Title 49TransportationRelease 119-73not60

§45305 Registration, Certification, and Related Fees

Title 49 › Subtitle SUBTITLE VII— AVIATION PROGRAMS › Part A— AIR COMMERCE AND SAFETY › Subpart iii— safety › Chapter 453— FEES › § 45305

Last updated Apr 5, 2026|Official source

Summary

The FAA Administrator must set and collect fees for certain services, and each fee cannot be more than the agency’s estimated cost for that service. The fees cover 11 kinds of actions, such as registering or re-registering aircraft, issuing dealer or special registration numbers, recording security interests in aircraft or parts, issuing airman certificates (including replacements and medical certificates), and giving legal opinions about registration or recordation. The Administrator can also charge a foreign government or entity for certification services done anywhere, as long as the fee follows aviation safety agreements and does not exceed the estimated cost. Fees cannot be collected unless Congress has already allowed the fee money to be spent in an appropriations Act. Collected fees go back to the same account that pays for the services. They can only be used to pay the costs of those services, including the cost to collect the fees, and they remain available until spent. The FAA may keep charging and using these fees while funding is provided under a continuing appropriations Act instead of the regular budget. The Administrator must change a fee if the actual cost turns out higher or lower than the data used to set it.

Full Legal Text

Title 49, §45305

Transportation — Source: USLM XML via OLRC

(a)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:
(1)Registering an aircraft.
(2)Reregistering, replacing, or renewing an aircraft registration certificate.
(3)Issuing an original dealer’s aircraft registration certificate.
(4)Issuing an additional dealer’s aircraft registration certificate (other than the original).
(5)Issuing a special registration number.
(6)Issuing a renewal of a special registration number reservation.
(7)Recording a security interest in an aircraft or aircraft part.
(8)Issuing an airman certificate.
(9)Issuing a replacement airman certificate.
(10)Issuing an airman medical certificate.
(11)Providing a legal opinion pertaining to aircraft registration or recordation.
(b)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—
(1)is established and collected in a manner consistent with aviation safety agreements; and
(2)does not exceed the estimated costs of the services.
(c)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.
(d)(1)Notwithstanding section 3302 of title 31, any fee authorized to be collected under this section shall—
(A)be credited as offsetting collections to the account that finances the activities and services for which the fee is imposed;
(B)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
(C)remain available until expended.
(2)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.
(3)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–254, § 244(1), substituted “Subject to subsection (c)” for “Subject to subsection (b)” in introductory provisions. Subsecs. (b) to (d). Pub. L. 115–254, § 244(2), (3), added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.

Reference

Citations & Metadata

Citation

49 U.S.C. § 45305

Title 49Transportation

Last Updated

Apr 5, 2026

Release point: 119-73not60