49 Cfr 44940

[Federal Register: October 1, 2004 (Volume 69, Number 190)]
[Notices]               
[Page 58943]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01oc04-95]                         

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DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration

[Docket Nos. TSA-2001-11334 and TSA-2003-16345]
RIN 1652-ZA03

 
Continuation of the Aviation Security Infrastructure Fee (ASIF)

AGENCY: Transportation Security Administration (TSA), DHS.

ACTION: Notice.

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SUMMARY: TSA is issuing this notice to inform all U.S. and foreign air 
carriers (carriers) currently required to pay the Aviation Security 
Infrastructure Fee (ASIF) that for October 2004 and beyond, until 
further notice, the amount of the ASIF imposed on each carrier will 
continue to be the amount the carrier paid for the screening of 
passengers and property transported by passenger aircraft in the U.S. 
during calendar year 2000.

FOR FURTHER INFORMATION CONTACT: Randall Fiertz, Director of Revenue, 
Office of Finance and Administration, TSA-14, Transportation Security 
Administration, 601 South 12th Street, Arlington, VA 22202-4220; 
telephone (571) 227-2323; e-mail TSA-fees@dhs.gov. You may also access 
information on TSA's security fees on the internet at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.tsa.gov. 

Click on the ``Industry Partners'' link at the top of the page, or 
input a keyword and search the ``Site Search'' feature at the top right 
of the web page.

SUPPLEMENTARY INFORMATION: 

Document Availability

    You can get an electronic copy using the Internet by--
    (1) Searching the Department of Transportation's electronic Docket 
Management System (DMS) web page (http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://dms.dot.gov/search);    (2) Accessing the Government Printing Office's web page at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.access.gpo.gov/su_docs/aces/aces140.html
; or

    (3) Visiting TSA's Law and Policy web page at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.tsa.dot.gov/public/index.jsp
.

    In addition, copies are available by writing or calling the 
individual in the FOR FURTHER INFORMATION CONTACT section. Make sure to 
identify the docket number of this rulemaking.

Background

    Under 49 U.S.C. 44940, Congress authorized TSA to impose the ASIF 
on carriers to help defray the Federal government's cost of providing 
civil aviation security services. See 49 U.S.C. 44940(a)(2). Through 
the end of fiscal year 2004 (September 30, 2004), the amount of ASIF 
collected by TSA from the carriers, both overall and per carrier, 
cannot exceed the carriers' aggregate and individual costs, 
respectively, for screening passengers and property in calendar year 
2000. 49 U.S.C. 44940(a)(2)(B)(i), (ii). Beginning in fiscal year 2005 
(October 1, 2004), TSA may change the way the per-carrier limit is 
determined. TSA may set the amount of each carrier's ASIF according to 
the carrier's market share or other appropriate measure in lieu of the 
carriers actual screening costs in calendar year 2000. 49 U.S.C. 
44940(2)(B)(iii).
    On February 20, 2002, TSA imposed the ASIF on carriers by 
publishing an interim final rule in the Federal Register (67 FR 7926), 
codified at 49 CFR part 1511. In accordance with 49 U.S.C. 
44940(a)(2)(B), TSA used information the carriers provided on their 
individual screening costs for calendar year 2000 to set each carrier's 
annual ASIF payment. Section 1511.7(b) of the regulation requires that 
each carrier remit 8.333 percent (one-twelfth) of its self-reported 
amount, or an amount otherwise determined by TSA, to TSA on a monthly 
basis through the end of September 2004.
    Section 1511.5(g) of the regulation provides that TSA will 
redetermine the amount of the ASIF imposed on each carrier beginning in 
October 2004, and the redetermination may be based on each carrier's 
market share or other appropriate measure. Similarly, Sec.  1511.7(c) 
of the regulation provides that, beginning in October 2004, each 
carrier's monthly ASIF payment is set at one-twelfth of that 
redetermined amount. These provisions reflect TSA's statutory 
authorization to reset the ASIF for each carrier beginning in October 
2004 based on the carrier's market share or other appropriate measures 
in lieu of the carrier's costs for screening passengers and property in 
calendar year 2000. See 49 U.S.C. 44940(a)(2)(B)(iii). Also, under 49 
U.S.C. 44940(d)(3), TSA may make modifications to the ASIF through 
publication of a notice in the Federal Register.
    TSA has not yet determined whether it will reset each carrier's 
ASIF payment based on market share or another appropriate measure. On 
November 5, 2003, TSA issued a notice in the Federal Register seeking 
public comment on this issue (68 FR 62613). TSA is in the process of 
considering the comments and proposals for revising allocation of the 
ASIF among carriers. Therefore, TSA has determined that until further 
notice, for October 2004 and beyond, the amount of the ASIF imposed on 
each carrier will remain equal to the amount of the carrier's screening 
costs for calendar year 2000. Therefore, each carrier's monthly payment 
under Sec.  1511.7(c) for each month beginning with October 2004 will 
remain at one-twelfth of that amount.

    Issued in Arlington, Virginia, on September 29, 2004.
David M. Stone,
Assistant Secretary.
[FR Doc. 04-22202 Filed 9-29-04; 11:06 am]

BILLING CODE 4910-62-U

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