Departmene of Tramportation 

VlCiorill F. Sheehan 

Commissioner 

December 7, 2015 

Mr. Randall S. Fiertz, 

THE STATE OF NEW HAMPSHIRE 

DEPARTMENT OF TRANSPORTATION 

Director, Office of Airport Compliance and Management Analysis 

Federal Aviation Administration 

800 Independence A venue 

Washington, DC 20591 

Dear Mr. Fiertz, 

William Cass, P.E. 

Assistant Commissioner 

The State of New Hampshire currently collects aviation fuel fees through an Airway Toll (aviation fuel fee). 

The following New Hampshire Revised Statutes Annotated (RSA's) outlines the manner at which the Airway 

Toll is collected. RSA 422.34 Airway Toll states: 

1 There is hereby imposed an airways toll of$. 04 per gallon upon the sale of each gallon of motor fuel or 

fuel, as defined by RSA 259:58, sold to and used in the propulsion of aircraft. The airways toll shall be subject 

to the exemptions provided for government sales by RSA 260:32. 

/1 There is hereby imposed an airways toll of$. 02 per gallon on the sale of each gallon of aviation jet fuel 

sold and used in the propulsion of aircraft. All aircraft, however, that are certified to operate under part 121 of 

the rules and regulations of the Federal Aviation Administration shall pay an airways toll of$. 005 per gallon 

on aviation jet fuel sold and used in the propulsion of aircraft. 

Ill The amount of motor fuel or fuel sold to and used in the propulsion of aircraft shall be determined by, 

and the toll shall be collected by, the director of motor vehicles, under the authority and procedure established 

by the provisions of RSA 260:30-65-a and the director of motor vehicles may further promulgate and establish 

such additional rules, regulations and procedures as the director may deem necessary in the collection and 

allocation of the airways toll provided herein. In the case of sales of fuel, the airways toll shall be collected at 

the time of the sale of such fuel, and payment made to the director in the same manner as in the case of motor 

fuel. The director shall pay monthly to the state treasurer all revenue collected in accordance with the 

foregoing provisions. 

W. The airways toll established herein shall be construed as being in lieu of the motor vehicle road tolls 

upon motor fuel used in the propulsion of aircraft. The director of motor vehicles, before paying over to the 

state treasurer revenue collected from said airways toll, shall deduct therefrom expenses of collection. 

Currently, all aviation fuel fees are collected at the state level and deposited directly into the State General 

Fund. The agency that collects the Airway Toll does not deduct administrative fees to process the revenue. 

Through the budget process, the State historically has provided more funding than what was collected from the 

JOHN 0. MORTON BUILDING • 7 HAZEN DRIVE • P.O. BOX 483 • CONCORD, NEW HAMPSHIRE 03302-0483 

TELEPHONE: 603-271-3734 • FAX: 603-271-3914 • TOO: RELAY NH 1-800-735-2964 • INTERNET: VVWvV.NHOOT.COM 
Airway Toll. The state general funded operational and capital budgets provides funding for the Department of 

Transportation, Bureau of Aeronautics and the State match (5%) for all projects funded by the Federal Aviation 

Administration (FAA) Airport Improvement Program (AlP). Revenue collected from the New Hampshire 

Airway Toll is approximately $200,000-$400,000 annually. 

State Hampshire Action Plan 

It will be necessary for the State ofNew Hampshire to amend RSA 422:34 Airway Toll to deposit all funds 

directly to a dedicated aeronautics fund. This change will require the amendment to pass through the legislative 

process of the New Hampshire General Court. If successful, the legislative process could take one to two years. 

The Department of Transportation, Bureau of Aeronautics, in consultation with the Department of Safety 

(collection agency, will make every effort to bring this legislative amendment before the NH General Court. 

::rce 

Patrick C. Herlihy 

Director of Aeronautics, Rail and Transit