Document
14 CFR Ch. I (1–1–26 Edition) Pt. 185
section acknowledges the service and
PART 185—TESTIMONY BY EMPLOY-
takes further action as appropriate.
EES AND PRODUCTION OF
RECORDS IN LEGAL PRO-
§ 185.5 Testimony by employees and
CEEDINGS, AND SERVICE OF
production of records in legal pro- ceedings.
LEGAL PROCESS AND PLEAD-
INGS
The Chief Counsel, and each Assist- ant Chief Counsel, each Regional Coun- Sec.
sel, the Aeronautical Center Counsel, 185.1 Purpose.
and the Technical Center Counsel, with 185.3 Acceptance of service on behalf of the respect to matters arising within their Secretary of Transportation or the Ad- respective jurisdictions, and any other ministrator.
FAA official designated by the Chief 185.5 Testimony by employees and produc- Counsel, perform the functions in legal tion of records in legal proceedings.
proceedings (other than one described A UTHORITY : 49 U.S.C. 106(g), 40113–40114, in § 185.3 of this part) as prescribed by 46104; 49 CFR part 9.
part 9 of the regulations of the Office of S OURCE : Docket 9900, 34 FR 16622, Oct. 17, the Secretary of Transportation, with 1969, unless otherwise noted.
respect to testimony by FAA employ- ees and production of FAA records in § 185.1 Purpose.
legal proceedings.
(a) The purpose of this part is to [Docket 9900, 34 FR 16622, Oct. 17, 1969, as name the FAA officials who, pursuant amended by Amdt. 185–1, 54 FR 39296, Sept.
to part 9 of the regulations of the Of- 25, 1989; Amdt. 185–3, 62 FR 46866, Sept. 4, fice of the Secretary of Transportation 1997] (49 CFR part 9) as amended (34 FR 11972, July 16, 1969), are those:
PART 187—FEES
(1) Upon whom legal process or plead- ings may be served in any legal pro- Sec.
ceeding concerning the FAA, and who 187.1 Scope.
have authority to acknowledge the 187.3 Definitions.
service and take further action there- 187.5 Duplicates of licenses.
on; and 187.7 Copies; seal.
(2) Who otherwise perform the func- 187.15 Payment of fees.
187.17 Failure of applicant to pay prescribed tions prescribed by part 9 in legal pro- fees.
ceedings concerning the FAA with re- 187.51 Applicability of overflight fees.
spect to testimony by FAA employees 187.53 Calculation of overflight fees.
and production of FAA records in legal 187.55 Overflight fees billing and payment proceedings.
procedures.
(b) For purposes of this part, ‘‘legal A PPENDIX A TO P ART 187—M ETHODOLOGY FOR proceedings’’ includes any proceeding C OMPUTATION OF F EES FOR CERTIFICATION before a court of law, administrative S ERVICES P ERFORMED O UTSIDE THE board or commission, hearing officer, NITED S TATES U A PPENDIX B TO P ART 187 [R ESERVED ] or other body conducting a legal or ad- APPENDIX C TO P ART 187—F EES FOR P RODUC - ministrative proceeding.
TION C ERTIFICATION -R ELATED S ERVICES P ERFORMED O UTSIDE THE U NITED S TATES § 185.3 Acceptance of service on behalf of the Secretary of Transportation A UTHORITY : 31 U.S.C. 9701; 49 U.S.C. 106(f), or the Administrator.
106(g), 106(l)(6), 40104–40105, 40109, 40113–40114, 44702, 45301.
Legal process or pleadings in any legal proceeding concerning the FAA S OURCE : Docket 8347, 32 FR 12051, Aug. 22, 1967, unless otherwise noted.
may be served, at the option of the server, on the Chief Counsel, Deputy § 187.1 Scope.
Chief Counsel, Assistant Chief Counsel, Litigation Division, of the FAA, or any This part prescribes fees only for other FAA official designated by the FAA services for which fees are not Chief Counsel, with the same effect as prescribed in other parts of this chap- if served upon the Secretary of Trans- ter or in 49 CFR part 7. The fees for portation or the Administrator. The of- services furnished in connection with ficial accepting the service under this making information available to the VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00916 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR
Federal Aviation Administration, DOT § 187.51
public are prescribed exclusively in 49 or validation are the same as those CFR part 7. Appendix A to this part provided in subpart H of 49 CFR part 7.
prescribes the methodology for com- § 187.15 Payment of fees.
putation of fees for certification serv- ices performed outside the United (a) The fees of this part are payable States. Appendix C to this part pre- to the Federal Aviation Administra- scribes the methodology for computa- tion by check, money order, wire trans- tion of fees for production certifi- fers, draft, payable in U.S. currency cation-related services performed out- and drawn on a U.S. bank, or by credit side the United States.
card payable in U.S. currency, prior to the provision of any service under this [Docket FAA–2015–3597, Amdt. 187–36, 81 FR part.
