[Federal Register Volume 67, Number 34 (Wednesday, February 20, 2002)]
[Notices]
[Pages 7939-7940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4149]
Federal Register / Vol. 67, No. 34 / Wednesday, February 20, 2002 /
Notices
[[Page 7939]]
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DEPARTMENT OF TRANSPORTATION
Transportation Security Administration
Assumption of Civil Aviation Security Functions and
Responsibilities Under Chapter 449, Title 49, U.S.C.
AGENCY: Transportation Security Administration, DOT.
ACTION: Notice.
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SUMMARY: The Transportation Security Administration (TSA) announces its
assumption of civil aviation security functions and responsibilities,
as provided by the Aviation and Transportation Security Act. Effective
February 17, 2002, civil aviation security functions and
responsibilities currently performed by the Federal Aviation
Administration are transferred to the TSA. As required by the Aviation
and Transportation Security Act, TSA will federalize all airport
security screeners, under a schedule described in this notice.
FOR FURTHER INFORMATION CONTACT: Robert Klothe or Steven Cohen, Office
of the General Counsel, Department of Transportation, 400 Seventh
Street, SW., Washington, DC 20590, (202) 366-9307 (voice), (202) 366-
9318 (fax).
SUPPLEMENTARY INFORMATION:
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online for more information and help.
Background
In light of the September 11, 2001, terrorist attacks in the United
States and the potential for future attacks in this country, Congress
enacted the Aviation and Transportation Security Act (ATSA), Public Law
107-71, 115 Stat. 597 (November 19, 2001), which establishes the
Transportation Security Administration (TSA) as an operating
administration within the Department of Transportation (DOT), headed by
the Under Secretary of Transportation for Security (Under Secretary).
The Under Secretary took office on January 7, 2002.
Pursuant to ATSA, the TSA is responsible for security in all modes
of transportation, including civil aviation under Chapter 449 of title
49, United States Code, related research and development activities,
and other transportation security functions exercised by DOT. The TSA
is specifically responsible for the day-to-day security screening
operations for passenger air transportation and intrastate air
transportation under 49 U.S.C. 44901 and 44935. This responsibility
includes hiring, training, testing, and deploying or arranging for
Federal security screeners, Federal security personnel, Federal law
enforcement officers, and Federal Security Managers at U.S. airports.
The TSA must also research, develop and deploy security equipment and
programs at U.S. airports, coordinate transportation security
intelligence information, coordinate transportation security efforts
with Federal and State agencies, and deal with threats to
transportation.
Section 101(g) of ATSA, which added section 114 to chapter 1 of
title 49, United States Code, requires the Under Secretary to assume
civil aviation security functions and responsibilities under chapter
449 of title 49, United States Code, by February 17, 2002, in
accordance with a schedule developed by the Secretary, upon consulting
with air carriers, foreign air carriers, and the Administrator of the
Federal Aviation Administration (FAA). The ATSA also requires the Under
Secretary to publish notice of the transfer of such security functions
and responsibilities before assuming them from the FAA. This notice
announces that the required consultations have taken place and that the
transfer of civil aviation security functions is effective February 17,
2002. The following table contains a summary of major completed and
planned activities. Additional information is provided in the text
following the table.
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Statutory reference within
Activity Date accomplished or expected ATSA
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Establish qualification standards for security 12/19/01 Sec. 111(a)
screeners to be hired by TSA.
Require screening of all checked baggage........ 01/18/02 Sec. 110(b)
Develop a training plan for security screeners.. 01/18/02 Sec. 111(a)
Issue notice for collection of passenger fees 01/18/02 Sec. 118(a)
for aviation security services. (66 FR 67698)
Assume civil aviation security functions and 02/17/02 Sec. 101(g)(1)
responsibilities.
Implement Aviation Security Program for Charter 02/17/02 Sec. 132(a)
Aircraft of 12,500 pounds or larger.
Report to Congress on measures adopted and 05/18/02 Sec. 109(b)
measures rejected under Section 109(a) of.
Submit to Congress a plan to screen all checked 05/18/02 Sec. 110(d)(1)
bags at U.S. airports with automated equipment,
including installation and operational dates
and schedules.
Recommend to airport operators commercially 05/18/02 Sec. 136
available means to prevent unauthorized access.
Establish pilot program for screening by private 11/19/02 Sec. 108(a)
entities.
