[Federal Register Volume 68, Number 160 (Tuesday, August 19, 2003)]
[Rules and Regulations]
[Pages 49718-49721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20927]



[[Page 49718]]

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

DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration

49 CFR Parts 1500, 1502, 1503, 1510, 1511, 1540, 1542, 1544, 1546, 
1548, and 1550

[Docket No. TSA-2003-14702; Amendment Nos. 1500-1, 1502-1, 1503-1, 
1510-3, 1511-2, 1540-5, 1542-1, 1544-4, 1546-1, 1548-1, and 1550-1]
RIN 1652-AA20


Transportation Security Administration Transition to Department 
of Homeland Security; Technical Amendments Reflecting Organizational 
Changes

AGENCY: Transportation Security Administration (TSA), DHS.

ACTION: Final rule.

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

SUMMARY: The Homeland Security Act of 2002 transferred the 
Transportation Security Administration from the Department of 
Transportation to the newly created Department of Homeland Security. 
This rule makes conforming technical changes to various parts of the 
Transportation Security Regulations, chapter XII of title 49, 
Transportation, of the Code of Federal Regulations, revising, where 
appropriate, all references to the titles, abbreviations, and acronyms 
of the ``Department of Transportation'' and the ``Under Secretary of 
Transportation for Security.'' This regulation also makes conforming 
changes to the general definitions sections and revises TSA's address 
because of TSA Headquarters' physical move to Arlington, Virginia. 
Because this rule revises existing regulations to reflect 
organizational changes, it has no substantive effect on the public.

DATES: Effective August 19, 2003.

FOR FURTHER INFORMATION CONTACT: Marisa Mullen, Office of the Chief 
Counsel, TSA-2, Transportation Security Administration, West Building, 
Floor 8, 601 South 12th Street, Arlington, VA 22202-4220; telephone 
(571) 227-2706; e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Availability of Rulemaking Document

    You can get an electronic copy using the Internet by--
    (1) Searching the Department of Transportation's electronic Docket 
Management System (DMS) web page (http://dms.dot.gov/search);
    (2) Accessing the Government Printing Office's web page at http://www.access.gpo.gov/su_docs/aces/aces140.html; or
    (3) Visiting the TSA's Law and Policy web page at http://www.tsa.dot.gov/public/index.jsp.
    In addition, copies are available by writing or calling the 
individual in the FOR FURTHER INFORMATION CONTACT section. Make sure to 
identify the docket number of this rulemaking.

Small Entity Inquiries

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires the TSA to comply with small entity requests for 
information and advice about compliance with statutes and regulations 
within the TSA's jurisdiction. Any small entity that has a question 
regarding this document may contact the person listed in FOR FURTHER 
INFORMATION CONTACT. Persons can obtain further information regarding 
SBREFA on the Small Business Administration's web page at http://www.sba.gov/advo/laws/law_lib.html.

Background

    The rule makes technical changes to various provisions of chapter 
XII, title 49 (Transportation) of the Code of Federal Regulations 
(CFR), mainly in response to enactment of the Homeland Security Act of 
2002 (HSA), Public Law 107-296, 116 Stat. 2135 (2002). Pursuant to the 
HSA, Congress established the Department of Homeland Security (DHS) 
(section 101 of HSA) and directed the transfer of the Transportation 
Security Administration (TSA) (section 403 of HSA) from the Department 
of Transportation (DOT) to DHS. As indicated in the Department of 
Homeland Security Reorganization Plan submitted on November 25, 2002, 
by the President to Congress (under section 1502 of the HSA), TSA 
transferred to DHS on March 1, 2003.
    In addition, by March 1, TSA completed the physical move of its 
headquarters facilities and personnel from Washington, DC, to 
Arlington, Virginia. This rule revises any references to our location 
address or mailing address, as necessary.

Justification for Immediate Adoption

    This rule relates only to agency organization, procedure, and 
practice. Therefore, under 5 U.S.C. 553(b)(3)(A), this rule is exempt 
from notice and comment rulemaking requirements. The changes made by 
the rule will have no substantive effect on the public; therefore, 
under 5 U.S.C. 553(d), this rule may become effective less than 30 days 
after publication in the Federal Register.

