(a) The following direct air carriers and foreign air carriers must collect security service fees from passengers on—
(1) A scheduled passenger or public charter passenger operation with an aircraft having passenger seating configuration of more than 60 seats.
(2) A scheduled passenger or public charter passenger operation with an aircraft having a passenger seating configuration 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 passenger, to the extent provided in § 1510.5, a security service fee on air transportation sold on or after 12:00 a.m. (Eastern Daylight Time) on July 21, 2014. The security service fee must be based on the air travel itinerary at the time the air transportation is sold. Any changes by the passenger to the itinerary are subject to additional collection or refund of the security service fee by the direct air carrier or foreign air carrier, as appropriate.
(c) Whether or not the security service fee is collected as required by this part, the direct air carrier or foreign air carrier selling the air transportation 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 service fees not imposed by this part.
[66 FR 67701, Dec. 31, 2001, as amended at 79 FR 35473, June 20, 2014]
Notes of Decisions
Harrington v. Am. Airlines, 476 F.3d 29 (1st Cir. 2007).
“22 (g)(4); 49 C.F.R. § 1510.9 . These regulations, which dictate how airlines are supposed to collect and hold the fees, are too far removed from the contracts of carriage to give rise to a colorable claim that they are incorporated as contract terms.”
United Airlines, Inc. v. TSA, 20 F.4th 57 (D.C. Cir. 2021).
· cites it 3× “” 49 C.F.R. § 1510.9 (c). Central to the case at hand, the Act provides that the TSA “may refund any fee paid by mistake or any amount paid in excess of that required.”
Alaska Airlines, Inc. v. Transp. Sec. Admin., 588 F.3d 1116 (D.C. Cir. 2009).
“The 2006 clarification interpreted 49 C.F.R. § 1510.9 , which provides that the air carrier is “solely liable to TSA for additional security service fees imposed because of involuntary enplanement changes to the itinerary” (emphasis added).”
Aidan Bevacqua v. Sw. Airlines Co. (5th Cir. 2024).
· cites it 4× “According to Plaintiffs, this provision incorporates by reference 49 C.F.R. § 1510.9 (b), which Plaintiffs argue requires airlines to refund TSA fees from cancelled reservations.”
Bevacqua v. Sw. Airlines Co (N.D. Tex. 2023).
· cites it 2× “Plaintiffs maintain that this clause expressly incorporates 49 C.F.R. § 1510.9 (b) (“§ 1510.9”). Am. Compl.”
— 49 C.F.R. § 1510.9(b) — 1 case
Aidan Bevacqua v. Sw. Airlines Co. (5th Cir. 2024).
“According to Plaintiffs, this provision incorporates by reference 49 C.F.R. § 1510.9 (b), which Plaintiffs argue requires airlines to refund TSA fees from cancelled reservations.”
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