[Federal Register Volume 67, Number 60 (Thursday, March 28, 2002)]
[Rules and Regulations]
[Pages 14879-14881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7652]



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DEPARTMENT OF TRANSPORTATION

Transportation Security Administration

49 CFR Part 1510

[Docket No. TSA-2001-11120]
RIN 2110-AA01


Imposition and Collection of Passenger Civil Aviation Security 
Service Fees; Amendment; Reopening of Comment Period.

AGENCY: Transportation Security Administration, DOT.

ACTION: Interim final rule; amendment; reopening of comment period.

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SUMMARY: On December 31, 2001, the Transportation Security 
Administration (TSA) published an interim final rule on the imposition 
and collection of Passenger Civil Aviation Security Service Fees 
(September 11th Security Fees). The comment period closed on March 1, 
2002. Since that time, however, TSA has tentatively determined that 
some of the data direct air carriers and foreign air carriers are 
required to submit in the quarterly reports pursuant to Sec. 1510.17 of 
the interim final rule may be overinclusive. This action amends the 
requirements under Sec. 1510.17(b) and (c) and reopens the comment 
period solely with respect to those paragraphs until April 30, 2002. So 
that TSA may review and consider all comments received on this action, 
the first quarterly report due by April 30, 2002, need not be submitted 
until July 31, 2002, i.e., the same date the second quarterly report is 
due. TSA intends to provide a form for the data required in the 
quarterly reports and will publish the form together with guidance in 
the Federal Register and on DOT's Web site prior to July 31, 2002.

DATES: This amendment to the interim final rule is effective on March 
28, 2002. Comments only with respect to this action, which amends the 
reporting requirements under Sec. 1510.17 of the interim final rule, 
will be accepted through April 30, 2002.

ADDRESSES: Submit written, signed comments only with respect to this 
action to TSA Docket No. 2001-11120, the Docket Clerk, U.S. DOT 
Dockets, Room PL-401, 400 Seventh Street, SW., Washington, DC 20590-
0001. All comments received will be available for examination at the 
above address between 9 a.m. and 5 p.m., e.t., Monday through Friday, 
except Federal holidays. Those desiring notification of receipt of 
comments must include a self-addressed, stamped envelope or postcard on 
which the following statement is made: ``Comments to Docket No. TSA-
2001-11120.'' The post card will be date stamped and mailed to the 
sender. Comments also may be sent electronically to the Dockets 
Management System (DMS) at: http://dms.dot.gov at any time. Those who 
wish to file comments electronically should follow the instructions on 
the DMS Web site.

FOR FURTHER INFORMATION CONTACT: For guidance involving technical 
matters: A. Thomas Park, Acting Deputy Chief Financial Officer, 
Department of Transportation, Office of the Secretary, Office of the 
Assistant Secretary for Budget and Programs, 400 Seventh St., SW., Room 
10101, Washington, DC 20590; telephone (202) 366-9192. For other 
guidance: Rita M. Maristch, Department of Transportation, Office of the 
General Counsel, Office of Environmental, Civil Rights and General Law, 
400 Seventh St., SW., Room 10102, Washington, DC 20590; telephone (202) 
366-9161. Office hours are from 9 a.m. to 5:30 p.m., e.t. Monday 
through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Availability of the Interim Final Rule and Comments Received

    An electronic copy of this document may be downloaded using a modem 
and suitable communications software from the Government Printing 
Office's Electronic Bulletin Boards Service at (202) 512-1661. Internet 
users may reach the Federal Register's Home Page at: http://www.nara.gov/fedreg and the Government Printing Office's database at: 
http://www.access.gpo.gov.
    Internet users can access this document and all comments received 
by TSA through DOT's docket management system Web site, http://dms.dot.gov. It is available 24 hours each day, 365 days each year. 
Please follow the instructions online for more information and help.

Small Entity Inquiries

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires TSA to comply with small entity requests for information 
and advice about compliance with statutes and regulations within TSA's 
jurisdiction. However, because TSA was established on November 19, 
2001, pursuant to Aviation and Transportation Security Act, Public Law 
107-71, it does not yet have the infrastructure or personnel to provide 
such information and guidance. Until such time that it does, the Office 
of the Secretary of Transportation will handle all SBREFA inquiries. 
Accordingly, any small entity that has a question regarding this 
document may contact the individuals listed under the caption FOR 
FURTHER INFORMATION CONTACT.