Provisions of the Final Rule

    In 49 CFR, chapter XII, all references to the titles, 
abbreviations, and acronyms of the ``Department of Transportation'' and 
the ``Under Secretary of Transportation for Security'' are revised, 
where appropriate, to read ``Department of Homeland Security'' and 
``Administrator,'' respectively. In conjunction with the transfer of 
TSA to DHS, the head of TSA has adopted the new title of Administrator 
and has implemented conforming changes to the titles of other senior 
management officials at TSA. Other organizational changes have been 
made as well. Consequently, for purposes of the Transportation Security 
Regulations (TSRs), the official formerly referred to as the Under 
Secretary of Transportation for Security will be referred to as the 
Administrator, and the official formerly referred to as the Deputy 
Administrator/Chief Operating Officer will be referred to as the Deputy 
Administrator. In addition, officials previously referred to as 
Associate Under Secretaries will be known as Assistant Administrators 
and the official previously referred to as the Deputy Chief Counsel for 
Enforcement will be known as the Deputy Chief Counsel for Civil 
Enforcement. The final rule makes conforming changes to the TSRs to 
reflect these changes and adds a new definition of ``Administrator'' to 
the general definitions sections.
    This rule also revises TSA's address because of TSA Headquarters' 
physical move from Washington, DC, to Arlington, Virginia. Our U.S. 
mailing address will no longer be routed to TSA through the DOT 
Headquarters' address at 400 Seventh Street, SW., Washington, DC. The 
official address for all TSA mail (both U.S. Postal System and all 
overnight mail) now is: Transportation Security Administration, 601 
South 12th Street, Arlington, VA 22202-4220.
    Although most references to DOT have been revised to DHS, in some 
instances, most notably in Sec. Sec.  1510.19 and 1511.11, references 
to DOT remain to allow DOT access to books and records related to TSA's 
Civil Aviation Security Fees in order to facilitate DOT's enforcement 
of its consumer protection and economic authority.
    In addition, the authority citations in 49 CFR parts 1500 through 
1511 and 1540 through 1550 were amended to add 49 U.S.C. 114 and 40113, 
as appropriate. These citations include general agency authorities to 
conduct rulemaking and issue orders that had inadvertently been left 
out of previous rulemakings.

[[Page 49719]]

Collection of Information

    This rule does not impose any new information collection and 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501-3520) requiring approval by the Office of Management 
and Budget.

Regulatory Impact Analyses

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866, Regulatory Planning and Review, 
directs each Federal agency to propose or adopt a regulation only upon 
a reasoned determination that the benefits of the intended regulation 
justify its costs. Second, the Regulatory Flexibility Act of 1980 (5 
U.S.C. 601-612) requires agencies to analyze the economic impact of 
regulatory changes on small entities. Third, the Office of Management 
and Budget directs agencies to assess the effect of regulatory changes 
on international trade. Fourth, the Unfunded Mandates Reform Act of 
1995 (2 U.S.C. 1531-1538) requires agencies to prepare a written 
assessment of the costs, benefits, and other effects of proposed or 
final rules that include a Federal mandate likely to result in the 
expenditure by State, local, or tribal governments, in the aggregate, 
or by the private sector, of $100 million or more annually (adjusted 
for inflation.)

Executive Order 12866 Assessment

    In conducting these analyses, TSA has determined this rulemaking is 
not a ``significant regulatory action'' as defined in section 3(f) of 
the Executive Order as this rule involves internal agency practices and 
procedures and non-substantive changes to rules of procedure and will 
not impose any costs on the public. Therefore, it does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that Order, nor does it require a review by the Office of Management 
and Budget.

Regulatory Flexibility Act Assessment

    The Regulatory Flexibility Act (RFA) of 1980 requires that agencies 
perform a review to determine whether a proposed or final rule will 
have a significant economic impact on a substantial number of small 
entities. If the determination is that it will, the agency must prepare 
a regulatory flexibility analysis as described in the RFA. For purposes 
of the RFA, small entities include small businesses, not-for-profit 
organizations, and small governmental jurisdictions. Individuals and 
States are not included in the definition of a small entity.
    The RFA does not apply to this rule and we are not preparing an 
analysis for the Act, since under 5 U.S.C. 553, TSA is not required to 
publish an NPRM for a rule that relates to agency management, 
procedures, and practice. However, because this rule will not impose 
any costs on the public, we have determined and certify that this rule 
does not have a significant economic impact on a substantial number of 
small entities.

