[Federal Register Volume 67, Number 214 (Tuesday, November 5, 2002)]
[Proposed Rules]
[Pages 67382-67383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27842]
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DEPARTMENT OF TRANSPORTATION
Transportation Security Administration
49 CFR 1520, 1540, 1542, 1544, 1546, and 1548
RIN 2110-AA15 and 2110-AA16
Security of Checked Baggage on Flights Within the United States;
Certification of Screening Companies; Notice of Rulemaking Status
AGENCY: Transportation Security Administration (TSA), DOT.
ACTION: Notice of rulemaking status.
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SUMMARY: This notice provides information on the status of two notices
of proposed rulemaking (NPRMs), entitled ``Security of Checked Baggage
on Flights Within the United States'' and ``Certification of Screening
[[Page 67383]]
Companies,'' which were published by the Federal Aviation
Administration (FAA) but now are within TSA's authority as a result of
the passage of the Aviation and Transportation Security Act. On
February 22, 2002, TSA published a final rule transferring FAA's rules
governing civil aviation security to TSA. The purpose of this document
is to inform the public that TSA will take no further action on these
two NPRMs issued by FAA.
FOR FURTHER INFORMATION CONTACT: Angela Anderson, TSA-2 Chief Counsel,
Transportation Security Administration, 400 Seventh Street, SW.,
Washington, DC 20590; telephone (202) 385-1641.
SUPPLEMENTARY INFORMATION
Background
On November 19, 2001, Congress enacted Public Law 107-71, 115 Stat.
597, the Aviation and Transportation Security Act (ATSA), which
transferred authority over civil aviation security from FAA to TSA. In
section 101(f), ATSA transferred FAA's authority in Chapter 449, Title
49 United States Code (U.S.C.), to issue aviation security regulations
to TSA. On February 22, 2002, the TSA and FAA published a final rule
titled ``Civil Aviation Security Rules'' (67 FR 8340), transferring the
regulations at 14 CFR parts 107, 108, 109 and 191 to 49 CFR parts 1540,
1542, 1544, 1548 and 1520 and Sec. Sec. 129.25 and 129.26 to part
1546.
The purpose of this notice is to inform the public that TSA will
take no further action on the two outstanding FAA NPRMs described
below.
Security of Checked Baggage on Flights Within the United States
On April 19, 1999, the FAA published an NPRM titled, ``Security of
Checked Baggage on Flights Within the United States'' (64 FR 19220).
The proposed rule would have required each aircraft operator with an
FAA-approved security program to use the Computer-Assisted Passenger
Screening (CAPS) \1\ system to select passengers (selectees) whose
checked baggage would be subjected to additional security measures. The
proposed rule also would have required aircraft operators to use FAA-
certified explosives detection system (EDS) equipment, where available,
to screen selectee baggage, or conduct 100 percent passenger-to-baggage
matching (PBM). The proposed rule would have applied to each scheduled
flight segment within the United States when using aircraft having a
seating configuration of 61 or more passenger seats.
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\1\ The NPRM used the term ``Computer-Assisted Passenger
Screening'' system but the term used to describe this system has
since been changed to Computer-Assisted Passenger Prescreening
System (CAPPS).
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The FAA received 605 comments on the NPRM. These comments can be
viewed by going to the search function of the Department of
Transportation's electronic Docket Management System (DMS) Web page
(http://dms.dot.gov/search) and typing in the last four digits of the
docket number: FAA-1999-5536.
Certification of Screening Companies
On January 5, 2000, the FAA published an NPRM titled,
``Certification of Screening Companies'' (65 FR 560). The proposed rule
would have required companies that perform aviation security screening
for air carriers to be certificated by the FAA and meet enhanced
requirements. It would have increased qualifications for managers,
instructors, and screeners, and would have required the use of threat
image projection (TIP) for all X-ray and EDS equipment. The proposed
rule also would have made screening companies directly accountable to
the FAA, with air carriers continuing to oversee the operations of
their screening companies.
The FAA received 31 comments on the NPRM. These comments can be
viewed by going to the search function of the Department of
Transportation's electronic Docket Management System (DMS) Web page
(http://dms.dot.gov/search) and typing in the last four digits of the
docket number: FAA-1999-6673.
TSA Determination To Take No Further Action
The ATSA mandated sweeping changes to security requirements for the
civil aviation system, including the transfer of responsibility for
passenger and baggage screening from the private sector to the federal
government. See 49 U.S.C. 114. As a result of this change, the two
NPRMs discussed above have become obsolete.
Because the two FAA NPRMs addressed civil aviation security under
parts 108, and 129, responsibility for those proposed changes also
transferred to TSA. The Screening Company NPRM also proposed to add a
new part 111 that would have implemented requirements for screening
company security. ATSA changed the screening requirements in section
110(b), codified at 49 U.S.C. 44901(a), which now require Federal
employees to carry out the screening; and in section 108 which requires
establishment of a pilot program for some screening to be done by
private companies under contract to TSA. With all of these changes
being made TSA has no need to regulate screening companies using the
proposed rule. For TSA employees who screen, TSA will use internal
policies for screening. We will use contract provisions to govern the
screening conducted by contractors under the pilot program.
The ATSA also requires that all checked baggage, not just baggage
checked by CAPPS selectees, be inspected using explosive detection
systems. See 49 U.S.C. 44901(d), as amended by ATSA section 110(b).
Further, Federal employees must do the inspection. TSA is working to
install equipment and to hire the screeners to meet these requirements.
In addition, TSA must use CAPPS to evaluate all passengers before
boarding, not only those who are checking bags. See 49 U.S.C.
44903(i)(2). This requirement is now being met. Accordingly, the
proposals in the NPRM are obsolete, and the rule is not needed for TSA
to use CAPPS fully and effectively.
For these reasons, TSA will take no further actions on these two
NPRMs.
Issued in Washington, DC, on October 23, 2002.
Francine J. Kerner,
Chief Counsel.
[FR Doc. 02-27842 Filed 11-4-02; 8:45 am]
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