1、848 14 CFR Ch. I (1111 Edition) 185.3 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 le
2、gal 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 Transportati
3、on 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,
4、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 Chi
5、ef 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
6、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 amen
7、ded by Amdt. 1851, 54 FR 39296, Sept. 25, 1989; Amdt. 1853, 62 FR 46866, Sept. 4, 1997 PART 187FEES Sec. 187.1 Scope. 187.5 Duplicates of licenses. 187.7 Copies; seal. 187.15 Payment of fees. 187.17 Failure of applicant to pay prescribed fees. APPENDIX A TO PART 187METHODOLOGY FOR COMPUTATION OF FEE
8、S FOR CERTIFICATION SERVICES PERFORMED OUTSIDE THE UNITED STATES APPENDIX B TO PART 187FEES FOR FAA SERVICES FOR CERTAIN FLIGHTS APPENDIX C TO PART 187FEES FOR PRODUC-TION CERTIFICATION-RELATED SERVICES PERFORMED OUTSIDE THE UNITED STATES AUTHORITY: 31 U.S.C. 9701; 49 U.S.C. 106(g), 49 U.S.C. 106(l)
9、(6), 4010440105, 40109, 40113 40114, 44702. SOURCE: 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
10、 in connection with making information available to the 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 A to this part pre-scribes the methodology
11、 for computa-tion of fees for certification services performed outside the United States. Appendix B to this part prescribes the fees for certain aircraft flights that transit U.S.-controlled airspace. Doc. No. 8347, 32 FR 12051, Aug 22, 1967, as amended by Amdt. 1877, 62 FR 13503, Mar. 20, 1997; Am
12、dt. 1877, 63 FR 40000, July 24, 1998; Amdt. 18711, 65 FR 36008, June 6, 2000; Amdt. 18712, 66 FR 43717, Aug. 20, 2001 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
13、 which a fee is not specifically provided elsewhere in this chapter, is $2. VerDate Mar2010 08:29 Feb 24, 2011 Jkt 223045 PO 00000 Frm 00858 Fmt 8010 Sfmt 8010 Y:SGML223045.XXX 223045WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without
14、license from IHS-,-,-849 Federal Aviation Administration, DOT Pt. 187, App. A 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
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) Appl
16、icants 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 cha
17、rges 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
18、 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. 1877, 62 FR 13503, Mar. 20, 1997; Amdt. 1877, 62 FR 23295, Apr. 29, 1997; Amdt. 18710, 62 FR 55703, Oct. 27, 1997; Amdt. 1877, 63 FR 40000, July 24, 1998;
19、 Amdt. 18711, 65 FR 36008, June 6, 2000; Amdt. 18712, 66 FR 43718, Aug. 20, 2001; Amdt. 1874, 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 ser
20、vice and may suspend or revoke any production certification- related approval granted. Doc. No. 28967, 62 FR 55703, Oct. 27, 1997 APPENDIX A TO PART 187METHOD-OLOGY FOR COMPUTATION OF FEES FOR CERTIFICATION SERVICES PER-FORMED OUTSIDE THE UNITED STATES (a) Fixed fees and hourly rates have been deriv
21、ed using the methodology described below to ensure full cost recovery for certifi-cation actions or approvals provided by the FAA for persons outside the United States. (b) These rates are based on aviation safety inspector time rather than calculating a sep-arate rate for managerial or clerical tim
22、e be-cause the inspector is the individual per-forming the actual service. Charging for in-spector time, while building in all costs into the rate base, provides for efficient cost re-covery and time management. (c) The hourly billing rate has been deter-mined by using the annual operations budget o
23、f the Flight Standards Service. The budget is comprised of the following: (1) Personnel compensation and benefits, budget code series 1100 (excluding codes 1151 and 1152overtime, Sunday and holiday pay), 1200, and 1300. (2) Travel and transportation of persons, budget code series 2100 (excluding cod
24、e 2100 site visit travel). (3) Transportation of things, budget code series 2200. (4) Rental, communications, utilities, budget code series 2300. (5) Printing and reproduction, budget code series 2400. (6) Contractual services, budget code series 2500. (7) Supplies and materials, budget code se-ries
25、 2600. (8) Equipment, budget code series 3100. (9) Lands and structures, budget code se-ries 3200. (10) Insurance claims and indemnities, budget code series 4200. (d) In order to recover overhead costs at-tributable to the budget, all costs other than direct inspector transportation and subsist-ence
26、, overtime, and Sunday/holiday costs, are assigned to the number of inspector posi-tions. An hourly cost per inspector is devel-oped by dividing the annual Flight Stand-ards Operations Budget, excluding the items enumerated above, by the number of avia-tion safety inspections (OMB position series 18
27、25) on board at the beginning of the fiscal year, to determine the annual cost of an aviation safety inspector. This annual cost of an aviation safety inspector is divided by 2,087 hours, which is the annual paid hours of a U.S. Federal Government employee. This result in the hourly government paid
28、cost of an aviation safety inspector. (e) To ensure that the hourly inspector cost represents a billing rate that ensures full recovery of costs, the hourly cost per in-spector must be multiplied by an indirect VerDate Mar2010 08:29 Feb 24, 2011 Jkt 223045 PO 00000 Frm 00859 Fmt 8010 Sfmt 8002 Y:SGM
29、L223045.XXX 223045WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-850 14 CFR Ch. I (1111 Edition) Pt. 187, App. B work factor to determine the hourly inspec-tor billing rate. This is necessary for the fol-lowin
30、g reasons: (1) Inspectors spend a significant amount of time in indirect work to support their in-spection activities, much of which cannot be allocated to any one client. (2) Not all 2,087 annual paid hours are available as work hours because training, providing technical assistance, leave, and oth