85853, Nov. 29, 2016] (b) Applicants for the FAA services § 187.3 Definitions.
provided under this part shall pay any bank processing charges on fees col- For the purpose of this part: lected under this part, when such Great circle distance means the short- charges are assessed on U.S. Govern- est distance between two points on the ment.
surface of the Earth.
(c) Applicants for the FAA services Overflight means a flight through described in Appendix A of this part U.S.-controlled airspace that does not shall pay bank processing charges, include a landing in or takeoff from the when such charges are assessed by United States.
banks on U.S. Government deposits.
Overflight through Enroute airspace (d) The fees described in appendix B means an overflight through U.S.-con- of this part are payable to the Federal trolled airspace where primarily radar- Aviation Administration in U.S. cur- based air traffic services are provided.
rency. Remittance of fees of $1,000 or Overflight through Oceanic airspace more are to be paid by electronic funds means an overflight through U.S.-con- transfer. Remittance of amounts less trolled airspace where primarily proce- than $1,000 may be paid by electronic dural air traffic services are provided.
funds transfer, check, money order, U.S.-controlled airspace means all air- credit card, or draft.
space over the territory of the United [Docket 27809, 60 FR 19631, Apr. 19, 1995, as States, extending 12 nautical miles amended by Amdt. 187–7, 62 FR 13503, Mar. 20, from the coastline of U.S. territory; 1997; Amdt. 187–7, 62 FR 23295, Apr. 29, 1997; any airspace delegated to the United Amdt. 187–10, 62 FR 55703, Oct. 27, 1997; Amdt.
States for U.S. control by other coun- 187–7, 63 FR 40000, July 24, 1998; Amdt. 187–11, tries or under a regional air navigation 65 FR 36008, June 6, 2000; Amdt. 187–12, 66 FR agreement; or any international air- 43718, Aug. 20, 2001; Amdt. 187–4, 72 FR 18559, space, or airspace of undetermined sov- Apr. 12, 2007] ereignty, for which the United States has accepted responsibility for pro- § 187.17 Failure by applicant to pay prescribed fees.
viding air traffic control services.
If an applicant fails to pay fees [Docket FAA–2015–3597, Amdt. 187–36, 81 FR agreed to under appendix C of this part, 85853, Nov. 29, 2016] the FAA may suspend or deny any ap- § 187.5 Duplicates of licenses. plication for service and may suspend or revoke any production certification- The fee for furnishing to a person en- related approval granted.
titled thereto a replacement, duplicate, or facsimile of a certificate or other [Docket 28967, 62 FR 55703, Oct. 27, 1997] document evidencing a license, for § 187.51 Applicability of overflight which a fee is not specifically provided fees.
elsewhere in this chapter, is $2.
(a) Except as provided in paragraphs § 187.7 Copies; seal.
(c) or (d) of this section, any person The fees for furnishing photostatic or who conducts an overflight through ei- similar copies of documents and for af- ther Enroute or Oceanic airspace must fixation of the seal for a certification pay a fee as calculated in § 187.53.
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14 CFR Ch. I (1–1–26 Edition) § 187.53
(b) Services. Persons covered by para- (c) The rate for each 100 nautical graph (a) of this section must pay a fee miles flown through Enroute or Oce- for the FAA’s rendering or providing of anic airspace is: certain services, including but not lim- Time period Enroute rate Oceanic rate ited to the following: (1) Air traffic management.
January 1, 2017 to January (2) Communications. 1, 2018 ........................... 58.45 23.15 January 1,2018 to January (3) Navigation.
1, 2019 ........................... 60.07 24.77 (4) Radar surveillance, including sep- January 1, 2019 and Be- aration services.
yond ............................... 61.75 26.51 (5) Flight information services.
(6) Procedural control.
(d) The formula for the total over- (7) Emergency services and training.
flight fee is: (c) The FAA does not assess a fee for Rij = E*DEij/100 + O*DOij/100 any military or civilian overflight op- Where: erated by the United States Govern- ment or by any foreign government.
Rij = the total fee charged to aircraft flying (d) Fees for overflights through U.S.- between entry point i and exit point j.
controlled airspace covered by a writ- DEij = total distance flown through each ten FAA agreement or other binding segment of Enroute airspace between entry point i and exit point j.
arrangement are charged according to DOij = total distance flown through each the terms of that agreement or ar- segment of Oceanic airspace between rangement unless the terms are silent entry point i and exit point j.
on fees.
