-CITE-

49 USC CHAPTER 453 - FEES 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 453 - FEES

-HEAD-

CHAPTER 453 - FEES

-MISC1-

Sec.

45301. General provisions.

45302. Fees involving aircraft not providing air

transportation.

45303. Administrative provisions.

45304. Maximum fees for private person services.

AMENDMENTS

1996 - Pub. L. 104-264, title II, Secs. 273(b), 276(b), Oct. 9,

1996, 110 Stat. 3240, 3248, substituted "General provisions" 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".

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 106 of this title.

-End-

-CITE-

49 USC Sec. 45301 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 453 - FEES

-HEAD-

Sec. 45301. General provisions

-STATUTE-

(a) Schedule of Fees. - The Administrator shall establish 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 government (!1) 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 services 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 manufactured

outside the United States.

(b) Limitations. -

(1) Authorization and impact considerations. - In establishing

fees under subsection (a), the Administrator -

(A) is authorized to recover in fiscal year 1997

$100,000,000; and

(B) shall ensure that each of the fees required by subsection

(a) is reasonably related to the Administration's costs, as

determined by the Administrator, of providing the service

rendered. Services for which costs may be recovered include the

costs of air traffic control, navigation, weather services,

training and emergency services which are available to

facilitate safe transportation over the United States, and

other services provided by the Administrator or by programs

financed by the Administrator to flights that neither take off

nor land in the United States. The Determination (!2) of such

costs by the Administrator is not subject to judicial review.

(2) Publication; comment. - The Administrator shall publish in

the Federal Register an initial fee schedule and associated

collection process as an interim final rule, pursuant to which

public comment will be sought and a final rule issued.

(c) Use of Experts and Consultants. - In developing the system,

the Administrator may consult with such nongovernmental experts as

the Administrator may employ and the Administrator may utilize the

services of experts and consultants under section 3109 of title 5

without regard to the limitation imposed by the last sentence of

section 3109(b) of such title, and may contract on a sole source

basis, notwithstanding any other provision of law to the contrary.

Notwithstanding any other provision of law to the contrary, the

Administrator may retain such experts under a contract awarded on a

basis other than a competitive basis and without regard to any such

provisions requiring competitive bidding or precluding sole source

contract authority.

(d) Production-Certification Related Service Defined. - In this

section, the term "production-certification related service" has

the meaning given that term in appendix C of part 187 of title 14,

Code of Federal Regulations.

-SOURCE-

(Added Pub. L. 104-264, title II, Sec. 273(a), Oct. 9, 1996, 110

Stat. 3239; amended Pub. L. 106-181, title VII, Sec. 719, Apr. 5,

2000, 114 Stat. 163; Pub. L. 107-71, title I, Sec. 119(d), Nov. 19,

2001, 115 Stat. 629.)

-MISC1-

PRIOR PROVISIONS

A prior section 45301, Pub. L. 103-272, Sec. 1(e), July 5, 1994,

108 Stat. 1225; Pub. L. 103-305, title II, Sec. 209, Aug. 23, 1994,

108 Stat. 1589; Pub. L. 104-287, Sec. 5(76), Oct. 11, 1996, 110

Stat. 3396; Pub. L. 105-102, Sec. 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, Secs. 203, 273(a), Oct. 9, 1996, 110

Stat. 3227, 3239, effective 30 days after Oct. 9, 1996.

AMENDMENTS

2001 - Subsec. (b)(1)(B). Pub. L. 107-71 substituted "reasonably"

for "directly" and "Administration's costs, as determined by the

Administrator," for "Administration's costs" and inserted "The

Determination of such costs by the Administrator is not subject to

judicial review." at end.

2000 - Subsec. (a)(2). Pub. L. 106-181, Sec. 719(1), added par.

(2) and struck out former par. (2) which read as follows: "Services

(other than air traffic control services) provided to a foreign

government."

Subsec. (d). Pub. L. 106-181, Sec. 719(2), added subsec. (d).

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-181 applicable only to fiscal 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 Effective Date of

1996 Amendment note under section 106 of this title.

Except as otherwise specifically provided, section applicable

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 41742 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

(!2) So in original. Probably should not be capitalized.

-End-

-CITE-

49 USC Sec. 45302 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 453 - FEES

-HEAD-

Sec. 45302. Fees involving aircraft not providing air

transportation

-STATUTE-

(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 Administration may impose fees to pay for the

costs of issuing airman certificates to pilots and certificates of

registration of aircraft and processing forms for major repairs and

alterations of fuel tanks and fuel systems of aircraft. The

following 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 repair or

alteration of a fuel tank or fuel system of an aircraft.

