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Federal Register / Vol. 67, No.

60 / Thursday, March 28, 2002 / Rules and Regulations 14879

DEPARTMENT OF TRANSPORTATION statement is made: ‘‘Comments to document may contact the individuals
Docket No. TSA–2001–11120.’’ The post listed under the caption FOR FURTHER
Transportation Security Administration card will be date stamped and mailed to INFORMATION CONTACT.
the sender. Comments also may be sent
49 CFR Part 1510 Background
electronically to the Dockets
[Docket No. TSA–2001–11120] Management System (DMS) at: http:// On December 31, 2001, TSA at any time. Those who published an interim final rule that
RIN 2110–AA01 wish to file comments electronically imposes a $2.50 fee on each air carrier
should follow the instructions on the passenger enplanement in order to help
Imposition and Collection of DMS Web site. pay for the Federal government’s costs
Passenger Civil Aviation Security in providing aviation security services.
Service Fees; Amendment; Reopening See 66 FR 67698 (to be codified at 49
of Comment Period. guidance involving technical matters: A.
Thomas Park, Acting Deputy Chief CFR part 1510). Passengers may not be
AGENCY: Transportation Security Financial Officer, Department of charged for more than two
Administration, DOT. Transportation, Office of the Secretary, enplanements per one-way trip or more
ACTION: Interim final rule; amendment; Office of the Assistant Secretary for than four enplanements per round trip.
reopening of comment period. Budget and Programs, 400 Seventh St., The fee, commonly referred to as the
SW., Room 10101, Washington, DC September 11th Security Fee, was
SUMMARY: On December 31, 2001, the 20590; telephone (202) 366–9192. For authorized in the landmark Aviation
Transportation Security Administration other guidance: Rita M. Maristch, and Transportation Security Act, which
(TSA) published an interim final rule on Department of Transportation, Office of was signed into law by President Bush
the imposition and collection of the General Counsel, Office of on November 19, 2001. Public Law
Passenger Civil Aviation Security Environmental, Civil Rights and General 107–71. The September 11th Security
Service Fees (September 11th Security Law, 400 Seventh St., SW., Room 10102, Fees will help pay for passenger and
Fees). The comment period closed on Washington, DC 20590; telephone (202) baggage screeners, security managers
March 1, 2002. Since that time, 366–9161. Office hours are from 9 a.m. and law enforcement personnel at
however, TSA has tentatively to 5:30 p.m., e.t. Monday through airports, and other aviation security
determined that some of the data direct Friday, except Federal holidays. efforts, such as the purchase of
air carriers and foreign air carriers are explosive detection systems.
required to submit in the quarterly According to the interim final rule,
reports pursuant to § 1510.17 of the Availability of the Interim Final Rule direct air carriers, both domestic and
interim final rule may be overinclusive. and Comments Received foreign, were required to begin
This action amends the requirements An electronic copy of this document collecting the September 11th Security
under § 1510.17(b) and (c) and reopens may be downloaded using a modem and Fee for enplanements originating from
the comment period solely with respect suitable communications software from U.S. airports beginning February 1,
to those paragraphs until April 30, 2002. the Government Printing Office’s 2002, and transmitting them to DOT’s
So that TSA may review and consider Electronic Bulletin Boards Service at newly established TSA. In addition, the
all comments received on this action, (202) 512–1661. Internet users may interim final rule at § 1510.17 requires
the first quarterly report due by April reach the Federal Register’s Home Page direct air carriers and foreign air carriers
30, 2002, need not be submitted until at: and the to submit quarterly reports to TSA.
July 31, 2002, i.e., the same date the Government Printing Office’s database More specifically, § 1510.17(b) requires
second quarterly report is due. TSA at: that the quarterly reports state the direct
intends to provide a form for the data Internet users can access this air carrier or foreign air carrier involved,
required in the quarterly reports and document and all comments received by the total security service fee imposed,
will publish the form together with TSA through DOT’s docket management collected, refunded and remitted, the
guidance in the Federal Register and on system Web site, It number of enplanements for which a fee
DOT’s Web site prior to July 31, 2002. is available 24 hours each day, 365 days was collected, the total number of
DATES: This amendment to the interim each year. Please follow the instructions frequent flyer and nonrevenue
final rule is effective on March 28, 2002. online for more information and help. passengers, and the total number of
Comments only with respect to this enplanements for which the fee was not
action, which amends the reporting Small Entity Inquiries collected. The reports must explain why
requirements under § 1510.17 of the The Small Business Regulatory any fee imposed under 49 CFR part
interim final rule, will be accepted Enforcement Fairness Act (SBREFA) of 1510 was not collected.
through April 30, 2002. 1996 requires TSA to comply with small Since the publication of the interim
ADDRESSES: Submit written, signed entity requests for information and final rule, TSA has had an opportunity
comments only with respect to this advice about compliance with statutes to review the data to be included in the
action to TSA Docket No. 2001–11120, and regulations within TSA’s quarterly report and tentatively believes
the Docket Clerk, U.S. DOT Dockets, jurisdiction. However, because TSA was that some of the data may be
Room PL–401, 400 Seventh Street, SW., established on November 19, 2001, overinclusive. Based on its review, TSA
Washington, DC 20590–0001. All pursuant to Aviation and Transportation believes that the following data would
comments received will be available for Security Act, Public Law 107–71, it does provide the necessary information it
examination at the above address not yet have the infrastructure or seeks and therefore amends § 1510.17(b)
between 9 a.m. and 5 p.m., e.t., Monday personnel to provide such information to require that all quarterly reports state:
through Friday, except Federal holidays. and guidance. Until such time that it (1) The direct air carrier or foreign air
Those desiring notification of receipt of does, the Office of the Secretary of carrier involved;
comments must include a self- Transportation will handle all SBREFA (2) The total amount of September
addressed, stamped envelope or inquiries. Accordingly, any small entity 11th Security Fees imposed on
postcard on which the following that has a question regarding this passengers in U.S. currency for each

