Air Cargo Security Requirements; Compliance Dates; Amendment, 13023-13026 [07-1327]
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Federal Register / Vol. 72, No. 53 / Tuesday, March 20, 2007 / Rules and Regulations
disproportionate effect on children. If
the regulatory action meets both criteria,
the Agency must evaluate the
environmental health or safety effects of
the planned rule on children, and
explain why the planned regulation is
preferable to other potentially effective
and reasonably feasible alternatives
considered by the Agency.
EPA interprets Executive Order 13045
as applying to those regulatory actions
that concern health or safety risks, such
that the analysis required under section
5–501 of the Executive Order has the
potential to influence the regulation.
This notice of reconsideration is not
subject to Executive Order 13045
because the large MWC final rule is
based on technology performance. Also,
this notice of reconsideration is not
‘‘economically significant.’’
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution or Use
This notice of reconsideration is not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001) because it is not a significant
regulatory action under Executive Order
12866.
I. National Technology Transfer
Advancement Act
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Section 12(d) of the National
Technology Transfer and Advancement
Act (NTTAA) of 1995 (Pub. L. 104–113;
15 U.S.C. 272 note) directs EPA to use
voluntary consensus standards in its
regulatory activities unless to do so
would be inconsistent with applicable
law or otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures,
business practices) that are developed or
adopted by one or more voluntary
consensus bodies. The NTTAA directs
EPA to provide Congress, through OMB,
with explanations when EPA does not
use available and applicable voluntary
consensus standards.
EPA is not proposing to make any
changes to the regulatory requirements
in the large MWC final rule in this
action, including requirements that
involve technical standards. As a result,
the NTTAA discussion set forth in the
May 10, 2006, final rule remains valid.
The requirements of NTTAA, therefore,
do not apply to this action.
List of Subjects in 40 CFR Part 60
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
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relations, Reporting and recordkeeping
requirements.
Dated: March 14, 2007.
Stephen L. Johnson,
Administrator.
[FR Doc. E7–5022 Filed 3–19–07; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Transportation Security Administration
49 CFR Parts 1544, 1546, and 1548
[Docket No. TSA–2004–19515; Amendment
Nos. 1544–7, 1546–4, and 1548–4]
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) by extending the compliance dates
by which aircraft operators, foreign air
carriers, and indirect air carriers (IACs)
must ensure that their employees and
agents with unescorted access to cargo,
and IAC proprietors, general partners,
officers, directors, and certain owners of
the entity successfully complete a
Security Threat Assessment (STA). This
extension is based on technology
problems that TSA is experiencing with
the processing of STA applications.
DATES:
Effective Date: This rule is effective
March 20, 2007.
Comment Date: Comments must be
received by May 21, 2007.
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 March 15, 2007, to a requirement
that the operators submit names and
other identifying information to TSA by
May 15, 2007. The date that all covered
individuals must have successfully
completed the STAs is extended to a
date that TSA will specify in a future
notice in the Federal Register.
Compliance dates for STAs for agents
under §§ 1544.228, 1546.213, and
1548.15: Changed from June 15, 2007, to
a requirement that the operators submit
names and other identifying information
to TSA by July 15, 2007. The date that
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13023
all covered individuals must have
successfully completed the STAs is
extended to a date that TSA will specify
in a future notice in the Federal
Register.
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 https://dms.dot.gov.
You also may submit comments through
the Federal Rulemaking portal at
https://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
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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
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 https://
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 https://
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
(https://dms.dot.gov/search);
(2) Accessing the Government
Printing Office’s web page at https://
www.gpoaccess.gov/fr/; or
(3) Visiting TSA’s Security
Regulations web page at https://
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
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 https://
www.sba.gov/advo/laws/law_lib.html.
Reviewing Comments in the Docket
Background
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
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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
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.
On May 26, 2006, TSA published a
final rule in the Federal Register (the
Air Cargo Final Rule).2 Certain
compliance dates were changed by
interim final rule on October 25, 2006.3
The Air Cargo Final Rule, in part, as
amended, requires that aircraft
operators, foreign air carriers, and
indirect air carriers (IACs) ensure that
security threat assessments (STAs) are
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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FOR FURTHER INFORMATION CONTACT
section. Make sure to identify the docket
number of this rulemaking.
Small Entity Inquiries
2 71 FR 30478. Certain compliance dates were
corrected on June 2, 2006 (71 FR 31964).
