§45301. Authority to impose fees

(a) General Authority.-The Secretary of Transportation may impose a fee for an approval, test, authorization, certificate, permit, registration, transfer, or rating related to aviation that has not been approved by Congress only when the fee-

(1)(A) was in effect on January 1, 1973; and

(B) is not more than the fee in effect on January 1, 1973, adjusted in proportion to changes in the Consumer Price Index of All Urban Consumers published by the Secretary of Labor between January 1, 1973, and the date the fee is imposed; or

(2) is imposed under section 45302 of this title.

(b) Nonapplication.-Subsection (a) does not apply to a fee for a test, authorization, certificate, permit, or rating related to an airman or repair station administered or issued outside the United States.

(c) Recovery of Cost of Foreign Aviation Services.-

(1) Establishment of fees.-The Administrator may establish and collect fees for providing or carrying out the following aviation services outside the United States: any test, authorization, certificate, permit, rating, evaluation, approval, inspection, review.

(2) Foreign repair station certification and inspection fees.-The Administrator must establish and collect under this subsection fees for certification and inspection of repair stations outside of the United States.

(3) Level of fees.-Fees shall be established under this subsection as necessary to recover the additional cost of providing or carrying out such services outside the United States, as compared to the cost of providing or carrying out such services within the United States; except that the Administrator may for such services as the Administrator designates (and shall for certification and inspection of repair stations outside the United States) establish fees at a level necessary to recover the full cost of providing such services.

(4) Effect on other authority.-The provisions of this subsection do not limit the Administrator's authority to establish and collect fees under subsection (a).

(5) Crediting of preestablished fees.-Fees described in paragraph (1) that were not established before the date of the enactment of this subsection may be credited in accordance with section 45302(d).

( Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1225 ; Pub. L. 103–305, title II, §209, Aug. 23, 1994, 108 Stat. 1589 .)

In this chapter, the words "Secretary of Labor" are substituted for "Bureau of Labor Statistics of the Department of Labor" because of 29:551 and 557.

This section is in effect a transfer of the text of 49:334 to this section. Section 334 was derived from section 45 of the Airline Deregulation Act of 1978 (Public Law 95–504, 92 Stat. 1753), as amended by section 28 of the International Air Transportation Competition Act of 1979 (Public Law 96–192, 94 Stat. 48).

In subsection (a), before clause (1), the word "fee" is substituted for "charge" for consistency. In clause (2), the words "and collected" are omitted as surplus.

References in Text

The date of the enactment of this subsection, referred to in subsec. (c)(5), is the date of enactment of Pub. L. 103–305, which was approved Aug. 23, 1994.

Amendments

1994-Subsec. (b). Pub. L. 103–305, §209(1), substituted "Subsection (a)" for "This section".

Subsec. (c). Pub. L. 103–305, §209(2), added subsec. (c).