[Federal Register Volume 68, Number 160 (Tuesday, August 19, 2003)]
[Rules and Regulations]
[Pages 49718-49721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20927]
[[Page 49718]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
49 CFR Parts 1500, 1502, 1503, 1510, 1511, 1540, 1542, 1544, 1546,
1548, and 1550
[Docket No. TSA-2003-14702; Amendment Nos. 1500-1, 1502-1, 1503-1,
1510-3, 1511-2, 1540-5, 1542-1, 1544-4, 1546-1, 1548-1, and 1550-1]
RIN 1652-AA20
Transportation Security Administration Transition to Department
of Homeland Security; Technical Amendments Reflecting Organizational
Changes
AGENCY: Transportation Security Administration (TSA), DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Homeland Security Act of 2002 transferred the
Transportation Security Administration from the Department of
Transportation to the newly created Department of Homeland Security.
This rule makes conforming technical changes to various parts of the
Transportation Security Regulations, chapter XII of title 49,
Transportation, of the Code of Federal Regulations, revising, where
appropriate, all references to the titles, abbreviations, and acronyms
of the ``Department of Transportation'' and the ``Under Secretary of
Transportation for Security.'' This regulation also makes conforming
changes to the general definitions sections and revises TSA's address
because of TSA Headquarters' physical move to Arlington, Virginia.
Because this rule revises existing regulations to reflect
organizational changes, it has no substantive effect on the public.
DATES: Effective August 19, 2003.
FOR FURTHER INFORMATION CONTACT: Marisa Mullen, Office of the Chief
Counsel, TSA-2, Transportation Security Administration, West Building,
Floor 8, 601 South 12th Street, Arlington, VA 22202-4220; telephone
(571) 227-2706; e-mail [email protected].
SUPPLEMENTARY INFORMATION:
Availability of Rulemaking Document
You can get an electronic copy using the Internet by--
(1) Searching the Department of Transportation's electronic Docket
Management System (DMS) web page (http://dms.dot.gov/search);
(2) Accessing the Government Printing Office's web page at http://www.access.gpo.gov/su_docs/aces/aces140.html; or
(3) Visiting the TSA's Law and Policy web page at http://www.tsa.dot.gov/public/index.jsp.
In addition, copies are available by writing or calling the
individual in the FOR FURTHER INFORMATION CONTACT section. Make sure to
identify the docket number of this rulemaking.
Small Entity Inquiries
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires the TSA to comply with small entity requests for
information and advice about compliance with statutes and regulations
within the TSA's jurisdiction. Any small entity that has a question
regarding this document may contact the person listed in FOR FURTHER
INFORMATION CONTACT. Persons can obtain further information regarding
SBREFA on the Small Business Administration's web page at http://www.sba.gov/advo/laws/law_lib.html.
Background
The rule makes technical changes to various provisions of chapter
XII, title 49 (Transportation) of the Code of Federal Regulations
(CFR), mainly in response to enactment of the Homeland Security Act of
2002 (HSA), Public Law 107-296, 116 Stat. 2135 (2002). Pursuant to the
HSA, Congress established the Department of Homeland Security (DHS)
(section 101 of HSA) and directed the transfer of the Transportation
Security Administration (TSA) (section 403 of HSA) from the Department
of Transportation (DOT) to DHS. As indicated in the Department of
Homeland Security Reorganization Plan submitted on November 25, 2002,
by the President to Congress (under section 1502 of the HSA), TSA
transferred to DHS on March 1, 2003.
In addition, by March 1, TSA completed the physical move of its
headquarters facilities and personnel from Washington, DC, to
Arlington, Virginia. This rule revises any references to our location
address or mailing address, as necessary.
Justification for Immediate Adoption
This rule relates only to agency organization, procedure, and
practice. Therefore, under 5 U.S.C. 553(b)(3)(A), this rule is exempt
from notice and comment rulemaking requirements. The changes made by
the rule will have no substantive effect on the public; therefore,
under 5 U.S.C. 553(d), this rule may become effective less than 30 days
after publication in the Federal Register.
