[Code of Federal Regulations]
[Title 49, Volume 8]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR1511.13]

[Page 283-292]
 
                        TITLE 49--TRANSPORTATION
 
   CHAPTER XII--TRANSPORTATION SECURITY ADMINISTRATION, DEPARTMENT OF 
                            HOMELAND SECURITY
 
PART 1511_AVIATION SECURITY INFRASTRUCTURE FEE--Table of Contents
 
Sec. 1511.13  Enforcement.

    (a) In addition to any other remedies allowed by law, willful 
falsification by any party, directly or indirectly, of information 
provided by an air carrier or foreign air carrier pursuant to this part, 
including information submitted in Appendix A as required by section 
1511.5 of this part, may be prosecuted criminally resulting in a fine 
and/or imprisonment under 18 U.S.C 1001.
    (b) An air carrier's or foreign air carrier's failure to comply with 
the requirements of 49 U.S.C. 44940 or the provisions of this part may 
result in a claim due the United States by the carrier, which claim 
shall be collectable pursuant to 31 U.S.C. Chapter 37 and the Department 
of Transportation's implementing regulations at 49 CFR part 89.

      Appendix A to Part 1511--Aviation Security Infrastructure Fee

                              Instructions

                            General guidance

    When filling out this form, the responding air carrier or foreign 
air carrier shall include all costs incurred in calendar year 2000 by 
that air carrier for the screening of passengers and property. Costs are 
those attributed to the screening of passengers and property in the 
United States for both flights within the United States and flights from

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the United States to foreign destinations. Reported costs must be 
consistent with the air carrier's financial accounting information 
reported in accordance with generally accepted accounting principles.
    Where actual costs of screening passengers and property cannot be 
directly identified through an air carrier's accounting system, the air 
carrier shall use an appropriate alternate cost assignment methodology. 
Documentation that explains and supports the assignment methodology 
used, the applicable pool and the allocation basis must be made 
available upon request. For costs related to capitalized property, 
please report the associated depreciation expense incurred during 
calendar year 2000. Capitalization policy must also be made available 
upon request.
    To the extent necessary, the reporting air carrier may aggregate 
those specific costs that have been incurred but cannot be stated in the 
detailed cost categories requested by this form. However, all of the 
costs identified by this form must be included in the total 
calculations. In addition, explanations regarding costs that have been 
aggregated need to be provided. Costs reported in Appendix A do not need 
to include costs that may have been incurred for a position higher than 
those of the air carrier's director of security (or equivalent). Costs 
incurred for higher positions, such as those of the air carrier's chief 
executive officer, do not need to be included.
    When including cost information on acquired and/or merged air 
carriers, the successor air carrier must specify the names of all of 
such entities whose calendar year 2000 passenger and property screening 
costs are included in that air carrier's submission as Appendix A.
    The costs listed below are to be in US dollars, rounded to the 
nearest dollar. Place a zero in the appropriate box to indicate cost 
categories in which the air carrier did not incur costs for passenger 
and property screening in calendar year 2000.

                            Supporting Notes

    Examples of cost types that appear in the supporting notes below are 
for illustrative purposes only and are not intended to set forth all 
relevant costs that must be reported by air carriers and foreign air 
carriers. In submitting information to TSA, air carriers and foreign air 
carriers must submit all of their relevant costs, regardless of whether 
those costs have been specifically illustrated in the notes.

                           Submission of Data

    This form will be available electronically from the Department of 
Transportation's website at www.dot.gov. Air carriers are asked to 
return the completed form by certified mail to: Chief Financial Officer, 
Transportation Security Administration, Department of Transportation, 
400 Seventh Street SW, Washington, DC 20590. Please also submit the same 
information in Microsoft Word either on a computer disk or by e-mail to 
TSA-Fees@ost.dot.gov.

                         Confidentiality of Data

    Consistent with 49 CFR Sec. 1511.5(f), information submitted in 
Appendix A is deemed to be Sensitive Security Information and will be so 
protected from public disclosure under 49 U.S.C. 40119(b). In addition, 
confidential business information and economic information provided in 
Appendix A will be protected from public disclosure, as appropriate, 
under 5 U.S.C. Sec. 552 (the Freedom of Information Act), 14 CFR Sec. 
302.12, and 18 U.S.C. Sec. 1905. Requests for confidentiality must be 
filed with the Office of the General Counsel, Department of 
Transportation (C-10), 400 Seventh Street, SW, Room 10102, Washington, 
DC 20590.

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                            Supporting Notes

    a. These are costs that the air carrier incurred directly. Includes 
costs incurred for air carrier personnel salaries and benefits, 
equipment owned, leased or rented directly by that air carrier and any 
other costs directly incurred.
    b. These are costs that the air carrier incurred through contracts 
with security firms. Includes personnel, equipment and other costs 
incurred through contracts with third party security companies.
    c. These are costs that the air carrier incurred through other 
means. Includes costs incurred through air carrier security consortiums.
    1. Salary, benefits, overtime, retirement and other costs of 
checkpoint screening personnel.