International Trade Impact Assessment

    The Trade Agreement Act of 1979 prohibits Federal agencies from 
establishing any standards or engaging in related activities that 
create unnecessary obstacles to the foreign commerce of the United 
States. Legitimate domestic objectives, such as safety, are not 
considered unnecessary obstacles. The statute also requires 
consideration of international standards and, where appropriate, that 
they be the basis for U.S. standards. The TSA has assessed the 
potential effect of this rulemaking and has determined that it will 
have no effect on any trade-sensitive activity and will not constitute 
a barrier to international trade.

Unfunded Mandates Assessment

    The Unfunded Mandates Reform Act of 1995 is intended, among other 
things, to curb the practice of imposing unfunded Federal mandates on 
State, local, and tribal governments. Title II of the Act requires each 
Federal agency to prepare a written statement assessing the effects of 
any Federal mandate in a proposed or final agency rule that may result 
in a $100 million or more expenditure (adjusted annually for inflation) 
in any one year by State, local, and tribal governments, in the 
aggregate, or by the private sector; such a mandate is deemed to be a 
``significant regulatory action.''
    This rulemaking does not contain such a mandate. The requirements 
of Title II of the Act, therefore, do not apply and the TSA has not 
prepared a statement under the Act.

Executive Order 13132, Federalism

    The TSA has analyzed this proposed rule under the principles and 
criteria of Executive Order 13132, Federalism. We determined that this 
action would not have a substantial direct effect on the States, on the 
relationship between the national Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, and therefore would not have federalism implications.

Environmental Analysis

    TSA has reviewed this action for purposes of the National 
Environmental Review Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4347) 
and has determined that this action will not have a significant effect 
on the human environment.

Energy Impact

    The energy impact of this rule has been assessed in accordance with 
the Energy Policy and Conservation Act (EPCA), Public Law 94-163, as 
amended (42 U.S.C. 6362). It has been determined that this rule is not 
a major regulatory action under the provisions of the EPCA.

List of Subjects

49 CFR Part 1500

    Air carriers, Aircraft, Airports, Law enforcement officers, 
Reporting and recordkeeping requirements, Security measures.

49 CFR Part 1502

    Authority delegations (Government agencies), Government employees, 
Organization and functions (Government agencies).

49 CFR Part 1503

    Administrative practice and procedure, Investigations, Law 
enforcement, Penalties, Transportation.

49 CFR Part 1510

    Accounting, Auditing, Air carriers, Air transportation, 
Enforcement, Federal oversight, Foreign air carriers, Reporting and 
recordkeeping requirements, Security measures.

49 CFR Part 1511

    Accounting, Auditing, Air carriers, Air transportation, 
Enforcement, Federal oversight, Foreign air carriers, Reporting and 
recordkeeping requirements, Security measures.

49 CFR Part 1540

    Air carriers, Aircraft, Airports, Law enforcement officers, 
Reporting and recordkeeping requirements, Security measures.

49 CFR Part 1542

    Air carriers, Aircraft, Aviation safety, Security measures.

49 CFR Part 1544

    Air carriers, Aircraft, Aviation safety, Freight forwarders, 
Incorporation by reference, Reporting and recordkeeping requirements, 
Security measures.

[[Page 49720]]

49 CFR Part 1546

    Aircraft, Aviation safety, Foreign air carriers, Incorporation by 
reference, Reporting and recordkeeping requirements, Security measures.

49 CFR Part 1548

    Air transportation, Reporting and recordkeeping requirements, 
Security measures.

49 CFR Part 1550

    Aircraft, Security measures.

