49 U.S.C. § 45303 — Administrative provisions

Page 1530 TITLE 49—TRANSPORTATION § 45303 HISTORICAL AND REVISION NOTES—CONTINUED PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 45302(b), (c) 49 App.:1354(f)(1)–(3). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 313(f); added Nov. 18, 1988, Pub. L. 100–690, § 7207(c)(1), 102 Stat. 4427. 45302(d) ...... 49 App.:1354(f)(4). In subsection (b), before clause (1), the text of 49 App.:1354(f)(3) is omitted as obsolete because the final regulations are effective. The word ‘‘impose’’ is sub- stituted for ‘‘establish and collect’’ for consistency. In subsection (d), the words ‘‘Money collected from fees imposed’’ are substituted for ‘‘The amount of fees collected’’ for clarity and consistency. PUB. L. 103–429 This amends 49:45302 because the final regulations are not yet effective. Editorial Notes AMENDMENTS 2018—Subsecs. (d), (e)(1). Pub. L. 115–254 substituted ‘‘44703(g)(2)’’ for ‘‘44703(f)(2)’’. 2012—Subsec. (e). Pub. L. 112–95 designated existing provisions as par. (1), inserted heading, and added par. (2). 1994—Subsec. (e). Pub. L. 103–429 added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title. INSPECTOR GENERAL AUDIT Pub. L. 100–690, title VII, § 7207(c)(4), Nov. 18, 1988, 102 Stat. 4428, as amended by Pub. L. 104–66, title II, § 2041, Dec. 21, 1995, 109 Stat. 728, provided that: ‘‘During the 5-year period beginning after the date on which fees are first collected under section 313(f) of the Federal Avia- tion Act of 1958 [see subsec. (b) of this section], the De- partment of Transportation Inspector General shall conduct an annual audit of the collection and use of such fees for the purpose of ensuring that such fees do not exceed the costs for which they are collected and submit to Congress a report on the results of such audit.’’ [For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 30th item on page 4 identifies a reporting provision which, as subse- quently amended, is contained in section 7207(c)(4) of Pub. L. 100–690, set out as a note above), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.] § 45303. Administrative provisions (a) FEES PAYABLE TO ADMINISTRATOR.—All fees imposed and amounts collected under this chap- ter for services performed, or materials fur- nished, by the Federal Aviation Administration are payable to the Administrator of the Federal Aviation Administration. (b) REFUNDS.—The Administrator may refund any fee paid by mistake or any amount paid in excess of that required. (c) RECEIPTS CREDITED TO ACCOUNT.—Notwith- standing section 3302 of title 31, all fees and amounts collected by the Administration, ex- cept insurance premiums and other fees charged for the provision of insurance and deposited in the Aviation Insurance Revolving Fund and in- terest earned on investments of such Fund, and except amounts which on September 30, 1996, are required to be credited to the general fund of the Treasury (whether imposed under this section or not)— (1) shall be credited to a separate account es- tablished in the Treasury and made available for Administration activities; (2) shall be available immediately for ex- penditure but only for congressionally author- ized and intended purposes; and (3) shall remain available until expended. (d) ANNUAL BUDGET REPORT BY ADMINIS- TRATOR.—The Administrator shall, on the same day each year as the President submits the an- nual budget to Congress, provide to the Com- mittee on Commerce, Science, and Transpor- tation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives— (1) a list of fee collections by the Adminis- tration during the preceding fiscal year; (2) a list of activities by the Administration during the preceding fiscal year that were sup- ported by fee expenditures and appropriations; (3) budget plans for significant programs, projects, and activities of the Administration, including out-year funding estimates; (4) any proposed disposition of surplus fees by the Administration; and (5) such other information as those commit- tees consider necessary. (e) DEVELOPMENT OF COST ACCOUNTING SYS- TEM.—The Administration shall develop a cost accounting system that adequately and accu- rately reflects the investments, operating and overhead costs, revenues, and other financial measurement and reporting aspects of its oper- ations. (f) COMPENSATION TO CARRIERS FOR ACTING AS COLLECTION AGENTS.—The Administration shall prescribe regulations to ensure that any air car- rier required, pursuant to the Air Traffic Man- agement System Performance Improvement Act of 1996 or any amendments made by that Act, to collect a fee imposed on another party by the Administrator may collect from such other party an additional uniform amount that the Administrator determines reflects the necessary and reasonable expenses (net of interest accru- ing to the carrier after collection and before re- mittance) incurred in collecting and handling the fee. (g) DATA TRANSPARENCY.— (1) AIR TRAFFIC SERVICES INITIAL DATA RE- PORT.— (A) INITIAL REPORT.