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    2. Salary, benefits, overtime, retirement and other costs of exit 
lane monitors.
    3. Salary, benefits, overtime, retirement and other costs of cargo 
screeners.
    4. Salary, benefits, overtime, retirement and other costs of checked 
baggage screeners.
    5. Salary, benefits, overtime, retirement and other costs of all 
baggage runners who move property such as baggage to and from screening 
areas.
    6. Salary, benefits, overtime, retirement and other costs of all 
supervisory personnel, including Checkpoint Screening Supervisors.
    7. All associated expensed non-labor costs including computers, 
communications equipment, time management systems, supplies, parking, 
identification badging, furniture, fixtures, and travel.
    8. All costs of performing required background investigations on all 
screening personnel and supervisors. Screening personnel and supervisors 
includes checkpoint screening personnel, exit lane monitors, cargo 
screeners, checked baggage screeners, baggage runners, and their 
supervisors.
    9. All costs incurred for the training and testing of all screening 
personnel and supervisors, including initial, recurrent and remedial 
training. Includes any computer-based training and the development of 
training programs for the screening of persons and property as well as 
any travel, room and board, and all other such expenses related to 
training.
    10. The costs of implementing and maintaining training records for 
all screening personnel and supervisors.
    11. The costs of completing evaluations for all screening personnel 
and supervisors.
    12. All costs for drug and alcohol testing as well as any associated 
counseling and/or treatment for all screening personnel and supervisors.
    13. All costs of renting, purchasing, maintaining, and/or cleaning 
of uniforms and any related equipment such as flashlights and batons for 
all screening personnel and supervisors.
    14. All costs incurred by air carriers for the use of canines and 
their handlers used for the screening of persons and property.
    15. All costs associated with obtaining security clearances for 
personnel relating to the screening of persons and property.
    16. All costs associated with the purchase, installation, and 
testing of all screening equipment. In instances where the equipment is 
capitalized, provide the depreciation expense in lieu of costs 
associated with purchase, installation, and final acceptance testing. 
This includes such equipment as Metal Detection Devices, Hand Wands, X-
ray screening machines, Explosives Trace Detection Devices, Explosives 
Detection Systems, or any other such similar technologies. Includes any 
costs incurred or depreciation costs recognized in calendar year 2000 
for the modification and/or construction of any facility needed to 
accommodate screening, including architecture and engineering. Also 
includes the costs of any refurbishment and/or modernization of the 
equipment.
    17. Costs of operating, maintaining, and calibrating installed 
screening equipment. This includes such equipment as Metal Detection 
Devices, Hand Wands, X-ray screening machines, Explosives Trace 
Detection Devices, Explosives Detection Systems, or any other such 
similar technologies. Includes such costs as test objects and X-ray 
radiation surveys, electricity costs and maintenance contract costs 
incurred for the operations of such equipment.
    18. Costs of maintaining integrity of sterile areas. Includes costs 
of opening sterile areas, emergency evacuations of sterile areas, and 
re-screenings not included elsewhere.
    19. The cost of purchase or rent, installation, testing, and 
maintenance of checkpoint signs, barriers, lane markers, and exit lane 
doors.
    20. Any additional costs for special screening such as for disabled 
passengers, VIP passengers, classified and/or high value items.
    21. All security company contract costs for the screening of persons 
and property that cannot be detailed into any other cost category.
    22. All direct costs for the real estate utilized for the screening 
of persons and property. Includes space at airports for the performance 
of these functions, as well as such space used for break rooms, private 
screening rooms, storages space, training rooms, and office space. Also 
includes appropriate space for the oversight of the screening functions 
outside of airports such as in headquarters or regional offices.
    23. All costs for utilities used for screening. Includes 
electricity, heating/ventilation/cooling, and telecommunications costs 
not elsewhere specified.
    24. All costs incurred for the Ground Security Coordinator's 
oversight of the screening functions. Includes personnel salaries, 
benefits, retirement, training, and non-labor costs.
    25. All air carrier head office, regional, or airport specific costs 
associated with the administration and oversight of screening not 
elsewhere specified. Includes personnel salaries, benefits, retirement, 
training, and non-labor costs.
    26. All costs associated with the administration and oversight of 
screening contracts. Includes personnel, benefits, retirement, training, 
and non-labor costs.
    27. All costs not elsewhere specified for background audit checks 
for all screeners and supervisors.
    28. All legal support costs incurred during calendar year 2000 
relating to aviation security screening. Includes legal assistance for

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the implementation and execution of security screening contracts.
    29. All costs for accounting and financial services incurred for the 
support of the screening functions.
    30. Includes all labor and non-labor costs for such items as human 
resource administration, clerical assistance, information technology, 
and other support functions related to screening.
    31. All insurance costs relating to screening. Includes worker's 
compensation and general liability insurance.
    32. All costs incurred by the air carriers for law enforcement 
personnel costs that were reimbursed by the air carriers for services 
performed in connection with the screening of persons and property.
    33. All costs associated with the recruitment of screening personnel 
and supervisors. Includes signing bonuses, travel, and other recruitment 
expenses.
    34. Any costs incurred for fees charged by other organizations for 
the management of contracts for the screening of persons and property.
    35. Any costs incurred not elsewhere specified during calendar year 
2000 for the screening of passengers and property. These costs should be 
itemized on a separate sheet. Includes any fines or monetary penalties 
incurred for screening as well as any profit/bonuses paid to contractors 
for screening services not included elsewhere on the form.

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