[Federal Register Volume 68, Number 188 (Monday, September 29, 2003)]
[Notices]
[Page 55985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24617]


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DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration

[Docket No. TSA-2001-11120 and TSA-2002-11334]


Notice of Resumption of the September 11th Security Fee and the 
Aviation Security Infrastructure Fee Following Temporary Suspension

AGENCY: Transportation Security Administration (TSA), DHS.

ACTION: Notice.

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SUMMARY: This notice reminds air carriers, foreign air carriers, and 
the general public of the resumption of the imposition of the Passenger 
Civil Aviation Security Service Fee, also known as the September 11th 
Security Fee, and the Aviation Security Infrastructure Fee. Pursuant to 
a statutory requirement, TSA temporarily suspended these fees from June 
1, 2003, through September 30, 2003. The suspension of these fees ends 
automatically at the end of the suspension period, September 30, 2003.

DATES: Imposition of the September 11th Security Fee and the Aviation 
Security Infrastructure Fee resumes on October 1, 2003.

FOR FURTHER INFORMATION CONTACT: For technical matters contact: Randall 
Fiertz, Office of Revenue, Transportation Security Administration 
Headquarters, West Building, Floor 5, TSA-14, 601 South 12th Street, 
Arlington, VA 22202; e-mail: [email protected], telephone: 571-227-2323. 
For legal issues and other matters contact: Susan Truax, Office of the 
Chief Counsel, Transportation Security Administration Headquarters, 
West Building, Floor 8, TSA-2, 601 South 12th Street, Arlington, VA 
22202; e-mail: [email protected], telephone: 571-227-1996.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 44940 and the Transportation Security Regulations 
at 49 CFR parts 1510 and 1511, respectively, air carriers and foreign 
air carriers are required to pay to TSA fees known as the September 
11th Security Fee and the Aviation Security Infrastructure Fee (ASIF).
    The September 11th Security Fee is a fee in the amount of $2.50 per 
enplanement imposed by TSA on passengers of domestic and foreign air 
carriers in air transportation, foreign air transportation, and 
intrastate air transportation originating at airports in the United 
States. This fee is limited to $2.50 per enplanement for up to two 
enplanements (or up to $5) per one-way trip or four enplanements (or up 
to $10) per round trip. 49 CFR 1510.5(a). Section 118 of the Aviation 
and Transportation Security Act (ATSA) (Pub. L. 107-71; November 19, 
2001) authorized TSA to impose the September 11th Security Fee to help 
pay TSA's costs of providing civil aviation security services. Under 49 
CFR 1510.9(a) and (b), direct air carriers and foreign air carriers 
must collect from each passenger a September 11th Security Fee on air 
transportation sold on or after February 1, 2002.
    The ASIF is a fee imposed by TSA on air carriers and foreign air 
carriers engaged in air transportation, foreign air transportation, and 
intrastate air transportation, based on each carrier's security costs 
incurred in the year 2000. Section 118 of the ATSA authorized TSA to 
impose the ASIF, to the extent that the September 11th Security Fee was 
insufficient to pay TSA's costs of providing civil aviation security 
services. Under 49 CFR 1511.5 and 1511.7(b), each air carrier and 
foreign air carrier engaged in air transportation must pay to TSA the 
ASIF incurred for each month by the last calendar day of the following 
month. For months up to and including September of 2004, the payment is 
8.333 percent of the total amount of the air carrier's costs of 
screening passengers and property transported by passenger aircraft in 
the United States during calendar year 2000.
    On April 16, 2003, the President signed into law the Emergency 
Wartime Supplemental Appropriations Act, 2003, (Pub. L. 108-11) 
(Appropriations Act), which among other things, prohibits the Under 
Secretary for Border and Transportation Security (BTS) of the 
Department of Homeland Security from imposing the September 11th 
Security Fee and the ASIF during the period beginning June 1, 2003, and 
ending September 30, 2003 (suspension period). TSA, which is an agency 
within the Department of Homeland Security and operating under the 
direction of the Under Secretary of BTS, is the agency charged with 
imposing these fees by regulation. Therefore, in order to implement the 
Appropriations Act, TSA published a temporary final rule on May 21, 
2003 (68 FR 27747). The rule suspended these fees for the suspension 
period through temporary amendments to 49 CFR parts 1510 and 1511.
    The temporary final rule expires automatically at the end of the 
suspension period. TSA is publishing this notice to remind carriers and 
the general public of the expiration of the temporary amendments to 49 
CFR parts 1510 and 1511 and the resumption of both fees as of 12 a.m., 
Eastern Daylight Time, October 1, 2003. On that date, September 11th 
Security Fees will be imposed on air transportation sold after the end 
of the suspension period, in accordance with the temporary final rule, 
49 CFR parts 1510, and prior guidance issued by TSA, including the 
interpretive letter of January 25, 2002.\1\ This resumption of the 
September 11th Security Fee must be consistent with definitions and 
guidance provided in the temporary rule and 49 CFR 1510.9(b). Further, 
the ASIF will be imposed in accordance with 49 CFR part 1511 on 
affected carriers, with payments for October 2003 due to TSA no later 
than November 30, 2003.
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    \1\ An electronic copy of the letter may be obtained online by 
viewing Item 11 in TSA's regulatory Docket no. 11120 at http://dms.dot.gov/search.

    Issued in Arlington, VA, on September 24, 2003.
James M. Loy,
Administrator.
[FR Doc. 03-24617 Filed 9-24-03; 3:38 pm]
BILLING CODE 4910-62-P