Sec. 121. UPDATE ON OVERFLIGHTS
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/statute-compilations/comps-9829/sec-121A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 121 UPDATE ON OVERFLIGHTS ###
(a)Establishment and Adjustment of Fees Section 45301(b) is amended to read as follows: > > ### “(b) Establishment and Adjustment of Fees > > > #### “(1) In general > > In establishing and adjusting fees under this section, the Administrator shall ensure that the fees are reasonably related to the Administration’s costs, as determined by the Administrator, of providing the services rendered. > > > #### “(2) Services for which costs may be recovered > > Services for which costs may be recovered under this section include the costs of air traffic control, navigation, weather services, training, and emergency services that are available to facilitate safe transportation over the United States and the costs of 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. > > > #### “(3) Limitations on judicial review > > Notwithstanding section 702 of title 5 or any other provision of law, the following actions and other matters shall not be subject to judicial review: > > > ##### “(A) > > The establishment or adjustment of a fee by the Administrator under this section. > > > ##### “(B) > > The validity of a determination of costs by the Administrator under paragraph (1), and the processes and procedures applied by the Administrator when reaching such determination. > > > ##### “(C) > > An allocation of costs by the Administrator under paragraph
(1)to services provided, and the processes and procedures applied by the Administrator when establishing such allocation. > > > #### “(4) Aircraft altitude > > Nothing in this section shall require the Administrator to take into account aircraft altitude in establishing any fee for aircraft operations in en route or oceanic airspace. > > > #### “(5) Costs defined > > In this subsection, the term ‘costs’ includes operation and maintenance costs, leasing costs, and overhead expenses associated with the services provided and the facilities and equipment used in providing such services.” > . ###
(b)Adjustment of Fees Section 45301 is amended by adding at the end the following: > > ### “(e) Adjustment of Fees > > In addition to adjustments under subsection (b), the Administrator may periodically adjust the fees established under this section.” > .