—Not later than 6 months after the date of enactment of the FAA Reauthorization Act of 2018, the Ad- ministrator and the Chief Operating Officer of the Air Traffic Organization shall, based upon the most recently available full fiscal year data, complete the following calcula- tions for each segment of air traffic services users: (i) The total costs allocable to the use of air traffic services for that segment during such fiscal year. Page 1531 TITLE 49—TRANSPORTATION § 45303 (ii) The total revenues received from that segment during such fiscal year. (B) VALIDATION OF MODEL.— (i) REVIEW AND DETERMINATION.—Not later than 3 months after completion of the initial report required under subpara- graph (A), the inspector general of the De- partment of Transportation shall review and determine the validity of the model used by the Administrator and the Chief Operating Officer to complete the calcula- tions required under subparagraph (A). (ii) VALIDATION PROCESS.—In the event that the inspector general determines that the model used by the Administrator and the Chief Operating Officer to complete the calculations required by subparagraph (A) is not valid— (I) the inspector general shall provide the Administrator and Chief Operating Officer recommendations on how to re- vise the model; (II) the Administrator and the Chief Operating Officer shall complete the cal- culations required by subparagraph (A) utilizing the revised model and resubmit the revised initial report required under subparagraph (A) to the inspector gen- eral; and (III) not later than 3 months after com- pletion of the revised initial report re- quired under subparagraph (A), the in- spector general shall review and deter- mine the validity of the revised model used by the Administrator and the Chief Operating Officer to complete the cal- culations required by subparagraph (A). (iii) ACCESS TO DATA.—The Adminis- trator and the Chief Operating Officer shall provide the inspector general of the Department of Transportation with unfet- tered access to all data produced by the cost accounting system operated and maintained pursuant to subsection (e). (C) REPORT TO CONGRESS.—Not later than 60 days after completion of the review and receiving a determination that the model used is valid under subparagraph (B), the Ad- ministrator and the Chief Operating Officer shall submit to the Committee on Transpor- tation and Infrastructure, the Committee on Appropriations, and the Committee on Ways and Means of the House of Representatives, and the Committee on Commerce, Science, and Transportation, the Committee on Ap- propriations, and the Committee on Finance of the Senate a report describing the results of the calculations completed under subpara- graph (A). (D) PUBLICATION.—Not later than 60 days after submission of the report required under subparagraph (C), the Administrator and Chief Operating Officer shall publish the initial report, including any revision thereto if required as a result of the validation proc- ess for the model. (2) AIR TRAFFIC SERVICES BIENNIAL DATA RE- PORTING.— (A) BIENNIAL DATA REPORTING.—Not later than March 31, 2019, and biennially there- after for 14 years, the Administrator and the Chief Operating Officer shall, using the vali- dated model, complete the following calcula- tions for each segment of air traffic services users for the most recent full fiscal year: (i) The total costs allocable to the use of the air traffic services for that segment. (ii) The total revenues received from that segment. (B) REPORT TO CONGRESS.—Not later than 15 days after completing the calculations under subparagraph (A), the Administrator and the Chief Operating Officer shall com- plete and submit to the Committee on Transportation and Infrastructure, the Com- mittee on Appropriations, and the Com- mittee on Ways and Means of the House of Representatives, and the Committee on Commerce, Science, and Transportation, the Committee on Appropriations, and the Com- mittee on Finance of the Senate a report containing the results of such calculations. (C) PUBLICATION.—Not later than 60 days after completing the calculations pursuant to subparagraph (A), the Administrator and the Chief Operating Officer shall publish the results of such calculations. (3) SEGMENTS OF AIR TRAFFIC SERVICES USERS.— (A) IN GENERAL.—For purposes of this sub- section, each of the following shall con- stitute a separate segment of air traffic services users: (i) Passenger air carriers conducting op- erations under part 121 of title 14, Code of Federal Regulations. (ii) All-cargo air carriers conducting op- erations under part 121 of such title. (iii) Operators covered by part 125 of such title. (iv) Air carriers and operators of piston- engine aircraft operating under part 135 of such title. (v) Air carriers and operators of turbine- engine aircraft operating under part 135 of such title. (vi) Foreign air carriers providing pas- senger air transportation. (vii) Foreign air carriers providing all- cargo air transportation. (viii) Operators of turbine-engine air- craft operating under part 91 of such title, excluding those operating under subpart (K) of such part. (ix) Operators of piston-engine aircraft operating under part 91 of such title, ex- cluding those operating under subpart (K) of such part. (x) Operators covered by subpart (K) of part 91 of such title. (xi) Operators covered by part 133 of such title. (xii) Operators covered by part 136 of such title. (xiii) Operators covered by part 137 of such title. (xiv) Operators of public aircraft that qualify under section 40125. (xv) Operators of aircraft that neither take off from, nor land in, the United States. Page 1532 TITLE 49—TRANSPORTATION § 45304 (B) ADDITIONAL SEGMENTS.