3 71 FR 62546.
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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. Under the final rule, the
compliance date for these sections is
March 15, 2007. The compliance date
for STAs to be completed for agents of
these entities is June 15, 2007.
Since the publication of the interim
rule in October 2006 extending the
compliance dates for completion of
STAs, TSA has encountered technical
problems that will delay TSA’s ability to
process the large number of STA
applications for air cargo employees,
agents, and IAC proprietors, general
partners, officers, directors, and certain
owners of the entity (IAC proprietors).
TSA is working diligently on these
problems and expects to resolve them
within the next few months.
Accordingly, TSA is extending the
compliance dates for STAs for
employees and agents of aircraft
operators, foreign air carriers, and IACs
under §§ 1544.228, 1546.213, 1548.15;
and for IAC proprietors under § 1548.16.
Because TSA is not certain when it will
be possible to assure expeditious vetting
of the individuals required to complete
STAs, TSA has decided not to establish
specific dates for when all covered
individuals must have completed the
STA before having unescorted access to
air cargo or performing another covered
function. Instead, TSA now is setting
the dates by which the operators must
submit the names and other identifying
information of these individuals for
whom TSA requires STAs. This
information must be submitted to TSA
by May 15, 2007, for employees and by
July 15, 2007, for agents. After those
dates, the operators may not allow
unescorted access to air cargo for any
individual, or allow an individual to
perform another function for which a
STA is required under these sections,
unless the operator has submitted the
information for that individual to TSA.
In the future, TSA will issue a notice in
the Federal Register establishing dates
after which employees and agents must
have successfully completed their STAs
in order to hold positions for which
STAs are required.
Good Cause for Immediate Adoption
and Immediate Effective Date
TSA finds that good cause exists to
issue this interim rule without
providing the public prior notice and
the opportunity for comment. Under 5
U.S.C. 553(b), the requirements of notice
and opportunity for comment do not
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apply when the agency for good cause
finds that it would be, ‘‘impracticable,
unnecessary, or contrary to the public
interest’’ to delay implementation of a
rule to allow for prior notice and
comment. As detailed above, TSA
believes that: (a) Regulated parties will
be largely unable to comply with the
regulations in the time specified
because the TSA IT systems are not
ready; (b) no party will be adversely
affected by the extensions; and (c) the
lack of notice will not cause any
hardship. Further, because the current
compliance deadlines begin on March
15, 2007, it would be impracticable to
delay the extension of this deadline to
allow for prior notice and comments.
Accordingly, TSA finds that good cause
exists under 5 U.S.C. 553(b) to
implement this interim rule without
prior notice and public comment on the
extensions of the compliance dates in
the provisions of the Air Cargo Final
Rule.
For the same reasons, TSA also finds
that good cause exists under 5 U.S.C.
553(d) to make this interim rule
effective immediately upon publication
in the Federal Register. TSA
nevertheless invites written comments
on this interim rule.
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.
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.
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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
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15:24 Mar 19, 2007
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rulemaking. Consistent with the APA
and for the reasons provided under
‘‘Good Cause for Immediate Adoption,’’
TSA is issuing this rule as an IFR.
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
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13025
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), Pub. L. 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
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:
I
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. Amend § 1544.228 to revise
paragraph (d) and to add new paragraph
(e) to read as follows:
I
§ 1544.228 Access to cargo: Security
threat assessments for cargo personnel in
the United States.
*
*
*
*
*
(d) Operators must submit to TSA the
names and other identifying information
required by TSA of all individuals
required to successfully complete an
assessment under paragraph (b) not later
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than May 15, 2007, for direct employees
and not later than July 15, 2007, for
agents. After those dates, the operators
may not allow an individual to perform
a function for which a STA is required,
unless the operator has submitted the
information for that individual to TSA.
(e) Operators must comply with the
requirements of paragraphs (a), (b), and
(c) of this section not later than the
dates to be specified by TSA in a future
rule in the Federal Register.
PART 1546—FOREIGN AIR CARRIER
SECURITY
3. The authority citation for part 1546
continues to read as follows:
I
Authority: 49 U.S.C. 114, 5103, 40113,
44901–44905, 44907, 44914, 44916–44917,
44935–44936, 44942, 46105.