Background

    On December 31, 2001, TSA published an interim final rule that 
imposes a $2.50 fee on each air carrier passenger enplanement in order 
to help pay for the Federal government's costs in providing aviation 
security services. See 66 FR 67698 (to be codified at 49 CFR part 
1510). Passengers may not be charged for more than two enplanements per 
one-way trip or more than four enplanements per round trip. The fee, 
commonly referred to as the September 11th Security Fee, was authorized 
in the landmark Aviation and Transportation Security Act, which was 
signed into law by President Bush on November 19, 2001. Public Law 
107-71. The September 11th Security Fees will help pay for passenger 
and baggage screeners, security managers and law enforcement personnel 
at airports, and other aviation security efforts, such as the purchase 
of explosive detection systems.
    According to the interim final rule, direct air carriers, both 
domestic and foreign, were required to begin collecting the September 
11th Security Fee for enplanements originating from U.S. airports 
beginning February 1, 2002, and transmitting them to DOT's newly 
established TSA. In addition, the interim final rule at Sec. 1510.17 
requires direct air carriers and foreign air carriers to submit 
quarterly reports to TSA. More specifically, Sec. 1510.17(b) requires 
that the quarterly reports state the direct air carrier or foreign air 
carrier involved, the total security service fee imposed, collected, 
refunded and remitted, the number of enplanements for which a fee was 
collected, the total number of frequent flyer and nonrevenue 
passengers, and the total number of enplanements for which the fee was 
not collected. The reports must explain why any fee imposed under 49 
CFR part 1510 was not collected.
    Since the publication of the interim final rule, TSA has had an 
opportunity to review the data to be included in the quarterly report 
and tentatively believes that some of the data may be overinclusive. 
Based on its review, TSA believes that the following data would provide 
the necessary information it seeks and therefore amends Sec. 1510.17(b) 
to require that all quarterly reports state: (1) The direct air carrier 
or foreign air carrier involved;
    (2) The total amount of September 11th Security Fees imposed on 
passengers in U.S. currency for each

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month during the previous quarter of the calendar year;
    (3) The net amount of September 11th Security Fees collected in 
U.S. currency by the direct air carrier or foreign air carrier for each 
month during the previous quarter of the calendar year;
    (4) The total amount of September 11th Security Fees refunded in 
U.S. currency by the direct air carrier or foreign air carrier for each 
month during the previous quarter of the calendar year; and
    (5) The total amount of September 11th Security Fees remitted in 
U.S. currency by the direct air carrier or foreign air carrier for each 
month during the previous quarter of the calendar year.
    This interim final rule also amends Sec. 1510.17(c) to reflect that 
direct air carriers and foreign air carriers must submit their reports 
to TSA on the last day of the calendar month following the quarter of 
the calendar year in which the fees were imposed.
    TSA will consider public comment through April 30, 2002, solely 
with respect to Sec. 1510.17(b) and (c), as amended. Given this fact, 
TSA has determined that the first quarterly report, which, according to 
the rule, is due by April 30, 2002, must now be submitted together 
with, or prior to, the second quarterly report for this calendar year, 
which is due by July 31, 2002. TSA intends to provide a form for the 
data required in the quarterly reports and will publish the form 
together with guidance in the Federal Register and on DOT's Web site 
prior to July 31, 2002.

Good Cause for Immediate Adoption

    Section 44940(d)(1) of title 49, U.S.C., explicitly exempts the 
imposition of the civil aviation security service fees authorized in 
section 44940 from the procedural rulemaking notice and comment 
procedures set forth in 5 U.S.C. 553. Apart from that exemption, it 
would have been impractical and contrary to the public interest to 
provide for notice and comment before issuing the interim final rule on 
December 31, 2002. Immediate action was necessary to begin collecting 
the security service fees provided for by the statute. However, TSA 
sought comments on the interim final rule through March 1, 2002 and is 
in the process of reviewing those comments. In the meantime, TSA seeks 
comments on this action amending the reporting requirements under 
Sec. 1510.17 through April 30, 2002, but will consider comments filed 
late to the extent practicable. TSA may further amend the interim final 
rule in light of the comments it receives.

Paperwork Reduction Act

    On January 31, 2002, TSA published a notice in the Federal Register 
announcing that it had submitted a request for emergency processing of 
a public information collection to the Office of Management and Budget 
(OMB) regarding the quarterly reporting requirements in Sec. 1510.17 of 
the interim final rule. On that same date, OMB approved the information 
collection contained in the interim final rule and assigned it OMB 
control number 2110-0001. This collection of information is approved 
through July 31, 2002. See 67 FR 7582, February 19, 2002. TSA has 
determined that this action, which amends Sec. 1510.17 of the interim 
final rule, will reduce the collection of information burdens 
originally required by that section and approved by OMB. Therefore, it 
is not necessary for TSA to apply to OMB for additional emergency 
approval with respect to this action, but prior to July 31, 2002, TSA 
will apply for a three-year extension as well as approval of the 
information collection form it is developing. Interested parties are 
invited to send comments regarding any aspect of the information 
collection requirements, including, but not limited to: (1) Whether the 
collection of information is necessary for the performance of TSA, 
including whether the information has practical utility; (2) the 
accuracy of the estimated burden that DOT has provided to OMB; (3) ways 
to enhance the quality, utility, and clarity of the collection of 
information, and (4) ways to minimize the collection burden without 
reducing the quality of the information collected.