Provisions of the Final Rule
In 49 CFR, chapter XII, all references to the titles,
abbreviations, and acronyms of the ``Department of Transportation'' and
the ``Under Secretary of Transportation for Security'' are revised,
where appropriate, to read ``Department of Homeland Security'' and
``Administrator,'' respectively. In conjunction with the transfer of
TSA to DHS, the head of TSA has adopted the new title of Administrator
and has implemented conforming changes to the titles of other senior
management officials at TSA. Other organizational changes have been
made as well. Consequently, for purposes of the Transportation Security
Regulations (TSRs), the official formerly referred to as the Under
Secretary of Transportation for Security will be referred to as the
Administrator, and the official formerly referred to as the Deputy
Administrator/Chief Operating Officer will be referred to as the Deputy
Administrator. In addition, officials previously referred to as
Associate Under Secretaries will be known as Assistant Administrators
and the official previously referred to as the Deputy Chief Counsel for
Enforcement will be known as the Deputy Chief Counsel for Civil
Enforcement. The final rule makes conforming changes to the TSRs to
reflect these changes and adds a new definition of ``Administrator'' to
the general definitions sections.
This rule also revises TSA's address because of TSA Headquarters'
physical move from Washington, DC, to Arlington, Virginia. Our U.S.
mailing address will no longer be routed to TSA through the DOT
Headquarters' address at 400 Seventh Street, SW., Washington, DC. The
official address for all TSA mail (both U.S. Postal System and all
overnight mail) now is: Transportation Security Administration, 601
South 12th Street, Arlington, VA 22202-4220.
Although most references to DOT have been revised to DHS, in some
instances, most notably in Sec. Sec. 1510.19 and 1511.11, references
to DOT remain to allow DOT access to books and records related to TSA's
Civil Aviation Security Fees in order to facilitate DOT's enforcement
of its consumer protection and economic authority.
In addition, the authority citations in 49 CFR parts 1500 through
1511 and 1540 through 1550 were amended to add 49 U.S.C. 114 and 40113,
as appropriate. These citations include general agency authorities to
conduct rulemaking and issue orders that had inadvertently been left
out of previous rulemakings.
[[Page 49719]]
Collection of Information
This rule does not impose any new information collection and
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501-3520) requiring approval by the Office of Management
and Budget.
Regulatory Impact Analyses
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866, Regulatory Planning and Review,
directs each Federal agency to propose or adopt a regulation only upon
a reasoned determination that the benefits of the intended regulation
justify its costs. Second, the Regulatory Flexibility Act of 1980 (5
U.S.C. 601-612) requires agencies to analyze the economic impact of
regulatory changes on small entities. Third, the Office of Management
and Budget directs agencies to assess the effect of regulatory changes
on international trade. Fourth, the Unfunded Mandates Reform Act of
1995 (2 U.S.C. 1531-1538) requires agencies to prepare a written
assessment of the costs, benefits, and other effects of proposed or
final rules that include a Federal mandate likely to result in the
expenditure by State, local, or tribal governments, in the aggregate,
or by the private sector, of $100 million or more annually (adjusted
for inflation.)
Executive Order 12866 Assessment
In conducting these analyses, TSA has determined this rulemaking is
not a ``significant regulatory action'' as defined in section 3(f) of
the Executive Order as this rule involves internal agency practices and
procedures and non-substantive changes to rules of procedure and will
not impose any costs on the public. Therefore, it does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order, nor does it require a review by the Office of Management
and Budget.
Regulatory Flexibility Act Assessment
The Regulatory Flexibility Act (RFA) of 1980 requires that agencies
perform a review to determine whether a proposed or final rule will
have a significant economic impact on a substantial number of small
entities. If the determination is that it will, the agency must prepare
a regulatory flexibility analysis as described in the RFA. For purposes
of the RFA, small entities include small businesses, not-for-profit
organizations, and small governmental jurisdictions. Individuals and
States are not included in the definition of a small entity.
