TITLE 49 - US CODE - CHAPTER 453 - FEES

49 USC 45301 - General provisions

(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 Administrations 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.
[1] So in original. Probably should be capitalized.
[2] So in original. Probably should not be capitalized.

49 USC 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 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 airmans 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.
[1] See References in Text note below.

49 USC 45303 - Administrative provisions

(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.

49 USC 45304 - Maximum fees for private person services

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.