907
Federal Aviation Administration, DOT
§ 189.3
W
1
H
1
= hourly PC&B rate for employee 1,
times estimated hours
W
2
H
2
= hourly PC&B rate for employee 2,
etc., times estimated hours
T = estimated travel and transportation ex-
penses
O = other agency costs related to each activ-
ity including overhead.
(3) In no event will the applicant be
charged more than the actual FAA costs of
providing production certification-related
services.
(4) If the actual FAA costs vary from the
estimated fees by more than 10 percent, writ-
ten notice by the FAA will be given to the
applicant as soon as possible.
(5) If FAA costs exceed the estimated fees,
the applicant will be required to pay the dif-
ference prior to receiving further services. If
the estimated fees exceed the FAA costs, the
applicant may elect to apply the balance to
future agreements or to receive a refund.
(f) Fees will be reviewed by the FAA peri-
odically and adjusted either upward or down-
ward in order to reflect the current costs of
performing production certification-related
services outside the United States.
(1) Notice of any change to the elements of
the fee formula in this Appendix will be pub-
lished in the F
EDERAL
R
EGISTER
.
(2) Notice of any change to the method-
ology in this Appendix and other changes for
the fees will be published in the F
EDERAL
R
EGISTER
.
[Doc. No. 28967, 62 FR 55703, Oct. 27, 1997]
PART 189—USE OF FEDERAL AVIA-
TION ADMINISTRATION COMMU-
NICATIONS SYSTEM
Sec.
189.1
Scope.
189.3
Kinds of messages accepted or relayed.
189.5
Limitation of liability.
A
UTHORITY
: 31 U.S.C. 9701; 49 U.S.C. 106(g),
40104, 40113, 44502, 45303.
S
OURCE
: Docket No. 27778, 60 FR 39615, Aug.
2, 1995, unless otherwise noted.
§ 189.1 Scope.
This part describes the kinds of mes-
sages that may be transmitted or re-
layed by FAA Flight Service Stations.
§ 189.3 Kinds of messages accepted or
relayed.
(a) Flight Service Stations may ac-
cept for transmission over FAA com-
munication systems any messages con-
cerning international or overseas air-
craft operations described in para-
graphs (a) (1) through (6) of this sec-
tion. In addition, Flight Service Sta-
tions may relay any message described
in this section that was originally ac-
cepted for transmission at an FAA
Flight Service Station outside the 48
contiguous States, or was received
from a foreign station of the Aero-
nautical Fixed Telecommunications
Network that, in normal routing,
would require transit of the United
States to reach an overseas address:
(1) Distress messages and distress
traffic.
(2) Messages concerning the safety of
human life.
(3) Flight safety messages con-
cerning—
(i) Air traffic control, including—
(A) Messages concerning aircraft in
flight or about to depart;
(B) Departure messages;
(C) Flight plan departure messages;
(D) Arrival messages;
(E) Flight plan messages;
(F) Flight notification messages;
(G) Messages concerning flight can-
cellation; and
(H) Messages concerning delayed de-
parture;
(ii) Position reports from aircraft;
(iii) Messages originated by an air-
craft operating agency of immediate
concern to an aircraft in flight or
about to depart; and
(iv) Meteorological advice of imme-
diate concern to an aircraft in flight or
about to depart.
(4) Meteorological messages con-
cerning—
(i) Meteorological forecasts;
(ii) Meteorological observations ex-
clusively; or
(iii) Other meteorological informa-
tion exchanged between meteorological
offices.
(5) Aeronautical administrative mes-
sages—
(i) Concerning the operation or main-
tenance of facilities essential to the
safety or regulatory of aircraft oper-
ation;
(ii) Essential to efficient functioning
of aeronautical telecommunications; or
(iii) Between civil aviation authori-
ties concerning aircraft operation.
(6) Notices to airmen.
(b) The following messages may only
be relayed through the FAA commu-
nications systems:
908
14 CFR Ch. I (1–1–24 Edition)
§ 189.5
(1) Flight regularity messages—
(i) Addressed to the point of intended
landing and to not more than two other
addressees in the general area of the
route segment of the flight to which
the message refers, containing infor-
mation required for weight and balance
computation and remarks essential to
the rapid unloading of the aircraft;
(ii) Concerning changes, taking effect
within 72 hours, in aircraft operating
schedules;
(iii) Concerning the servicing of air-
craft en route or scheduled to depart
within 48 hours;
(iv) Concerning changes in the collec-
tive requirements for passengers, crew,
or cargo of aircraft en route or about
to depart, if the changes are caused by
unavoidable deviations from normal
operating schedules and are necessary
for flight regularity;
(v) Concerning non-routine landings
to be made by aircraft en route or
about to depart;
(vi) Concerning parts or materials ur-
gently needed to operate aircraft en
route or scheduled to depart within 48
hours; or
(vii) Concerning pre-flight arrange-
ment of air navigation services and, in
the case of non-scheduled or irregular
operations, operational servicing of
aircraft scheduled to depart within 48
hours.
(2) Messages originated by and ad-
dressed to aircraft operating agencies
or their representatives that directly
bear on the efficient and economic con-
duct or day to day operations, if ade-
quate non-United States communica-
tions facilities are not available and
the messages concern—
(i) Matter described in paragraph
(b)(1) of this section, but not meeting
the time limitations described in para-
graph (b)(1) of this section;
(ii) Aircraft parts, equipment, or sup-
plies, air navigation or communica-
tions, or essential ground facilities;
(iii) Train or hotel reservations for
passengers or employees;
(iv) Lost baggage or personal effects;
(v) Tickets or cargo shipments and
payment therefore;
(vi) Location of passengers and cargo;
(vii) New or revised passenger or
cargo rates;
(viii) Crew assignments and similar
operations personnel matters taking
effect within 7 days;
(ix) Post flight reports for record pur-
poses;
(x) Publicity and special handling re-
garding dignitaries; or
(xi) Reservations, when originated by
aircraft operating agencies to secure
space required in transport aircraft.
§ 189.5 Limitation of liability.
The United States is not liable for
any omission, error, or delay in trans-
mitting or relaying, or for any failure
to transmit or relay, any message ac-
cepted for transmission or relayed
under this part, even if the omission,
error, delay, or failure to transmit or
relay is caused by the negligence of an
employee of the United States.
PART 193—PROTECTION OF VOL-
UNTARILY SUBMITTED INFORMA-
TION
Sec.
193.1
What does this part cover?
193.3
Definitions.
193.5
How may I submit safety or security
information and have it protected from
disclosure?
193.7
What does it mean for the FAA to des-
ignate information as protected?
193.9
Will the FAA ever disclose informa-
tion that is designated as protected
under this part?
193.11
What is the notice procedure?
193.13
What is the no-notice procedure?
193.15
What FAA officials exercise the au-
thority of the Administrator under this
part?
193.17
How must design and production ap-
proval holders handle information they
receive from the FAA under this part?
A
UTHORITY
: 49 U.S.C. 106(g), 40113, 40123.
S
OURCE
: 66 FR 33805, June 25, 2001, unless
otherwise noted.
§ 193.1 What does this part cover?
This part describes when and how the
FAA protects from disclosure safety
and security information that you sub-
mit voluntarily to the FAA. This part
carries out 49 U.S.C. 40123, protection
of voluntarily submitted information.
§ 193.3 Definitions.
Agency
means each authority of the
Government of the United States,