49 U.S.C. § 45301 — General provisions

Page 1528 TITLE 49—TRANSPORTATION § 45301 rity Administration’’ for ‘‘Under Secretary of Trans- portation for Security’’. Subsec. (b). Pub. L. 115–254, § 1991(e)(2), struck out at end ‘‘The Under Secretary of Transportation for Secu- rity, the Transportation Security Administration, and employees of the Transportation Security Administra- tion whose duties include responsibility for security- sensitive functions shall be subject to and comply with such provisions in the same manner and to the same extent as the Administrator of the Federal Aviation Administration, the Federal Aviation Administration, and employees of the Federal Aviation Administration whose duties include responsibility for safety-sensitive functions, respectively.’’ CHAPTER 453—FEES Sec. 45301. General provisions. 45302. Fees involving aircraft not providing air transportation. 45303. Administrative provisions. 45304. Maximum fees for private person services. 45305. Registration, certification, and related fees. 45306. Manual surcharge. Editorial Notes AMENDMENTS 2024—Pub. L. 118–63, title XI, § 1101(q), May 16, 2024, 138 Stat. 1414, added item 45306. 2012—Pub. L. 112–95, title I, § 122(b), Feb. 14, 2012, 126 Stat. 20, added item 45305. 1996—Pub. L. 104–264, title II, §§ 273(b), 276(b), Oct. 9, 1996, 110 Stat. 3240, 3248, substituted ‘‘General provi- sions’’ for ‘‘Authority to impose fees’’ in item 45301, added items 45303 and 45304, and struck out former item 45303 ‘‘Maximum fees for private person services’’. § 45301. General provisions (a) SCHEDULE OF FEES.—The Administrator of the Federal Aviation Administration shall es- tablish a schedule of new fees, and a collection process for such fees, for the following services provided by the Administration: (1) Air traffic control and related services provided to aircraft other than military and civilian aircraft of the United States Govern- ment or of a foreign government that neither take off from, nor land in, the United States. (2) Services (other than air traffic control services) provided to a foreign government or services provided to any entity obtaining serv- ices outside the United States, except that the Administrator shall not impose fees in any manner for production-certification related service performed outside the United States pertaining to aeronautical products manufac- tured outside the United States. (b) ESTABLISHMENT AND ADJUSTMENT OF FEES.— (1) IN GENERAL.—In establishing and adjust- ing fees under this section, the Administrator shall ensure that the fees are reasonably re- lated to the Administration’s costs, as deter- mined by the Administrator, of providing the services rendered. (2) SERVICES FOR WHICH COSTS MAY BE RECOV- ERED.—Services for which costs may be recov- ered under this section include the costs of air traffic control, navigation, weather services, training, and emergency services that are available to facilitate safe transportation over the United States and the costs of other serv- ices provided by the Administrator, or by pro- grams financed by the Administrator, to flights that neither take off nor land in the United States. (3) LIMITATIONS ON JUDICIAL REVIEW.—Not- withstanding section 702 of title 5 or any other provision of law, the following actions and other matters shall not be subject to judicial review: (A) The establishment or adjustment of a fee by the Administrator under this section. (B) The validity of a determination of costs by the Administrator under paragraph (1), and the processes and procedures applied by the Administrator when reaching such determination. (C) An allocation of costs by the Adminis- trator under paragraph (1) to services pro- vided, and the processes and procedures ap- plied by the Administrator when estab- lishing such allocation. (4) AIRCRAFT ALTITUDE.—Nothing in this sec- tion shall require the Administrator to take into account aircraft altitude in establishing any fee for aircraft operations in en route or oceanic airspace. (5) COSTS DEFINED.