Passenger Civil Aviation Security Service Fees

jstallworth on DSK7TPTVN1PROD with CFR

Transportation Security Administration, DHS
(iv) From subsection (e)(1) because it
is not always possible for TSA or other
agencies to know in advance what information is both relevant and necessary for it to complete an identity
comparison between aviation passengers or certain non-travelers and a
known or suspected terrorist. In addition, because TSA and other agencies
may not always know what information about an encounter with a known
or suspected terrorist will be relevant
to law enforcement for the purpose of
conducting an operational response.
(v) From subsection (e)(2) because application of this provision could
present a serious impediment to
counterterrorism, law enforcement, or
intelligence efforts in that it would put
the subject of an investigation, study
or analysis on notice of that fact,
thereby permitting the subject to engage in conduct designed to frustrate
or impede that activity. The nature of
counterterrorism, law enforcement, or
intelligence investigations is such that
vital information about an individual
frequently can be obtained only from
other persons who are familiar with
such individual and his/her activities.
In such investigations, it is not feasible
to rely upon information furnished by
the individual concerning his own activities.
(vi) From subsection (e)(3), to the extent that this subsection is interpreted
to require TSA to provide notice to an
individual if TSA or another agency receives or collects information about
that individual during an investigation
or from a third party. Should the subsection be so interpreted, exemption
from this provision is necessary to
avoid impeding counterterrorism, law
enforcement, or intelligence efforts by
putting the subject of an investigation,
study or analysis on notice of that
fact, thereby permitting the subject to
engage in conduct intended to frustrate
or impede that activity.
(vii) From subsections (e)(4)(G) and
(H) (Agency Requirements) and (f)
(Agency Rules), because this system is
exempt from the access provisions of 5
U.S.C. 552a(d).
(viii) From subsection (e)(5) because
many of the records in this system
coming from other system of records
are derived from other domestic and

Pt. 1510

foreign agency record systems and
therefore it is not possible for TSA to
ensure their compliance with this provision, however, TSA has implemented
internal quality assurance procedures
to ensure that data used in the watch
list matching process is as thorough,
accurate, and current as possible. In
addition, in the collection of information for law enforcement, counterterrorism, and intelligence purposes, it is
impossible to determine in advance
what information is accurate, relevant,
timely, and complete. With the passage
of time, seemingly irrelevant or untimely information may acquire new
significance as further investigation
brings new details to light. The restrictions imposed by (e)(5) would limit the
ability of those agencies’ trained investigators and intelligence analysts to
exercise their judgment in conducting
investigations and impede the development of intelligence necessary for effective law enforcement and counterterrorism efforts. However, TSA has
implemented internal quality assurance procedures to ensure that the
data used in the watch list matching
process is as thorough, accurate, and
current as possible.
(ix) From subsection (e)(8) because to
require individual notice of disclosure
of information due to compulsory legal
process would pose an impossible administrative burden on TSA and other
agencies and could alert the subjects of
counterterrorism, law enforcement, or
intelligence investigations to the fact
of those investigations when not previously known.
(x) From subsection (f) (Agency
Rules) because portions of this system
are exempt from the access and amendment provisions of subsection (d).
(xi) From subsection (g) to the extent
that the system is exempt from other
specific subsections of the Privacy Act.
[69 FR 35537, June 25, 2004, as amended at 70
FR 33384, June 8, 2005; 71 FR 44227, Aug. 4,
2006; 72 FR 63709, Nov. 9, 2007]

PART 1510—PASSENGER CIVIL
AVIATION SECURITY SERVICE FEES
Sec.
1510.1
1510.3
1510.5

Applicability and purpose.
Definitions.
Imposition of security service fees.

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§ 1510.1

49 CFR Ch. XII (10–1–15 Edition)

1510.7 Air transportation advertisements
and solicitations.
1510.9 Collection of security service fees.
1510.11 Handling of security service fees.
1510.13 Remittance of security service fees.
1510.15 Accounting and auditing requirements.
1510.17 Reporting requirements.
1510.19 Federal oversight.
1510.21 Enforcement.
AUTHORITY: 49 U.S.C. 114, 40113, and 44940.
SOURCE: 66 FR 67701, Dec. 31, 2001, unless
otherwise noted.

