[Federal Register Volume 73, Number 244 (Thursday, December 18, 2008)]
[Pages 77045-77047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30045]



Transportation Security Administration

[Docket No. TSA-2008-0021]

Public Meetings on Large Aircraft Security Program, Other 
Aircraft Operator Security Program, and Airport Operator Security 

AGENCY: Transportation Security Administration, DHS.

ACTION: Notice of public meetings and requests for comments.


SUMMARY: This notice provides the time and location of public meetings 
that will be held by the Transportation Security Administration (TSA) 
regarding the Notice of Proposed Rulemaking entitled ``Large Aircraft 
Security Program, Other Aircraft Operator Security Program, and Airport 
Operator Security Program'' (LASP NPRM), which was published in the 
Federal Register on October 30, 2008 (73 FR 64790).

DATES: The public meetings will be on January 6, 2009, in White Plains, 
NY; January 8, 2009, in Atlanta, GA; January 16, 2009, in Chicago, IL; 
January 23, 2009 in Burbank, CA; and January 28, 2009 in Houston, TX. 
The meetings will begin at 9 a.m., and registration will start at 8 
a.m. All interested persons may provide written comments, which must be 
received in the public docket by February 27, 2009.

ADDRESSES: The public meetings will be held at the following locations:
    (1) White Plains, NY: Westchester County Airport (HPN), Building 1 
Airport Road, White Plains, NY 10604;
    (2) Atlanta, GA: Renaissance Concourse Hotel Atlanta Airport, One 
Hartsfield Centre Parkway, Atlanta, GA 30354;
    (3) Chicago, IL: Crowne Plaza Chicago O'Hare Hotel & Conference 
Center, 5440 North River Road, Rosemont, IL 60018;
    (4) Burbank, CA: Burbank Airport Marriott Hotel & Convention 
Center, 2500 North Hollywood Way, Burbank, CA 91505; and
    (5) Houston, TX: Conference Center, Hilton Houston Hotel--North 
Greenspoint, 12400 Greenspoint Drive, Houston, TX 77060.
    Participants should check in with TSA staff when they arrive at the 
public meeting.
    All interested persons may submit comments, identified by the TSA 
docket number to this document, to the Federal Docket Management System 
(FDMS), a government-wide, electronic docket management system, using 
any one of the following methods:
    Electronically: You may submit comments through the Federal 
eRulemaking portal at http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    Mail, In Person, or Fax: Address, hand-deliver, or fax your written 
comments to the Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building Ground 
Floor, Room W12-140, Washington, DC 20590-0001; Fax (202) 493-2251. The 
Department of Transportation (DOT), which maintains and processes TSA's 
official regulatory dockets, will scan the submission and post it to 
    See SUPPLEMENTARY INFORMATION for format and other information 
about comment submissions.

FOR FURTHER INFORMATION CONTACT: Erik Jensen, Assistant General 
Manager, Policy and Plans, Office of General Aviation, TSNM, TSA-28, 
Transportation Security Administration, 601 South 12th Street, 
Arlington, VA 02598-6028; telephone (571) 227-2401; facsimile (571) 
227-2918; e-mail LASP@dhs.gov.


Comments Invited

    TSA invites interested persons to participate in this public 
meeting by submitting written comments, data, or views. We invite 
comments relating to

[[Page 77046]]

any aspect of the LASP NPRM. The areas in particular in which TSA seeks 
information and comment at the public meeting are listed below in the 
``Specific Issues for Discussion'' section. We also invite comments 
relating to the economic, environmental, energy, or federalism impacts 
that might result from this action. See ADDRESSES above for information 
on where to submit comments.
    With each comment, please identify the docket number at the 
beginning of your comments. TSA encourages commenters to provide their 
names and addresses. The most helpful comments reference a specific 
portion of the document, explain the reason for any recommended change, 
and include supporting data. You may submit comments and material 
electronically, in person, by mail, or fax as provided under ADDRESSES, 
but please submit your comments and material by only one means. If you 
submit comments by mail or delivery, submit them in an unbound format, 
no larger than 8.5 by 11 inches, suitable for copying and electronic 
    If you would like TSA to acknowledge receipt of comments submitted 
by mail, include with your comments a self-addressed, stamped postcard 
on which the docket number appears. We will stamp the date on the 
postcard and mail it to you.
    TSA will file in the public docket all comments received by TSA, 
except for comments containing confidential information and sensitive 
security information (SSI).\1\ TSA will consider all comments received 
on or before the closing date for comments and will consider comments 
filed late to the extent practicable. The docket is available for 
public inspection before and after the comment closing date.

