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.
(c) Applicants for the FAA services
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.
904
14 CFR Ch. I (1–1–24 Edition)
§ 187.53
(b)
Services.
Persons covered by para-
graph (a) of this section must pay a fee
for the FAA’s rendering or providing of
certain services, including but not lim-
ited to the following:
(1) Air traffic management.
(2) Communications.
(3) Navigation.
(4) Radar surveillance, including sep-
aration services.
(5) Flight information services.
(6) Procedural control.
(7) Emergency services and training.
(c) The FAA does not assess a fee for
any military or civilian overflight op-
erated by the United States Govern-
ment or by any foreign government.
(d) Fees for overflights through U.S.-
controlled airspace covered by a writ-
ten FAA agreement or other binding
arrangement are charged according to
the terms of that agreement or ar-
rangement unless the terms are silent
on fees.
[Docket FAA–2015–3597, Amdt. 187–36, 81 FR
85853, Nov. 29, 2016]
§ 187.53 Calculation of overflight fees.
(a) The FAA assesses a total fee that
is the sum of the Enroute and Oceanic
calculated fees.
(1)
Enroute fee.
The Enroute fee is cal-
culated by multiplying the Enroute
rate in paragraph (c) of this section by
the total number of nautical miles
flown through each segment of Enroute
airspace divided by 100 (because the
Enroute rate is expressed per 100 nau-
tical miles).
(2)
Oceanic fee.
The Oceanic fee is cal-
culated by multiplying the Oceanic
rate in paragraph (c) of this section by
the total number of nautical miles
flown through each segment of Oceanic
airspace divided by 100 (because the
Oceanic rate is expressed per 100 nau-
tical miles).
(b) Distance flown through each seg-
ment of Enroute or Oceanic airspace is
based on the great circle distance
(GCD) from the point of entry into
U.S.-controlled airspace to the point of
exit from U.S.-controlled airspace
based on FAA flight data. Where actual
entry and exit points are not available,
the FAA will use the best available
flight data to calculate the entry and
exit points.
(c) The rate for each 100 nautical
miles flown through Enroute or Oce-
anic airspace is:
Time period
Enroute rate
Oceanic rate
January 1, 2017 to January
1, 2018 ...........................
58.45
23.15
January 1,2018 to January
1, 2019 ...........................
60.07
24.77
January 1, 2019 and Be-
yond ...............................
61.75
26.51
(d) The formula for the total over-
flight fee is:
Rij = E*DEij/100 + O*DOij/100
Where:
Rij = the total fee charged to aircraft flying
between entry point i and exit point j.
DEij = total distance flown through each
segment of Enroute airspace between
entry point i and exit point j.
DOij = total distance flown through each
segment of Oceanic airspace between
entry point i and exit point j.
E and O = the Enroute and Oceanic rates, re-
spectively, set forth in paragraph (c) of
this section.
(e) The FAA will review the rates de-
scribed in this section at least once
every 2 years and will adjust them to
reflect the current costs and volume of
the services provided.
[Docket FAA–2015–3597, Amdt. 187–36, 81 FR
85853, Nov. 29, 2016]
§ 187.55 Overflight fees billing and
payment procedures.
(a) The FAA will send an invoice to
each user when fees are owed to the
FAA. If the FAA cannot identify the
user, then an invoice will be sent to the
registered owner. Users will be billed at
the address of record in the country
where the aircraft is registered, unless
a billing address is otherwise provided.
(b) The FAA will send an invoice if
the monthly (based on Universal Co-
ordinated Time) fees equal or exceed
$400.
(c) Payment must be made by one of
the methods described in § 187.15(d).
[Docket FAA–2015–3597, Amdt. 187–36, 81 FR
85853, Nov. 29, 2016]