§ 1510.1

Applicability and purpose.

This part prescribes a uniform fee to
be paid by passengers of direct air carriers and foreign air carriers in air
transportation, foreign air transportation, and intrastate air transportation originating at airports in the
United States.
[79 FR 35472, June 20, 2014]

jstallworth on DSK7TPTVN1PROD with CFR

§ 1510.3

Definitions.

In addition to the definitions in
§§ 1500.3, 1503.103, and 1540.5 of this
chapter, the following terms are used
in this part:
Air carrier means a citizen of the
United States who undertakes directly
to engage in or provide air transportation.
Air transportation means continental
interstate air transportation, continental intrastate air transportation,
foreign air transportation, non-continental interstate air transportation, or
non-continental intrastate air transportation.
Aircraft means a device that is used
or intended to be used for flight in the
air.
Airport means any landing area used
regularly by aircraft for receiving or
discharging passengers or cargo.
Continental interstate air transportation means the carriage by aircraft of
persons for compensation or hire within the continental United States.
Continental intrastate air transportation means the carriage by aircraft of
persons for compensation or hire wholly within the same state of the continental United States.
Continental United States means the
District of Columbia and the States
other than Alaska and Hawaii.

Co-terminal means an airport serving
a multi-airport city or metropolitan
area that has been approved by TSA to
be used as the same point for purposes
of determining application of the security service fee imposed under § 1510.5
of this part. Copies of the approved list
are available on TSA’s Web site at
www.tsa.gov or by contacting [email protected].
Direct air carrier and foreign air carrier
means a selling carrier.
Foreign air carrier means any person
other than a citizen of the United
States who undertakes directly to engage in or provide air transportation.
Foreign air transportation means the
carriage by aircraft of persons for compensation or hire between a place in
the United States and any place outside of the United States.
Frequent flyer award means a zerofare award of air transportation that a
domestic air carrier or foreign air carrier provides to a passenger in exchange for accumulated travel mileage
credits in a customer loyalty program,
whether or not the term frequent flyer
is used in the definition of that program.
Non-continental interstate air transportation means the carriage by aircraft of
persons for compensation or hire within the United States, but outside the
continental United States.
Non-continental intrastate air transportation means the carriage by aircraft of
persons for compensation or hire wholly within the same state, territory or
possession of the United States, but
outside the continental United States.
Nonrevenue passenger means a passenger receiving air transportation
from an air carrier or foreign air carrier for which the air carrier or foreign
air carrier does not receive remuneration.
One-way trip means continuous air
transportation, during which a stopover does not occur; there may be multiple one-way trips on the same air
travel itinerary.
Origin point means the location at
which a trip on a complete air travel
itinerary begins.
Principal
means
the
aggregate
amount of all passenger security services fees due to be remitted to the

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Transportation Security Administration, DHS
Transportation Security Administration by an air carrier as required by
this part.
Round trip means a trip on an air
travel itinerary that terminates or has
a stopover at the origin point (or coterminal).
Selling carrier means an air carrier or
foreign air carrier that provides or offers to provide air transportation and
has control over the operational functions performed in providing that air
transportation.
Stopover means a break in travel of
more than:
(1) Four (4) hours for continental
interstate air transportation or continental intrastate air transportation,
and
(2) Twelve (12) hours for non-continental interstate air transportation,
non-continental intrastate air transportation, or foreign air transportation.
Terminates means the location at
which a trip on a complete air travel
itinerary ends.
[66 FR 67701, Dec. 31, 2001, as amended at 68
FR 49720, Aug. 19, 2003; 79 FR 35473, June 20,
2014; 80 FR 31857, June 4, 2015]

§ 1510.5 Imposition of security service
fees.
(a) Each direct air carrier and foreign
air carrier described in § 1510.9(a) shall
impose a security service fee of $5.60
per one-way trip for air transportation
originating at an airport in the United
States. Passengers may not be charged
more than $5.60 per one-way trip or
$11.20 per round trip.
(b) The security service fee must be
imposed on passengers who obtained
the ticket for air transportation with a
frequent flyer award, but may not be
imposed on any other nonrevenue passengers.
[79 FR 35473, June 20, 2014, as amended at 80
FR 31857, June 4, 2015]

jstallworth on DSK7TPTVN1PROD with CFR

§ 1510.7 Air transportation advertisements and solicitations.
A direct air carrier and foreign air
carrier must identify the security service fee imposed by this part as ‘‘September 11th Security Fee’’ in all its advertisements and solicitations for air
transportation.

