§ 185.7 Legal proceedings between private litigants: general rule. An FAA employee may not testify as an expert or opinion witness in any legal proceeding between private litigants, for the following reasons: (a) To conserve the time of employees for conducting official business. (b) To minimize the possibility of criticism against the FAA in cases where its employees participate in controversial issues. (c) To avoid spending the time and money of the United States for private purposes. Private litigants are expected to obtain their expert witnesses from private sources. § 185.9 Legal proceedings between private litigants: subpoenas. (a) Whenever, in a legal proceeding between private litigants, an FAA employee has been properly served with a subpoena, he shall appear at the time and place specified in it. He shall immediately report the service to the General Counsel, the appropriate Regional Counsel, or the Chief Counsel of the Aeronautical Center, who shall determine whether the employee is required to comply and shall provide legal representation for the employee. (b) Whenever an employee's compliance with a subpoena would seriously affect the performance of official duties, or require producing FAA documents or files the release of which is prohibited by standard Agency practices, the General Counsel, the appropriate Regional Counsel, or the Chief Counsel of the Aeronautical Center, shall attempt to have the subpoena withdrawn or modified. § 185.11 Legal proceedings between private litigants: factual testimony. (a) An FAA employee who has been properly subpoenaed in a legal proceeding between private litigants shall testify as to facts within his personal knowledge, even if the facts are embodied in a report that he is not permitted to produce. However, he must obtain the permission of the General Counsel, the appropriate Regional Counsel, or the Chief Counsel of the Aeronautical Center, before disclosing any information that is restricted by statute or that would violate an FAA regulation. (b) An employee who gives factual testimony shall avoid any statements of opinion. § 185.15 Legal proceedings between private litigants: disclosure of FAA documents and files. (a) It is the policy of the Administrator to make factual information in the possession of the FAA available to persons who are properly and directly concerned, based on the principle that the FAA exists to serve the public and that a free sharing of information within the government of the United States and with the public is usually in the public interest. For these reasons, an FAA employee may release information, documents, and records, as authorized by standard Agency practices, to other agencies of the United States and to the general public. (b) Information, documents, and records are in the custody of FAA employees only for purposes relating to the performance of their official duties. Such an employee has no authority or discretion to permit their use for any other purpose. Except for documents or files, the release of which is authorized by standard Agency practices, no FAA employee may release FAA information, documents, or records or produce them in a court, whether in answer to a subpoena ordering that they be produced, or otherwise. (c) An FAA employee may not produce an FAA document or record in court except upon a clearance from the General Counsel, the appropriate Regional Counsel, or the Chief Counsel of the Aeronautical Center. If an employee receives a subpoena or request to produce such a document or record, he shall refer it to the General Counsel or Regional Counsel, as appropriate. If the request or subpoena calls for producing documents the release of which is authorized by standard Agency practices, the General Counsel, the appropriate Regional Counsel, or the Chief Counsel of the Aeronautical Center, shall honor it. (d) If an FAA employee is served with a subpoena calling for producing FAA documents or records the release of which is restricted by statute or FAA regulation, the General Counsel, the appropriate Regional Counsel, or the Chief Counsel of the Aeronautical Center, shall attempt to have the subpoena withdrawn or vacated. If this cannot be done, the employee shall appear at the time and place specified in the subpoena, accompanied by a representative of the Office of the General Counsel, appropriate Regional Counsel or Chief Counsel of the Aeronautical Center, or by a Department of Justice attorney, as appropriate, and explain to the court that FAA regulations prohibit him from producing the documents or records, whether in answer to a subpoena or otherwise. (e) If an FAA employee who follows the procedure set forth in paragraph (d) of this section is ordered to show cause why he should not be cited for contempt of court, the General Counsel, appropriate Regional Counsel, or Chief Counsel of the Aeronautical Center, as appropriate, shall request the local United States Attorney to represent the employee. The Regional Counsel or the Chief Counsel, Aeronautical Center, whichever is concerned, shall report immediately to the General Counsel whenever he learns of such a case. The General Counsel shall then request the necessary cooperation of the Department of Justice in Washington, D.C. [Doc. No. 1151, 27 F.R. 4953, May 26, 1962, as amended by Amdt. 185-1, 28 F.R. 13743, Dec. 17, 1963] § 185.17 Acceptance of service on behalf of Administrator. Legal process or pleadings in judicial and administrative proceedings, including proceedings before the Civil Aeronautics Board and Federal Aviation Agency proceedings, may be served, at the option of the server, on the General Counsel, Deputy General Counsel, or Associate General Counsel, Litigation Division, of the FAA, with the same effect as if served upon the Administrator. Such an official accepts and acknowledges service and takes further action thereon as appropriate. PART 187-FEES FOR COPYING AND CERTIFYING FEDERAL AVIATION AGENCY RECORDS Sec. 187.1 Scope. 