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14880 Federal Register / Vol. 67, No. 60 / Thursday, March 28, 2002 / Rules and Regulations

month during the previous quarter of Paperwork Reduction Act Regulatory Flexibility Act does not
the calendar year; apply.
(3) The net amount of September 11th On January 31, 2002, TSA published OMB has reviewed this rulemaking
Security Fees collected in U.S. currency a notice in the Federal Register action under the provisions of section
by the direct air carrier or foreign air announcing that it had submitted a 6(a)(3)(D) Executive Order 12866.
carrier for each month during the request for emergency processing of a
public information collection to the Executive Order 13132, Federalism
previous quarter of the calendar year;
(4) The total amount of September Office of Management and Budget TSA has analyzed this amendment to
11th Security Fees refunded in U.S. (OMB) regarding the quarterly reporting its interim final rule published on
currency by the direct air carrier or requirements in § 1510.17 of the interim December 31, 2001, under the principles
foreign air carrier for each month during final rule. On that same date, OMB and criteria of Executive Order 13132,
the previous quarter of the calendar approved the information collection Federalism. TSA has determined that
year; and contained in the interim final rule and the interim final rule, as amended, will
(5) The total amount of September assigned it OMB control number 2110– not have a substantial direct effect on
11th Security Fees remitted in U.S. 0001. This collection of information is the States, or the relationship between
currency by the direct air carrier or approved through July 31, 2002. See 67 the national Government and the States,
foreign air carrier for each month during FR 7582, February 19, 2002. TSA has or on the distribution of power and
the previous quarter of the calendar determined that this action, which responsibilities among the various
year. amends § 1510.17 of the interim final levels of government. Therefore, TSA
This interim final rule also amends rule, will reduce the collection of has determined that this rulemaking
§ 1510.17(c) to reflect that direct air information burdens originally required action does not have federalism
carriers and foreign air carriers must by that section and approved by OMB. implications.
submit their reports to TSA on the last Therefore, it is not necessary for TSA to
apply to OMB for additional emergency Unfunded Mandates Reform Act
day of the calendar month following the
quarter of the calendar year in which approval with respect to this action, but The Unfunded Mandates Reform Act
the fees were imposed. prior to July 31, 2002, TSA will apply of 1995 (the Act), enacted as Public Law
TSA will consider public comment for a three-year extension as well as 104–4 on March 22, 1995, is intended,
through April 30, 2002, solely with approval of the information collection among other things, to curb the practice
respect to § 1510.17(b) and (c), as form it is developing. Interested parties of imposing unfunded Federal mandates
amended. Given this fact, TSA has are invited to send comments regarding on State, local, and tribal governments.
determined that the first quarterly any aspect of the information collection Title II of the Act requires each Federal
report, which, according to the rule, is requirements, including, but not limited agency to prepare a written statement
due by April 30, 2002, must now be to: (1) Whether the collection of assessing the effects of any Federal
submitted together with, or prior to, the information is necessary for the mandate in a proposed or final agency
