[Federal Register Volume 67, Number 217 (Friday, November 8, 2002)]
[Notices]
[Page 68227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28644]


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DEPARTMENT OF TRANSPORTATION

Transportation Security Administration

[Docket No. TSA-2002-11604]


Security Programs For Aircraft 12,500 Pounds or More

AGENCY: Transportation Security Administration (TSA), DOT.

ACTION: Notice.

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SUMMARY: This notice extends the date on which operators must be in 
compliance with the Twelve-Five Standard Security Program, from 
December 1, 2002 to February 1, 2003.

DATES: Compliance date: February 1, 2003.

FOR FURTHER INFORMATION CONTACT: Emily Chodkowski, Transportation 
Security Specialist, Office of Security Regulation and Policy, 
telephone: (202) 385-1838, email: [email protected].

SUPPLEMENTARY INFORMATION: On February 22, 2002, TSA published a final 
rule in the Federal Register (67 FR 8205), known as the ``Twelve-Five 
Rule,'' that, in part, required new security measures for operators of 
aircraft with a maximum certificated takeoff weight of 12,500 pounds or 
more. See 49 CFR part 1544. Under the rule, these operators must adopt 
and carry out certain security measures approved by TSA, generally 
known as the ``Twelve-Five Security Program.'' As published, the 
effective date of the Twelve-Five Rule was June 24, 2002. This document 
does not alter that date. On August 28, 2002, TSA published a notice in 
the Federal Register (67 FR 55308) announcing that it would issue the 
Twelve-Five Security Program to affected entities for review and 
comment. Security programs constitute sensitive security information 
(SSI), which can be disclosed only to persons with a need to know, in 
accordance with 49 CFR part 1520. Therefore, the Twelve-Five Security 
Program could be distributed only to affected operators for comment. 
TSA also stated in the Notice that all operators were required to 
operate in accordance with the security program by December 1, 2002.
    Many of the operators subject to the Twelve-Five Security Program 
are small entities that were not subject to aviation security 
regulations prior to issuance of this rule. Consequently, these 
operators have not previously conducted fingerprint-based criminal 
history record checks (CHRC) on their employees, trained staff, and 
flight crew on security measures, or operated in accordance with a 
security program. There are approximately 850 operators subject to this 
new standard, and many are having a great deal of difficulty completing 
the CHRC and training requirements, for a variety of reasons.
    Many operators are located in remote areas where there are no 
aviation organizations available that typically assist with the 
fingerprinting process. Some operators have attempted to capture 
fingerprints by using a local law enforcement agency or other security 
establishment, and the fingerprints are not taken correctly, or the 
appropriate chain of custody does not exist, and so these prints must 
be disqualified. In addition, many of the operators do not have access 
to the databases that contain CHRC information, and so completing the 
search is not possible. Finally, many of the operators have just one or 
two employees, and so special procedures must be put in place to 
prevent an operator from reviewing his or her own CHRC information, or 
the CHRC of an employee who may be a family member or friend. TSA is 
working internally and with these operators to establish processes that 
will facilitate completing the CHRC requirement to avoid all of these 
problems. However, it is clear that a large number of affected 
operators will not be able to meet the December 1, 2002, compliance 
date on flight crew CHRCs.
    The security program requires security training for individuals 
involved in Twelve-Five operations. Due to the high number of 
operators, their lack of prior exposure to security training programs, 
and the decentralized nature of this sector of the industry, an 
organized training regime has not been established. TSA is developing a 
template curriculum that will provide operators with the appropriate 
information to create a security training program.
    For all of the foregoing reasons, TSA has determined that the 
compliance date for the Twelve-Five Security Program must be extended 
to February 1, 2003.

    Issued in Washington, DC, on November 1, 2002.
Thomas Blank,
Associate Under Secretary for Security Regulation and Policy.
[FR Doc. 02-28644 Filed 11-6-02; 12:02 pm]
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