; or (B) adversely impact the ability of the user to use or access any part of the national airspace system. (2) Charges and fees shall be consistent with the document titled ICAO’s Policies on Charges for Airports and Air Navigation Services , Ninth Edition, 2012. (3) Charges and fees may not be discriminatory. (4) Charges and fees shall be consistent with United States international obligations. (5) Certain categories of air traffic services users may be charged on a flat fee basis so long as the charge or fee is otherwise consistent with this subsection. (6) Charges and fees may not be imposed for air traffic services provided with respect to operations of aircraft that qualify as public aircraft under sections 40102(a) and 40125. (7) Charges and fees may not be imposed for air traffic services provided with respect to aircraft operations conducted pursuant to part 91, 133, 135, 136, or 137 of title 14, Code of Federal Regulations. (8) Charges and fees may not be structured such that air traffic services users have incentives to operate in ways that diminish safety to avoid the charges and fees. (9) Charges and fees, based on reasonable and financially sound projections, may not generate revenues exceeding the Corporation’s current and anticipated financial requirements in relation to the provision of air traffic services. (e) Corporation’s financial requirements In determining whether a proposal received from the Corporation under subsection (b) would generate revenues in compliance with subsection (d)(9), the Secretary shall consider costs and other liabilities of the Corporation, including— (1) costs incurred before the date of transfer; (2) operations and maintenance costs; (3) management and administrative costs; (4) depreciation costs; (5) interest costs and other expenses related to debt servicing; (6) cash reserves or other requirements needed to maintain credit ratings or comply with debt covenants