—In this subsection, the term ‘‘costs’’ includes operation and mainte- nance costs, leasing costs, and overhead ex- penses associated with the services provided and the facilities and equipment used in pro- viding such services. (c) USE OF EXPERTS AND CONSULTANTS.—In de- veloping the system, the Administrator may consult with such nongovernmental experts as the Administrator may employ and the Admin- istrator may utilize the services of experts and consultants under section 3109 of title 5 without regard to the limitation imposed by the last sen- tence of section 3109(b) of such title, and may contract on a sole source basis, notwithstanding any other provision of law to the contrary. Not- withstanding any other provision of law to the contrary, the Administrator may retain such ex- perts under a contract awarded on a basis other than a competitive basis and without regard to any such provisions requiring competitive bid- ding or precluding sole source contract author- ity. (d) PRODUCTION-CERTIFICATION RELATED SERV- ICE DEFINED.—In this section, the term ‘‘produc- tion-certification related service’’ has the mean- ing given that term in appendix C of part 187 of title 14, Code of Federal Regulations. (e) ADJUSTMENT OF FEES.—In addition to ad- justments under subsection (b), the Adminis- trator may periodically adjust the fees estab- lished under this section. (Added Pub. L. 104–264, title II, § 273(a), Oct. 9, 1996, 110 Stat. 3239; amended Pub. L. 106–181, title VII, § 719, Apr. 5, 2000, 114 Stat. 163; Pub. L. 107–71, title I, § 119(d), Nov. 19, 2001, 115 Stat. 629; Pub. L. 112–95, title I, § 121, Feb. 14, 2012, 126 Stat. 19; Pub. L. 115–254, div. B, title V, § 539(k), Oct. 5, 2018, 132 Stat. 3371; Pub. L. 118–63, title XI, § 1101(r), May 16, 2024, 138 Stat. 1414.) Editorial Notes PRIOR PROVISIONS A prior section 45301, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1225; Pub. L. 103–305, title II, § 209, Aug. Page 1529 TITLE 49—TRANSPORTATION § 45302 23, 1994, 108 Stat. 1589; Pub. L. 104–287, § 5(76), Oct. 11, 1996, 110 Stat. 3396; Pub. L. 105–102, § 3(d)(1)(C), Nov. 20, 1997, 111 Stat. 2215, related to authority to impose fees, prior to repeal by Pub. L. 104–264, title II, §§ 203, 273(a), Oct. 9, 1996, 110 Stat. 3227, 3239, effective 30 days after Oct. 9, 1996. AMENDMENTS 2024—Subsec. (a). Pub. L. 118–63 substituted ‘‘The Ad- ministrator of the Federal Aviation Administration shall establish’’ for ‘‘The Administrator shall estab- lish’’ in introductory provisions. 2018—Subsec. (a)(1). Pub. L. 115–254 substituted ‘‘United States Government’’ for ‘‘United States gov- ernment’’. 2012—Subsec. (b). Pub. L. 112–95, § 121(a), amended sub- sec. (b) generally. Prior to amendment, subsec. (b) re- lated to limitations on fees. Subsec. (e). Pub. L. 112–95, § 121(b), added subsec. (e). 2001—Subsec. (b)(1)(B). Pub. L. 107–71 substituted ‘‘reasonably’’ for ‘‘directly’’ and ‘‘Administration’s costs, as determined by the Administrator,’’ for ‘‘Ad- ministration’s costs’’ and inserted ‘‘The Determination of such costs by the Administrator is not subject to ju- dicial review.’’ at end. 2000—Subsec. (a)(2). Pub. L. 106–181, § 719(1), added par. (2) and struck out former par. (2) which read as follows: ‘‘Services (other than air traffic control services) pro- vided to a foreign government.’’ Subsec. (d). Pub. L. 106–181, § 719(2), added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–181 applicable only to fis- cal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title. EFFECTIVE DATE Section effective on date that is 30 days after Oct. 9, 1996, see section 203 of Pub. L. 104–264, set out as an Ef- fective Date of 1996 Amendment note under section 106 of this title. Except as otherwise specifically provided, section ap- plicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title. OVERFLIGHT FEES Pub. L. 108–176, title II, § 229, Dec. 12, 2003, 117 Stat. 2532, provided that: ‘‘(a) ADOPTION AND LEGALIZATION OF CERTAIN RULES.— ‘‘(1) APPLICABILITY AND EFFECT OF CERTAIN LAW.