The Amendment

0
In consideration of the foregoing, the Transportation Security 
Administration amends Chapter XII of Title 49, Code of Federal 
Regulations, as follows:
0
1. Revise the heading for chapter XII to read as follows:

CHAPTER XII--TRANSPORTATION SECURITY ADMINISTRATION, DEPARTMENT OF 
HOMELAND SECURITY

0
2. In 49 CFR chapter XII, revise all references to ``Under Secretary of 
Transportation for Security'' to read ``Administrator''; revise all 
references to ``Under Secretary of Transportation for Security's'' to 
read ``Administrator's''; revise all references to ``Under Secretary'' 
to read ``Administrator''; revise all references to ``Under 
Secretary's'' to read ``Administrator's''; and revise all references to 
``Deputy Under Secretary of Transportation for Security/Chief Operating 
Officer'' to read ``Deputy Administrator''.

SUBCHAPTER A--ADMINISTRATIVE AND PROCEDURAL RULES

PART 1500--APPLICABILITY, TERMS, AND ABBREVIATIONS

0
3. In part 1500, revise the authority citation to read as follows:


    Authority: 49 U.S.C. 114, 5103, 40113, 44901-44907, 44913-44914, 
44916-44918, 44935-44936, 44942, 46105.

0
4. In Sec.  1500.3, remove the redesignated definition of 
``Administrator'', and add a new definition of ``Administrator'' in 
alphabetical order to read as follows:


Sec.  1500.3  Terms and abbreviations used in this chapter.

* * * * *
    Administrator means the Under Secretary of Transportation for 
Security identified in 49 U.S.C. 114(b) who serves as the Administrator 
of the Transportation Security Administration.
* * * * *

PART 1502--ORGANIZATION, FUNCTIONS, AND PROCEDURES

0
5. In part 1502, revise the authority citation to read as follows:

    Authority: 5 U.S.C. 3345, 49 U.S.C. 114, 40113, 44901-44907, 
44913-44914, 44916-44920, 44935-44936, 44942, 46101-46105, 45107, 
46110.

PART 1503--INVESTIGATIVE AND ENFORCEMENT PROCEDURES

0
6. In part 1503, revise the authority citation to read as follows:


    Authority: 18 U.S.C. 6002; 28 U.S.C. 2461 (note); 49 U.S.C. 114, 
40113-40114, 44901-44907, 46101-46107, 46109-46110, 46301, 46305, 
46311, 46313-46314.


0
7. In part 1503, revise all references to ``Deputy Chief Counsel for 
Enforcement'' to read ``Deputy Chief Counsel for Civil Enforcement''.


Sec.  1503.3  [Amended]

0
8. In Sec.  1503.3(b), remove the word ``Associate'' from wherever it 
appears in the paragraph, and add in its place, the word ``Assistant''.


Sec. Sec.  1503.5, 1503.16, 1503.209, 1503.210, 1503.230, and 
1503.233  [Amended]

0
9. In Sec. Sec.  1503.5(b)(2), 1503.16(f), 1503.209(b), 1503.210(a), 
and 1503.233(a), remove the words ``Department of Transportation'' and 
add in their place, the words ``Department of Homeland Security''.

0
10. In Sec. Sec.  1503.5(k), 1503.5(k)(2)(C)(ii), 1503.209(b), 
1503.210(a), and 1503.230(b)(2)(C)(ii), remove the words ``GSA 
Building, Room 5008, 301 Seventh Street SW., Washington, DC 20407'', 
and add in their place, the words ``TSA Headquarters, Visitor Center, 
701 South 12th Street, Arlington, Virginia 22202''.

0
11. In Sec. Sec.  1503.209(b), and 1503.233(a), remove the question 
mark symbol ``?'', from wherever it appears in the paragraph.

PART 1510--PASSENGER CIVIL AVIATION SECURITY SERVICE FEES

0
12. In part 1510, revise the authority citation to read as follows:


    Authority: 49 U.S.C. 114, 40113, and 44940.


0
13. In Sec.  1510.3, remove the redesignated definition of 
``Administrator'', and add a new definition of ``Administrator'' in 
alphabetical order to read as follows:


Sec.  1510.3  Definitions.

* * * * *
    Administrator means the Administrator of the Transportation 
Security Administration or the Administrator's designee.
* * * * *

0
14. In Sec.  1510.19, revise the text to read as follows:


Sec.  1510.19  Federal oversight.

