49 U.S.C. § 45305 — Registration, certification, and related fees
submitted 14 years ago by Pub. L. 112-95 to r/title-49-TRANSPORTATION · 415 words · no verdicts yet
The FAA must charge fees, capped at its actual cost, for services like aircraft registration, airman certificates, and recording security interests, and may similarly charge foreign governments for certification services under international safety agreements. These fees can only be spent if Congress has approved that spending in advance, and the money stays in a dedicated account until used. The FAA must adjust a fee if it later learns the real cost was higher or lower.
(a) Fees for listed services. The FAA Administrator must set and collect a fee, no higher than the estimated cost, for: registering an aircraft (1); reregistering, replacing, or renewing a registration certificate (2); issuing an original or additional dealer's registration certificate (3, 4); issuing or renewing a special registration number (5, 6); recording a security interest in an aircraft or part (7); issuing an airman certificate, a replacement one, or a medical certificate (8, 9, 10); and giving a legal opinion on aircraft registration (11).
(b) Certification services for foreign entities. The Administrator may also charge a foreign government or entity for certification-related services, wherever performed, as long as the fee follows aviation safety agreements and does not exceed the estimated cost.
(c) Spending limit. No fee collected under this section may be spent unless Congress has already approved that spending in an appropriations law.
(d) Where the money goes. Fees are credited to the account funding the relevant activity (A), spent only on that activity, including the cost of collecting the fee itself (B), and stay available until spent (C). The Administrator may keep collecting and spending these fees even during a stopgap continuing-appropriations period. The Administrator must adjust a fee if the actual cost of the service turns out to be higher or lower than expected.
Subject to subsection (c), the Administrator of the Federal Aviation Administration shall establish and collect a fee for each of the following services and activities of the Administration that does not exceed the estimated costs of the service or activity:
Registering an aircraft.
Reregistering, replacing, or renewing an aircraft registration certificate.
Issuing an original dealer’s aircraft registration certificate.
Issuing an additional dealer’s aircraft registration certificate (other than the original).
Issuing a special registration number.
Issuing a renewal of a special registration number reservation.
Recording a security interest in an aircraft or aircraft part.
Issuing an airman certificate.
Issuing a replacement airman certificate.
Issuing an airman medical certificate.
Providing a legal opinion pertaining to aircraft registration or recordation.
Subject to subsection (c), and notwithstanding section 45301(a), the Administrator may establish and collect a fee from a foreign government or entity for services related to certification, regardless of where the services are provided, if the fee—
is established and collected in a manner consistent with aviation safety agreements; and
does not exceed the estimated costs of the services.
No fee may be collected under this section unless the expenditure 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.
Notwithstanding section 3302 of title 31, any fee authorized to be collected under this section shall—
be credited as offsetting collections to the account that finances the activities and services for which the fee is imposed;
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
remain available until expended.
The Administrator 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 appropriations in lieu of the Administration’s regular appropriations.
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 indicated by the cost data used to establish such fee.
Source credit: (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.)
- 2012Enacted · Pub. L. 112-95 · 126 Stat. 19
- 2018Amended · Pub. L. 115-254 · 132 Stat. 3260
A history note hasn’t been published yet. The record shows enactment by Pub. L. 112-95 on 2012-02-14.
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