[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]]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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:   

Electronic Access

    An electronic copy of this document may be downloaded using a modem 
and suitable communications software from the Government Printing 
Office Electronic Bulletin Board Service at (202) 512-1661. Internet 
users may reach the Office of the Federal Register's home page at 
http://www.nara.gov/fedreg and the Government Printing Office's web 
page at http://www.access.gpo.gov/nara.
    Internet users can access this document through the docket 
management system web site, http://dms.dot.gov. It is available 24 
hours each day, 365 days each year. Please follow the instructions 
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.

----------------------------------------------------------------------------------------------------------------
                                                                                    Statutory reference within
                    Activity                       Date accomplished or expected               ATSA
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

    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]
BILLING CODE 4910-62-P