§ 1510.11

§ 1510.9 Collection of security service
fees.
(a) The following direct air carriers
and foreign air carriers must collect security service fees from passengers
on—
(1) A scheduled passenger or public
charter passenger operation with an
aircraft having passenger seating configuration of more than 60 seats.
(2) A scheduled passenger or public
charter passenger operation with an
aircraft having a passenger seating
configuration of less than 61 seats
when passengers are enplaned from or
deplaned into a sterile area.
(b) Direct air carriers and foreign air
carriers must collect from each passenger, to the extent provided in
§ 1510.5, a security service fee on air
transportation sold on or after 12:00
a.m. (Eastern Daylight Time) on July
21, 2014. The security service fee must
be based on the air travel itinerary at
the time the air transportation is sold.
Any changes by the passenger to the
itinerary are subject to additional collection or refund of the security service
fee by the direct air carrier or foreign
air carrier, as appropriate.
(c) Whether or not the security service fee is collected as required by this
part, the direct air carrier or foreign
air carrier selling the air transportation is solely liable to TSA for the
fee and must remit the fee as required
in § 1510.13.
(d) Direct air carriers and foreign air
carriers may not collect security service fees not imposed by this part.
[66 FR 67701, Dec. 31, 2001, as amended at 79
FR 35473, June 20, 2014]

§ 1510.11
fees.

Handling of security service

(a) Direct air carriers and foreign air
carriers are responsible for the safekeeping of all security service fees
from the time of collection to remittance.
(b) Security service fees collected by
a direct air carrier or foreign air carrier are held in trust by that direct
carrier for the beneficial interest of the
United States in paying for the costs of
providing civil aviation security services described in 49 U.S.C. 44940. The direct air carrier or foreign air carrier

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§ 1510.13

49 CFR Ch. XII (10–1–15 Edition)

holds neither legal nor equitable interest in the security service fees except
for the right to retain any accrued interest on the principal amounts collected pursuant to § 1510.13(b).
(c) Direct air carriers and foreign air
carriers must account for security
service fees separately, but the fees
may be commingled with the carriers’
other sources of revenue.
(d) Direct air carriers and foreign air
carriers must disclose in their financial statements the existence and the
amount of security service fee held in
trust.

jstallworth on DSK7TPTVN1PROD with CFR

§ 1510.13 Remittance of security service fees.
(a) Each direct air carrier and foreign
air carrier must remit all security
service fees imposed each calendar
month to TSA, as directed by the Administrator, by the last calendar day of
the month following the imposition.
(b) Direct air carriers and foreign air
carriers may retain any interest that
accrues on the principal amounts collected between the date of collection
and the date the fee is remitted to TSA
in accordance with paragraph (a) of
this section.
(c) Direct air carriers and foreign air
carriers are prohibited from retaining
any portion of the principal to offset
the costs of collecting, handling, or remitting the passenger security service
fees.
(d) Security service fees are payable
to the ‘‘Transportation Security Administration’’ in U.S. currency and
drawn on a U.S. bank.
(1) Fees of $1,000 or more must be remitted by electronic funds transfer.
(2) Fees under $1,000 may be remitted
by electronic funds transfer, check,
money order, wire transfer, or draft.
(e) Direct air carriers and foreign air
carriers are responsible for paying any
bank processing charges on the security service fees collected or remitted
under this part when such charges are
assessed on the U.S. government.
§ 1510.15 Accounting and auditing requirements.
(a) Direct air carriers and foreign air
carriers must establish and maintain
an accounting system to account for
the security service fees imposed, col-

lected, refunded and remitted. The accounting records must identify the airports at which the passengers were enplaned.
(b) Each direct air carrier and foreign
air carrier that collects security services fees from more than 50,000 passengers annually must provide for an
audit at least annually of its security
service fee activities or accounts.
(c) Audits pursuant to paragraph (b)
of this section must be performed by an
independent certified public accountant and may be of limited scope. The
accountant must express an opinion on
the fairness and reasonableness of the
direct air carrier’s and foreign air carrier’s procedures for collecting, holding, and remitting the fees. The opinion must also address whether the
quarterly reports required in § 1510.17
fairly represent the net transactions in
the security service fee accounts.
§ 1510.17

Reporting requirements.