second quarterly report for this calendar performance of TSA, including whether rule that may result in a $100 million or
year, which is due by July 31, 2002. the information has practical utility; (2) more expenditure (adjusted annually for
TSA intends to provide a form for the the accuracy of the estimated burden inflation) in any one year by State, local,
data required in the quarterly reports that DOT has provided to OMB; (3) and tribal governments, in the aggregate,
and will publish the form together with ways to enhance the quality, utility, and or by the private sector.
guidance in the Federal Register and on clarity of the collection of information, The requirements of Title II of the Act
DOT’s Web site prior to July 31, 2002. and (4) ways to minimize the collection do not apply when rulemaking actions
burden without reducing the quality of are taken without the issuance of a
Good Cause for Immediate Adoption the information collected. notice of proposed rulemaking.
Section 44940(d)(1) of title 49, U.S.C., Economic Analyses Accordingly, the TSA has not prepared
explicitly exempts the imposition of the a statement under the Act.
civil aviation security service fees This rulemaking action is taken in an
Environmental Review
authorized in section 44940 from the emergency situation within the meaning
procedural rulemaking notice and of Section 6(a)(3)(D) of Executive Order TSA has reviewed this action for
comment procedures set forth in 5 12866, Regulatory Planning and Review. purposes of the National Environmental
U.S.C. 553. Apart from that exemption, It also is considered an emergency Policy Act of 1969 (42 U.S.C. 4321–
it would have been impractical and regulation under Paragraph 11g of the 4347) and has determined that this
contrary to the public interest to provide Department’s Regulatory Policies and action will not have a significant effect
for notice and comment before issuing Procedures. In addition, it is a on the human environment.
the interim final rule on December 31, significant rule within the meaning of
Energy Impact
2002. Immediate action was necessary the Executive Order and Department’s
to begin collecting the security service policies and procedures because it may The energy impact of this rule has
fees provided for by the statute. impose significant costs on air carriers been assessed in accordance with the
However, TSA sought comments on the and foreign air carriers. An assessment Energy Policy and Conservation Act
interim final rule through March 1, 2002 in accordance with the Executive Order (EPCA) Public Law 94–163, as amended.
and is in the process of reviewing those will be conducted in the future. No (42 U.S.C. 6362). It has been determined
comments. In the meantime, TSA seeks additional regulatory analysis or that this rule is not a major regulatory
comments on this action amending the evaluation accompanies this rule. TSA action under the provisions of the
reporting requirements under § 1510.17 has not assessed whether this rule will EPCA.
through April 30, 2002, but will have a significant economic impact on
List of Subjects in 49 CFR Part 1510
consider comments filed late to the a substantial number of small entities as
extent practicable. TSA may further defined in the Regulatory Flexibility Act Accounting, Auditing, Air carriers,
amend the interim final rule in light of of 1980. When no notice of proposed Air transportation, Enforcement, Federal
the comments it receives. rulemaking has first been published, the oversight, Foreign air carriers, Reporting

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Federal Register / Vol. 67, No. 60 / Thursday, March 28, 2002 / Rules and Regulations 14881

