2020-26251

Document Headings Document headings vary by document type but may contain the following: • the agency or agencies that issued and signed a document • the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to • the agency docket number / agency internal file number • the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Transportation Federal Aviation Administration • 14 CFR Part 187 • [Docket No.: FAA-2020-1002] AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Statement of enforcement policy. SUMMARY: This document announces that the FAA will pursue all delinquent balances for overflight fees including the collection of interest, penalties, and administrative charges as authorized by law. DATES: This policy is effective January 1, 2021. FOR FURTHER INFORMATION CONTACT: Michelle Leissner, Financial Service Division, Office of General Accounting, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 S MacArthur Blvd., Oklahoma City, OK 73169; telephone: (405) 954-9984; email: michelle.leissner@faa.gov. SUPPLEMENTARY INFORMATION: Availability of This Policy You can obtain an electronic copy using the internet by— (1) Searching the Federal eRulemaking Portal ( http://www.regulations.gov); (2) Visiting the FAA's Regulations and Policies web page at http://www.faa.gov/​regulations_​policies/​; or (3) Accessing the Federal Register 's website at https://www.federalregister.gov/​. You can also obtain a copy by sending a request to the Federal Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue SW, Washington, DC 20591, or by calling (202) 267-9677. Make sure to identify the docket number of this policy. Background The FAA must collect fees for air traffic control and related services it provides to aircraft other than military and civilian aircraft of the United States Government or of a foreign government that neither take off from, nor land in, the United States. 49 U.S.C. 45301(a). Title 14 CFR part 187 implements the requirement by prescribing the collection of the fees for such flights that transit United States-controlled airspace (commonly known as “overflights”). 14 CFR 187.51. The FAA implemented overflight fees in their current form in 2001. Fees for FAA Services for Certain Flights final rule, 66 FR 43680 (Aug. 20, 2001). The FAA last updated part 187 in 2016. Update of Overflight Fee Rates final rule, 81 FR 85843 (Nov. 29, 2016). In its 2001 final rule, the FAA stated it would assess administrative charges and interest for delinquent invoices in accordance with 49 CFR part 89. See 66 FR at 43716. The FAA also stated it would pursue all delinquent balances to the extent provided by law. Id. Part 89, which contains Department of Transportation (DOT) provisions implementing the Federal Claims Collection Act (31 U.S.C. 3701-3720), sets forth the procedures by which the DOT collects certain claims owed to the United States, and determines and collects interest and other charges on those claims. Section 89.23 requires the FAA, by DOT delegation in § 89.5(c), to charge interest at the Treasury Current Value of Funds Rate (or higher) from the due date, to waive interest charges on debts paid within 30 calendar days of the due date, to charge a late payment penalty of six percent on any portion of the debt th…

Fonte: Federal Register (federalregister.gov). Texto original em inglês. Conteúdo sanitizado por segurança.