[Federal Register Volume 83, Number 52 (Friday, March 16, 2018)]
[Proposed Rules]
[Pages 11667-11668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05401]


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DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration

49 CFR Parts 1515, 1520, 1522, 1540, 1542, 1544, and 1550

[Docket No. TSA-2008-0021]
RIN 1652-AA53


Large Aircraft Security Program, Other Aircraft Operator Security 
Program, and Airport Operator Security Program; Withdrawal

AGENCY: Transportation Security Administration, DHS.

ACTION: Notice of proposed rulemaking; withdrawal.

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SUMMARY: The Transportation Security Administration (TSA) is 
withdrawing its rulemaking concerning the proposed establishment of a 
large aircraft security program (LASP). TSA published a notice of 
proposed rulemaking (NPRM) for LASP on October 30, 2008. In the NPRM, 
TSA proposed that certain private and corporate aircraft operations 
should adopt security standards similar to those of commercial aircraft 
operations, including the use of security programs, crew vetting, and 
passenger watchlist matching. The NPRM also proposed new requirements 
for airports that serve the private and corporate operations. TSA held 
a series of public meetings and reviewed more than 7,000 public 
comments submitted in response to the NPRM. Based on all of the 
information received and a re-evaluation of the proposal in light of 
risk-based principles, TSA has decided not to pursue this rulemaking at 
this time.

DATES: TSA is withdrawing the proposed rule published in Part III of 
the Federal Register on October 30, 2008 (73 FR 64789) as of March 16, 
2018.

FOR FURTHER INFORMATION CONTACT: Alan Paterno, Office of Security 
Policy and Engagement, TSA-28, Transportation Security Administration, 
601 South 12th Street, Arlington, VA 20598-6028; telephone (571) 227-
5698; facsimile (571) 227-2928; email [email protected].

SUPPLEMENTARY INFORMATION:

I. Overview of the NPRM

    TSA administers an extensive range of regulatory programs that 
address security for scheduled and charter commercial aviation 
operations. See 49 CFR parts 1544, 1546, 1548, 1550, 1560, and 1562. In 
the LASP NPRM, TSA

[[Page 11668]]

proposed to apply many of the current commercial requirements to 
private and corporate operations in aircraft with a certificated 
maximum take-off weight (MTOW) above 12,500 pounds (large aircraft) and 
airports that serve those aircraft.
    TSA proposed to require--
     (1) Non-commercial, large aircraft operators to adopt a 
security program like the security programs that commercial aviation 
services must implement;
     (2) Large aircraft operators to contract with TSA-approved 
auditors to conduct audits of the operators' compliance with their 
security programs, and with TSA-approved watch-list service providers 
to verify that their passengers are not on the No Fly and/or Selectee 
portions of the consolidated terrorist watch-lists maintained by the 
Federal Government;
     (3) Security measures for large aircraft operators in all-
cargo operations and for operators of passenger aircraft with a MTOW of 
over 45,500 kilograms (100,309.3 pounds), operated for compensation or 
hire; and
     (4) Certain airports that serve large aircraft to adopt 
new security programs.
    TSA believed the proposed rule would yield benefits in the areas of 
transportation security and accountability. TSA included a ``break-
even'' analysis that showed the tradeoffs between program cost and 
program benefits that would be required for the LASP to be a cost-
beneficial undertaking. TSA estimated that under the NPRM, covered 
aircraft operators, airport operators, passengers, and TSA would incur 
approximately $1.4 billion in costs over 10 years to comply with the 
proposed LASP, discounted at 7 percent in 2006 dollars.
    TSA received more than 7,000 comments from pilots, aircraft 
operators, airports, aviation workers, individuals, members of 
congress, aviation associations, and civic organizations. TSA also held 
numerous public meetings to solicit stakeholder input on the NPRM. Many 
supported some aspects of the LASP NPRM, but the overwhelming majority 
of commenters objected to it based on their views that it increased 
costs unnecessarily, created burdensome new processes, and would lead 
small airport and aircraft operators to go out of business causing 
widespread loss of employment. These commenters also asserted that 
there was no need for the LASP NPRM, as evidenced in part by the fact 
that there was no specific statutory mandate for it.
    TSA analyzed the comments carefully and considered issuing a 
supplemental notice of proposed rulemaking (SNPRM) to incorporate some 
of the ideas from the commenters into a new proposal. As part of this 
evaluation, TSA considered separating out some of the requirements into 
stand-alone rules, because the LASP NPRM covered several different 
kinds of airport and aircraft operations. Also, TSA considered changing 
the scope of the large aircraft that would be subject to the new 
regulations.

II. The Withdrawal

    Based on all of the foregoing information and consistent with risk-
based principles, TSA has decided to withdraw the LASP rulemaking at 
this time. In reaching this decision, TSA considered the relative costs 
and benefits of the NPRM identified through the agency's preliminary 
analysis. Moreover, TSA has several regulatory initiatives underway 
that are required by statute and have deadlines.
    As part of TSA's ongoing review of existing regulatory programs and 
to reduce the costs of regulations,\1\ TSA evaluated this withdrawal 
based on the requirements of E.O. 13771. The withdrawal of the NPRM 
qualifies as a deregulatory action under E.O. 13771. See OMB's 
Memorandum titled ``Guidance Implementing Executive Order 13771, Titled 
`Reducing Regulation and Controlling Regulatory Costs' '' (April 5, 
2017). However, there are no quantifiable cost savings associated with 
the withdrawal of this NPRM.
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    \1\ E.O. 13771 (Jan. 30, 2017), Reducing Regulation and 
Controlling Regulatory Costs, directs that, unless prohibited by 
law, whenever an executive department or agency publicly proposes 
for notice and comment or otherwise promulgates a new regulation, it 
must repeal two or more existing regulations. Also, any new 
incremental costs associated with new regulations must, to the 
extent permitted by law, be offset by the elimination of existing 
costs. Only rules that are significant under section 3(f) of E.O. 
12866 (Sept. 30, 1993), Regulatory Planning and Review, are subject 
to these requirements.

    Dated: March 12, 2018.
David P. Pekoske,
Administrator.
[FR Doc. 2018-05401 Filed 3-15-18; 8:45 am]
 BILLING CODE 9110-05-P