[Federal Register Volume 67, Number 171 (Wednesday, September 4, 2002)]
[Rules and Regulations]
[Pages 56496-56497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22629]


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DEPARTMENT OF TRANSPORTATION

Transportation Security Administration

49 CFR Part 1511

[Docket No. TSA-2002-11334]
RIN 2110-AA02


Aviation Security Infrastructure Fees

AGENCY: Transportation Security Administration (TSA), DOT.

ACTION: Temporary Waiver of Audit Submission Requirements.

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SUMMARY: TSA is issuing this document to inform all air carriers and 
foreign air carriers that it will not seek enforcement of the 
independent audit submission deadline set forth in the Aviation 
Security Infrastructure Fees regulation, under certain conditions.

FOR FURTHER INFORMATION CONTACT: For guidance on technical matters: 
Randall Fiertz, Acting Director of Revenue, (202) 385-1209. For 
guidance on legal or other matters: Steven Cohen, Office of Chief 
Counsel, (202) 493-1216.

SUPPLEMENTARY INFORMATION: In order to offset the costs of providing 
civil aviation security services, TSA published in the Federal Register 
an interim final rule (67 FR 7926; February 20, 2002), codified at 49 
CFR part 1511, that imposed the Aviation Security Infrastructure Fee on 
air carriers and foreign air carriers engaged in air transportation, 
foreign air transportation, and intrastate air transportation.
    Sections 1511.5 and 1511.7 require these carriers to provide TSA 
with certain information on their costs related to screening passengers 
and property incurred in 2000. This information was due to be received 
by TSA by May 18, 2002. Section 1511.9 requires each such carrier to 
also provide for and submit to TSA an independent audit of these costs, 
which were due to be received by TSA by July 1, 2002.
    As reflected in the public docket on the Aviation Security 
Infrastructure Fee regulation, TSA-2002-11334, TSA denied several 
requests that it alter the audit requirement and extend the July 1, 
2002 audit deadline.
    However, on two occasions TSA announced that it would not seek 
enforcement against carriers that meet certain criteria by certain 
dates. The first announcement appeared in TSA's ``Guidance for the 
Aviation Security Infrastructure Fee,'' as published in the Federal 
Register on May 1, 2002 (docket item no. 20). The second announcement 
was in TSA's July 24, 2002, letter to the

[[Page 56497]]

Air Transport Association (docket item no. 35). The criteria are that 
the carriers must make timely and proper fee payments, must submit any 
necessary revisions to their Appendix A submission(s), and must remit 
all adjusted fee payments retroactive to February 18, 2002.
    By this document, TSA extends the period of time for which it will 
not seek to enforce the July 1, 2002, deadline for all carriers whose 
independent audits and adjusted fee payments are received by October 
31, 2002. The previously stated conditions still apply. TSA is not 
waiving enforcement of any other requirements set forth in 49 U.S.C. 
44940 or 49 CFR part 1511.

    Issued in Washington, DC, on August 29, 2002.
J. M. Loy,
Acting Under Secretary of Transportation for Security.
[FR Doc. 02-22629 Filed 8-30-02; 3:51 pm]
BILLING CODE 4910-62-P