Pt. 189

14 CFR Ch. I (1-1-19 Edition)

(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, written 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 difference 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 periodically and adjusted either upward or downward 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 published in the FEDERAL REGISTER.
(2) Notice of any change to the methodology in this Appendix and other changes for
the fees will be published in the FEDERAL
REGISTER.
[Doc. No. 28967, 62 FR 55703, Oct. 27, 1997]

PART 189 - USE OF FEDERAL AVIATION ADMINISTRATION COMMUNICATIONS SYSTEM
Sec.
189.1
189.3
189.5

Scope.
Kinds of messages accepted or relayed.
Limitation of liability.

AUTHORITY: 31 U.S.C. 9701; 49 U.S.C. 106(g),
40104, 40113, 44502, 45303.
SOURCE: Docket No. 27778, 60 FR 39615, Aug.
2, 1995, unless otherwise noted.

Section 189.1 Scope.
This part describes the kinds of messages that may be transmitted or relayed by FAA Flight Service Stations.
Section 189.3 Kinds of messages accepted or
relayed.
(a) Flight Service Stations may accept for transmission over FAA communication systems any messages concerning international or overseas aircraft operations described in paragraphs (a) (1) through (6) of this section. In addition, Flight Service Stations may relay any message described
in this section that was originally accepted 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 concerning - 
(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 cancellation; and
(H) Messages concerning delayed departure;
(ii) Position reports from aircraft;
(iii) Messages originated by an aircraft operating agency of immediate
concern to an aircraft in flight or
about to depart; and
(iv) Meteorological advice of immediate concern to an aircraft in flight or
about to depart.
(4) Meteorological messages concerning - 
(i) Meteorological forecasts;
(ii) Meteorological observations exclusively; or
(iii) Other meteorological information exchanged between meteorological
offices.
(5) Aeronautical administrative messages - 
(i) Concerning the operation or maintenance of facilities essential to the
safety or regulatory of aircraft operation;
(ii) Essential to efficient functioning
of aeronautical telecommunications; or
(iii) Between civil aviation authorities concerning aircraft operation.
(6) Notices to airmen.
(b) The following messages may only
be relayed through the FAA communications systems:
(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 information required for weight and balance

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