187.3 187.5 Copying and search of records. 187.7 Payment of fees. AUTHORITY: The provisions of this Part 187 issued under sec. 301 (c), 305, 307(b), 313(a), and 314, 72 Stat. 744; 49 U.S.C. 1341 (c), 1346, 1348(b), 1354 (a), 1355, and 1401, and sec. 501, 65 Stat. 290; 5 U.S.C. 140. SOURCE: The provisions of this Part 187 contained in Docket No. 1151, 27 F.R. 4954, May 26, 1962, unless otherwise noted. § 187.1 Scope. [Doc. No. 1151, 27 F.R. 4953, May 26, 1962, as amended by Amdt. 185–1, 28 F.R. 13743, Dec. 17, 1963] aircraft operations, described in subparagraphs (1) through (8) of this paragraph. Other FAA Flight Service Stations accept for transmission only messages described in subparagraphs (1) through (6) of this paragraph, 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; (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 nonUnited States communication facilities are not available and the messages concern (i) Matter described in subparagraph (7) of this paragraph, 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 paragraph (a) (1) through (7) of this section are given priority over the messages described in paragraph (a) (8) of this section. § 189.5 Charges for messages. (a) The messages described in § 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 § 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 mesage 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 Assistant Administrator of the area 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. 199.735-21 199.735-23 199.735-25 199.735-27 199.735-29 199.735-31 199.735-33 199.735-34 199.735-35 199.735-36 199.735-37 Gifts, entertainment, and favors. Outside employment and other Financial interests. Use of Government property and Misuse of information. Gambling, betting, and lotteries. Canvassing, soliciting, or selling. Use of intoxicants or narcotics. General conduct prejudicial to the Government. 199.735-38 Statutory prohibitions relating to bribery and conflicts of interest. 199.735-39 Miscellaneous statutory provisions. Subpart C-Agency Regulations Governing Ethi- Use of Government employment. Gifts, entertainment, and favors. Subpart D-Agency Regulations Governing Statements of Employment and Financial Interests 199.735-51 Employees required to submit statements. 199.735-53 Employees not required to submit statements. 199.735-55 Time and place for submission of employees' statements. Sec. 199.735-57 Supplementary statements. 199.735-59 Interests of employees' relatives. 199.735-61 Information not known by employee. 199.735-63 Information not required. 199.735-65 Confidentiality of employees' statements. 199.735-67 Effect of employees' statements on other requirements. 199.735-69 Specific regulations for special Government employees. Appendix-Conflict of Interest Prohibitions Imposed by Statute. AUTHORITY: The provisions of this Part 199 issued under sec. 313(a), 72 Stat. 752; 49 U.S.C. 1354; E.O. 11222 (30 F.R. 6469); 5 CFR Part 735 (30 F.R. 12529). SOURCE: The provisions of this Part 199 contained in Docket No. 7245, 31 F.R. 5104, Mar. 29, 1966, unless otherwise noted. Subpart A-General $199.735-1 (a) "FAA" means the Federal Aviation Agency. (b) "Employee" means an individual who is an officer or employee of the FAA, but does not include a special Government employee or a member of the uniformed services. (c) "Executive order" means Executive Order 11222 of May 8, 1965. (d) "Person" means an individual, a corporation, a company, an association, a firm, a partnership, a society, a joint stock company, or any other organization or institution. (e) "Special Government employee" means a "special Government employee" as defined in section 202 of Title 18 of the United States Code, who is employed by the FAA. (f) "Member of the uniformed services" means a member of the "uniformed services" as defined in section 101(3) of Title 37 of the United States Code, who is appointed, assigned, or detailed to the FAA pursuant to section 302 of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1342, 1343). § 199.735-5 Applicability. This part applies to each employee and special Government employee of the FAA. § 199.735-7 Interpretation and advisory service. (a) The General Counsel of the FAA is designated FAA Counselor and serves as the Agency's designee to the Civil Service Commission on matters covered by this part and Part 735 of Chapter I of Title 5 of the Code of Federal Regulations. The FAA Counselor is responsible for coordination of the FAA's counseling services provided under paragraph (b) of this section and for assuring that counseling and interpretations on questions of conflicts of interest and other matters covered by this part and Part 735 of Chapter I of Title 5 of the Code of Federal Regulations are available to deputy counselors designated under paragraph (b) of this section. (b) The following are designated Deputy Counselors for the purpose of providing authoritative counseling and interpretations to employees and special Government employees who request advice and guidance on questions of conflicts of interest and on other matters of legal import covered by this part (1) The Deputy General Counsel, (2) The Associate General Counsel, General Legal Services Division, Office of the General Counsel, (3) The Regional Counsel and Area Counsel in each Region, as appropriate, and (4) The Aeronautical Center Counsel, and the NAFEC Counsel at the National Aviation Facilities Experimental Center (NAFEC). (c) Counseling on other matters covered by this part will be provided by personnel specifically designated by Region and Center Directors and the Manager, Office of Headquarters Operations in accordance with procedures provided by the Associate Administrator for Personnel and Training. § 199.735-9 Review of statements. (a) Statements of employment and financial interests submitted in accordance with § 199.735-55 or § 199.735-69 shall be reviewed by the designated receiving official, in consultation with the FAA Counselor or a Deputy Counselor, as appropriate. |