E and O = the Enroute and Oceanic rates, re- [Docket FAA–2015–3597, Amdt. 187–36, 81 FR spectively, set forth in paragraph (c) of 85853, Nov. 29, 2016] this section.
(e) The FAA will review the rates de- § 187.53 Calculation of overflight fees.
scribed in this section at least once (a) The FAA assesses a total fee that every 2 years and will adjust them to is the sum of the Enroute and Oceanic reflect the current costs and volume of calculated fees.
the services provided.
(1) Enroute fee. The Enroute fee is cal- culated by multiplying the Enroute [Docket FAA–2015–3597, Amdt. 187–36, 81 FR rate in paragraph (c) of this section by 85853, Nov. 29, 2016] the total number of nautical miles flown through each segment of Enroute § 187.55 Overflight fees billing and airspace divided by 100 (because the payment procedures.
Enroute rate is expressed per 100 nau- (a) The FAA will send an invoice to tical miles).
each user when fees are owed to the (2) Oceanic fee. The Oceanic fee is cal- FAA. If the FAA cannot identify the culated by multiplying the Oceanic user, then an invoice will be sent to the rate in paragraph (c) of this section by registered owner. Users will be billed at the total number of nautical miles the address of record in the country flown through each segment of Oceanic where the aircraft is registered, unless airspace divided by 100 (because the a billing address is otherwise provided.
Oceanic rate is expressed per 100 nau- (b) The FAA will send an invoice if tical miles).
the monthly (based on Universal Co- (b) Distance flown through each seg- ordinated Time) fees equal or exceed ment of Enroute or Oceanic airspace is $400.
based on the great circle distance (GCD) from the point of entry into (c) Payment must be made by one of U.S.-controlled airspace to the point of the methods described in § 187.15(d).
exit from U.S.-controlled airspace [Docket FAA–2015–3597, Amdt. 187–36, 81 FR based on FAA flight data. Where actual 85853, Nov. 29, 2016] entry and exit points are not available, the FAA will use the best available flight data to calculate the entry and exit points.
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Federal Aviation Administration, DOT Pt. 187, App. A
(10) Insurance claims and indemnities, A PPENDIX A TO P ART 187—M ETHOD - budget code series 4200.
OLOGY FOR C OMPUTATION OF FEES (d) In order to recover overhead costs at- FOR C ERTIFICATION S ERVICES P ER- tributable to the budget, all costs other than FORMED O UTSIDE THE U NITED direct inspector transportation and subsist- S TATES ence, overtime, and Sunday/holiday costs, are assigned to the number of inspector posi- (a) Fixed fees and hourly rates have been tions. An hourly cost per inspector is devel- derived using the methodology described oped by dividing the annual Flight Stand- below to ensure full cost recovery for certifi- ards Operations Budget, excluding the items cation actions or approvals provided by the enumerated above, by the number of avia- FAA for persons outside the United States.
tion safety inspections (OMB position series (b) These rates are based on aviation safety 1825) on board at the beginning of the fiscal inspector time rather than calculating a sep- year, to determine the annual cost of an arate rate for managerial or clerical time be- aviation safety inspector. This annual cost cause the inspector is the individual per- of an aviation safety inspector is divided by forming the actual service. Charging for in- 2,087 hours, which is the annual paid hours of spector time, while building in all costs into a U.S. Federal Government employee. This the rate base, provides for efficient cost re- result in the hourly government paid cost of covery and time management.
an aviation safety inspector.
(c) The hourly billing rate has been deter- (e) To ensure that the hourly inspector mined by using the annual operations budget cost represents a billing rate that ensures of the Flight Standards Service. The budget full recovery of costs, the hourly cost per in- is comprised of the following: spector must be multiplied by an indirect (1) Personnel compensation and benefits, work factor to determine the hourly inspec- budget code series 1100 (excluding codes 1151 tor billing rate. This is necessary for the fol- and 1152—overtime, Sunday and holiday lowing reasons: pay), 1200, and 1300.
(1) Inspectors spend a significant amount (2) Travel and transportation of persons, of time in indirect work to support their in- budget code series 2100 (excluding code 2100— spection activities, much of which cannot be site visit travel).
allocated to any one client.
(3) Transportation of things, budget code (2) Not all 2,087 annual paid hours are series 2200.
available as work hours because training, (4) Rental, communications, utilities, providing technical assistance, leave, and budget code series 2300.
other indirect work activities reduce the (5) Printing and reproduction, budget code work time that may be directly billed. Con- series 2400.
sequently, the hourly cost per inspector (6) Contractual services, budget code series must be adjusted upwards by an indirect 2500.
work factor. The calculation of an indirect (7) Supplies and materials, budget code se- work factor is discussed in paragraph (f) of ries 2600.
this appendix.