    \1\ ``Sensitive Security Information'' or ``SSI'' is information 
obtained or developed in the conduct of security activities, the 
disclosure of which would constitute an unwarranted invasion of 
privacy, reveal trade secrets or privileged or confidential 
information, or be detrimental to the security of transportation. 
The protection of SSI is governed by 49 CFR part 1520.

Handling of Confidential or Proprietary Information and Sensitive 
Security Information (SSI) Submitted in Public Comments

    Do not submit comments that include trade secrets, confidential 
commercial or financial information, or SSI to the public regulatory 
docket. Please submit such comments separately from other comments on 
the action. Comments containing this type of information should be 
appropriately marked as containing such information and submitted by 
mail to the address listed in FOR FURTHER INFORMATION CONTACT section.
    Upon receipt of such comments, TSA will not place the comments in 
the public docket and will handle them in accordance with applicable 
safeguards and restrictions on access. TSA will hold documents 
containing SSI, confidential business information, or trade secrets in 
a separate file to which the public does not have access, and place a 
note in the public docket that TSA has received such materials from the 
commenter. If TSA determines, however, that portions of these comments 
may be made publicly available, TSA may include a redacted version of 
the comment in the public docket. If TSA receives a request to examine 
or copy information that is not in the public docket, TSA will treat it 
as any other request under the Freedom of Information Act (FOIA) (5 
U.S.C. 552) and the Department of Homeland Security's (DHS') FOIA 
regulation found in 6 CFR part 5.

Reviewing Comments in the Docket

    Please be aware that anyone is able to search the electronic form 
of all comments received into any of our dockets by the name of the 
individual who submitted the comment (or signed the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review the applicable Privacy Act Statement published in the 
Federal Register on April 11, 2000 (65 FR 19477), or you may visit 
    You may review TSA's electronic public docket on the Internet at 
http://www.regulations.gov. In addition, DOT's Docket Management 
Facility provides a physical facility, staff, equipment, and assistance 
to the public. To obtain assistance or to review comments in TSA's 
public docket, you may visit this facility between 9 a.m. to 5 p.m., 
Monday through Friday, excluding legal holidays, or call (202) 366-
9826. This docket operations facility is located in the West Building 
Ground Floor, Room W12-140 at 1200 New Jersey Avenue, SE., Washington, 
DC 20590.

Availability of Rulemaking Document

    You can get an electronic copy using the Internet by--
    (1) Searching the electronic Federal Docket Management System 
(FDMS) Web page at http://www.regulations.gov;
    (2) Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html; or
    (3) Visiting TSA's Security Regulations Web page at http://www.tsa.gov and accessing the link for ``Research Center'' at the top 
of the page.
    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.


    On October 30, 2008, TSA published in the Federal Register (73 FR 
64790) the Notice of Proposed Rulemaking for the Large Aircraft 
Security Program, Other Aircraft Operator Security Program, and Airport 
Operator Security Program. The LASP NPRM describes TSA's proposal to 
enhance the security of general aviation by expanding the scope of 
current requirements and by adding new requirements for certain U.S. 
operators with aircraft exceeding 12,500 pounds maximum take-off weight 
(MTOW) (large aircraft) and certain airports serving those aircraft. 
These measures are based on the current security program that applies 
to operators providing scheduled or charter services. Proposed measures 
include requiring the adoption of a security program, checking 
passengers against government terrorist watch lists, conducting 
criminal history checks on pilots, designating a security coordinator, 
and submission to an audit by an independent third party every two 
years. The LASP NPRM also proposes further security measures for all-
cargo aircraft and for private charter operations with aircraft 
weighing over 45,500 kilograms (100,309.3 pounds) and would require 
certain airports that serve large aircraft to adopt a security program. 
TSA seeks comment on the proposal described in the LASP NPRM. TSA 
intends to analyze the public comments and issue a final rule.