(a) Each direct air carrier and foreign
air carrier collecting security service
fees must provide TSA with quarterly
reports that provide an accounting of
fees imposed, collected, refunded and
remitted.
(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.

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Transportation Security Administration, DHS
(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.
[66 FR 67701, Dec. 31, 2001, as amended at 67
FR 14881, Mar. 28, 2002]

§ 1510.19 Federal oversight.
Direct air carriers and foreign air
carriers must allow any authorized representative of the Administrator, the
Secretary of Transportation, the Secretary of Homeland Security, the Inspector General of the Department of
Transportation, the Inspector General
of the Department of Homeland Security, or the Comptroller General of the
United States to audit or review any of
its books and records and provide any
other information necessary to verify
that the security service fees were
properly collected and remitted consistent with this part.
[68 FR 49720, Aug. 19, 2003]

§ 1510.21 Enforcement.
A direct air carrier’s or foreign air
carrier’s failure to comply with the requirements 49 U.S.C. 44940 or the provisions of this part may be considered to
be an unfair and deceptive practice in
violation of 49 U.S.C. 41712 and may
also result in a claim due the United
States by the carrier collectible pursuant to 49 CFR part 89. These remedies
are in addition to any others remedies
provided by law.

PART 1511—AVIATION SECURITY
INFRASTRUCTURE FEE

jstallworth on DSK7TPTVN1PROD with CFR

Sec.
1511.1 Applicability and purpose.
1511.3 Definitions.
1511.5 Imposition of Aviation Security Infrastructure Fees.
1511.7 Remittance of Aviation Security Infrastructure Fees.
1511.9 [Reserved]
1511.11 Federal oversight.
1511.13 Enforcement.
1511.15 Cessation of the Aviation Security
Infrastructure Fee.
APPENDIX A TO PART 1511—AVIATION SECURITY INFRASTRUCTURE FEE.
AUTHORITY: 49 U.S.C. 114, 40113, 44901, and
44940.
SOURCE: 67 FR 7929, Feb. 20, 2002, unless
otherwise noted.

§ 1511.1

§ 1511.3
Applicability and purpose.

(a) This part prescribes the imposition of a fee on air carriers and foreign
air carriers in air transportation to
pay for the costs of providing U.S. civil
aviation security services as described
in 49 U.S.C. 44940.
(b) For purposes of this part, the fee
will be described as the ‘‘Aviation Security Infrastructure Fee.’’
§ 1511.3

Definitions.

The following definitions apply for
purposes of this part. For other definitions that may be applicable to this
part refer to 49 U.S.C. 40102.
Administrator means the Administrator of the Transportation Security
Administration or the Administrator’s
designee.
Air transportation means the carriage
by passenger aircraft of persons or
property for compensation or hire in
intrastate air transportation, interstate air transportation, or foreign air
transportation.
Aircraft means a device that is used
or intended to be used for flight in the
air.
Fiscal year means the fiscal year for
the Federal government, which begins
each year October 1 and ends on September 30. The fiscal year is designated
by the calendar year in which it ends,
e.g., fiscal year 2002 is the year beginning October 1, 2001, and ending September 30, 2002.
Foreign air transportation means air
transportation between a place in the
United States and any place outside of
the United States.
Interstate air transportation means air
transportation within the United
States.
Intrastate air transportation means air
transportation wholly within the same
State of the United States.
Passenger aircraft means an aircraft
that is used to transport passengers in
air transportation.
Property means mail, cargo, carry-on
and checked baggage, and any other articles transported by passenger aircraft
operated by an air carrier or foreign air

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