31、er indirect work activities reduce the work time that may be directly billed. Con-sequently, the hourly cost per inspector must be adjusted upwards by an indirect work factor. The calculation of an indirect work factor is discussed in paragraph (f) of this appendix. (f)(1) The indirect work factor i
32、s deter-mined using the following formula: 111+=abik( ) indirect work factorwhere: a=indirect work rate, and b=leave usage (total leave hours divided by total hours available for work. (2) The components of the formula are de-rived as follows: (i) a=indirect work rate. Indirect work rate is take fro
33、m the Flight Standards Staffing Standard Order and is used to project the amount of time an aviation safety inspector spends in indirect activities, as opposed to certification and surveillance work. The in-direct work activities are: (A) Development of master minimum equipment lists on Flight Opera
34、tions Evalua-tion Board. (B) Development of aircraft training docu-ments on Flight Standardization Board. (C) Development of Maintenance program documents on Maintenance Review Board. (D) Providing technical assistance. (E) Assisting legal counsel. (F) Evaluation of technical documents. (G) Leave (a
35、ll types). (H) Training. (I) Administrative time. (J) Travel for indirect work. (ii) b=leave usage (total leave hours divided by total hours available for work). This is com-puted by using OMB guidelines of 280 average annual leave hours and 1,800 average annual hours available for work for computer
36、 man-power requirements. (g) The hourly inspector cost, when multi-plied by the indirect work factor, yields the hourly inspector billing rate and ensures full cost recovery by incorporating the total amount of FAA paid hours needed to produce one hour of direct billable inspector time. (h) Certific
37、ations and approvals for which there are fixed times, such as airman tests, are determined by multiplying the time used in the Flight Standards Staffing Standard or airman test guidelines by the inspector hour-ly billing rate. (i) Certifications and approvals for which there are no fixed work rates,
38、 such as airman and repair station facilities (air agencies), are billed at the hourly inspector billing rate. (j) Actual transportation and subsistence expenses incurred in certification or ap-proval actions will be billed in addition to the hourly inspector billing rate, where such expenses are in
39、curred. (k) In no event will the fees exceed the ac-tual costs of providing certification or ap-proval services. (l) The methodology for computing user fees is published in this Appendix. The User fee schedule is published in an FAA Advisory Circular entitled Flight Standards Service Schedule of Cha
40、rges Outside the United States. A copy of this publication may be obtained from: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 152507954. (m) Fees will be reviewed every year, at the beginning of the fiscal year, and adjusted either upward or downward in order to re-flect
41、the current costs of performing tests, authorizations, certifications, permits, or ratings. (n) Notice of each change to a fee for a service described in the user fee schedule will be published in the Notices section of the FEDERAL REGISTER. Amdt. 1875, 60 FR 19631, Apr. 19, 1995 APPENDIX B TO PART
42、187FEES FOR FAA SERVICES FOR CERTAIN FLIGHTS (a) Applicability. Except as provided in paragraphs (b) and (c) of this appendix, this appendix applies to any person who conducts a flight through U.S.-controlled airspace that does not include a landing or takeoff in the United States. U.S.-controlled a
43、irspace is defined as all U.S. airspace either directly owned by the United States or allocated to the United States by the International Civil Aviation Organization (ICAO) or by other countries. This is further defined, for this VerDate Mar2010 08:29 Feb 24, 2011 Jkt 223045 PO 00000 Frm 00860 Fmt 8
44、010 Sfmt 8002 Y:SGML223045.XXX 223045ER19AP95.000WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-851 Federal Aviation Administration, DOT Pt. 187, App. C section only, as Enroute and Oceanic air-space. Enroute
45、airspace is defined, for this section only, as airspace where primarily radar-based air traffic services are provided. Oceanic airspace is defined, for this section only, as airspace where primarily procedural air traffic services are provided. (b) Governmental flights. This appendix does not apply
46、to any military or civilian flight operated by the United States Government or by any foreign government. (c) Canada-to-Canada flights. This appendix will not apply to any operator of a flight that takes off and lands in Canada, without an intermediate stop outside Canada, that operates in U.S.-cont
47、rolled airspace. (d) Services. Persons covered by paragraph (a) of this appendix must pay a fee for the FAAs rendering or providing certain serv-ices, including but not limited to the fol-lowing: (1) Air traffic management. (2) Communications. (3) Navigation. (4) Radar surveillance, including separa
48、-tion services. (5) Flight information services. (6) Procedural control. (7) Emergency services and training. (e) Methodology for the computation of fees. (1) For the services listed in paragraph (d) of this appendix, the fee is computed based on the distance flown in either enroute or oce-anic airs
49、pace (U.S.-controlled airspace.) Dis-tance flown is based on the great circle dis-tance (GCD) for the point of entry and the point of exit of U.S.-controlled airspace based on FAA flight data. Fees are assessed using the methodology presented in para-graph (e)(2) of this appendix. Where actual entry and exit points are not available, the best available FAA flight data will be used to calculate the entry and exit points. (2) A