The RFA does not apply to this rule and we are not preparing an
analysis for the Act, since under 5 U.S.C. 553, TSA is not required to
publish an NPRM for a rule that relates to agency management,
procedures, and practice. However, because this rule will not impose
any costs on the public, we have determined and certify that this rule
does not have a significant economic impact on a substantial number of
small entities.
International Trade Impact Assessment
The Trade Agreement Act of 1979 prohibits Federal agencies from
establishing any standards or engaging in related activities that
create unnecessary obstacles to the foreign commerce of the United
States. Legitimate domestic objectives, such as safety, are not
considered unnecessary obstacles. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards. The TSA has assessed the
potential effect of this rulemaking and has determined that it will
have no effect on any trade-sensitive activity and will not constitute
a barrier to international trade.
Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 is intended, among other
things, to curb the practice of imposing unfunded Federal mandates on
State, local, and tribal governments. Title II of the Act requires each
Federal agency to prepare a written statement assessing the effects of
any Federal mandate in a proposed or final agency rule that may result
in a $100 million or more expenditure (adjusted annually for inflation)
in any one year by State, local, and tribal governments, in the
aggregate, or by the private sector; such a mandate is deemed to be a
``significant regulatory action.''
This rulemaking does not contain such a mandate. The requirements
of Title II of the Act, therefore, do not apply and the TSA has not
prepared a statement under the Act.
Executive Order 13132, Federalism
The TSA has analyzed this proposed rule under the principles and
criteria of Executive Order 13132, Federalism. We determined that this
action would not have a substantial direct effect on the States, on the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government, and therefore would not have federalism implications.
Environmental Analysis
TSA has reviewed this action for purposes of the National
Environmental Review Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4347)
and has determined that this action will not have a significant effect
on the human environment.
Energy Impact
The energy impact of this rule has been assessed in accordance with
the Energy Policy and Conservation Act (EPCA), Public Law 94-163, as
amended (42 U.S.C. 6362). It has been determined that this rule is not
a major regulatory action under the provisions of the EPCA.
List of Subjects
49 CFR Part 1500
Air carriers, Aircraft, Airports, Law enforcement officers,
Reporting and recordkeeping requirements, Security measures.
49 CFR Part 1502
Authority delegations (Government agencies), Government employees,
Organization and functions (Government agencies).
49 CFR Part 1503
Administrative practice and procedure, Investigations, Law
enforcement, Penalties, Transportation.
49 CFR Part 1510
Accounting, Auditing, Air carriers, Air transportation,
Enforcement, Federal oversight, Foreign air carriers, Reporting and
recordkeeping requirements, Security measures.
49 CFR Part 1511
Accounting, Auditing, Air carriers, Air transportation,
Enforcement, Federal oversight, Foreign air carriers, Reporting and
recordkeeping requirements, Security measures.
49 CFR Part 1540
Air carriers, Aircraft, Airports, Law enforcement officers,
Reporting and recordkeeping requirements, Security measures.
49 CFR Part 1542
Air carriers, Aircraft, Aviation safety, Security measures.
49 CFR Part 1544
Air carriers, Aircraft, Aviation safety, Freight forwarders,
Incorporation by reference, Reporting and recordkeeping requirements,
Security measures.
[[Page 49720]]
49 CFR Part 1546
Aircraft, Aviation safety, Foreign air carriers, Incorporation by
reference, Reporting and recordkeeping requirements, Security measures.
49 CFR Part 1548
Air transportation, Reporting and recordkeeping requirements,
Security measures.
49 CFR Part 1550
Aircraft, Security measures.
