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c AO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548
B-326005
July 3, 2014
The Honorable John D. Rockefeller IV
Chairman
The Honorable John Thune
Ranking Member
Committee on Commerce, Science, and Transportation
United States Senate
The Honorable Bill Shuster
Chairman
The Honorable Nick J. Rahall II
Ranking Member
Committee on Transportation and Infrastructure
House of Representatives
Subject: Department of Homeland Security, Transportation Security Administration: Adjustment
of Passenger Civil Aviation Security Service Fee
Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Department of Homeland Security, Transportation Security Administration
(TSA) entitled Adjustment of Passenger Civil Aviation Security Service Fee (RIN: 1652-AA68).
We received the rule on June 18, 2014. It was published in the Federal Register as an interim
final rule; request for comments on June 20, 2014. 79 Fed. Reg. 35,462.
The interim final rule implements amendments to 49 U.S.C. § 44940, which authorizes TSA to
impose fees to defray the government's costs for providing civil aviation security services, such
as those related to screening personnel, screening equipment, and other specified security
services. As required by the amendments to 49 U.S.C. § 44940(c), the interim final rule
increases the security service fee to $5.60 per one-way trip.
This final rule is effective on July 21, 2014. The Congressional Review Act (CRA) requires a
60-day delay in the effective date of a major rule from the date of publication in the Federal
Register or receipt of the rule by Congress, whichever is later. 5 U.S.C. § 801(a)(3)(A).
However, notwithstanding the 60-day delay requirement, any rule that an agency for good
cause finds that notice and public procedures are impractical, unnecessary, or contrary to the
public interest is to take effect when the promulgating agency so determines. §§ 553(d)(3),
808(2). In addition, section 601(d) of the Bipartisan Budget Act of 2013, Pub. L. No. 113-67,
127 Stat. 1165 (Dec. 26, 2013), provides for implementation of the fee increase by July 1, 2014,
through publication of notice of the fee in the Federal Register, notwithstanding ... the
procedural requirements of [5 U.S.C. 553]. In order to afford industry the opportunity to make
the necessary changes to reservations systems to collect the restructured fee, TSA set an
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