—The Secretary may identify and include additional seg- ments of air traffic users under subpara- graph (A) as revenue and air traffic services cost data become available for that addi- tional segment of air traffic services users. (4) DEFINITIONS.—For purposes of this sub- section: (A) AIR TRAFFIC SERVICES.—The term ‘‘air traffic services’’ means services— (i) used for the monitoring, directing, control, and guidance of aircraft or flows of aircraft and for the safe conduct of flight, including communications, naviga- tion, and surveillance services and provi- sion of aeronautical information; and (ii) provided directly, or contracted for, by the Federal Aviation Administration. (B) AIR TRAFFIC SERVICES USER.—The term ‘‘air traffic services user’’ means any indi- vidual or entity using air traffic services provided directly, or contracted for, by the Federal Aviation Administration within United States airspace or international air- space delegated to the United States. (Added Pub. L. 104–264, title II, § 276(a)(2), Oct. 9, 1996, 110 Stat. 3247; amended Pub. L. 115–254, div. B, title V, § 519, Oct. 5, 2018, 132 Stat. 3359; Pub. L. 118–63, title VI, § 607, May 16, 2024, 138 Stat. 1225.) Editorial Notes REFERENCES IN TEXT The Air Traffic Management System Performance Improvement Act of 1996, referred to in subsec. (f), is title II of Pub. L. 104–264, Oct. 9, 1996, 110 Stat. 3227. For complete classification of this Act to the Code, see Short Title of 1996 Amendment note set out under sec- tion 40101 of this title and Tables. The date of enactment of the FAA Reauthorization Act of 2018, referred to in subsec. (g)(1)(A), is the date of enactment of Pub. L. 115–254, which was approved Oct. 5, 2018. PRIOR PROVISIONS A prior section 45303 was renumbered section 45304 of this title. AMENDMENTS 2024—Subsec. (g)(2)(A). Pub. L. 118–63 substituted ‘‘14 years’’ for ‘‘8 years’’ in introductory provisions. 2018—Subsec. (g). Pub. L. 115–254 added subsec. (g). Statutory Notes and Related Subsidiaries 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. § 45304. Maximum fees for private person serv- ices The Administrator of the Federal Aviation Administration may establish maximum fees that private persons may charge for services performed under a delegation to the person under section 44702(d) of this title. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1225, § 45303; renumbered § 45304, Pub. L. 104–264, title II, § 276(a)(1), Oct. 9, 1996, 110 Stat. 3247.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 45303 .......... 49 App.:1355(a) (last sentence related to fees). Aug. 23, 1958, Pub. L. 85–726, § 314(a) (last sentence re- lated to fees), 72 Stat. 754. 49 App.:1655(c)(1). Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444. In this section, the word ‘‘Administrator’’ in section 314(a) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 754) is retained on authority of 49:106(g). The words ‘‘services performed under a delegation to the person under section 44702(d) of this title’’ are sub- stituted for ‘‘their services’’ because of the restate- ment. § 45305. Registration, certification, and related fees (a) GENERAL AUTHORITY AND FEES.—Subject to subsection (c), the Administrator of the Federal Aviation Administration shall establish and col- lect a fee for each of the following services and activities of the Administration that does not exceed the estimated costs of the service or ac- tivity: (1) Registering an aircraft. (2) Reregistering, replacing, or renewing an aircraft registration certificate. (3) Issuing an original dealer’s aircraft reg- istration certificate. (4) Issuing an additional dealer’s aircraft registration certificate (other than the origi- nal). (5) Issuing a special registration number. (6) Issuing a renewal of a special registration number reservation. (7) Recording a security interest in an air- craft or aircraft part. (8) Issuing an airman certificate. (9) Issuing a replacement airman certificate. (10) Issuing an airman medical certificate. (11) Providing a legal opinion pertaining to aircraft registration or recordation. (b) CERTIFICATION SERVICES.—Subject to sub- section (c), and notwithstanding section 45301(a), the Administrator may establish and collect a fee from a foreign government or entity for serv- ices related to certification, regardless of where the services are provided, if the fee— (1) is established and collected in a manner consistent with aviation safety agreements; and (2) does not exceed the estimated costs of the services. (c) LIMITATION ON COLLECTION.—No fee may be collected under this section unless the expendi- ture of the fee to pay the costs of activities and services for which the fee is imposed is provided for in advance in an appropriations Act. (d) FEES CREDITED AS OFFSETTING COLLEC- TIONS.— (1) IN GENERAL.—Notwithstanding section 3302 of title 31, any fee authorized to be col- lected under this section shall—