The Amendment
0
In consideration of the foregoing, the Transportation Security
Administration amends Chapter XII of Title 49, Code of Federal
Regulations, as follows:
0
1. Revise the heading for chapter XII to read as follows:
CHAPTER XII--TRANSPORTATION SECURITY ADMINISTRATION, DEPARTMENT OF
HOMELAND SECURITY
0
2. In 49 CFR chapter XII, revise all references to ``Under Secretary of
Transportation for Security'' to read ``Administrator''; revise all
references to ``Under Secretary of Transportation for Security's'' to
read ``Administrator's''; revise all references to ``Under Secretary''
to read ``Administrator''; revise all references to ``Under
Secretary's'' to read ``Administrator's''; and revise all references to
``Deputy Under Secretary of Transportation for Security/Chief Operating
Officer'' to read ``Deputy Administrator''.
SUBCHAPTER A--ADMINISTRATIVE AND PROCEDURAL RULES
PART 1500--APPLICABILITY, TERMS, AND ABBREVIATIONS
0
3. In part 1500, revise the authority citation to read as follows:
Authority: 49 U.S.C. 114, 5103, 40113, 44901-44907, 44913-44914,
44916-44918, 44935-44936, 44942, 46105.
0
4. In Sec. 1500.3, remove the redesignated definition of
``Administrator'', and add a new definition of ``Administrator'' in
alphabetical order to read as follows:
Sec. 1500.3 Terms and abbreviations used in this chapter.
* * * * *
Administrator means the Under Secretary of Transportation for
Security identified in 49 U.S.C. 114(b) who serves as the Administrator
of the Transportation Security Administration.
* * * * *
PART 1502--ORGANIZATION, FUNCTIONS, AND PROCEDURES
0
5. In part 1502, revise the authority citation to read as follows:
Authority: 5 U.S.C. 3345, 49 U.S.C. 114, 40113, 44901-44907,
44913-44914, 44916-44920, 44935-44936, 44942, 46101-46105, 45107,
46110.
PART 1503--INVESTIGATIVE AND ENFORCEMENT PROCEDURES
0
6. In part 1503, revise the authority citation to read as follows:
Authority: 18 U.S.C. 6002; 28 U.S.C. 2461 (note); 49 U.S.C. 114,
40113-40114, 44901-44907, 46101-46107, 46109-46110, 46301, 46305,
46311, 46313-46314.
0
7. In part 1503, revise all references to ``Deputy Chief Counsel for
Enforcement'' to read ``Deputy Chief Counsel for Civil Enforcement''.
Sec. 1503.3 [Amended]
0
8. In Sec. 1503.3(b), remove the word ``Associate'' from wherever it
appears in the paragraph, and add in its place, the word ``Assistant''.
Sec. Sec. 1503.5, 1503.16, 1503.209, 1503.210, 1503.230, and
1503.233 [Amended]
0
9. In Sec. Sec. 1503.5(b)(2), 1503.16(f), 1503.209(b), 1503.210(a),
and 1503.233(a), remove the words ``Department of Transportation'' and
add in their place, the words ``Department of Homeland Security''.
0
10. In Sec. Sec. 1503.5(k), 1503.5(k)(2)(C)(ii), 1503.209(b),
1503.210(a), and 1503.230(b)(2)(C)(ii), remove the words ``GSA
Building, Room 5008, 301 Seventh Street SW., Washington, DC 20407'',
and add in their place, the words ``TSA Headquarters, Visitor Center,
701 South 12th Street, Arlington, Virginia 22202''.
0
11. In Sec. Sec. 1503.209(b), and 1503.233(a), remove the question
mark symbol ``?'', from wherever it appears in the paragraph.
PART 1510--PASSENGER CIVIL AVIATION SECURITY SERVICE FEES
0
12. In part 1510, revise the authority citation to read as follows:
Authority: 49 U.S.C. 114, 40113, and 44940.
0
13. In Sec. 1510.3, remove the redesignated definition of
``Administrator'', and add a new definition of ``Administrator'' in
alphabetical order to read as follows:
Sec. 1510.3 Definitions.
* * * * *
Administrator means the Administrator of the Transportation
Security Administration or the Administrator's designee.
* * * * *
0
14. In Sec. 1510.19, revise the text to read as follows:
Sec. 1510.19 Federal oversight.