and recordkeeping requirements, (c) The report must be filed by the last ADDRESSES: Expressions of interest
Security measures. day of the calendar month following the regarding the U.S. effort allocation and
Issued in Washington, DC, on March 25, quarter of the calendar year in which quota allocations should be made in
2002. the fees were imposed. writing to Patrick E. Moran in the NMFS
John W. Magaw, [FR Doc. 02–7652 Filed 3–26–02; 2:29 pm]
Office of Sustainable Fisheries, at 1315
Under Secretary of Transportation for East-West Highway, Silver Spring,
Security. Maryland 20910 (phone: 301–713–2276,
Accordingly, part 1510 of Title 49 fax: 301–713–2313, e-mail:
CFR is amended as follows:
Information relating to NAFO fish
PART 1510—PASSENGER CIVIL quotas, NAFO Conservation and
National Oceanic and Atmospheric
AVIATION SECURITY SERVICE FEES Enforcement Measures, and the High
1. The authority citation for part 1510 Seas Fishing Compliance Act (HSFCA)
continues to read as follows: 50 CFR Part 300 Permit is available from Jennifer L.
Anderson at the NMFS Northeast
Authority: 49 U.S.C. 44940. [I.D. 031902D] Regional Office at One Blackburn Drive,
2. Paragraphs (b) and (c) of § 1510.17 Gloucester, Massachusetts 01930
Notification of U.S. Fish Quotas and an (phone: 978–281–9226, fax: 978–281–
are revised to read as follows: Effort Allocation in the Northwest 9394, e-mail:
§ 1510.17 Reporting requirements. Atlantic Fisheries Organization (NAFO) and from
* * * * * Regulatory Area NAFO on the World Wide Web at
(b) Quarterly reports must state: AGENCY: National Marine Fisheries
(1) The direct air carrier or foreign air Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Patrick E. Moran, 301–713–2276.
(2) The total amount of September
11th Security Fees imposed on SUPPLEMENTARY INFORMATION:
passengers in U.S. currency for each ACTION: Notification of U.S. fish quotas
month during the previous quarter of and an effort allocation. Background
the calendar year;
SUMMARY: NMFS announces that fish NAFO has established and maintains
(3) The net amount of September 11th
Security Fees collected in U.S. currency quotas and an effort allocation are conservation measures in its Regulatory
by the direct air carrier or foreign air available for harvest by U.S. fishermen Area that include one effort limitation
carrier for each month during the in the NAFO Regulatory Area. This fishery as well as fisheries with total
previous quarter of the calendar year; action is necessary to make available to allowable catches (TACs) and member
(4) The total amount of September U.S. fishermen a fishing privilege on an nation quota allocations. The principal
11th Security Fees refunded in U.S. equitable basis. species managed are cod, flounder,
currency by the direct air carrier or DATES: All fish quotas and the effort redfish, American plaice, halibut,
foreign air carrier for each month during allocation are effective March 28, 2002, capelin, shrimp, and squid. At the 2002
the previous quarter of the calendar through December 31, 2002. Expressions NAFO Special Meeting, the United
year; and of interest regarding U.S. fish quota States received fish quota allocations for
(5) The total amount of September allocations for all species except 3L three NAFO stocks and an effort
11th Security Fees remitted in U.S. shrimp will be accepted throughout allocation for one NAFO stock to be
currency by the direct air carrier or 2002. Expressions of interest regarding fished during 2002. The species,
foreign air carrier for each month during the U.S. 3L shrimp quota allocation and location, and allocation (in metric tons
the previous quarter of the calendar the 3M shrimp effort allocation will be or effort) of these U.S. fishing
year. accepted through April 29, 2002. opportunities are as follows:

(1) Redfish NAFO Division 3M 69 mt
(2) Squid NAFO Subareas 3 & 4 453 mt
(3) Shrimp NAFO Division 3L 67 mt
(4) Shrimp NAFO Division 3M 1 vessel/100 days

U.S. Fish Quota Allocations addition, any available information on multispecies on board the vessel or
intended target species and time of landing multispecies in U.S. ports that
All U.S. fish quota allocations in fishing operations should be included. If were caught while fishing in the NAFO
NAFO are available to be taken by U.S. necessary to ensure equitable access by Regulatory Area, provided:
vessels in possession of a valid HSFCA U.S. vessel owners, NMFS may need to (1) The vessel operator has a letter of
permit, which is available from the promulgate regulations designed to authorization on board the vessel issued
NMFS Northeast Regional Office (see choose one or more U.S. applicants from by the Regional Administrator;
ADDRESSES). All expressions of interest among expressions of interest. (2) For the duration of the trip, the
should be directed in writing to Patrick Note that vessels issued valid HSFCA vessel fishes exclusively in the NAFO
E. Moran in the NMFS Office of permits under 50 CFR part 300 are Regulatory Area and does not harvest
Sustainable Fisheries (see DATES and exempt from multispecies permit, mesh fish in, or possess fish harvested in or
ADDRESSES). Letters of interest from U.S. size, effort-control, and possession limit from, the U.S. EEZ;
vessel owners should include the name, restrictions, specified in 50 CFR parts (3) When transiting the U.S. EEZ, all
registration and home port of the 648.4, 648.80, 648.82 and 648.86, gear is properly stowed in accordance
applicant vessel as required by NAFO in respectively, while transiting the U.S. with one of the applicable methods
advance of fishing operations. In exclusive economic zone (EEZ) with specified in § 648.23(b); and

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