(c) Adjustments. - The Administrator shall adjust the maximum

fees established by subsection (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 sections 44701-44716 of this title

(except sections 44701(c), 44703(f)(2),(!1) and 44713(d)(2)). The

money is available to the Administrator to pay expenses for which

the fees are collected.

(e) Effective Date. - A fee may not be imposed under this section

before the date on which the regulations prescribed under sections

44111(d), 44703(f)(2),(!1) and 44713(d)(2) of this title take

effect.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1225; Pub. L.

103-429, Sec. 6(59), Oct. 31, 1994, 108 Stat. 4385.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

45302(a) 49 App.:1303 (note). Nov. 18, 1988, Pub. L.

100-690, Sec. 7214, 102

Stat. 4434.

45302(b), 49 Aug. 23, 1958, Pub. L.

(c) App.:1354(f)(1)-(3). 85-726, 72 Stat. 731, Sec.

313(f); added Nov. 18, 1988,

Pub. L. 100-690, Sec.

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 substituted 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.

-REFTEXT-

REFERENCES IN TEXT

Section 44703(f)(2) of this title, referred to in subsecs. (d)

and (e), was redesignated section 44703(g)(2) by Pub. L. 106-181,

title VII, Sec. 715(1), Apr. 5, 2000, 114 Stat. 162.

-MISC2-

AMENDMENTS

1994 - Subsec. (e). Pub. L. 103-429 added subsec. (e).

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, Sec. 7207(c)(4), Nov. 18, 1988, 102

Stat. 4428, as amended by Pub. L. 104-66, title II, Sec. 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 Aviation Act of 1958 [see subsec. (b)

of this section], the Department 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 subsequently 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.]

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

49 USC Sec. 45303 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 453 - FEES

-HEAD-

Sec. 45303. Administrative provisions

-STATUTE-

(a) Fees Payable to Administrator. - All fees imposed and amounts

collected under this chapter for services performed, or materials

furnished, 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. - Notwithstanding section 3302

of title 31, all fees and amounts collected by the Administration,

except insurance premiums and other fees charged for the provision

of insurance and deposited in the Aviation Insurance Revolving Fund

and interest 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 established in the

Treasury and made available for Administration activities;

(2) shall be available immediately for expenditure but only for

congressionally authorized and intended purposes; and

(3) shall remain available until expended.

(d) Annual Budget Report by Administrator. - The Administrator

shall, on the same day each year as the President submits the

annual budget to Congress, provide to the Committee on Commerce,

Science, and Transportation of the Senate and the Committee on

Transportation and Infrastructure of the House of Representatives -

(1) a list of fee collections by the Administration during the

preceding fiscal year;

(2) a list of activities by the Administration during the

preceding fiscal year that were supported 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 committees consider

necessary.

(e) Development of Cost Accounting System. - The Administration

shall develop a cost accounting system that adequately and

accurately reflects the investments, operating and overhead costs,

revenues, and other financial measurement and reporting aspects of

its operations.

(f) Compensation to Carriers for Acting as Collection Agents. -

The Administration shall prescribe regulations to ensure that any

air carrier required, pursuant to the Air Traffic Management 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 accruing to the carrier after collection

and before remittance) incurred in collecting and handling the fee.

-SOURCE-

(Added Pub. L. 104-264, title II, Sec. 276(a)(2), Oct. 9, 1996, 110

Stat. 3247.)

-REFTEXT-

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 section 40101 of this title and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 45303 was renumbered section 45304 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 Effective Date of

1996 Amendment note under section 106 of this title.

Except as otherwise specifically provided, section applicable

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 41742 of this title.

-End-

-CITE-

49 USC Sec. 45304 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 453 - FEES

-HEAD-

Sec. 45304. Maximum fees for private person services

-STATUTE-

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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1225, Sec.

45303; renumbered Sec. 45304, Pub. L. 104-264, title II, Sec.

276(a)(1), Oct. 9, 1996, 110 Stat. 3247.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

45303 49 App.:1355(a) Aug. 23, 1958, Pub. L.

(last sentence 85-726, Sec. 314(a) (last

related to fees). sentence related to fees),

72 Stat. 754.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 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 substituted for "their services" because of the

restatement.

-End-

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49 USC subpart iv - enforcement and penalties 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iv - enforcement and penalties

-HEAD-

SUBPART IV - ENFORCEMENT AND PENALTIES

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in section 40101 of this title.

-End-