[Federal Register Volume 73, Number 244 (Thursday, December 18, 2008)]
[Notices]
[Pages 77045-77047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30045]
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DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
[Docket No. TSA-2008-0021]
Public Meetings on Large Aircraft Security Program, Other
Aircraft Operator Security Program, and Airport Operator Security
Program
AGENCY: Transportation Security Administration, DHS.
ACTION: Notice of public meetings and requests for comments.
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SUMMARY: This notice provides the time and location of public meetings
that will be held by the Transportation Security Administration (TSA)
regarding the Notice of Proposed Rulemaking entitled ``Large Aircraft
Security Program, Other Aircraft Operator Security Program, and Airport
Operator Security Program'' (LASP NPRM), which was published in the
Federal Register on October 30, 2008 (73 FR 64790).
DATES: The public meetings will be on January 6, 2009, in White Plains,
NY; January 8, 2009, in Atlanta, GA; January 16, 2009, in Chicago, IL;
January 23, 2009 in Burbank, CA; and January 28, 2009 in Houston, TX.
The meetings will begin at 9 a.m., and registration will start at 8
a.m. All interested persons may provide written comments, which must be
received in the public docket by February 27, 2009.
ADDRESSES: The public meetings will be held at the following locations:
(1) White Plains, NY: Westchester County Airport (HPN), Building 1
Airport Road, White Plains, NY 10604;
(2) Atlanta, GA: Renaissance Concourse Hotel Atlanta Airport, One
Hartsfield Centre Parkway, Atlanta, GA 30354;
(3) Chicago, IL: Crowne Plaza Chicago O'Hare Hotel & Conference
Center, 5440 North River Road, Rosemont, IL 60018;
(4) Burbank, CA: Burbank Airport Marriott Hotel & Convention
Center, 2500 North Hollywood Way, Burbank, CA 91505; and
(5) Houston, TX: Conference Center, Hilton Houston Hotel--North
Greenspoint, 12400 Greenspoint Drive, Houston, TX 77060.
Participants should check in with TSA staff when they arrive at the
public meeting.
All interested persons may submit comments, identified by the TSA
docket number to this document, to the Federal Docket Management System
(FDMS), a government-wide, electronic docket management system, using
any one of the following methods:
Electronically: You may submit comments through the Federal
eRulemaking portal at http://www.regulations.gov. Follow the online
instructions for submitting comments.
Mail, In Person, or Fax: Address, hand-deliver, or fax your written
comments to the Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001; Fax (202) 493-2251. The
Department of Transportation (DOT), which maintains and processes TSA's
official regulatory dockets, will scan the submission and post it to
FDMS.
See SUPPLEMENTARY INFORMATION for format and other information
about comment submissions.
FOR FURTHER INFORMATION CONTACT: Erik Jensen, Assistant General
Manager, Policy and Plans, Office of General Aviation, TSNM, TSA-28,
Transportation Security Administration, 601 South 12th Street,
Arlington, VA 02598-6028; telephone (571) 227-2401; facsimile (571)
227-2918; e-mail [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
TSA invites interested persons to participate in this public
meeting by submitting written comments, data, or views. We invite
comments relating to
[[Page 77046]]
any aspect of the LASP NPRM. The areas in particular in which TSA seeks
information and comment at the public meeting are listed below in the
``Specific Issues for Discussion'' section. We also invite comments
relating to the economic, environmental, energy, or federalism impacts
that might result from this action. See ADDRESSES above for information
on where to submit comments.
With each comment, please identify the docket number at the
beginning of your comments. TSA encourages commenters to provide their
names and addresses. The most helpful comments reference a specific
portion of the document, explain the reason for any recommended change,
and include supporting data. You may submit comments and material
electronically, in person, by mail, or fax as provided under ADDRESSES,
but please submit your comments and material by only one means. If you
submit comments by mail or delivery, submit them in an unbound format,
no larger than 8.5 by 11 inches, suitable for copying and electronic
filing.
If you would like TSA to acknowledge receipt of comments submitted
by mail, include with your comments a self-addressed, stamped postcard
on which the docket number appears. We will stamp the date on the
postcard and mail it to you.
TSA will file in the public docket all comments received by TSA,
except for comments containing confidential information and sensitive
security information (SSI).\1\ TSA will consider all comments received
on or before the closing date for comments and will consider comments
filed late to the extent practicable. The docket is available for
public inspection before and after the comment closing date.
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\1\ ``Sensitive Security Information'' or ``SSI'' is information
obtained or developed in the conduct of security activities, the
disclosure of which would constitute an unwarranted invasion of
privacy, reveal trade secrets or privileged or confidential
information, or be detrimental to the security of transportation.
The protection of SSI is governed by 49 CFR part 1520.
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Handling of Confidential or Proprietary Information and Sensitive
Security Information (SSI) Submitted in Public Comments
Do not submit comments that include trade secrets, confidential
commercial or financial information, or SSI to the public regulatory
docket. Please submit such comments separately from other comments on
the action. Comments containing this type of information should be
appropriately marked as containing such information and submitted by
mail to the address listed in FOR FURTHER INFORMATION CONTACT section.
Upon receipt of such comments, TSA will not place the comments in
the public docket and will handle them in accordance with applicable
safeguards and restrictions on access. TSA will hold documents
containing SSI, confidential business information, or trade secrets in
a separate file to which the public does not have access, and place a
note in the public docket that TSA has received such materials from the
commenter. If TSA determines, however, that portions of these comments
may be made publicly available, TSA may include a redacted version of
the comment in the public docket. If TSA receives a request to examine
or copy information that is not in the public docket, TSA will treat it
as any other request under the Freedom of Information Act (FOIA) (5
U.S.C. 552) and the Department of Homeland Security's (DHS') FOIA
regulation found in 6 CFR part 5.
Reviewing Comments in the Docket
Please be aware that anyone is able to search the electronic form
of all comments received into any of our dockets by the name of the
individual who submitted the comment (or signed the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review the applicable Privacy Act Statement published in the
Federal Register on April 11, 2000 (65 FR 19477), or you may visit
http://DocketInfo.dot.gov.
You may review TSA's electronic public docket on the Internet at
http://www.regulations.gov. In addition, DOT's Docket Management
Facility provides a physical facility, staff, equipment, and assistance
to the public. To obtain assistance or to review comments in TSA's
public docket, you may visit this facility between 9 a.m. to 5 p.m.,
Monday through Friday, excluding legal holidays, or call (202) 366-
9826. This docket operations facility is located in the West Building
Ground Floor, Room W12-140 at 1200 New Jersey Avenue, SE., Washington,
DC 20590.
Availability of Rulemaking Document
You can get an electronic copy using the Internet by--
(1) Searching the electronic Federal Docket Management System
(FDMS) Web page at http://www.regulations.gov;
(2) Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html; or
(3) Visiting TSA's Security Regulations Web page at http://www.tsa.gov and accessing the link for ``Research Center'' at the top
of the page.
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.
Background
On October 30, 2008, TSA published in the Federal Register (73 FR
64790) the Notice of Proposed Rulemaking for the Large Aircraft
Security Program, Other Aircraft Operator Security Program, and Airport
Operator Security Program. The LASP NPRM describes TSA's proposal to
enhance the security of general aviation by expanding the scope of
current requirements and by adding new requirements for certain U.S.
operators with aircraft exceeding 12,500 pounds maximum take-off weight
(MTOW) (large aircraft) and certain airports serving those aircraft.
These measures are based on the current security program that applies
to operators providing scheduled or charter services. Proposed measures
include requiring the adoption of a security program, checking
passengers against government terrorist watch lists, conducting
criminal history checks on pilots, designating a security coordinator,
and submission to an audit by an independent third party every two
years. The LASP NPRM also proposes further security measures for all-
cargo aircraft and for private charter operations with aircraft
weighing over 45,500 kilograms (100,309.3 pounds) and would require
certain airports that serve large aircraft to adopt a security program.
TSA seeks comment on the proposal described in the LASP NPRM. TSA
intends to analyze the public comments and issue a final rule.
Specific Issues for Discussion
There are several areas in particular in which TSA seeks
information and comment from the industry at the public meeting, listed
below. These key issues are intended to help focus public comments on
subjects that TSA must explore in order to complete its review of the
Large Aircraft Security Program (LASP). The comments at the meeting
need not be limited to these issues, and TSA invites comments on any
other aspect of the LASP NPRM. These are:
(1) The weight threshold of aircraft covered by the proposed rule.
(2) The phased approach in the implementation of the proposed rule
and the determination of which phase would be applicable to each large
aircraft operator.
(3) The security threat assessment (STA) requirements, including
the
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transferability of the STAs for flight crew members and whether a
proprietor, general partner, officer, director, or owner of aircraft
operators should undergo a STA.
(4) Methods for positively identifying pilots and effectively
linking them to the aircraft they are operating.
(5) The watchlist service provider (WLSP) requirement, including
comments on the WLSP's system security plan, the role that watchlist
service providers may continue to have if the responsibility for
watchlist matching shifts to the U.S. Government in the future, whether
there should be a limitation of the number of entities that would be
approved as a WSLP, and whether WLSP covered personnel should be
limited only to U.S. citizens, nationals or lawful permanent residents.
(6) Whether TSA should establish a minimum time for submission of
passenger information to the service providers, what that minimum time
should be, and the reasons supporting the suggested minimum time.
(7) Whether full program aircraft operators should be permitted to
conduct their own audit and/or watchlist matching on flights operated
under their LASP.
(8) Proposed privacy notice requirement.
(9) The third-party auditor requirement, including the
establishment of a system of assigning auditors and methods of doing
so, qualifications of auditors, and conflict of interests and
independence issues affecting an auditor.
(10) Whether certain large aircraft operators (for instance,
operators that are not carrying persons or property for compensation or
hire or with aircraft having a MTOW of more than 45,500 kg) should have
a different requirement as to what weapons are prohibited (for example,
limit the prohibited items to only guns and firearms).
(11) The requirement for security coordinator, including the use of
a single individual for multiple security coordinator roles.
(12) Whether any other types of airport should be covered by a
security program.
(13) Amendment of the partial program or the supporting program for
airports.
(14) Applicability of the proposed rule to fractional ownership
operations.
(15) Qualifications of individuals who would be exempted from
liability under the voluntary provision of emergency services.
(16) The burden estimates, estimated costs of compliance, estimates
regarding the small entities affected, and economic impact on the
newly-regulated entities.
Participation at the Meeting
The meeting is expected to begin at 9 a.m. Following an
introduction by TSA, members of the public will be invited to present
their views.
Anyone wishing to present an oral statement at the meeting must
register in person between 8 and 9 a.m. on the day of the meeting, and
provide his or her name and affiliation. Speakers should keep comments
brief and plan to speak for no more than three minutes when presenting
comments.
Public Meeting Procedures
TSA will use the following procedures to facilitate the meeting:
(1) There will be no admission fee or other charge to attend or to
participate in the meeting. The meeting will be open to all persons who
are scheduled to present statements or who register in person between 8
and 9 a.m. on the day of the meeting at the site of the public meeting.
TSA will make every effort to accommodate all persons who wish to
participate, but admission will be subject to availability of space in
the meeting room. The meeting may adjourn early if scheduled speakers
complete their statements or questions in less time than is scheduled
for the meeting.
(2) An individual, whether speaking in a personal or a
representative capacity on behalf of an organization, will be limited
to a three-minute statement and scheduled on a first-come, first-served
basis. If a large number of persons register to present comments, this
amount of time may be shortened to provide all registered persons an
opportunity to present their comments.
(3) Any speaker prevented by time constraints from speaking will be
encouraged to submit written remarks, which will be made part of the
record.
(4) For information on facilities or services for individuals with
disabilities or to request assistance at the meeting, please contact
the person listed in the FOR FURTHER INFORMATION CONTACT section above
before December 31, 2008.
(5) Representatives of TSA will preside over the meeting.
(6) The meeting will be recorded by a court reporter. A transcript
of the meeting and any material accepted by the panel during the
meeting will be included in the public docket.
(7) Statements made by TSA representatives are intended to
facilitate discussion of the issues or to clarify issues. Any statement
made during the meeting by a TSA representative is not intended to be,
and should not be construed as, a position of TSA.
(8) The meeting is designed to invite public views and gather
additional information. No individual will be subject to cross-
examination by any other participant; however, TSA representatives may
ask questions to clarify a statement.
Issued in Arlington, Virginia, on December 12, 2008.
John Sammon,
Assistant Administrator for Transportation Sector Network Management.
[FR Doc. E8-30045 Filed 12-17-08; 8:45 am]
BILLING CODE 9110-05-P