    Direct air carriers and foreign air carriers must allow any 
authorized representative of the Administrator, the Secretary of 
Transportation, the Secretary of Homeland Security, the Inspector 
General of the Department of Transportation, the Inspector General of 
the Department of Homeland Security, or the Comptroller General of the 
United States to audit or review any of its books and records and 
provide any other information necessary to verify that the security 
service fees were properly collected and remitted consistent with this 
part.

PART 1511--AVIATION SECURITY INFRASTRUCTURE FEE

0
15. In part 1511, revise the authority citation to read as follows:


    Authority: 49 U.S.C. 114, 40113, 44901, and 44940.


0
16. In Sec.  1511.3, remove the redesignated definition of 
``Administrator'', and add a new definition of ``Administrator'' in 
alphabetical order to read as follows:


Sec.  1511.3  Definitions.

* * * * *
    Administrator means the Administrator of the Transportation 
Security Administration or the Administrator's designee.
* * * * *

0
17. In Sec.  1511.11, revise paragraph (a) introductory text to read as 
follows:


Sec.  1511.11  Federal oversight.

    (a) Upon request, air carriers and foreign air carriers must allow 
any authorized representative of the Administrator, the Secretary of 
Transportation, the Secretary of Homeland Security, the Inspector 
General of the Department of Transportation, the Inspector General of 
the Department of Homeland Security, or the Comptroller General of the 
United States to audit or review any of the books and records and 
provide any other information necessary to verify that:
* * * * *

[[Page 49721]]

SUBCHAPTER C--CIVIL AVIATION SECURITY

PART 1540--CIVIL AVIATION SECURITY: GENERAL RULES

0
18. In part 1540, revise the authority citation to read as follows:


    Authority: 49 U.S.C. 114, 5103, 40113, 44901-44907, 44913-44914, 
44916-44918, 44935-44936, 44942, 46105.


0
19. In Sec.  1540.115(b), remove the redesignated definition of 
``Administrator'', and add a new definition of ``Administrator'' in 
alphabetical order to read as follows:


Sec.  1540.115  Threat assessments regarding citizens of the United 
States holding or applying for FAA certificates, ratings, or 
authorizations.

* * * * *
    (b) * * *
    Administrator means the Administrator of the Transportation 
Security Administration.
* * * * *

PART 1542--AIRPORT SECURITY

0
20. In part 1542, revise the authority citation to read as follows:

    Authority: 49 U.S.C. 114, 5103, 40113, 44901-44905, 44907, 
44913-44914, 44916-44917, 44935-44936, 44942, 46105.

PART 1544--AIRCRAFT OPERATOR SECURITY: AIR CARRIERS AND COMMERCIAL 
OPERATORS

0
21. In part 1544, revise the authority citation to read as follows:


    Authority: 49 U.S.C. 114, 5103, 40113, 44901-44905, 44907, 
44913-44914, 44916-44918, 44932, 44935-44936, 44942, 46105.

PART 1546--FOREIGN AIR CARRIER SECURITY

0
22. In part 1546, revise the authority citation to read as follows:


    Authority: 49 U.S.C. 114, 5103, 40113, 44901-44905, 44907, 
44914, 44916-44917, 44935-44936, 44942, 46105.

PART 1548--INDIRECT AIR CARRIER SECURITY

0
23. In part 1548, revise the authority citation to read as follows:


    Authority: 49 U.S.C. 114, 5103, 40113, 44901-44905, 44913-44914, 
44916-44917, 44932, 44935-44936, 46105.

PART 1550--AIRCRAFT SECURITY UNDER GENERAL AVIATION OPERATING AND 
FLIGHT RULES

0
24. In part 1550, revise the authority citation to read as follows:


    Authority: 49 U.S.C. 114, 5103, 40113, 44901-44907, 44913-44914, 
44916-44918, 44935-44936, 44942, 46105.

    Issued in Arlington, Virginia, on August 11, 2003.
James M. Loy,
Administrator.
[FR Doc. 03-20927 Filed 8-18-03; 8:45 am]
BILLING CODE 4910-62-P