[Federal Register Volume 67, Number 214 (Tuesday, November 5, 2002)]
[Proposed Rules]
[Pages 67382-67383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27842]


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DEPARTMENT OF TRANSPORTATION

Transportation Security Administration

49 CFR 1520, 1540, 1542, 1544, 1546, and 1548

RIN 2110-AA15 and 2110-AA16


Security of Checked Baggage on Flights Within the United States; 
Certification of Screening Companies; Notice of Rulemaking Status

AGENCY: Transportation Security Administration (TSA), DOT.

ACTION: Notice of rulemaking status.

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SUMMARY: This notice provides information on the status of two notices 
of proposed rulemaking (NPRMs), entitled ``Security of Checked Baggage 
on Flights Within the United States'' and ``Certification of Screening

[[Page 67383]]

Companies,'' which were published by the Federal Aviation 
Administration (FAA) but now are within TSA's authority as a result of 
the passage of the Aviation and Transportation Security Act. On 
February 22, 2002, TSA published a final rule transferring FAA's rules 
governing civil aviation security to TSA. The purpose of this document 
is to inform the public that TSA will take no further action on these 
two NPRMs issued by FAA.

FOR FURTHER INFORMATION CONTACT: Angela Anderson, TSA-2 Chief Counsel, 
Transportation Security Administration, 400 Seventh Street, SW., 
Washington, DC 20590; telephone (202) 385-1641.

SUPPLEMENTARY INFORMATION

Background

    On November 19, 2001, Congress enacted Public Law 107-71, 115 Stat. 
597, the Aviation and Transportation Security Act (ATSA), which 
transferred authority over civil aviation security from FAA to TSA. In 
section 101(f), ATSA transferred FAA's authority in Chapter 449, Title 
49 United States Code (U.S.C.), to issue aviation security regulations 
to TSA. On February 22, 2002, the TSA and FAA published a final rule 
titled ``Civil Aviation Security Rules'' (67 FR 8340), transferring the 
regulations at 14 CFR parts 107, 108, 109 and 191 to 49 CFR parts 1540, 
1542, 1544, 1548 and 1520 and Sec. Sec.  129.25 and 129.26 to part 
1546.
    The purpose of this notice is to inform the public that TSA will 
take no further action on the two outstanding FAA NPRMs described 
below.

Security of Checked Baggage on Flights Within the United States

    On April 19, 1999, the FAA published an NPRM titled, ``Security of 
Checked Baggage on Flights Within the United States'' (64 FR 19220). 
The proposed rule would have required each aircraft operator with an 
FAA-approved security program to use the Computer-Assisted Passenger 
Screening (CAPS) \1\ system to select passengers (selectees) whose 
checked baggage would be subjected to additional security measures. The 
proposed rule also would have required aircraft operators to use FAA-
certified explosives detection system (EDS) equipment, where available, 
to screen selectee baggage, or conduct 100 percent passenger-to-baggage 
matching (PBM). The proposed rule would have applied to each scheduled 
flight segment within the United States when using aircraft having a 
seating configuration of 61 or more passenger seats.
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    \1\ The NPRM used the term ``Computer-Assisted Passenger 
Screening'' system but the term used to describe this system has 
since been changed to Computer-Assisted Passenger Prescreening 
System (CAPPS).
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    The FAA received 605 comments on the NPRM. These comments can be 
viewed by going to the search function of the Department of 
Transportation's electronic Docket Management System (DMS) Web page 
(http://dms.dot.gov/search) and typing in the last four digits of the 
docket number: FAA-1999-5536.

Certification of Screening Companies

    On January 5, 2000, the FAA published an NPRM titled, 
``Certification of Screening Companies'' (65 FR 560). The proposed rule 
would have required companies that perform aviation security screening 
for air carriers to be certificated by the FAA and meet enhanced 
requirements. It would have increased qualifications for managers, 
instructors, and screeners, and would have required the use of threat 
image projection (TIP) for all X-ray and EDS equipment. The proposed 
rule also would have made screening companies directly accountable to 
the FAA, with air carriers continuing to oversee the operations of 
their screening companies.
    The FAA received 31 comments on the NPRM. These comments can be 
viewed by going to the search function of the Department of 
Transportation's electronic Docket Management System (DMS) Web page 
(http://dms.dot.gov/search) and typing in the last four digits of the 
docket number: FAA-1999-6673.

TSA Determination To Take No Further Action

    The ATSA mandated sweeping changes to security requirements for the 
civil aviation system, including the transfer of responsibility for 
passenger and baggage screening from the private sector to the federal 
government. See 49 U.S.C. 114. As a result of this change, the two 
NPRMs discussed above have become obsolete.
    Because the two FAA NPRMs addressed civil aviation security under 
parts 108, and 129, responsibility for those proposed changes also 
transferred to TSA. The Screening Company NPRM also proposed to add a 
new part 111 that would have implemented requirements for screening 
company security. ATSA changed the screening requirements in section 
110(b), codified at 49 U.S.C. 44901(a), which now require Federal 
employees to carry out the screening; and in section 108 which requires 
establishment of a pilot program for some screening to be done by 
private companies under contract to TSA. With all of these changes 
being made TSA has no need to regulate screening companies using the 
proposed rule. For TSA employees who screen, TSA will use internal 
policies for screening. We will use contract provisions to govern the 
screening conducted by contractors under the pilot program.
    The ATSA also requires that all checked baggage, not just baggage 
checked by CAPPS selectees, be inspected using explosive detection 
systems. See 49 U.S.C. 44901(d), as amended by ATSA section 110(b). 
Further, Federal employees must do the inspection. TSA is working to 
install equipment and to hire the screeners to meet these requirements. 
In addition, TSA must use CAPPS to evaluate all passengers before 
boarding, not only those who are checking bags. See 49 U.S.C. 
44903(i)(2). This requirement is now being met. Accordingly, the 
proposals in the NPRM are obsolete, and the rule is not needed for TSA 
to use CAPPS fully and effectively.

    For these reasons, TSA will take no further actions on these two 
NPRMs.

    Issued in Washington, DC, on October 23, 2002.
Francine J. Kerner,
Chief Counsel.
[FR Doc. 02-27842 Filed 11-4-02; 8:45 am]
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