1、275 Transportation Security Administration, DHS 1510.3 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 foreign agency record systems and therefore i
2、t is not possible for TSA to ensure their compliance with this pro-vision, 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 informa-tion
3、for law enforcement, counterter-rorism, 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 un-timely information may acquire new significance as further investigation brin
4、gs new details to light. The restric-tions imposed by (e)(5) would limit the ability of those agencies trained inves-tigators and intelligence analysts to exercise their judgment in conducting investigations and impede the develop-ment of intelligence necessary for ef-fective law enforcement and cou
5、nter-terrorism efforts. However, TSA has implemented internal quality assur-ance 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
6、 due to compulsory legal process would pose an impossible ad-ministrative 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 pre-viously known. (x) From subsection (f) (Agency
7、 Rules) because portions of this system are exempt from the access and amend-ment 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
8、 FR 44227, Aug. 4, 2006; 72 FR 63709, Nov. 9, 2007 PART 1510PASSENGER CIVIL AVIATION SECURITY SERVICE FEES Sec. 1510.1 Applicability and purpose. 1510.3 Definitions. 1510.5 Imposition of security service fees. 1510.7 Air transportation advertisements and solicitations. 1510.9 Collection of security
9、service fees. 1510.11 Handling of security service fees. 1510.13 Remittance of security service fees. 1510.15 Accounting and auditing require-ments. 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. 3
10、1, 2001, unless otherwise noted. 1510.1 Applicability and purpose. This part prescribes a uniform fee to be paid by passengers of direct air car-riers and foreign air carriers in air transportation, foreign air transpor-tation, and intrastate air transpor-tation originating at airports in the United
11、 States to pay for the costs of providing civil aviation security serv-ices as described in 49 U.S.C. 44940. 1510.3 Definitions. The following definitions apply in this part: Administrator means the Adminis-trator of the Transportation Security Administration or the Administrators designee. Air carr
12、ier means a citizen of the United States who undertakes directly to engage in or provide air transpor-tation. Air transportation means intrastate, interstate or foreign air transpor-tation. Aircraft means a device that is used or intended to be used for flight in the air. Airport means any landing a
13、rea used regularly by aircraft for receiving or discharging passengers or cargo. 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 en-gage in or provide air transportation. Ver
14、Date Mar2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00285 Fmt 8010 Sfmt 8010 Y:SGML220220.XXX 220220erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-276 49 CFR Ch. XII (10110 Edition) 1510.5 Foreign air transportati
15、on means the carriage by aircraft of persons for com-pensation or hire between a place in the United States and any place out-side of the United States. Frequent flyer award means a zero- fare award of air transportation that a domestic air carrier or foreign air car-rier provides to a passenger in
16、ex-change for accumulated travel mileage credits in a customer loyalty program, whether or not the term frequent flyer is used in the definition of that pro-gram. Interstate air transportation means the carriage by aircraft of persons for com-pensation or hire within the United States. Intrastate ai
17、r transportation means the carriage of persons for compensation or hire wholly within the same State of the United States. Nonrevenue passenger means a pas-senger receiving air transportation from an air carrier or foreign air car-rier for which the air carrier or foreign air carrier does not receiv
18、e remunera-tion. One-way trip means any trip that is not a round trip. Origin point means the location at which a trip on a complete air travel itinerary begins. Passenger enplanement means a person boarding in the United States in sched-uled or nonscheduled service on air-craft in intrastate, inter
19、state, or for-eign air transportation. Principal means the aggregate amount of all passenger security serv-ices fees due to be remitted to the Transportation Security Administra-tion by an air carrier as required by this part. Round trip means a trip on an air travel itinerary that terminates at the
20、 origin point. Selling carrier means an air carrier or foreign air carrier that provides or of-fers to provide air transportation and has control over the operational func-tions performed in providing that air transportation. 66 FR 67701, Dec. 31, 2001, as amended at 68 FR 49720, Aug. 19, 2003 1510.
