
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-181 Section 719]
[Document affected by Public Law 107-71 Section 119(d)]
[CITE: 49USC45301]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                           subpart iii--safety
 
                            CHAPTER 453--FEES
 
Sec. 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.
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    \1\ So in original. Probably should be capitalized.
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        (2) Services (other than air traffic control services) provided 
    to a foreign government.

    (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 directly related to the Administration's costs 
        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.

        (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.

(Added Pub. L. 104-264, title II, Sec. 273(a), Oct. 9, 1996, 110 Stat. 
3239.)


                            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.


                             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.

                  Section Referred to in Other Sections

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