Economic Analyses

    This rulemaking action is taken in an emergency situation within 
the meaning of Section 6(a)(3)(D) of Executive Order 12866, Regulatory 
Planning and Review. It also is considered an emergency regulation 
under Paragraph 11g of the Department's Regulatory Policies and 
Procedures. In addition, it is a significant rule within the meaning of 
the Executive Order and Department's policies and procedures because it 
may impose significant costs on air carriers and foreign air carriers. 
An assessment in accordance with the Executive Order will be conducted 
in the future. No additional regulatory analysis or evaluation 
accompanies this rule. TSA has not assessed whether this rule will have 
a significant economic impact on a substantial number of small entities 
as defined in the Regulatory Flexibility Act of 1980. When no notice of 
proposed rulemaking has first been published, the Regulatory 
Flexibility Act does not apply.
    OMB has reviewed this rulemaking action under the provisions of 
section 6(a)(3)(D) Executive Order 12866.

Executive Order 13132, Federalism

    TSA has analyzed this amendment to its interim final rule published 
on December 31, 2001, under the principles and criteria of Executive 
Order 13132, Federalism. TSA has determined that the interim final 
rule, as amended, will not have a substantial direct effect on the 
States, or the relationship between the national Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, TSA has determined that this 
rulemaking action does not have federalism implications.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (the Act), enacted as 
Public Law 104-4 on March 22, 1995, is intended, among other things, to 
curb the practice of imposing unfunded Federal mandates on State, 
local, and tribal governments. Title II of the Act requires each 
Federal agency to prepare a written statement assessing the effects of 
any Federal mandate in a proposed or final agency rule that may result 
in a $100 million or more expenditure (adjusted annually for inflation) 
in any one year by State, local, and tribal governments, in the 
aggregate, or by the private sector.
    The requirements of Title II of the Act do not apply when 
rulemaking actions are taken without the issuance of a notice of 
proposed rulemaking. Accordingly, the TSA has not prepared a statement 
under the Act.

Environmental Review

    TSA has reviewed this action for purposes of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) and has 
determined that this action will not have a significant effect on the 
human environment.

Energy Impact

    The energy impact of this rule has been assessed in accordance with 
the Energy Policy and Conservation Act (EPCA) Public Law 94-163, as 
amended. (42 U.S.C. 6362). It has been determined that this rule is not 
a major regulatory action under the provisions of the EPCA.

List of Subjects in 49 CFR Part 1510

    Accounting, Auditing, Air carriers, Air transportation, 
Enforcement, Federal oversight, Foreign air carriers, Reporting

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and recordkeeping requirements, Security measures.

    Issued in Washington, DC, on March 25, 2002.
John W. Magaw,
Under Secretary of Transportation for Security.
    Accordingly, part 1510 of Title 49 CFR is amended as follows:

PART 1510--PASSENGER CIVIL AVIATION SECURITY SERVICE FEES

    1. The authority citation for part 1510 continues to read as 
follows:

    Authority: 49 U.S.C. 44940.


    2. Paragraphs (b) and (c) of Sec. 1510.17 are revised to read as 
follows:


Sec. 1510.17  Reporting requirements.

* * * * *
    (b) Quarterly reports must state:
    (1) The direct air carrier or foreign air carrier involved;
    (2) The total amount of September 11th Security Fees imposed on 
passengers in U.S. currency for each month during the previous quarter 
of the calendar year;
    (3) The net amount of September 11th Security Fees collected in 
U.S. currency by the direct air carrier or foreign air carrier for each 
month during the previous quarter of the calendar year;
    (4) The total amount of September 11th Security Fees refunded in 
U.S. currency by the direct air carrier or foreign air carrier for each 
month during the previous quarter of the calendar year; and
    (5) The total amount of September 11th Security Fees remitted in 
U.S. currency by the direct air carrier or foreign air carrier for each 
month during the previous quarter of the calendar year.
    (c) The report must be filed by the last day of the calendar month 
following the quarter of the calendar year in which the fees were 
imposed.

[FR Doc. 02-7652 Filed 3-26-02; 2:29 pm]
BILLING CODE 4910-62-P