4. Amend § 1546.213 by revising
paragraph (d) and add new paragraph
(e) to read as follows:
I
§ 1546.213 Access to cargo: Security
threat assessments for cargo personnel in
the United States.
*
*
*
*
*
(d) Operators must submit to TSA the
names and other identifying information
required by TSA of all individuals
required to successfully complete an
assessment under paragraph (b) not later
than May 15, 2007, for direct employees
and not later than July 15, 2007, for
agents. After those dates, the operators
may not allow an individual to perform
a function for which a STA is required,
unless the operator has submitted the
information for that individual to TSA.
(e) Operators must comply with the
requirements of paragraphs (a), (b), and
(c) of this section not later than the
dates to be specified by TSA in a future
rule in the Federal Register.
and not later than July 15, 2007, for
agents. After those dates, the operators
may not allow an individual to perform
a function for which a STA is required,
unless the operator has submitted the
information for that individual to TSA.
(e) Operators must comply with the
requirements of paragraphs (a), (b), and
(c) of this section not later than the
dates to be specified by TSA in a future
rule in the Federal Register.
I 7. Amend § 1548.16 by revising
paragraph (a) and add new paragraph
(d) to read as follows:
§ 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 the names and other
identifying information required by TSA
of each proprietor, general partner,
officer, director, and owner of the entity
have been submitted to TSA for a
Security Threat Assessment under part
1540, subpart C, of this chapter not later
than May 15, 2007. After those dates,
the operators may not allow an
individual to perform this function
unless the operator has submitted the
information for that individual to TSA.
*
*
*
*
*
(d) 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 not later than a date to be
specified by TSA in a future rule in the
Federal Register.
*
*
*
*
*
PART 1548—INDIRECT AIR CARRIER
SECURITY
5. The authority citation for part 1548
continues to read as follows:
Issued in Arlington, Virginia, on March 14,
2007.
Kip Hawley,
Assistant Secretary.
[FR Doc. 07–1327 Filed 3–15–07; 2:14 pm]
BILLING CODE 9110–05–P
I
Authority: 49 U.S.C. 114, 5103, 40113,
44901–44905, 44913–44914, 44916–44917,
44932, 44935–44936, 46105.
DEPARTMENT OF HOMELAND
SECURITY
6. Amend § 1548.15 by revising
paragraph (d) and add new paragraph
(e) to read as follows:
Transportation Security Administration
§ 1548.15 Access to cargo: Security threat
assessments for individuals having
unescorted access to cargo.
[Docket No. TSA–2006–24191]
I
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*
49 CFR Part 1572
*
*
*
*
(d) Operators must submit to TSA the
names and other identifying information
required by TSA of all individuals
required to successfully complete an
assessment under paragraph (b) not later
than May 15, 2007, for direct employees
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RIN 1652–AA41
Transportation Worker Identification
Credential Fees
Transportation Security
Administration, DHS.
ACTION: Rule.
AGENCY:
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SUMMARY: The Department of Homeland
Security (DHS), through the
Transportation Security Administration
(TSA) and the U.S. Coast Guard,
published a final rule on January 25,
2007 that establishes requirements for
merchant mariners and workers who
need unescorted access to secure areas
of maritime facilities and vessels. These
individuals must successfully complete
a security threat assessment conducted
by TSA and hold a Transportation
Worker Identification Credential (TWIC)
in order to enter secure areas without
escort. As required by statute, all TWIC
applicants must pay a user fee to cover
TSA’s costs to enroll applicants,
complete security threat assessments,
and issue biometric credentials. With
this notice, we announce the user fees
as follows: The total standard fee for a
TWIC applicant is $137.25 and the
reduced fee for applicants who have
completed a prior comparable threat
assessment is $105.25.
DATES: Effective March 20, 2007.
FOR FURTHER INFORMATION CONTACT:
Christine Beyer, Office of the Chief
Counsel, TSA–2, Transportation
Security Administration, 601 South
12th Street, Arlington, VA 22202–4220;
telephone (571) 227–2657; facsimile
(571) 227–1380 e-mail
Christine.Beyer@dhs.gov.
SUPPLEMENTARY INFORMATION:
Background
The Department of Homeland
Security, through TSA and the U.S.
Coast Guard, published a final rule on
January 25, 2007 1 that establishes
requirements for merchant mariners and
workers who need unescorted access to
secure areas of maritime facilities and
vessels. These individuals must
successfully complete a security threat
assessment conducted by TSA and hold
a TWIC that TSA issues in order to enter
secure areas without escort.
As required by sec. 520 of the 2004
DHS Appropriations Act, Pub. L. 108–
90, TSA must collect user fees to cover
the costs of implementing the TWIC
program, including the cost to enroll all
applicants, complete security threat
assessments, provide an appeal and
waiver process, and issue biometric
credentials.
As stated in the final rule,2 the fee is
made up of three segments: Enrollment
Segment; Full Card Production/Security
Threat Assessment Segment; and FBI
Segment. Most applicants will pay the
Standard TWIC Fee, which includes all
three segments. However, applicants
1 72
2 72
FR 3492.
FR 3506.
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]]>Agencies
[Federal Register Volume 72, Number 53 (Tuesday, March 20, 2007)]
[Rules and Regulations]
[Pages 13023-13026]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-1327]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
49 CFR Parts 1544, 1546, and 1548
[Docket No. TSA-2004-19515; Amendment Nos. 1544-7, 1546-4, and 1548-4]
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) by extending the
compliance dates by which aircraft operators, foreign air carriers, and
indirect air carriers (IACs) must ensure that their employees and
agents with unescorted access to cargo, and IAC proprietors, general
partners, officers, directors, and certain owners of the entity
successfully complete a Security Threat Assessment (STA). This
extension is based on technology problems that TSA is experiencing with
the processing of STA applications.
DATES:
Effective Date: This rule is effective March 20, 2007.
Comment Date: Comments must be received by May 21, 2007.
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 March 15, 2007, to a requirement that
the operators submit names and other identifying information to TSA by
May 15, 2007. The date that all covered individuals must have
successfully completed the STAs is extended to a date that TSA will
specify in a future notice in the Federal Register.
Compliance dates for STAs for agents under Sec. Sec. 1544.228,
1546.213, and 1548.15: Changed from June 15, 2007, to a requirement
that the operators submit names and other identifying information to
TSA by July 15, 2007. The date that all covered individuals must have
successfully completed the STAs is extended to a date that TSA will
specify in a future notice in the Federal Register.
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 https://dms.dot.gov. You also may submit comments
through the Federal Rulemaking portal at https://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
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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.
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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 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 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 https://
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 https://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 (https://dms.dot.gov/search);
(2) Accessing the Government Printing Office's web page at https://
www.gpoaccess.gov/fr/; or
(3) Visiting TSA's Security Regulations web page at https://
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 https://www.sba.gov/advo/
laws/law_lib.html.
Background
On May 26, 2006, TSA published a final rule in the Federal Register
(the Air Cargo Final Rule).\2\ Certain compliance dates were changed by
interim final rule on October 25, 2006.\3\ The Air Cargo Final Rule, in
part, as amended, 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. Under the final
rule, the compliance date for these sections is March 15, 2007. The
compliance date for STAs to be completed for agents of these entities
is June 15, 2007.
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\2\ 71 FR 30478. Certain compliance dates were corrected on June
2, 2006 (71 FR 31964).
\3\ 71 FR 62546.
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Since the publication of the interim rule in October 2006 extending
the compliance dates for completion of STAs, TSA has encountered
technical problems that will delay TSA's ability to process the large
number of STA applications for air cargo employees, agents, and IAC
proprietors, general partners, officers, directors, and certain owners
of the entity (IAC proprietors). TSA is working diligently on these
problems and expects to resolve them within the next few months.
Accordingly, TSA is extending the compliance dates for STAs for
employees and agents of aircraft operators, foreign air carriers, and
IACs under Sec. Sec. 1544.228, 1546.213, 1548.15; and for IAC
proprietors under Sec. 1548.16. Because TSA is not certain when it
will be possible to assure expeditious vetting of the individuals
required to complete STAs, TSA has decided not to establish specific
dates for when all covered individuals must have completed the STA
before having unescorted access to air cargo or performing another
covered function. Instead, TSA now is setting the dates by which the
operators must submit the names and other identifying information of
these individuals for whom TSA requires STAs. This information must be
submitted to TSA by May 15, 2007, for employees and by July 15, 2007,
for agents. After those dates, the operators may not allow unescorted
access to air cargo for any individual, or allow an individual to
perform another function for which a STA is required under these
sections, unless the operator has submitted the information for that
individual to TSA. In the future, TSA will issue a notice in the
Federal Register establishing dates after which employees and agents
must have successfully completed their STAs in order to hold positions
for which STAs are required.
Good Cause for Immediate Adoption and Immediate Effective Date
TSA finds that good cause exists to issue this interim rule without
providing the public prior notice and the opportunity for comment.
Under 5 U.S.C. 553(b), the requirements of notice and opportunity for
comment do not
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apply when the agency for good cause finds that it would be,
``impracticable, unnecessary, or contrary to the public interest'' to
delay implementation of a rule to allow for prior notice and comment.
As detailed above, TSA believes that: (a) Regulated parties will be
largely unable to comply with the regulations in the time specified
because the TSA IT systems are not ready; (b) no party will be
adversely affected by the extensions; and (c) the lack of notice will
not cause any hardship. Further, because the current compliance
deadlines begin on March 15, 2007, it would be impracticable to delay
the extension of this deadline to allow for prior notice and comments.
Accordingly, TSA finds that good cause exists under 5 U.S.C. 553(b) to
implement this interim rule without prior notice and public comment on
the extensions of the compliance dates in the provisions of the Air
Cargo Final Rule.
For the same reasons, TSA also finds that good cause exists under 5
U.S.C. 553(d) to make this interim rule effective immediately upon
publication in the Federal Register. TSA nevertheless invites written
comments on this interim rule.
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.
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
IFR. 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), Pub. L. 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. Amend Sec. 1544.228 to revise paragraph (d) and to add new
paragraph (e) to read as follows:
Sec. 1544.228 Access to cargo: Security threat assessments for cargo
personnel in the United States.
* * * * *
(d) Operators must submit to TSA the names and other identifying
information required by TSA of all individuals required to successfully
complete an assessment under paragraph (b) not later
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than May 15, 2007, for direct employees and not later than July 15,
2007, for agents. After those dates, the operators may not allow an
individual to perform a function for which a STA is required, unless
the operator has submitted the information for that individual to TSA.
(e) Operators must comply with the requirements of paragraphs (a),
(b), and (c) of this section not later than the dates to be specified
by TSA in a future rule in the Federal Register.
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. Amend Sec. 1546.213 by revising paragraph (d) and add new paragraph
(e) to read as follows:
Sec. 1546.213 Access to cargo: Security threat assessments for cargo
personnel in the United States.
* * * * *
(d) Operators must submit to TSA the names and other identifying
information required by TSA of all individuals required to successfully
complete an assessment under paragraph (b) not later than May 15, 2007,
for direct employees and not later than July 15, 2007, for agents.
After those dates, the operators may not allow an individual to perform
a function for which a STA is required, unless the operator has
submitted the information for that individual to TSA.
(e) Operators must comply with the requirements of paragraphs (a),
(b), and (c) of this section not later than the dates to be specified
by TSA in a future rule in the Federal Register.
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. Amend Sec. 1548.15 by revising paragraph (d) and add new paragraph
(e) to read as follows:
Sec. 1548.15 Access to cargo: Security threat assessments for
individuals having unescorted access to cargo.
* * * * *
(d) Operators must submit to TSA the names and other identifying
information required by TSA of all individuals required to successfully
complete an assessment under paragraph (b) not later than May 15, 2007,
for direct employees and not later than July 15, 2007, for agents.
After those dates, the operators may not allow an individual to perform
a function for which a STA is required, unless the operator has
submitted the information for that individual to TSA.
(e) Operators must comply with the requirements of paragraphs (a),
(b), and (c) of this section not later than the dates to be specified
by TSA in a future rule in the Federal Register.
0
7. Amend Sec. 1548.16 by revising paragraph (a) and add new paragraph
(d) 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 the names and other identifying information
required by TSA of each proprietor, general partner, officer, director,
and owner of the entity have been submitted to TSA for a Security
Threat Assessment under part 1540, subpart C, of this chapter not later
than May 15, 2007. After those dates, the operators may not allow an
individual to perform this function unless the operator has submitted
the information for that individual to TSA.
* * * * *
(d) 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 not later
than a date to be specified by TSA in a future rule in the Federal
Register.
* * * * *
Issued in Arlington, Virginia, on March 14, 2007.
Kip Hawley,
Assistant Secretary.
[FR Doc. 07-1327 Filed 3-15-07; 2:14 pm]
BILLING CODE 9110-05-P