Specific Issues for Discussion

    There are several areas in particular in which TSA seeks 
information and comment from the industry at the public meeting, listed 
below. These key issues are intended to help focus public comments on 
subjects that TSA must explore in order to complete its review of the 
Large Aircraft Security Program (LASP). The comments at the meeting 
need not be limited to these issues, and TSA invites comments on any 
other aspect of the LASP NPRM. These are:
    (1) The weight threshold of aircraft covered by the proposed rule.
    (2) The phased approach in the implementation of the proposed rule 
and the determination of which phase would be applicable to each large 
aircraft operator.
    (3) The security threat assessment (STA) requirements, including 

[[Page 77047]]

transferability of the STAs for flight crew members and whether a 
proprietor, general partner, officer, director, or owner of aircraft 
operators should undergo a STA.
    (4) Methods for positively identifying pilots and effectively 
linking them to the aircraft they are operating.
    (5) The watchlist service provider (WLSP) requirement, including 
comments on the WLSP's system security plan, the role that watchlist 
service providers may continue to have if the responsibility for 
watchlist matching shifts to the U.S. Government in the future, whether 
there should be a limitation of the number of entities that would be 
approved as a WSLP, and whether WLSP covered personnel should be 
limited only to U.S. citizens, nationals or lawful permanent residents.
    (6) Whether TSA should establish a minimum time for submission of 
passenger information to the service providers, what that minimum time 
should be, and the reasons supporting the suggested minimum time.
    (7) Whether full program aircraft operators should be permitted to 
conduct their own audit and/or watchlist matching on flights operated 
under their LASP.
    (8) Proposed privacy notice requirement.
    (9) The third-party auditor requirement, including the 
establishment of a system of assigning auditors and methods of doing 
so, qualifications of auditors, and conflict of interests and 
independence issues affecting an auditor.
    (10) Whether certain large aircraft operators (for instance, 
operators that are not carrying persons or property for compensation or 
hire or with aircraft having a MTOW of more than 45,500 kg) should have 
a different requirement as to what weapons are prohibited (for example, 
limit the prohibited items to only guns and firearms).
    (11) The requirement for security coordinator, including the use of 
a single individual for multiple security coordinator roles.
    (12) Whether any other types of airport should be covered by a 
security program.
    (13) Amendment of the partial program or the supporting program for 
    (14) Applicability of the proposed rule to fractional ownership 
    (15) Qualifications of individuals who would be exempted from 
liability under the voluntary provision of emergency services.
    (16) The burden estimates, estimated costs of compliance, estimates 
regarding the small entities affected, and economic impact on the 
newly-regulated entities.

Participation at the Meeting

    The meeting is expected to begin at 9 a.m. Following an 
introduction by TSA, members of the public will be invited to present 
their views.
    Anyone wishing to present an oral statement at the meeting must 
register in person between 8 and 9 a.m. on the day of the meeting, and 
provide his or her name and affiliation. Speakers should keep comments 
brief and plan to speak for no more than three minutes when presenting 

Public Meeting Procedures

    TSA will use the following procedures to facilitate the meeting:
    (1) There will be no admission fee or other charge to attend or to 
participate in the meeting. The meeting will be open to all persons who 
are scheduled to present statements or who register in person between 8 
and 9 a.m. on the day of the meeting at the site of the public meeting. 
TSA will make every effort to accommodate all persons who wish to 
participate, but admission will be subject to availability of space in 
the meeting room. The meeting may adjourn early if scheduled speakers 
complete their statements or questions in less time than is scheduled 
for the meeting.
    (2) An individual, whether speaking in a personal or a 
representative capacity on behalf of an organization, will be limited 
to a three-minute statement and scheduled on a first-come, first-served 
basis. If a large number of persons register to present comments, this 
amount of time may be shortened to provide all registered persons an 
opportunity to present their comments.
    (3) Any speaker prevented by time constraints from speaking will be 
encouraged to submit written remarks, which will be made part of the 
    (4) For information on facilities or services for individuals with 
disabilities or to request assistance at the meeting, please contact 
the person listed in the FOR FURTHER INFORMATION CONTACT section above 
before December 31, 2008.
    (5) Representatives of TSA will preside over the meeting.
    (6) The meeting will be recorded by a court reporter. A transcript 
of the meeting and any material accepted by the panel during the 
meeting will be included in the public docket.
    (7) Statements made by TSA representatives are intended to 
facilitate discussion of the issues or to clarify issues. Any statement 
made during the meeting by a TSA representative is not intended to be, 
and should not be construed as, a position of TSA.
    (8) The meeting is designed to invite public views and gather 
additional information. No individual will be subject to cross-
examination by any other participant; however, TSA representatives may 
ask questions to clarify a statement.

    Issued in Arlington, Virginia, on December 12, 2008.
John Sammon,
Assistant Administrator for Transportation Sector Network Management.
 [FR Doc. E8-30045 Filed 12-17-08; 8:45 am]