Deploy Federal screeners and related personnel 11/19/02 Sec. 110(c)
at U.S. airports to conduct passenger and
property screening.
Report to Congress on screening requirements for 11/19/02 Sec. 110(d)(2)
passengers and property being carried aboard
scheduled aircraft with 60 seats or fewer, with
recommendations for any necessary changes in
those requirements.
Ensure sufficient EDS to screen all checked 12/31/01 Sec. 110(b)
baggage at U.S. airports.
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The agency's assumption of civil aviation security functions
includes the following elements:
TSA will enter into contracts with private security
screening companies for U.S. airports and directly supervise the
companies' performance of screening services. Currently, air carriers
and foreign air carriers contract with private security screening
companies to perform these services. TSA will also enter into
agreements with air carriers to pay the costs deemed necessary by the
TSA of screening services where they currently perform their own
security screening of passengers and property. These agreements with
air carriers will also reimburse them for their costs in
[[Page 7940]]
providing ground security coordinators to assist TSA in overseeing the
work performed by private security screening companies at U.S.
airports.
As noted above, functions related to aviation security
will be transferred from FAA to TSA. Personnel, property, records,
unexpended fund balances, and related authority will also be
transferred to TSA. Existing FAA orders, rules, regulations, grants,
and proceedings remain in effect until modified, terminated,
superseded, set aside, or revoked.
In consultation with airport and law enforcement authorities, TSA
will deploy security personnel at airport secure areas, and shall
consider the physical security needs of air traffic control facilities,
parked aircraft, servicing equipment, fuel and supplies, adjacent
automobile parking and other ground or water transportation mode access
areas.
TSA will provide to Congress its plan to screen all
checked bags at U.S. airports, including installation and operational
dates and schedules, by May 18, 2002.
TSA will report to Congress, by May 18, 2002, on ATSA's
optional enhanced security measures, which include providing for 911
emergency call capability on passenger aircraft and trains; providing
for a uniform ID system for State and local law enforcement officers
carrying weapons on aircraft or in secure areas; issuing requirements
for a trusted passenger program; establishing alternative security
procedures for medical products with the Food and Drug Administration;
using technology for secure plane to ground threat communication;
including photo and biometric imprint on all pilot licenses; using
voice stress biometric technology for screening potential threats; and
using instant air-ground communications. As required by statute, the
performance plan, with measurable goals and objectives, will be updated
annually thereafter.
TSA may, in consultation with Congress, establish
acceptable performance levels for aviation security, including
screening and access control, and provide Congress with an action plan
containing measurable goals and milestones by May 18, 2002.
TSA will assess and recommend to airport operators
commercially available means to prevent unauthorized access to secure
areas, reviewing effectiveness of biometrics, increased access point
surveillance, card/key based access systems, emergency exit monitoring,
and elimination of ``piggybacking'' into secure areas by unauthorized
persons by May 18, 2002.
This six-month assessment will include a 12-month
deployment strategy for available technology at Category X airports.
TSA will replace contract security screeners with its own Federally
hired, trained, and tested employees on a graduated basis until TSA has
deployed sufficient Federal security screeners, as well as Federal
Security Managers and Federal law enforcement officers, to screen all
passengers and property at required U.S. airports by November 19, 2002.
TSA will provide for alcohol and controlled substance testing, as well
as background and criminal history checks, for contract security
screeners and TSA employees.
TSA will assess the existence of dual use items that seem
harmless, but may be used as a weapon, maintain a list of such items,
and include it in screener training.
TSA will establish a pilot program for private airport
security screening companies by November 19, 2002.
TSA will deploy sufficient Explosive Detection Systems to
screen all checked baggage at U.S. airports, or will screen all checked
baggage by alternative means, by December 31, 2002.
TSA will work with airport operators to strengthen area
access control points and consider biometrics/technology deployment to
identify individuals.
To offset the costs of providing civil aviation security services
TSA has imposed a uniform fee, the September 11th Security Fee, on
certain passenger enplanements, beginning February 1, 2002. ATSA
authorizes a corresponding fee on air carriers and foreign air carriers
based on their calendar year 2000 costs for screening passengers and
property.
Authority: Pub. L. 107-71, 115 Stat. 597 (2001); and 49 CFR 1.4.
Issued: February 15, 2002.
John Magaw,
Under Secretary of Transportation for Security.
[FR Doc. 02-4149 Filed 2-15-02; 2:25 pm]
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