(8) Equipment, budget code series 3100.
(9) Lands and structures, budget code se- (f)(1) The indirect work factor is deter- ries 3200. mined using the following formula: k
⎛ ⎞
1 1 + + = a b ( ) indirect work factor
∑ i
⎜ ⎟
⎝ ⎠
where: (A) Development of master minimum equipment lists on Flight Operations Evalua- a = indirect work rate, and tion Board.
b = leave usage (total leave hours divided by (B) Development of aircraft training docu- total hours available for work.
ments on Flight Standardization Board.
(2) The components of the formula are de- (C) Development of Maintenance program rived as follows: documents on Maintenance Review Board.
(i) a = indirect work rate. Indirect work rate (D) Providing technical assistance.
is take from the Flight Standards Staffing (E) Assisting legal counsel.
Standard Order and is used to project the (F) Evaluation of technical documents.
amount of time an aviation safety inspector (G) Leave (all types).
spends in indirect activities, as opposed to (H) Training.
certification and surveillance work. The in- (I) Administrative time.
direct work activities are: (J) Travel for indirect work.
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14 CFR Ch. I (1–1–26 Edition) Pt. 187, App. C
(ii) b = leave usage (total leave hours divided manufacturing facilities or supplier facilities by total hours available for work). This is com- located outside the United States to manu- puted by using OMB guidelines of 280 average facture or assemble aeronautical products annual leave hours and 1,800 average annual after September 30, 1997.
hours available for work for computer man- (c) Definitions. For the purpose of this ap- pendix, the following definitions apply: power requirements.
Manufacturing facility means a place where (g) The hourly inspector cost, when multi- production of a complete aircraft, aircraft plied by the indirect work factor, yields the engine, propeller, part, component, or appli- hourly inspector billing rate and ensures full ance is performed.
cost recovery by incorporating the total Production certification-related service means amount of FAA paid hours needed to produce a service associated with initial production one hour of direct billable inspector time.
approval holder qualification; ongoing pro- (h) Certifications and approvals for which duction approval holder and supplier surveil- there are fixed times, such as airman tests, lance; designee management; initial produc- are determined by multiplying the time used tion approval holder qualification and ongo- in the Flight Standards Staffing Standard or ing surveillance for production certificate airman test guidelines by the inspector hour- extensions outside the United States; con- ly billing rate.
formity inspections; and witnessing of tests.
(i) Certifications and approvals for which Supplier facility means a place where pro- there are no fixed work rates, such as airman duction of a part, component, or sub- and repair station facilities (air agencies), assembly is performed for a production ap- are billed at the hourly inspector billing proval holder.
rate.
Production approval holder means a person (j) Actual transportation and subsistence who holds an FAA approval for production expenses incurred in certification or ap- under type certificate only, an FAA approval proval actions will be billed in addition to for production under an approved production the hourly inspector billing rate, where such inspection system, a production certificate, expenses are incurred.
a technical standard order authorization, or (k) In no event will the fees exceed the ac- a parts manufacturer approval.
tual costs of providing certification or ap- (d) Procedural requirements. (1) Applicants proval services.
may apply for FAA production certification- (l) The methodology for computing user related services provided outside the United fees is published in this Appendix. The User States by a letter of application to the FAA fee schedule is published in an FAA Advisory detailing when and where the particular Circular entitled ‘‘Flight Standards Service services are required.
Schedule of Charges Outside the United (2) The FAA will notify the applicant in States.’’ A copy of this publication may be writing of the estimated cost and schedule to obtained from: New Orders, Superintendent provide the services.
of Documents, P.O. Box 371954, Pittsburgh, (3) The applicant will review the estimated PA 15250–7954.
costs and schedule of services. If the appli- (m) Fees will be reviewed every year, at cant agrees with the estimated costs and the beginning of the fiscal year, and adjusted schedule of services, the applicant will pro- either upward or downward in order to re- pose to the FAA that the services be pro- flect the current costs of performing tests, vided. If the FAA agrees and can provide the authorizations, certifications, permits, or services requested, a written agreement will ratings.
be executed between the applicant and the (n) Notice of each change to a fee for a FAA.
service described in the user fee schedule (4) The applicant must provide advance will be published in the ‘‘Notices’’ section of payment for each 12-month period of agreed EDERAL R EGISTER .
the F FAA service unless a shorter period is agreed [Amdt. 187–5, 60 FR 19631, Apr. 19, 1995] to between the Production Approval Holder and FAA.
