[Federal Register Volume 76, Number 190 (Friday, September 30, 2011)]
[Rules and Regulations]
[Pages 60755-60756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25218]


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DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration

49 CFR Parts 1515, 1520, 1522, 1540, 1544, 1546, 1548, and 1549

[Docket No. TSA-2009-0018; Amendment Nos. 1515-2, 1520-9, 1522-1, 1540-
11, 1544-10, 1546-6, 1548-6, 1549-1]
RIN 1652-AA64


Air Cargo Screening; Reopening of Comment Period

AGENCY: Transportation Security Administration, DHS.

ACTION: Final rule; reopening of comment period.

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SUMMARY: On August 18, 2011, the Transportation Security Administration 
(TSA) published a final rule pertaining to air cargo screening with a 
request for comments on the proposed fee range and methodology for the 
processing of security threat assessments, and provided a 30-day public 
comment period that ended on September 19, 2011. The TSA has decided to 
reopen the comment period for an additional 30 days to allow the public 
to comment on data available in the public docket concerning the 
underlying methodology used to calculate the fee.

DATES: The comment period for the final rule at 76 FR 51848, Part III, 
August 18, 2011, is reopened until October 31, 2011.

ADDRESSES: You may submit comments, identified by the TSA docket number 
TSA-2009-0018, 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 
FDMS.
    See SUPPLEMENTARY INFORMATION for format and other information 
about comment submissions.

FOR FURTHER INFORMATION CONTACT: Alice Crowe, Senior Counsel, Office of 
Chief Counsel, TSA-22, Transportation Security Administration, 601 
South 12th Street, Arlington, VA 20598-6028; telephone (571) 227 -2652; 
facsimile (571) 227-1379; e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    TSA invites interested persons to participate in this action by 
submitting written comments, data, or views on the proposed fee range 
and the methodology used to develop the fee for the processing of 
security threat assessments detailed in the final rule. See ADDRESSES 
above for information on where to submit comments.
    With each comment, please identify the docket number, TSA-2009-
0018, 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 by 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 filing.
    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 all comments to our docket address, as well as items 
sent to the address or e-mail under FOR FURTHER INFORMATION CONTACT, in 
the public docket, except for comments containing confidential 
information and sensitive security information (SSI).\1\ Should you 
wish your personally identifiable information be redacted prior to 
filing in the docket, please so state. TSA will consider all comments 
that are in the docket 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.
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    \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.
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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.
    TSA will not place comments containing SSI 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 explaining that commenter's have submitted such 
documents. TSA may include a redacted version of the comment in the 
public docket. If an individual requests 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 in any of our dockets by the name of the individual who 
submitted the comment (or signed the comment, if an association, 
business, or labor union submitted the comment). You may review the 
applicable Privacy Act Statement published in the Federal Register on 
April 11, 2000 (65 FR

[[Page 60756]]

19477) and modified on January 17, 2008 (73 FR 3316).
    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 the Rulemaking and Comments Received

    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.

Background

    On August 18, 2011, TSA published the Air Cargo Screening final 
rule in a separate Part III of the Federal Register (76 FR 51848). The 
rule included a proposed new fee range of $31-$51 for security threat 
assessments (STAs). The final rule provided a 30-day comment period 
that ended on September 19, 2011, for public comments on the proposed 
fee range for the processing of STAs, and on the proposed fee range and 
the methodology used to develop the fee.
    In the preamble ``Fee Range'' section to the final rule, TSA stated 
that additional detailed information regarding the fee determination 
had been provided in the ``Air Cargo Screening Security Threat 
Assessment Fee Development Report.'' 76 FR 51858. The final rule stated 
that this report had been placed in the public docket established for 
this rulemaking. TSA inadvertently omitted to place this report in the 
public docket, and therefore the information in the report was not 
available for review during the comment period. TSA has since placed 
the report in the docket and is reopening the comment period for an 
additional 30 days on the proposed fee range of $31 to $51. This will 
allow interested parties the opportunity to provide substantive input 
on the additional information regarding the fee determination in the 
report.

Comment Period Reopening

    The TSA determines that reopening the comment period is in the 
public interest. Accordingly, the comment period for the final rule 
``Air Cargo Screening'' is reopened for an additional 30 days until 
October 31, 2011. This reopening will allow industry and other 
interested entities and individuals additional time to complete their 
comments on the fee range and methodology.

Notice of Final Fee

    Once this additional comment period closes, TSA will publish a 
notice in the Federal Register announcing the final fee, and will 
respond to comments received during both public comment periods on the 
proposed fee range in the Air Cargo Screening final rule.

    Issued in Arlington, Virginia on September 26, 2011.
Mardi Ruth Thompson,
Deputy Chief Counsel for Regulations.
[FR Doc. 2011-25218 Filed 9-29-11; 8:45 am]
BILLING CODE 9110-05-P