[Federal Register Volume 63, Number 92 (Wednesday, May 13, 1998)]
[Proposed Rules]
[Page 26706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12749]



[[Page 26705]]

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Part V





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 108



Certification of Screening Companies; Proposed Rule

  Federal Register / Vol. 63, No. 92 / Wednesday, May 13, 1998 / 
Proposed Rules  

[[Page 26706]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 108

[Docket No. 28852; Notice No. 97-3]
RIN 2120-AG31


Certification of Screening Companies

AGENCY: Federal Aviation Administration (FAA). DOT.

ACTION: Advanced notice of proposed rulemaking (ANPRM); withdrawal.

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SUMMARY: In early 1997, the FAA sought public comment on issues 
relating to FAA certification of screening companies and other 
enhancements to air carrier screening of passengers, property, and 
baggage. The FAA issued the advance notice in response to a 
recommendation made by the White House Commission on Aviation Safety 
and Security, and to a requirement in the Federal Aviation 
Reauthorization Act of 1996. The Reauthorization Act requires the FAA 
to certify companies providing security screening and to develop 
uniform performance standards for providing security screening 
services. The FAA is currently developing, field testing, and 
evaluating an automated screener testing system which will provide 
uniform data regarding screener performance. The FAA plans to propose 
to require performance standards as an integral part of the 
certification of screening companies rule, develop and incorporate the 
specific standards in a security program, and measure subsequent 
company performance based on the data that this system provides. 
Therefore, the FAA is withdrawing the ANPRM to allow this automated 
system to be adequately field tested and evaluated before proceeding 
with rulemaking.

DATES: This withdrawal is effective May 13, 1998.

FOR FURTHER INFORMATION CONTACT: Ms. Kris Mason, Office of Civil 
Aviation Security Policy and Planning, ACP-100, Federal Aviation 
Administration, 800 Independence Avenue, S.W., Washington, DC 20591, 
telephone (202) 267-8184.

SUPPLEMENTARY INFORMATION:

Background

    Following the tragic cash of TWA 800 on July 17, 1996, the 
President created the White House Commission on Aviation Safety and 
Security (the Commission). The Commission issued an initial report on 
September 9, 1996, with 20 specific recommendations for improving 
security, one of which was the development of uniform performance 
standards for the selection, training, certification, and 
recertification of screening companies and their employees.
    On October 9, 1996, the President signed the Federal Aviation 
Reauthorization Act of 1996, Pub. L. 104-264 (the Act). Section 302 
provides:

    The Administrator of the Federal Aviation Administration is 
directed to certify companies providing security screening and to 
improve the training and testing of security screeners through 
development of uniform performance standards for providing security 
screening services.

Discussion of Comments

    In response to the Congressional mandate and to the Commission 
report, the FAA published an ANPRM on March 17, 1997, (62 FR 12724) 
requesting comments on certification of companies providing security 
screening. The FAA received 20 comments from the public on the ANPRM, 
which are briefly summarized below.
    While commenters disagreed on several issues, including the level 
of oversight responsibility air carriers should have over certificated 
screening companies, commenters generally agreed that national 
standards for security screening operations are needed. Approximately 
one-third of the commenters stated that certification of individual 
screeners would have a greater impact on improving safety than 
certification of screening companies. Most of these commenters also 
stated that the certification of individual screeners would improve 
screener professionalism and performance.
    Approximately half of the commenters agreed that air carriers 
conducting screening operations should be subject to the same standards 
as certificated screening companies. A majority of commenters stated 
that the same screening operation requirements that apply to U.S. 
carriers should apply to foreign carriers providing services in this 
country. Several commenters disagreed with any proposal by the FAA to 
regulate joint-use checkpoints and checkpoint operational 
configurations.

Reason for Withdrawal

    While certificating companies providing security screening can 
result in many important changes to the way that carriers and screening 
companies conduct screening in the U.S., a critical step in this 
process is having a reliable and consistent way to measure the 
screeners' performance. By measuring performance, the FAA can hold 
certificated screening companies and carriers accountable for safe, 
effective screening operations. Both the FAA and many commenters to the 
ANPRM recognize the importance of establishing national performance, 
training, and testing standards.
    The FAA is currently developing, field testing, and evaluating an 
automated screener testing system call Threat Image Projection (TIP) 
which is expected to yield uniform data regarding screener performance. 
When TIP is installed on existing x-ray machines, it tests screeners' 
detection capabilities by projecting both random images of threats into 
live bags being screened, and randomly projecting images of bags 
containing threats onto x-ray screens. Screeners are then responsible 
for positively identifying the threat image. Once prompted, TIP 
indicates to the screener whether the threat is real and then records 
the screener's performance in a database that the FAA can access to 
analyze performance trends.
    TIP is currently being field tested, and its reliability and 
functional use must be validated prior to general use. The FAA is 
closely monitoring TIP's capabilities in an operational environment and 
is making necessary adjustments. The FAA is also beginning to gather 
and analyze data which it can use to develop screener performance 
standards and measure subsequent screening company performance. The FAA 
estimates that this validation period will require another 6-8 months 
to complete. Because the FAA sees this technology as such an integral 
part in developing both a program to certificate screening companies, 
and uniform performance standards, it is delaying rulemaking action 
until the validation is complete.

Decision

    In consideration of the above, Notice No. 97-3, published on March 
17, 1997, is hereby withdrawn.

    Issued in Washington, DC on May 8, 1998.
Anthony Fainberg,
Director, Office of Civil Aviation Security Policy and Planning.
[FR Doc. 98-12749 Filed 5-11-98; 8:45 am]
BILLING CODE 4910-13-M