A PPENDIX B TO P ART 187 [R ESERVED] (e) Fee determination. (1) Fees for FAA pro- duction certification-related services will A PPENDIX C TO P ART 187—F EES FOR consist of: personnel compensation and ben- P RODUCTION C ERTIFICATION -R E - efit (PC&B) for each participating FAA em- LATED S ERVICES P ERFORMED O UT - ployee, actual travel and transportation ex- penses incurred in providing the service, SIDE THE U NITED S TATES other agency costs and an overhead percent- (a) Purpose. This appendix describes the age.
methodology for the calculation of fees for (2) Fees will be determined on a case-by- production certification-related services out- case basis according to the following general side the United States that are performed by formula: the FAA.
W H + W H etc., + T + O 1 1 2 2 (b) Applicability. This appendix applies to production approval holders who elect to use Where: VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00920 Fmt 8010 Sfmt 8003 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR
Federal Aviation Administration, DOT § 189.3
W H = hourly PC&B rate for employee 1, 1 1 tion. In addition, Flight Service Sta- times estimated hours tions may relay any message described W H = hourly PC&B rate for employee 2, 2 2 in this section that was originally ac- etc., times estimated hours cepted for transmission at an FAA T = estimated travel and transportation ex- Flight Service Station outside the 48 penses contiguous States, or was received O = other agency costs related to each activ- ity including overhead. from a foreign station of the Aero- nautical Fixed Telecommunications (3) In no event will the applicant be Network that, in normal routing, charged more than the actual FAA costs of would require transit of the United providing production certification-related services. States to reach an overseas address: (4) If the actual FAA costs vary from the (1) Distress messages and distress estimated fees by more than 10 percent, writ- traffic.
ten notice by the FAA will be given to the (2) Messages concerning the safety of applicant as soon as possible.
human life.
(5) If FAA costs exceed the estimated fees, (3) Flight safety messages con- the applicant will be required to pay the dif- cerning— ference prior to receiving further services. If the estimated fees exceed the FAA costs, the (i) Air traffic control, including— applicant may elect to apply the balance to (A) Messages concerning aircraft in future agreements or to receive a refund.
flight or about to depart; (f) Fees will be reviewed by the FAA peri- (B) Departure messages; odically and adjusted either upward or down- (C) Flight plan departure messages; ward in order to reflect the current costs of (D) Arrival messages; performing production certification-related (E) Flight plan messages; services outside the United States.
(1) Notice of any change to the elements of (F) Flight notification messages; the fee formula in this Appendix will be pub- (G) Messages concerning flight can- lished in the F EDERAL R EGISTER .
cellation; and (2) Notice of any change to the method- (H) Messages concerning delayed de- ology in this Appendix and other changes for parture; the fees will be published in the F EDERAL (ii) Position reports from aircraft; R EGISTER .
(iii) Messages originated by an air- [Docket 28967, 62 FR 55703, Oct. 27, 1997] craft operating agency of immediate concern to an aircraft in flight or
PART 189—USE OF FEDERAL AVIA-
about to depart; and
TION ADMINISTRATION COMMU-
(iv) Meteorological advice of imme-
NICATIONS SYSTEM diate concern to an aircraft in flight or
about to depart.
Sec. (4) Meteorological messages con- 189.1 Scope.
cerning— 189.3 Kinds of messages accepted or relayed.
(i) Meteorological forecasts; 189.5 Limitation of liability.
(ii) Meteorological observations ex- A UTHORITY : 31 U.S.C. 9701; 49 U.S.C. 106(g), clusively; or 40104, 40113, 44502, 45303.
(iii) Other meteorological informa- tion exchanged between meteorological S OURCE : Docket 27778, 60 FR 39615, Aug. 2, 1995, unless otherwise noted. offices.
(5) Aeronautical administrative mes- § 189.1 Scope.
sages— This part describes the kinds of mes- (i) Concerning the operation or main- sages that may be transmitted or re- tenance of facilities essential to the layed by FAA Flight Service Stations. safety or regulatory of aircraft oper- ation; § 189.3 Kinds of messages accepted or (ii) Essential to efficient functioning relayed.
of aeronautical telecommunications; or (a) Flight Service Stations may ac- (iii) Between civil aviation authori- cept for transmission over FAA com- ties concerning aircraft operation.
munication systems any messages con- (6) Notices to airmen.
cerning international or overseas air- (b) The following messages may only craft operations described in para- be relayed through the FAA commu- graphs (a) (1) through (6) of this sec- nications systems: VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00921 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR