Air Cargo Security Requirements; Compliance Dates; Amendment, 62546-62550 [06-8904]

Download as PDF 62546 Federal Register / Vol. 71, No. 206 / Wednesday, October 25, 2006 / Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration 49 CFR Parts 1544, 1546, and 1548 [Docket No. TSA–2004–19515; Amendment Nos. 1544–6, 1546–3, and 1548–3] RIN 1652–AA52 Air Cargo Security Requirements; Compliance Dates; Amendment Transportation Security Administration (TSA), DHS. ACTION: Interim final rule; request for comments. AGENCY: SUMMARY: This interim final rule (IFR) amends the Air Cargo Security Requirements final rule (Air Cargo Final Rule) (published May 26, 2006, and corrected in June 2006) by extending the compliance dates by which certain requirements must be completed. TSA has concluded that the regulated community will be unable to meet some deadlines in the Air Cargo Final Rule because of the large number of employees and agents subject to the requirements. TSA is, therefore, extending dates for the following requirements: That aircraft operators, foreign air carriers, and indirect air carriers (IACs) ensure that their employees and agents with unescorted access to cargo successfully complete a Security Threat Assessment (STA); that IACs ensure that their employees and agents performing security-related duties are trained in the IAC’s security program; and that airport operators ensure that individuals with unescorted access to expanded Security Identification Display Areas (SIDA) are subjected to a criminal history records check (CHRC) and a name-based security threat assessment (STA), receive proper security training, and hold appropriate personnel identification. Effective Date: This rule is effective October 23, 2006. Comment Date: Comments must be received by December 26, 2006. Compliance Dates: Compliance date for STAs for employees under §§ 1544.228, 1546.213, 1548.15, and for IAC proprietors, general partners, officers, directors and certain owners of the entity under § 1548.16: Changed from December 1, 2006 to March 15, 2007. Compliance date for STAs for agents under §§ 1544.228, 1546.213 and 1548.15: Changed from December 1, 2006 to June 15, 2007. hsrobinson on PROD1PC76 with RULES DATES: VerDate Aug<31>2005 16:30 Oct 24, 2006 Jkt 211001 Compliance date for training of IAC employees under §§ 1548.11: Remains November 22, 2006. Compliance date for training of IAC agents §§ 1548.11: Changed from November 22, 2006 to June 15, 2007. Compliance date for submission and approval of extension of Secure Identification Display Area (SIDA) boundaries to cargo areas under § 1542.205(a)(2) and (3): Remains October 23, 2006. Compliance date for full compliance with requirements for individuals with unescorted access to expanded SIDA under §§ 1542.205(b)(2), 1542.209, 1542.211, 1542.213, and Security Directives: Changed from October 23, 2006 to January 22, 2007. ADDRESSES: You may submit comments, identified by the TSA docket number to this rulemaking, using any one of the following methods: Comments Filed Electronically: You may submit comments through the docket Web site at http://dms.dot.gov. You also may submit comments through the Federal Rulemaking portal at http:// www.regulations.gov. Comments Submitted by Mail, Fax, or In Person: Address or deliver your written, signed comments to the Docket Management System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh Street, SW., Washington, DC 20590–0001; Fax: 202–493–2251. See SUPPLEMENTARY INFORMATION for format and other information about comment submissions. FOR FURTHER INFORMATION CONTACT: Tamika McCree, Office of Transportation Security Network Management (TSA–28), Transportation Security Administration, 601 South 12th Street, Arlington, VA 22202; (571– 227–2632); tamika.mccree@dhs.gov. SUPPLEMENTARY INFORMATION: Comments Invited This interim final rule is being adopted without prior notice and prior public comment. However, to the maximum extent possible, TSA will provide an opportunity for public comment on regulations issued without prior notice. Accordingly, TSA invites interested persons to participate in this rulemaking by submitting written comments, data, or views. We also invite comments relating to the economic, environmental, energy, or federalism impacts that might result from adopting the proposals in this document. See ADDRESSES above for information on where to submit comments. With each comment, please include your name and address, identify the PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 docket number at the beginning of your comments, and give the reason for each comment. The most helpful comments reference a specific portion of the rulemaking, 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 two copies, in an unbound format, no larger than 8.5 by 11 inches, suitable for copying and electronic filing. If you want TSA to acknowledge receipt of comments submitted by mail, include with your comments a selfaddressed, 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. 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 rulemaking. 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 them 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 receives a request to 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. E:\FR\FM\25OCR3.SGM 25OCR3 Federal Register / Vol. 71, No. 206 / Wednesday, October 25, 2006 / Rules and Regulations examine or copy this information, 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’s) 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 submitting the comment (or signing 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 http:// dms.dot.gov. You may review the comments in the public docket by visiting the Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Dockets Office is located on the plaza level of the Nassif Building at the Department of Transportation address, previously provided under ADDRESSES. Also, you may review public dockets on the Internet at http:// dms.dot.gov. 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.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. hsrobinson on PROD1PC76 with RULES Small Entity Inquiries The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 requires TSA to comply with small entity requests for information and advice about compliance with statutes and regulations within 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/law_lib.html. VerDate Aug<31>2005 16:30 Oct 24, 2006 Jkt 211001 Background On May 26, 2006, TSA published a final rule in the Federal Register (71 FR 30478) on air cargo security requirements (Air Cargo Final Rule) to enhance and improve the security of air cargo transportation. Sections 1544.228, 1546.213, 1548.15, and 1548.16 of the final rule incorrectly stated that the deadline for completion of the security threat assessments (STAs) required by those sections was November 22, 2006 (71 FR 30478, 30511–12 and 30516). This conflicted with the DATES section of the rule, which listed the compliance date for STAs as December 1, 2006. On June 2, 2006, TSA issued a notice correcting the deadline for STAs in the pertinent regulatory text to December 1, 2006 (71 FR 31964). Also, on June 8, 2006 (71 FR 33254), TSA published an additional correction notice that added an amendatory instruction in § 1548.1 to remove the word ‘‘passenger’’ that had inadvertently been included in the Air Cargo Final Rule. Requirements of the Air Cargo Final Rule The Air Cargo Final Rule, in part, requires that aircraft operators, foreign air carriers, and indirect air carriers (IACs) ensure that security threat assessments (STAs) are completed on their employees and agents with unescorted access to cargo under §§ 1544.228, 1546.213, and 1548.15, and on proprietors, general partners, officers, directors, and certain owners of an IAC entity under § 1548.16. The compliance date for these sections (following the June 2, 2006 correction) is December 1, 2006. In addition, § 1548.11 requires that by November 22, 2006, IACs must ensure that no employee or agent may perform any security-related duties under the IAC’s security program unless that employee or agent is properly trained. Another requirement of the Air Cargo Final Rule provides that each part of the air operations area in an airport that is regularly used to load or unload cargo from an aircraft, and areas where cargo is present after a carrier or IAC accepts it, must be a security identification display area (SIDA) (See §§ 1542.205(a)(2) and (3)). Under requirements in effect before publication of the Air Cargo Final Rule, airport operators must ensure that each individual with unescorted access to the SIDA is subject to a criminal history records check (CHRC), holds an appropriate identification, successfully completes training in accordance with the TSA-approved curriculum, and undergoes a name-based STA by TSA PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 62547 (See §§ 1542.209, 1542.211 and 1542.213(b); and Security Directives).2 The current deadline for all of the above SIDA requirements is October 23, 2006. On June 1, 2006, TSA issued proposed revised and new security programs for aircraft operators, foreign air carriers (FACs), and IACs that would implement the requirements of the Air Cargo Final Rule.3 TSA received extensive comments to the proposed revised and new security programs. STAs and Training for Employees and Agents of Aircraft Operators, Foreign Air Carriers, and IACs Some commenters were very concerned about their ability to comply with the deadlines for completion of STAs and training for the employees and numerous agents of the regulated parties. Under the final rule, the deadline for completion of training is November 22, 2006. Agents are not direct employees of the air carriers, nor are they directly regulated by TSA. Rather, ‘‘agents’’ are entities under contract with the air carriers to perform a security responsibility. For example, an IAC may contract with a cartage agent to move cargo from a warehouse to an airport. An IAC may use the services of many agents for cartage and warehousing, and each of those cartage and warehousing agents may serve multiple IACs. IACs are responsible for ensuring that their agents are properly trained to perform security responsibilities, and actually carry out the IAC’s security program. Commenters raised concerns as to how these agents will determine whether or not the driver picking up, or delivering cargo, actually has undergone an STA and has been trained in the IAC security program. TSA is enhancing the IAC Management System (IACMS) to process STA applications and results, and is providing online training for employees and agents. However, only IACs will have access to the IACMS data base to determine if a driver has an STA. Commenters stated that it would be helpful to have a system that will allow them to identify and verify those individuals with the requisite STAs and training. Otherwise, in order for an IAC to ensure compliance with the Air Cargo Final Rule and their security program, the IAC would have to conduct an STA 2 Security Directives constitute sensitive security information (SSI) that can be disclosed only to persons with a need to know, in accordance with 49 CFR part 1520. 3 Security programs constitute SSI that can be disclosed only to persons with a need to know, in accordance with 49 CFR part 1520. Therefore, the security programs could only be distributed to affected aircraft operators, foreign air carriers, and IACs for comment. E:\FR\FM\25OCR3.SGM 25OCR3 62548 Federal Register / Vol. 71, No. 206 / Wednesday, October 25, 2006 / Rules and Regulations and train a driver who may already have undergone an STA and had the training. This would be unnecessary and duplicative. This is an important issue that bears both on the regulated parties’ compliance and on aviation security. In recognition of this complex issue, and to facilitate a high level of compliance with the requirements of the Air Cargo Final Rule, TSA is extending the deadlines for STAs and training, as discussed below. TSA has provided more time for the STAs and training of the agents of airport operators, FACs and IACs than for employees because there are fewer employees than agents, and airport operators and air carriers have more control over their own direct employees, than agents. CHRCs, STAs, and Identification Media for SIDA Access; Training TSA has also received comments indicating that there will be hundreds, if not thousands, of airport employees who will be affected by the expansion of SIDA to include air operation areas regularly used to load cargo on, or unload cargo from, an aircraft that is operated under a full program or a full all-cargo program as specified in § 1542.205. These comments indicate that it will not be possible to subject each of these individuals to a CHRC, a name-based STA, SIDA training, or the appropriate personnel identification requirements by October 23, 2006. Extension of Compliance Dates For the above stated reasons, TSA has determined that the compliance date for STAs for employees of aircraft operators, FACs, and IACs under §§ 1544.228, 1546.213, 1548.15, and 1548.16 will be extended to March 15, 2007. STAs for agents of these entities will be extended to June 15, 2007. The compliance date of November 22, 2006 for training is still applicable to employees of aircraft operators, foreign air carriers and IACs under § 1548.11. Because of the high volume of agents and the complications associated with carriers trying to determine which agents need STAs and training, however, TSA is extending the deadline for the training of IAC agents from November 22, 2006 to June 15, 2007. Based on comments received, TSA is also extending the deadlines for subjecting each individual with unescorted access to a SIDA to a CHRC, to a name-based STA, to SIDA training, or to personnel identification requirements from October 23, 2006 to January 22, 2007. TSA is not changing the compliance date for submission and approval of the new SIDA boundaries, as there is no need to do so. Airport operators will already know where cargo is present and being loaded and unloaded; therefore, they will be able to comply with the October 23, 2006 compliance date. Summary of Compliance Date Changes TSA has made the following amendments to the Air Cargo Final Rule text: 4 Air Cargo Final Rule (May 26, 2006), as amended (June 2, 2006), compliance dates STAs/training and other requirements STAs for employees of aircraft operators, foreign air carriers and indirect air carriers (IACs) under §§ 1544.228, 1546.213, 1548.15. STAs for agents of aircraft operators, foreign air carriers and IACs under §§ 1544.228, 1546.213, 1548.15. STAs for IAC proprietors, general partners, officers, directors and certain owners under § 1548.16 Training of IAC employees under § 1548.11 ....................................................................................... Training of IAC agents under § 1548.11 .............................................................................................. Establishing the boundaries of SIDA for air cargo areas under § 1542.205(a)(2) .............................. CHRC, training, name-based STAs, and ID requirements for individuals with unescorted access to expanded SIDA under §§ 1542.205, 1542.209, 1542.211, 1542.213, and SDs. hsrobinson on PROD1PC76 with RULES Good Cause for Immediate Adoption and Immediate Effective Date TSA is issuing this amendment without providing the public prior notice and the opportunity for comment, and it has an effective date less than 30 days after publication in the Federal Register. Sections 553(b) and (d) of the Administrative Procedure Act (APA) (5 U.S.C. 553) authorize agencies to dispense with certain notice procedures for rules when they find good cause to do so. Under section 553(b), the requirements of notice and opportunity for comment do not apply when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Section 553(d) allows an agency, upon finding good cause, to 4 All of the compliance dates were stated in the Air Cargo Final Rule text, except the requirement VerDate Aug<31>2005 16:30 Oct 24, 2006 Jkt 211001 Amended compliance dates December 1, 2006 .. March 15, 2007. December 1, 2006 .. June 15, 2007. December 1, 2006 .. November 22, 2006 November 22, 2006 October 23, 2006 .... October 23, 2006 .... March 15, 2007. Same. June 15, 2007. Same. January 22, 2007. make a rule effective immediately, thereby avoiding the 30-day delayed effective date requirement in section 553. TSA finds that providing an opportunity for prior notice and public comment on the extensions of the compliance dates in the provisions of the Air Cargo Final Rule identified in the IFR is unnecessary and contrary to the public interest. As detailed above, TSA believes that: (a) Regulated parties will have significant difficulty in complying with the regulations in the time specified; (b) no party will be adversely affected by the extensions; (c) the lack of notice will not cause any hardship; and (d) it would be impracticable to provide timely notice and opportunity to comment prior to the implementation dates currently set forth in the regulations. that airport operators extend the boundaries of the SIDA to cargo operations. The compliance date for this requirement is the effective date of the Air Cargo Final Rule: October 23, 2006. PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 Paperwork Reduction Act The Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et seq.) requires that a Federal agency consider the impact of paperwork and other information collection burdens imposed on the public and, under the provisions of PRA section 3507(d), obtain approval from the Office of Management and Budget (OMB) for each collection of information it conducts, sponsors, or requires through regulations. TSA has determined that there are no current or new information collection requirements associated with this rule. E:\FR\FM\25OCR3.SGM 25OCR3 Federal Register / Vol. 71, No. 206 / Wednesday, October 25, 2006 / Rules and Regulations Regulatory Analyses Executive Order 12866 Assessment In conducting these analyses, TSA has determined that this rulemaking is not a ‘‘significant regulatory action’’ as defined in the Executive Order. Regulatory Flexibility Act The Regulatory Flexibility Act of 1980 (RFA) (5 U.S.C. 601 et seq., as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996), requires agencies to perform a review to determine whether a proposed or final rule will have a significant economic impact on a substantial number of small entities when the Administrative Procedure Act (APA) requires notice and comment rulemaking. Consistent with the APA and for the reasons provided under ‘‘Good Cause for Immediate Adoption,’’ TSA is issuing this rule as an interim final rule. Accordingly, the regulatory flexibility analysis as described in the RFA is not required. TSA notes, however, that we have analyzed the small business impacts of the air cargo rulemaking that this IFR amends. A Final Regulatory Flexibility Analysis (FRFA) was placed on the public docket in the Regulatory Impact Analysis document for the Air Cargo Final Rule issued on May 26, 2006. The extension of the compliance dates in this IFR provides more flexibility than the final rule. hsrobinson on PROD1PC76 with RULES 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. TSA has assessed the potential effect of this rulemaking and has determined that it will not create any unnecessary obstacles to foreign commerce. 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 VerDate Aug<31>2005 16:30 Oct 24, 2006 Jkt 211001 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 TSA has not prepared a statement under the Act. Executive Order 13132, Federalism TSA has analyzed this final rule under the principles and criteria of Executive Order 13132, Federalism. We determined that this action will not have a substantial direct effect on the States, or 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, does not have federalism implications. Environmental Analysis 62549 PART 1544—AIRCRAFT OPERATOR SECURITY: AIR CARRIERS AND COMMERCIAL OPERATORS 1. The authority citation for part 1544 continues to read as follows: I Authority: 49 U.S.C. 114, 5103, 40113, 44901–44905, 44907, 44913–44914, 44916– 44918, 44932, 44935–44936, 44942, 46105. 2. Revise § 1544.228(d) to read as follows: I § 1544.228 Access to cargo: Security threat assessments for cargo personnel in the United States. * * * * * (d) Operators must comply with the requirements of this section not later than March 15, 2007, for direct employees and not later than June 15, 2007, for agents. PART 1546—FOREIGN AIR CARRIER SECURITY 3. The authority citation for part 1546 continues to read as follows: I TSA has reviewed this action for purposes of the National Environmental 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 Analysis The energy impact of the action has been assessed in accordance with the Energy Policy and Conservation Act (EPCA), Public Law 94–163, as amended (42 U.S.C. 6362). We have determined that this rulemaking is not a major regulatory action under the provisions of the EPCA. Authority: 49 U.S.C. 114, 5103, 40113, 44901–44905, 44907, 44914, 44916–44917, 44935–44936, 44942, 46105. 4. Revise § 1546.213(d) to read as follows: I § 1546.213 Access to cargo: Security threat assessments for cargo personnel in the United States. * * * * * (d) Operators must comply with the requirements of this section not later than March 15, 2007, for direct employees and not later than June 15, 2007, for agents. PART 1548—INDIRECT AIR CARRIER SECURITY List of Subjects 49 CFR Part 1544 Air carriers, Aircraft, Aviation safety, Freight forwarders, Incorporation by reference, Reporting and recordkeeping requirements, Security measures. 49 CFR Part 1546 5. The authority citation for part 1548 continues to read as follows: I Authority: 49 U.S.C. 114, 5103, 40113, 44901–44905, 44913–44914, 44916–44917, 44932, 44935–44936, 46105. 6. Revise § 1548.11(d) to read as follows: I Aircraft, Aviation safety, Foreign Air Carriers, Incorporation by reference, Reporting and recordkeeping requirements, Security measures. § 1548.11 Training and knowledge for individuals with security-related duties. Air transportation, Reporting and recordkeeping requirements, Security measures. * * * * (d) Operators must comply with the requirements of this section not later than November 22, 2006, for direct employees and not later than June 15, 2007, for agents. The Amendment I For the reasons set forth above, the Transportation Security Administration amends title 49 of the Code of Federal Regulations, parts 1544, 1546, and 1548, as follows: § 1548.15 Access to cargo: Security threat assessments for individuals having unescorted access to cargo. 49 CFR Part 1548 I PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 * 7. Revise § 1548.15(d) to read as follows: * E:\FR\FM\25OCR3.SGM * * 25OCR3 * * 62550 Federal Register / Vol. 71, No. 206 / Wednesday, October 25, 2006 / Rules and Regulations (d) Operators must comply with the requirements of this section not later than March 15, 2007, for direct employees and not later than June 15, 2007, for agents. 8. Revise § 1548.16(a) to read as follows: hsrobinson on PROD1PC76 with RULES I VerDate Aug<31>2005 16:30 Oct 24, 2006 Jkt 211001 § 1548.16 Security threat assessments for each proprietor, general partner, officer, director, and certain owners of the entity. (a) Each indirect air carrier, or applicant to be an indirect air carrier, must ensure that each proprietor, general partner, officer, director, and owner of the entity has successfully completed a Security Threat Assessment under part 1540, subpart C, of this chapter. Each indirect air carrier must comply with the requirements of this section not later than March 15, 2007. * * * * * Issued in Arlington, Virginia, on October 20, 2006. Robert D. Jamison, Deputy Administrator. [FR Doc. 06–8904 Filed 10–23–06; 2:47 pm] PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 BILLING CODE 9110–05–P E:\FR\FM\25OCR3.SGM 25OCR3

Agencies

[Federal Register Volume 71, Number 206 (Wednesday, October 25, 2006)]
[Rules and Regulations]
[Pages 62546-62550]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-8904]



[[Page 62545]]

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Part IV





Department of Homeland Security





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Transportation Security Administration



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49 CFR Parts 1544, 1546, and 1548



 Air Cargo Security Requirements; Compliance Dates; Amendment; Interim 
Final Rule

Federal Register / Vol. 71, No. 206 / Wednesday, October 25, 2006 / 
Rules and Regulations

[[Page 62546]]


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DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration

49 CFR Parts 1544, 1546, and 1548

[Docket No. TSA-2004-19515; Amendment Nos. 1544-6, 1546-3, and 1548-3]
RIN 1652-AA52


Air Cargo Security Requirements; Compliance Dates; Amendment

AGENCY: Transportation Security Administration (TSA), DHS.

ACTION: Interim final rule; request for comments.

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SUMMARY: This interim final rule (IFR) amends the Air Cargo Security 
Requirements final rule (Air Cargo Final Rule) (published May 26, 2006, 
and corrected in June 2006) by extending the compliance dates by which 
certain requirements must be completed. TSA has concluded that the 
regulated community will be unable to meet some deadlines in the Air 
Cargo Final Rule because of the large number of employees and agents 
subject to the requirements. TSA is, therefore, extending dates for the 
following requirements: That aircraft operators, foreign air carriers, 
and indirect air carriers (IACs) ensure that their employees and agents 
with unescorted access to cargo successfully complete a Security Threat 
Assessment (STA); that IACs ensure that their employees and agents 
performing security-related duties are trained in the IAC's security 
program; and that airport operators ensure that individuals with 
unescorted access to expanded Security Identification Display Areas 
(SIDA) are subjected to a criminal history records check (CHRC) and a 
name-based security threat assessment (STA), receive proper security 
training, and hold appropriate personnel identification.

DATES: Effective Date: This rule is effective October 23, 2006.
    Comment Date: Comments must be received by December 26, 2006.
    Compliance Dates: Compliance date for STAs for employees under 
Sec. Sec.  1544.228, 1546.213, 1548.15, and for IAC proprietors, 
general partners, officers, directors and certain owners of the entity 
under Sec.  1548.16: Changed from December 1, 2006 to March 15, 2007.
    Compliance date for STAs for agents under Sec. Sec.  1544.228, 
1546.213 and 1548.15: Changed from December 1, 2006 to June 15, 2007.
    Compliance date for training of IAC employees under Sec. Sec.  
1548.11: Remains November 22, 2006.
    Compliance date for training of IAC agents Sec. Sec.  1548.11: 
Changed from November 22, 2006 to June 15, 2007.
    Compliance date for submission and approval of extension of Secure 
Identification Display Area (SIDA) boundaries to cargo areas under 
Sec.  1542.205(a)(2) and (3): Remains October 23, 2006.
    Compliance date for full compliance with requirements for 
individuals with unescorted access to expanded SIDA under Sec. Sec.  
1542.205(b)(2), 1542.209, 1542.211, 1542.213, and Security Directives: 
Changed from October 23, 2006 to January 22, 2007.

ADDRESSES: You may submit comments, identified by the TSA docket number 
to this rulemaking, using any one of the following methods:
    Comments Filed Electronically: You may submit comments through the 
docket Web site at http://dms.dot.gov. You also may submit comments 
through the Federal Rulemaking portal at http://www.regulations.gov.
    Comments Submitted by Mail, Fax, or In Person: Address or deliver 
your written, signed comments to the Docket Management System, U.S. 
Department of Transportation, Room Plaza 401, 400 Seventh Street, SW., 
Washington, DC 20590-0001; Fax: 202-493-2251.
    See SUPPLEMENTARY INFORMATION for format and other information 
about comment submissions.

FOR FURTHER INFORMATION CONTACT: Tamika McCree, Office of 
Transportation Security Network Management (TSA-28), Transportation 
Security Administration, 601 South 12th Street, Arlington, VA 22202; 
(571-227-2632); tamika.mccree@dhs.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    This interim final rule is being adopted without prior notice and 
prior public comment. However, to the maximum extent possible, TSA will 
provide an opportunity for public comment on regulations issued without 
prior notice. Accordingly, TSA invites interested persons to 
participate in this rulemaking by submitting written comments, data, or 
views. We also invite comments relating to the economic, environmental, 
energy, or federalism impacts that might result from adopting the 
proposals in this document. See ADDRESSES above for information on 
where to submit comments.
    With each comment, please include your name and address, identify 
the docket number at the beginning of your comments, and give the 
reason for each comment. The most helpful comments reference a specific 
portion of the rulemaking, 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 two 
copies, in an unbound format, no larger than 8.5 by 11 inches, suitable 
for copying and electronic filing.
    If you want 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.
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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.
---------------------------------------------------------------------------

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 rulemaking. 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 them 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 receives a request to

[[Page 62547]]

examine or copy this information, 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's) 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 submitting the comment (or signing 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 http://
dms.dot.gov.
    You may review the comments in the public docket by visiting the 
Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The Dockets Office is located on the plaza level of 
the Nassif Building at the Department of Transportation address, 
previously provided under ADDRESSES. Also, you may review public 
dockets on the Internet at http://dms.dot.gov.

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.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.

Small Entity Inquiries

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires TSA to comply with small entity requests for information 
and advice about compliance with statutes and regulations within 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/
law_lib.html.

Background

    On May 26, 2006, TSA published a final rule in the Federal Register 
(71 FR 30478) on air cargo security requirements (Air Cargo Final Rule) 
to enhance and improve the security of air cargo transportation. 
Sections 1544.228, 1546.213, 1548.15, and 1548.16 of the final rule 
incorrectly stated that the deadline for completion of the security 
threat assessments (STAs) required by those sections was November 22, 
2006 (71 FR 30478, 30511-12 and 30516). This conflicted with the DATES 
section of the rule, which listed the compliance date for STAs as 
December 1, 2006. On June 2, 2006, TSA issued a notice correcting the 
deadline for STAs in the pertinent regulatory text to December 1, 2006 
(71 FR 31964). Also, on June 8, 2006 (71 FR 33254), TSA published an 
additional correction notice that added an amendatory instruction in 
Sec.  1548.1 to remove the word ``passenger'' that had inadvertently 
been included in the Air Cargo Final Rule.

Requirements of the Air Cargo Final Rule

    The Air Cargo Final Rule, in part, requires that aircraft 
operators, foreign air carriers, and indirect air carriers (IACs) 
ensure that security threat assessments (STAs) are completed on their 
employees and agents with unescorted access to cargo under Sec. Sec.  
1544.228, 1546.213, and 1548.15, and on proprietors, general partners, 
officers, directors, and certain owners of an IAC entity under Sec.  
1548.16. The compliance date for these sections (following the June 2, 
2006 correction) is December 1, 2006. In addition, Sec.  1548.11 
requires that by November 22, 2006, IACs must ensure that no employee 
or agent may perform any security-related duties under the IAC's 
security program unless that employee or agent is properly trained.
    Another requirement of the Air Cargo Final Rule provides that each 
part of the air operations area in an airport that is regularly used to 
load or unload cargo from an aircraft, and areas where cargo is present 
after a carrier or IAC accepts it, must be a security identification 
display area (SIDA) (See Sec. Sec.  1542.205(a)(2) and (3)). Under 
requirements in effect before publication of the Air Cargo Final Rule, 
airport operators must ensure that each individual with unescorted 
access to the SIDA is subject to a criminal history records check 
(CHRC), holds an appropriate identification, successfully completes 
training in accordance with the TSA-approved curriculum, and undergoes 
a name-based STA by TSA (See Sec. Sec.  1542.209, 1542.211 and 
1542.213(b); and Security Directives).\2\ The current deadline for all 
of the above SIDA requirements is October 23, 2006.
---------------------------------------------------------------------------

    \2\ Security Directives constitute sensitive security 
information (SSI) that can be disclosed only to persons with a need 
to know, in accordance with 49 CFR part 1520.
---------------------------------------------------------------------------

    On June 1, 2006, TSA issued proposed revised and new security 
programs for aircraft operators, foreign air carriers (FACs), and IACs 
that would implement the requirements of the Air Cargo Final Rule.\3\ 
TSA received extensive comments to the proposed revised and new 
security programs.
---------------------------------------------------------------------------

    \3\ Security programs constitute SSI that can be disclosed only 
to persons with a need to know, in accordance with 49 CFR part 1520. 
Therefore, the security programs could only be distributed to 
affected aircraft operators, foreign air carriers, and IACs for 
comment.
---------------------------------------------------------------------------

STAs and Training for Employees and Agents of Aircraft Operators, 
Foreign Air Carriers, and IACs

    Some commenters were very concerned about their ability to comply 
with the deadlines for completion of STAs and training for the 
employees and numerous agents of the regulated parties. Under the final 
rule, the deadline for completion of training is November 22, 2006.
    Agents are not direct employees of the air carriers, nor are they 
directly regulated by TSA. Rather, ``agents'' are entities under 
contract with the air carriers to perform a security responsibility. 
For example, an IAC may contract with a cartage agent to move cargo 
from a warehouse to an airport. An IAC may use the services of many 
agents for cartage and warehousing, and each of those cartage and 
warehousing agents may serve multiple IACs. IACs are responsible for 
ensuring that their agents are properly trained to perform security 
responsibilities, and actually carry out the IAC's security program.
    Commenters raised concerns as to how these agents will determine 
whether or not the driver picking up, or delivering cargo, actually has 
undergone an STA and has been trained in the IAC security program. TSA 
is enhancing the IAC Management System (IACMS) to process STA 
applications and results, and is providing online training for 
employees and agents. However, only IACs will have access to the IACMS 
data base to determine if a driver has an STA. Commenters stated that 
it would be helpful to have a system that will allow them to identify 
and verify those individuals with the requisite STAs and training. 
Otherwise, in order for an IAC to ensure compliance with the Air Cargo 
Final Rule and their security program, the IAC would have to conduct an 
STA

[[Page 62548]]

and train a driver who may already have undergone an STA and had the 
training. This would be unnecessary and duplicative.
    This is an important issue that bears both on the regulated 
parties' compliance and on aviation security. In recognition of this 
complex issue, and to facilitate a high level of compliance with the 
requirements of the Air Cargo Final Rule, TSA is extending the 
deadlines for STAs and training, as discussed below. TSA has provided 
more time for the STAs and training of the agents of airport operators, 
FACs and IACs than for employees because there are fewer employees than 
agents, and airport operators and air carriers have more control over 
their own direct employees, than agents.

CHRCs, STAs, and Identification Media for SIDA Access; Training

    TSA has also received comments indicating that there will be 
hundreds, if not thousands, of airport employees who will be affected 
by the expansion of SIDA to include air operation areas regularly used 
to load cargo on, or unload cargo from, an aircraft that is operated 
under a full program or a full all-cargo program as specified in Sec.  
1542.205. These comments indicate that it will not be possible to 
subject each of these individuals to a CHRC, a name-based STA, SIDA 
training, or the appropriate personnel identification requirements by 
October 23, 2006.

Extension of Compliance Dates

    For the above stated reasons, TSA has determined that the 
compliance date for STAs for employees of aircraft operators, FACs, and 
IACs under Sec. Sec.  1544.228, 1546.213, 1548.15, and 1548.16 will be 
extended to March 15, 2007. STAs for agents of these entities will be 
extended to June 15, 2007.
    The compliance date of November 22, 2006 for training is still 
applicable to employees of aircraft operators, foreign air carriers and 
IACs under Sec.  1548.11. Because of the high volume of agents and the 
complications associated with carriers trying to determine which agents 
need STAs and training, however, TSA is extending the deadline for the 
training of IAC agents from November 22, 2006 to June 15, 2007.
    Based on comments received, TSA is also extending the deadlines for 
subjecting each individual with unescorted access to a SIDA to a CHRC, 
to a name-based STA, to SIDA training, or to personnel identification 
requirements from October 23, 2006 to January 22, 2007. TSA is not 
changing the compliance date for submission and approval of the new 
SIDA boundaries, as there is no need to do so. Airport operators will 
already know where cargo is present and being loaded and unloaded; 
therefore, they will be able to comply with the October 23, 2006 
compliance date.

Summary of Compliance Date Changes

    TSA has made the following amendments to the Air Cargo Final Rule 
text: \4\
---------------------------------------------------------------------------

    \4\ All of the compliance dates were stated in the Air Cargo 
Final Rule text, except the requirement that airport operators 
extend the boundaries of the SIDA to cargo operations. The 
compliance date for this requirement is the effective date of the 
Air Cargo Final Rule: October 23, 2006.

----------------------------------------------------------------------------------------------------------------
                                           Air Cargo Final Rule (May 26,
 STAs/training and other requirements    2006), as amended (June 2, 2006),        Amended  compliance  dates
                                                  compliance dates
----------------------------------------------------------------------------------------------------------------
STAs for employees of aircraft          December 1, 2006...................  March 15, 2007.
 operators, foreign air carriers and
 indirect air carriers (IACs) under
 Sec.  Sec.   1544.228, 1546.213,
 1548.15.
STAs for agents of aircraft operators,  December 1, 2006...................  June 15, 2007.
 foreign air carriers and IACs under
 Sec.  Sec.   1544.228, 1546.213,
 1548.15.
STAs for IAC proprietors, general       December 1, 2006...................  March 15, 2007.
 partners, officers, directors and
 certain owners under Sec.   1548.16.
Training of IAC employees under Sec.    November 22, 2006..................  Same.
 1548.11.
Training of IAC agents under Sec.       November 22, 2006..................  June 15, 2007.
 1548.11.
Establishing the boundaries of SIDA     October 23, 2006...................  Same.
 for air cargo areas under Sec.
 1542.205(a)(2).
CHRC, training, name-based STAs, and    October 23, 2006...................  January 22, 2007.
 ID requirements for individuals with
 unescorted access to expanded SIDA
 under Sec.  Sec.   1542.205,
 1542.209, 1542.211, 1542.213, and SDs.
----------------------------------------------------------------------------------------------------------------

Good Cause for Immediate Adoption and Immediate Effective Date

    TSA is issuing this amendment without providing the public prior 
notice and the opportunity for comment, and it has an effective date 
less than 30 days after publication in the Federal Register.
    Sections 553(b) and (d) of the Administrative Procedure Act (APA) 
(5 U.S.C. 553) authorize agencies to dispense with certain notice 
procedures for rules when they find good cause to do so. Under section 
553(b), the requirements of notice and opportunity for comment do not 
apply when the agency for good cause finds that those procedures are 
``impracticable, unnecessary, or contrary to the public interest.'' 
Section 553(d) allows an agency, upon finding good cause, to make a 
rule effective immediately, thereby avoiding the 30-day delayed 
effective date requirement in section 553.
    TSA finds that providing an opportunity for prior notice and public 
comment on the extensions of the compliance dates in the provisions of 
the Air Cargo Final Rule identified in the IFR is unnecessary and 
contrary to the public interest. As detailed above, TSA believes that: 
(a) Regulated parties will have significant difficulty in complying 
with the regulations in the time specified; (b) no party will be 
adversely affected by the extensions; (c) the lack of notice will not 
cause any hardship; and (d) it would be impracticable to provide timely 
notice and opportunity to comment prior to the implementation dates 
currently set forth in the regulations.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et seq.) 
requires that a Federal agency consider the impact of paperwork and 
other information collection burdens imposed on the public and, under 
the provisions of PRA section 3507(d), obtain approval from the Office 
of Management and Budget (OMB) for each collection of information it 
conducts, sponsors, or requires through regulations. TSA has determined 
that there are no current or new information collection requirements 
associated with this rule.

[[Page 62549]]

Regulatory Analyses

Executive Order 12866 Assessment

    In conducting these analyses, TSA has determined that this 
rulemaking is not a ``significant regulatory action'' as defined in the 
Executive Order.

Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (RFA) (5 U.S.C. 601 et seq., 
as amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996), requires agencies to perform a review to determine 
whether a proposed or final rule will have a significant economic 
impact on a substantial number of small entities when the 
Administrative Procedure Act (APA) requires notice and comment 
rulemaking. Consistent with the APA and for the reasons provided under 
``Good Cause for Immediate Adoption,'' TSA is issuing this rule as an 
interim final rule. Accordingly, the regulatory flexibility analysis as 
described in the RFA is not required.
    TSA notes, however, that we have analyzed the small business 
impacts of the air cargo rulemaking that this IFR amends. A Final 
Regulatory Flexibility Analysis (FRFA) was placed on the public docket 
in the Regulatory Impact Analysis document for the Air Cargo Final Rule 
issued on May 26, 2006. The extension of the compliance dates in this 
IFR provides more flexibility than the final rule.

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. TSA has assessed the potential 
effect of this rulemaking and has determined that it will not create 
any unnecessary obstacles to foreign commerce.

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 TSA has not 
prepared a statement under the Act.

Executive Order 13132, Federalism

    TSA has analyzed this final rule under the principles and criteria 
of Executive Order 13132, Federalism. We determined that this action 
will not have a substantial direct effect on the States, or 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, does not have federalism implications.

Environmental Analysis

    TSA has reviewed this action for purposes of the National 
Environmental 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 Analysis

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

List of Subjects

49 CFR Part 1544

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

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.

The Amendment

0
For the reasons set forth above, the Transportation Security 
Administration amends title 49 of the Code of Federal Regulations, 
parts 1544, 1546, and 1548, as follows:

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

0
1. The authority citation for part 1544 continues to read as follows:

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


0
2. Revise Sec.  1544.228(d) to read as follows:


Sec.  1544.228  Access to cargo: Security threat assessments for cargo 
personnel in the United States.

* * * * *
    (d) Operators must comply with the requirements of this section not 
later than March 15, 2007, for direct employees and not later than June 
15, 2007, for agents.

PART 1546--FOREIGN AIR CARRIER SECURITY

0
3. The authority citation for part 1546 continues to read as follows:

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


0
4. Revise Sec.  1546.213(d) to read as follows:


Sec.  1546.213  Access to cargo: Security threat assessments for cargo 
personnel in the United States.

* * * * *
    (d) Operators must comply with the requirements of this section not 
later than March 15, 2007, for direct employees and not later than June 
15, 2007, for agents.

PART 1548--INDIRECT AIR CARRIER SECURITY

0
5. The authority citation for part 1548 continues to read as follows:

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


0
6. Revise Sec.  1548.11(d) to read as follows:


Sec.  1548.11  Training and knowledge for individuals with security-
related duties.

* * * * *
    (d) Operators must comply with the requirements of this section not 
later than November 22, 2006, for direct employees and not later than 
June 15, 2007, for agents.


0
7. Revise Sec.  1548.15(d) to read as follows:


Sec.  1548.15  Access to cargo: Security threat assessments for 
individuals having unescorted access to cargo.

* * * * *

[[Page 62550]]

    (d) Operators must comply with the requirements of this section not 
later than March 15, 2007, for direct employees and not later than June 
15, 2007, for agents.


0
8. Revise Sec.  1548.16(a) to read as follows:


Sec.  1548.16  Security threat assessments for each proprietor, general 
partner, officer, director, and certain owners of the entity.

    (a) Each indirect air carrier, or applicant to be an indirect air 
carrier, must ensure that each proprietor, general partner, officer, 
director, and owner of the entity has successfully completed a Security 
Threat Assessment under part 1540, subpart C, of this chapter. Each 
indirect air carrier must comply with the requirements of this section 
not later than March 15, 2007.
* * * * *

    Issued in Arlington, Virginia, on October 20, 2006.
Robert D. Jamison,
Deputy Administrator.
[FR Doc. 06-8904 Filed 10-23-06; 2:47 pm]
BILLING CODE 9110-05-P