21、5 Imposition of security service fees. (a) The security service fee will be $2.50 per passenger enplanement. The security service fee is imposed only on passengers of direct air carriers and foreign air carrier described in 1510.9(a). Passengers may not be charged for more than two enplanements per
22、one-way trip or four enplanements per round trip. (b) The security service fee will be imposed on all flight segments origi-nating at an airport in the United States. (c) The security service fee must be imposed on passengers who obtained the ticket for air transportation with a frequent flyer award
23、, but may not be imposed on any other nonrevenue pas-sengers. (d) Passengers enplaning a flight seg-ment outside of the United States are not subject to the security service fee for that enplanement. 1510.7 Air transportation advertise-ments and solicitations. A direct air carrier and foreign air ca
24、rrier must identify the security serv-ice fee imposed by this part as Sep-tember 11th Security Fee in all its ad-vertisements and solicitations for air transportation. 1510.9 Collection of security service fees. (a) The following direct air carriers and foreign air carriers must collect se-curity se
25、rvice fees from passengers en-planing: (1) A scheduled passenger or public charter passenger operation with an aircraft having passenger seating con-figuration of more than 60 seats. (2) A scheduled passenger or public charter passenger operation with an aircraft having a passenger seating configura
26、tion 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 pas-senger, to the extent provided in 1510.5, a security service fee on air transportation sold on or after Feb-ruary 1, 2002. The sec
27、urity service fee must be based on the air travel VerDate Mar2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00286 Fmt 8010 Sfmt 8010 Y:SGML220220.XXX 220220erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-277 Transport
28、ation Security Administration, DHS 1510.15 itinerary at the time the air transpor-tation is sold. Any changes by the pas-senger to the itinerary that alter the number of enplanements are subject to additional collection or refund of the security service fee by the direct air carrier or foreign air c
29、arrier as appro-priate. Direct air carriers and foreign air carriers are solely liable to TSA for additional security service fees im-posed because of involuntary enplanement changes to the itinerary. (c) Whether or not the security serv-ice fee is collected as required by this part, the direct air
30、carrier or foreign air carrier selling the air transpor-tation 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 serv-ice fees not imposed by this part. 1510.11 Handling of security service fee
31、s. (a) Direct air carriers and foreign air carriers are responsible for the safe-keeping of all security service fees from the time of collection to remit-tance. (b) Security service fees collected by a direct air carrier or foreign air car-rier are held in trust by that direct carrier for the benef
32、icial interest of the United States in paying for the costs of providing civil aviation security serv-ices described in 49 U.S.C. 44940. The di-rect air carrier or foreign air carrier holds neither legal nor equitable inter-est in the security service fees except for the right to retain any accrued
33、in-terest on the principal amounts col-lected 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 d
34、isclose in their finan-cial statements the existence and the amount of security service fee held in trust. 1510.13 Remittance of security serv-ice 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 Ad-
35、ministrator, 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 col-lected between the date of collection and the date the fee is remitted to TSA in accordance with paragraph (
36、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 re-mitting the passenger security service fees. (d) Security service fees are payable to the Transportation Security Ad-mini
37、stration in U.S. currency and drawn on a U.S. bank. (1) Fees of $1,000 or more must be re-mitted 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 respons
38、ible for paying any bank processing charges on the secu-rity service fees collected or remitted under this part when such charges are assessed on the U.S. government. 1510.15 Accounting and auditing re-quirements. (a) Direct air carriers and foreign air carriers must establish and maintain an accoun
39、ting system to account for the security service fees imposed, col-lected, refunded and remitted. The ac-counting records must identify the air-ports at which the passengers were en-planed. (b) Each direct air carrier and foreign air carrier that collects security serv-ices fees from more than 50,000
40、 pas-sengers 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 account-ant and may be of limited scope. The accountant must express an opin
41、ion on the fairness and reasonableness of the direct air carriers and foreign air car-riers procedures for collecting, hold-ing, and remitting the fees. The opin-ion must also address whether the quarterly reports required in 1510.17 VerDate Mar2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00287 F
42、mt 8010 Sfmt 8010 Y:SGML220220.XXX 220220erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-278 49 CFR Ch. XII (10110 Edition) 1510.17 fairly represent the net transactions in the security service fee accounts. 1510.17 Re
43、porting 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
44、 carrier involved; (2) The total amount of September 11th Security Fees imposed on pas-sengers 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. cur-rency by the direct air carrier or for-eign air ca
45、rrier 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 dur-ing the previous quarter of the cal-endar year; and (5) The total amount of Septem
46、ber 11th Security Fees remitted in U.S. currency by the direct air carrier or foreign air carrier for each month dur-ing the previous quarter of the cal-endar year. (c) The report must be filed by the last day of the calendar month fol-lowing the quarter of the calendar year in which the fees were i
47、mposed. 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 rep-resentative of the Administrator, the Secretary of Transportation, the Sec-retary of Homeland Security, the In-spector Ge
48、neral of the Department of Transportation, the Inspector General of the Department of Homeland Secu-rity, 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
49、 collected and remitted con-sistent with this part. 68 FR 49720, Aug. 19, 2003 1510.21 Enforcement. A direct air carriers or foreign air carriers failure to comply with the re-quirements 49 U.S.C. 44940 or the provi-sions 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 collectable pursu-ant to 49 CFR part 89. These remed