— Notwithstanding section 141(d)(1) of the Aviation and Transportation Security Act [Pub. L. 107–71] (49 U.S.C. 44901 note), section 45301(b)(1)(B) of title 49, United States Code, is deemed to apply to and to have effect with respect to the authority of the Adminis- trator of the Federal Aviation Administration with respect to the interim final rule and final rule, relat- ing to overflight fees, issued by the Administrator on May 30, 2000, and August 13, 2001, respectively. ‘‘(2) ADOPTION AND LEGALIZATION.—The interim final rule and final rule referred to in subsection (a), in- cluding the fees issued pursuant to those rules, are adopted, legalized, and confirmed as fully to all in- tents and purposes as if the same had, by prior Act of Congress, been specifically adopted, authorized, and directed as of the date those rules were originally issued. ‘‘(3) FEES TO WHICH APPLICABLE.—This subsection applies to fees assessed after November 19, 2001, and before April 8, 2003, and fees collected after the re- quirements of subsection (b) have been met. ‘‘(b) DEFERRED COLLECTION OF FEES.—The Adminis- trator shall defer collecting fees under section 45301(a)(1) of title 49, United States Code, until the Ad- ministrator (1) reports to Congress responding to the issues raised by the court in Air Transport Association of Canada v. Federal Aviation Administration and Ad- ministrator, FAA, decided on April 8, 2003, and (2) consults with users and other interested parties regard- ing the consistency of the fees established under such section with the international obligations of the United States. ‘‘(c) ENFORCEMENT.—The Administrator shall take an appropriate enforcement action under subtitle VII of title 49, United States Code, against any user that does not pay a fee under section 45301(a)(1) of such title.’’ § 45302. Fees involving aircraft not providing air transportation (a) APPLICATION.—This section applies only to aircraft not used to provide air transportation. (b) GENERAL AUTHORITY AND MAXIMUM FEES.— The Administrator of the Federal Aviation Ad- ministration may impose fees to pay for the costs of issuing airman certificates to pilots and certificates of registration of aircraft and proc- essing forms for major repairs and alterations of fuel tanks and fuel systems of aircraft. The fol- lowing fees may not be more than the amounts specified: (1) $12 for issuing an airman’s certificate to a pilot. (2) $25 for registering an aircraft after the transfer of ownership. (3) $15 for renewing an aircraft registration. (4) $7.50 for processing a form for a major re- pair or alteration of a fuel tank or fuel system of an aircraft. (c) ADJUSTMENTS.—The Administrator shall adjust the maximum fees established by sub- section (b) of this section for changes in the Consumer Price Index of All Urban Consumers published by the Secretary of Labor. (d) CREDIT TO ACCOUNT AND AVAILABILITY.— Money collected from fees imposed under this section shall be credited to the account in the Treasury from which the Administrator incurs expenses in carrying out chapter 441 and sec- tions 44701–44716 of this title (except sections 44701(c), 44703(g)(2), and 44713(d)(2)). The money is available to the Administrator to pay ex- penses for which the fees are collected. (e) EFFECTIVE DATE.— (1) IN GENERAL.—A fee may not be imposed under this section before the date on which the regulations prescribed under sections 44111(d), 44703(g)(2), and 44713(d)(2) of this title take effect. (2) EFFECT OF IMPOSITION OF OTHER FEES.—A fee may not be imposed for a service or activ- ity under this section during any period in which a fee for the same service or activity is imposed under section 45305. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1225; Pub. L. 103–429, § 6(59), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 112–95, title I, § 122(c), Feb. 14, 2012, 126 Stat. 20; Pub. L. 115–254, div. B, title V, § 539(j), Oct. 5, 2018, 132 Stat. 3371.) HISTORICAL AND REVISION NOTES PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 45302(a) ...... 49 App.:1303 (note). Nov. 18, 1988, Pub. L. 100–690, § 7214, 102 Stat. 4434.