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GAO-15-128R 1 (2014-10-07)

handle is hein.gao/gaobadqqr0001 and id is 1 raw text is: G A U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-326275 October 7, 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: Cessation of the Aviation Security Infrastructure Fee (ASIF) 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 Cessation of the Aviation Security Infrastructure Fee (ASIF) (RIN: 1652-AA01). We received the rule on September 19, 2014. It was published in the Federal Register as a final rule on September 23, 2014. 79 Fed. Reg. 56,663. The final rule amends TSA's regulations to conform with the repeal of the statutory authority to impose the Aviation Infrastructure Fee on air carriers and foreign air carriers in air transportation. The Bipartisan Budget Act of 2013 repealed TSA's authority to impose the fee effective October 1, 2014.1 The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major rule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). The final rule has a stated effective time of 11:59 p.m. (Eastern Daylight Time) on September 30, 2014. The rule was received on September 19, 2014, and was published in the Federal Register on September 23, 2014. Therefore, the final rule does not have the required 60-day delay in its effective date. The 60- day delay in effective date can be waived, however, if the agency finds for good cause that delay is impracticable, unnecessary, or contrary to the public interest, and the agency incorporates a statement of the findings and its reasons in the rule issued. 5 U.S.C. §§ 553(d)(3), 808(2). TSA stated that because collection of the fee will end on October 1, 2014, 1 Pub. L. No. 113-67, §601, 127 Stat. 1165, 1187 (2013). GAO-15-128R

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