title-14-part-187-sec187-1

902

14 CFR Ch. I (1–1–24 Edition)

Pt. 185

PART 185—TESTIMONY BY EMPLOY-

EES AND PRODUCTION OF
RECORDS IN LEGAL PRO-
CEEDINGS, AND SERVICE OF
LEGAL PROCESS AND PLEAD-
INGS

Sec.
185.1

Purpose.

185.3

Acceptance of service on behalf of the

Secretary of Transportation or the Ad-
ministrator.

185.5

Testimony by employees and produc-

tion of records in legal proceedings.

UTHORITY

: 49 U.S.C. 106(g), 40113–40114,

46104; 49 CFR part 9.

OURCE

: Docket No. 9900, 34 FR 16622, Oct.

17, 1969, unless otherwise noted.

§ 185.1 Purpose.

(a) The purpose of this part is to

name the FAA officials who, pursuant
to part 9 of the regulations of the Of-
fice of the Secretary of Transportation
(49 CFR part 9) as amended (34 FR
11972, July 16, 1969), are those:

(1) Upon whom legal process or plead-

ings may be served in any legal pro-
ceeding concerning the FAA, and who
have authority to acknowledge the
service and take further action there-
on; and

(2) Who otherwise perform the func-

tions prescribed by part 9 in legal pro-
ceedings concerning the FAA with re-
spect to testimony by FAA employees
and production of FAA records in legal
proceedings.

(b) For purposes of this part, ‘‘legal

proceedings’’ includes any proceeding
before a court of law, administrative
board or commission, hearing officer,
or other body conducting a legal or ad-
ministrative proceeding.

§ 185.3 Acceptance of service on behalf

of the Secretary of Transportation

or the Administrator.

Legal process or pleadings in any

legal proceeding concerning the FAA
may be served, at the option of the
server, on the Chief Counsel, Deputy
Chief Counsel, Assistant Chief Counsel,
Litigation Division, of the FAA, or any
other FAA official designated by the
Chief Counsel, with the same effect as
if served upon the Secretary of Trans-
portation or the Administrator. The of-
ficial accepting the service under this

section acknowledges the service and
takes further action as appropriate.

§ 185.5 Testimony by employees and

production of records in legal pro-

ceedings.

The Chief Counsel, and each Assist-

ant Chief Counsel, each Regional Coun-
sel, the Aeronautical Center Counsel,
and the Technical Center Counsel, with
respect to matters arising within their
respective jurisdictions, and any other
FAA official designated by the Chief
Counsel, perform the functions in legal
proceedings (other than one described
in § 185.3 of this part) as prescribed by
part 9 of the regulations of the Office of
the Secretary of Transportation, with
respect to testimony by FAA employ-
ees and production of FAA records in
legal proceedings.

[Doc. No. 9900, 34 FR 16622, Oct. 17, 1969, as
amended by Amdt. 185–1, 54 FR 39296, Sept.
25, 1989; Amdt. 185–3, 62 FR 46866, Sept. 4,
1997]

PART 187—FEES

Sec.
187.1

Scope.

187.3

Definitions.

187.5

Duplicates of licenses.

187.7

Copies; seal.

187.15

Payment of fees.

187.17

Failure of applicant to pay prescribed

fees.

187.51

Applicability of overflight fees.

187.53

Calculation of overflight fees.

187.55

Overflight fees billing and payment

procedures.

PPENDIX

ART

187—M

ETHODOLOGY FOR

OMPUTATION OF

EES FOR

ERTIFICATION

ERVICES

ERFORMED

UTSIDE

THE

NITED

TATES

PPENDIX

ART

187 [R

ESERVED

]

PPENDIX

ART

187—F

EES FOR

RODUC

TION

ERTIFICATION

-R

ELATED

ERVICES

ERFORMED

UTSIDE THE

NITED

TATES

UTHORITY

: 31 U.S.C. 9701; 49 U.S.C. 106(f),

106(g), 106(l)(6), 40104–40105, 40109, 40113–40114,
44702, 45301.

OURCE

: Docket No. 8347, 32 FR 12051, Aug.

22, 1967, unless otherwise noted.

§ 187.1 Scope.

