Applicability of overflight fees.
(a) Except as provided in paragraphs (c) or (d) of this section, any person who conducts an overflight through either Enroute or Oceanic airspace must pay a fee as calculated in § 187.53.
(b) Services. Persons covered by paragraph (a) of this section must pay a fee for the FAA's rendering or providing of certain services, including but not limited to the following:
(1) Air traffic management.
(4) Radar surveillance, including separation services.
(5) Flight information services.
(6) Procedural control.
(7) Emergency services and training.
(c) The FAA does not assess a fee for any military or civilian overflight operated by the United States Government or by any foreign government.
(d) Fees for overflights through U.S.-controlled airspace covered by a written FAA agreement or other binding arrangement are charged according to the terms of that agreement or arrangement unless the terms are silent on fees.
[Docket FAA-2015-3597, Amdt. 187-36, 81 FR 85853, Nov. 29, 2016]