Direct air carriers and foreign air carriers must allow any
authorized representative of the Administrator, the Secretary of
Transportation, the Secretary of Homeland Security, the Inspector
General of the Department of Transportation, the Inspector General of
the Department of Homeland Security, or the Comptroller General of the
United States to audit or review any of its books and records and
provide any other information necessary to verify that the security
service fees were properly collected and remitted consistent with this
part.
PART 1511--AVIATION SECURITY INFRASTRUCTURE FEE
0
15. In part 1511, revise the authority citation to read as follows:
Authority: 49 U.S.C. 114, 40113, 44901, and 44940.
0
16. In Sec. 1511.3, remove the redesignated definition of
``Administrator'', and add a new definition of ``Administrator'' in
alphabetical order to read as follows:
Sec. 1511.3 Definitions.
* * * * *
Administrator means the Administrator of the Transportation
Security Administration or the Administrator's designee.
* * * * *
0
17. In Sec. 1511.11, revise paragraph (a) introductory text to read as
follows:
Sec. 1511.11 Federal oversight.
(a) Upon request, air carriers and foreign air carriers must allow
any authorized representative of the Administrator, the Secretary of
Transportation, the Secretary of Homeland Security, the Inspector
General of the Department of Transportation, the Inspector General of
the Department of Homeland Security, or the Comptroller General of the
United States to audit or review any of the books and records and
provide any other information necessary to verify that:
* * * * *
[[Page 49721]]
SUBCHAPTER C--CIVIL AVIATION SECURITY
PART 1540--CIVIL AVIATION SECURITY: GENERAL RULES
0
18. In part 1540, revise the authority citation to read as follows:
Authority: 49 U.S.C. 114, 5103, 40113, 44901-44907, 44913-44914,
44916-44918, 44935-44936, 44942, 46105.
0
19. In Sec. 1540.115(b), remove the redesignated definition of
``Administrator'', and add a new definition of ``Administrator'' in
alphabetical order to read as follows:
Sec. 1540.115 Threat assessments regarding citizens of the United
States holding or applying for FAA certificates, ratings, or
authorizations.
* * * * *
(b) * * *
Administrator means the Administrator of the Transportation
Security Administration.
* * * * *
PART 1542--AIRPORT SECURITY
0
20. In part 1542, revise the authority citation to read as follows:
Authority: 49 U.S.C. 114, 5103, 40113, 44901-44905, 44907,
44913-44914, 44916-44917, 44935-44936, 44942, 46105.
PART 1544--AIRCRAFT OPERATOR SECURITY: AIR CARRIERS AND COMMERCIAL
OPERATORS
0
21. In part 1544, revise the authority citation to read as follows:
Authority: 49 U.S.C. 114, 5103, 40113, 44901-44905, 44907,
44913-44914, 44916-44918, 44932, 44935-44936, 44942, 46105.
PART 1546--FOREIGN AIR CARRIER SECURITY
0
22. In part 1546, revise the authority citation to read as follows:
Authority: 49 U.S.C. 114, 5103, 40113, 44901-44905, 44907,
44914, 44916-44917, 44935-44936, 44942, 46105.
PART 1548--INDIRECT AIR CARRIER SECURITY
0
23. In part 1548, revise the authority citation to read as follows:
Authority: 49 U.S.C. 114, 5103, 40113, 44901-44905, 44913-44914,
44916-44917, 44932, 44935-44936, 46105.
PART 1550--AIRCRAFT SECURITY UNDER GENERAL AVIATION OPERATING AND
FLIGHT RULES
0
24. In part 1550, revise the authority citation to read as follows:
Authority: 49 U.S.C. 114, 5103, 40113, 44901-44907, 44913-44914,
44916-44918, 44935-44936, 44942, 46105.
Issued in Arlington, Virginia, on August 11, 2003.
James M. Loy,
Administrator.
[FR Doc. 03-20927 Filed 8-18-03; 8:45 am]
BILLING CODE 4910-62-P