This part prescribes fees only for

FAA services for which fees are not
prescribed in other parts of this chap-
ter or in 49 CFR part 7. The fees for
services furnished in connection with
making information available to the

903

Federal Aviation Administration, DOT

§ 187.51

public are prescribed exclusively in 49
CFR part 7. Appendix A to this part
prescribes the methodology for com-
putation of fees for certification serv-
ices performed outside the United
States. Appendix C to this part pre-
scribes the methodology for computa-
tion of fees for production certifi-
cation-related services performed out-
side the United States.

[Docket FAA–2015–3597, Amdt. 187–36, 81 FR
85853, Nov. 29, 2016]

§ 187.3 Definitions.

For the purpose of this part:

Great circle distance

means the short-

est distance between two points on the
surface of the Earth.

Overflight

means a flight through

U.S.-controlled airspace that does not
include a landing in or takeoff from the
United States.

Overflight through Enroute airspace

means an overflight through U.S.-con-
trolled airspace where primarily radar-
based air traffic services are provided.

Overflight through Oceanic airspace

means an overflight through U.S.-con-
trolled airspace where primarily proce-
dural air traffic services are provided.

U.S.-controlled airspace

means all air-

space over the territory of the United
States, extending 12 nautical miles
from the coastline of U.S. territory;
any airspace delegated to the United
States for U.S. control by other coun-
tries or under a regional air navigation
agreement; or any international air-
space, or airspace of undetermined sov-
ereignty, for which the United States
has accepted responsibility for pro-
viding air traffic control services.

[Docket FAA–2015–3597, Amdt. 187–36, 81 FR
85853, Nov. 29, 2016]

§ 187.5 Duplicates of licenses.

The fee for furnishing to a person en-

titled thereto a replacement, duplicate,
or facsimile of a certificate or other
document evidencing a license, for
which a fee is not specifically provided
elsewhere in this chapter, is $2.

§ 187.7 Copies; seal.

The fees for furnishing photostatic or

similar copies of documents and for af-
fixation of the seal for a certification

or validation are the same as those
provided in subpart H of 49 CFR part 7.

§ 187.15 Payment of fees.

(a) The fees of this part are payable

to the Federal Aviation Administra-
tion by check, money order, wire trans-
fers, draft, payable in U.S. currency
and drawn on a U.S. bank, or by credit
card payable in U.S. currency, prior to
the provision of any service under this
part.

(b) Applicants for the FAA services

provided under this part shall pay any
bank processing charges on fees col-
lected under this part, when such
charges are assessed on U.S. Govern-
ment.

described in Appendix A of this part
shall pay bank processing charges,
when such charges are assessed by
banks on U.S. Government deposits.

(d) The fees described in appendix B

of this part are payable to the Federal
Aviation Administration in U.S. cur-
rency. Remittance of fees of $1,000 or
more are to be paid by electronic funds
transfer. Remittance of amounts less
than $1,000 may be paid by electronic
funds transfer, check, money order,
credit card, or draft.

[Doc. No. 27809, 60 FR 19631, Apr. 19, 1995, as
amended by Amdt. 187–7, 62 FR 13503, Mar. 20,
1997; Amdt. 187–7, 62 FR 23295, Apr. 29, 1997;
Amdt. 187–10, 62 FR 55703, Oct. 27, 1997; Amdt.
187–7, 63 FR 40000, July 24, 1998; Amdt. 187–11,
65 FR 36008, June 6, 2000; Amdt. 187–12, 66 FR
43718, Aug. 20, 2001; Amdt. 187–4, 72 FR 18559,
Apr. 12, 2007]

§ 187.17 Failure by applicant to pay

prescribed fees.

If an applicant fails to pay fees

agreed to under appendix C of this part,
the FAA may suspend or deny any ap-
plication for service and may suspend
or revoke any production certification-
related approval granted.

[Doc. No. 28967, 62 FR 55703, Oct. 27, 1997]

§ 187.51 Applicability of overflight

fees.

(a) Except as provided in paragraphs

(c) or (d) of this section, any person
who conducts an overflight through ei-
ther Enroute or Oceanic airspace must
pay a fee as calculated in § 187.53.