PART 189--USE OF FEDERAL AVIATION ADMINISTRATION COMMUNICATIONS SYSTEM Sec. 189.1 Scope. 189.3 Kinds of messages accepted. 189.5 Charges for messages. 189.7 Limitation of liability. Authority: Secs. 301(c), 305, 307(b), 313(a), and 314, 72 Stat. 744; 49 U.S.C. 1341(c), 1346, 1348(b), 1354(a), and 1355, and sec. 501, 65 Stat. 290; 31 U.S.C. 483a. Source: Docket No. 1151, 27 FR 4954, May 26, 1962, unless otherwise noted. Sec. 189.1 Scope. This part describes the kinds of messages that may be transmitted by FAA communications stations and prescribes the charges therefor. Sec. 189.3 Kinds of messages accepted. (a) FAA International Flight Service Stations or FAA Flight Service Stations located outside of the 48 contiguous States and the District of Columbia accept for transmission any messages, concerning international or overseas aircraft operations, described in paragraphs (a) (1) through (8) of this section. Other FAA Flight Service Stations accept for transmission only messages described in paragraphs (a) (1) through (6) of this section, but relay any message described in this section that was originally accepted for transmission at an FAA Flight Service Station outside of the 48 contiguous States and the District of Columbia, or was received from a foreign station of the integrated international aeronautical network, and that in normal routing would require transit of the 48 contiguous States and the District of Columbia 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 regularity of aircraft operation; (ii) Essential to efficient functioning of aeronautical telecommunications; or (iii) Between civil aviation authorities concerning aircraft operation. (6) Notices to airmen. (7) 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 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 aircraft en route or scheduled to depart within 48 hours; (iv) Concerning changes in the collective 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 urgently needed to operate aircraft en route or scheduled to depart within 48 hours; or (vii) Concerning pre-flight arrangement of air navigation services and, in the case of non-scheduled or irregular operations, operational servicing of aircraft scheduled to depart within 48 hours. (8) Messages originated by and addressed to aircraft operating agencies or their representatives that directly bear on the efficient and economic conduct or day to day operations, if adequate non-United States communication facilities are not available and the messages concern-- (i) Matter described in paragraph (a)(7) of this section, but not meeting the time limitations described therein. (ii) Aircraft parts, equipment, or supplies, air navigation or communications, 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 therefor; (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 purposes; (x) Publicity and special handling regarding dignitaries; or (xi) Reservations, when originated by aircraft operating agencies to secure space required in transport aircraft. (b) The messages described in paragraphs (a) (1) through (7) of this section are given priority over the messages described in paragraph (a)(8) of this section. Sec. 189.5 Charges for messages. (a) The messages described in Sec. 189.3(a) (1) through (7) are transmitted without charge. (b) The charge for a message that, in whole or in part, contains matters described in Sec. 189.3(a)(8), is 25 cents for each ten words, or part thereof, of text and signature, plus applicable taxes, for each addressee. (c) Whenever the refiling of a message with a non-FAA communications facility is necessary, the refiling is made on a "collect" basis at no cost to, or assumption of liability by, the FAA. The cost of local telecommunications facilities used for the acceptance or delivery of a message must be paid by the user. (d) Charges must be paid in United States currency to the FAA official in charge of the communications station first receiving the message, or to any other designated FAA official. However, the Administrator of the region in which the FAA communications station first transmitting or receiving the message is located may make advance arrangements for deferred payment of charges on a periodic basis or in any specific case where advance payment is not practicable. [Doc. No. 1151, 27 FR 4954, May 26, 1962, as amended by Amdt. 189-1, 38 FR 9008, Apr. 9, 1973; Amdt. 189-2, 54 FR 39296, Sept. 25, 1989] Sec. 189.7 Limitation of liability. The United States is not liable, beyond the amount of the charge made, for any error or delay, in transmission or delivery, or for non-delivery, of any message accepted for transmission under this part, even if the error, delay, or non-delivery is caused by the negligence of an employee of the United States.