49 U.S.C. § 45306 — Manual surcharge

Page 1533 TITLE 49—TRANSPORTATION § 46101 (A) be credited as offsetting collections to the account that finances the activities and services for which the fee is imposed; (B) be available for expenditure only to pay the costs of activities and services for which the fee is imposed, including all costs associated with collecting the fee; and (C) remain available until expended. (2) CONTINUING APPROPRIATIONS.—The Ad- ministrator may continue to assess, collect, and spend fees established under this section during any period in which the funding for the Federal Aviation Administration is provided under an Act providing continuing appropria- tions in lieu of the Administration’s regular appropriations. (3) ADJUSTMENTS.—The Administrator shall adjust a fee established under subsection (a) for a service or activity if the Administrator determines that the actual cost of the service or activity is higher or lower than was indi- cated by the cost data used to establish such fee. (Added Pub. L. 112–95, title I, § 122(a), Feb. 14, 2012, 126 Stat. 19; amended Pub. L. 115–254, div. B, title II, § 244, Oct. 5, 2018, 132 Stat. 3260.) Editorial Notes AMENDMENTS 2018—Subsec. (a). Pub. L. 115–254, § 244(1), substituted ‘‘Subject to subsection (c)’’ for ‘‘Subject to subsection (b)’’ in introductory provisions. Subsecs. (b) to (d). Pub. L. 115–254, § 244(2), (3), added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively. § 45306. Manual surcharge (a) IN GENERAL.—Not later 3 years after the date of enactment of the FAA Reauthorization Act of 2018, the Administrator shall impose and collect a surcharge on a Civil Aviation Registry transaction that— (1) is conducted in person at the Civil Avia- tion Registry; (2) could be conducted, as determined by the Administrator, with the same or greater level of efficiency by electronic or other remote means; and (3) is not related to research or other non- commercial activities. (b) MAXIMUM SURCHARGE.—A surcharge im- posed and collected under subsection (a) shall not exceed twice the maximum fee the Adminis- trator is authorized to charge for the registra- tion of an aircraft, not used to provide air trans- portation, after the transfer of ownership under section 45302(b)(2). (c) CREDIT TO ACCOUNT AND AVAILABILITY.— Monies collected from a surcharge imposed under subsection (a) shall be treated as monies collected under section 45302 and subject to the terms and conditions set forth in section 45302(d). (Added Pub. L. 115–254, div. B, title V, § 546(d), Oct. 5, 2018, 132 Stat. 3376.) Editorial Notes REFERENCES IN TEXT The date of enactment of the FAA Reauthorization Act of 2018, referred to in subsec. (a), is the date of en- actment of Pub. L. 115–254, which was approved Oct. 5, 2018. SUBPART IV—ENFORCEMENT AND PENALTIES CHAPTER 461—INVESTIGATIONS AND PROCEEDINGS Sec. 46101. Complaints and investigations. 46102. Proceedings. 46103. Service of notice, process, and actions. 46104. Evidence. 46105. Regulations and orders. 46106. Enforcement by the Department of Transpor- tation. 46107. Enforcement by the Attorney General. 46108. Enforcement of certificate requirements by interested persons. 46109. Joinder and intervention. 46110. Judicial review. 46111. Certificate actions in response to a security threat. Editorial Notes AMENDMENTS 2003—Pub. L. 108–176, title VI, § 601(b), Dec. 12, 2003, 117 Stat. 2563, added item 46111. 2001—Pub. L. 107–71, title I, § 140(b)(8), Nov. 19, 2001, 115 Stat. 641, substituted ‘‘Department of Transpor- tation’’ for ‘‘Secretary of Transportation and Adminis- trator of the Federal Aviation Administration’’ in item 46106. § 46101. Complaints and investigations (a) GENERAL.—(1) A person may file a com- plaint in writing with the Secretary of Trans- portation (or the Administrator of the Transpor- tation Security Administration with respect to security duties and powers designated to be car- ried out by the Administrator of the Transpor- tation Security Administration or the Adminis- trator of the Federal Aviation Administration with respect to aviation safety duties and pow- ers designated to be carried out by the Adminis- trator of the Federal Aviation Administration) about a person violating this part or a require- ment prescribed under this part. Except as pro- vided in subsection (b) of this section, the Sec- retary, Administrator of the Transportation Se- curity Administration, or Administrator of the Federal Aviation Administration shall inves- tigate the complaint if a reasonable ground ap- pears to the Secretary, Administrator of the Transportation Security Administration, or Ad- ministrator of the Federal Aviation Administra- tion for the investigation. (2) On the initiative of the Secretary, Admin- istrator of the Transportation Security Admin- istration, or Administrator of the Federal Avia- tion Administration, as appropriate, the Sec- retary, Administrator of the Transportation Se- curity Administration, or Administrator of the Federal Aviation Administration may conduct an investigation, if a reasonable ground appears to the Secretary, Administrator of the Trans- portation Security Administration, or Adminis- trator of the Federal Aviation Administration for the investigation, about— (A) a person violating this part or a require- ment prescribed under this part; or