Transatlantic Aviation Industry Roundtable Committee (TAIR); Committee Establishment, 47968-47969 [2019-19127]

Agencies

• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 84, Number 176 (Wednesday, September 11, 2019)]
[Notices]
[Pages 47968-47969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19127]


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DEPARTMENT OF HOMELAND SECURITY


Transatlantic Aviation Industry Roundtable Committee (TAIR); 
Committee Establishment

AGENCY: Department of Homeland Security.

ACTION: Committee management; notice of committee establishment.

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SUMMARY: The Secretary of Homeland Security (DHS Secretary) is 
establishing an advisory committee to address the security of the 
aviation sector and the furtherance of increased resiliency of the 
global aviation security environment. The Transatlantic Aviation 
Industry Roundtable (TAIR) will serve as a forum in which the 
Department of Homeland Security (DHS); the U.K. Home Office; private 
sector companies; and stakeholders in the aviation sector will engage 
and collaborate on matters and issues affecting transatlantic aviation 
security. The Secretary has determined the TAIR Committee will be 
exempt from the provisions of the Federal Advisory Committee Act 
(FACA).
    Name of Committee: Transatlantic Aviation Industry Roundtable 
(TAIR).

FOR FURTHER INFORMATION CONTACT: Matt Hayden, Deputy Assistant 
Secretary, Private Sector Office, at (202) 282-8216.

SUPPLEMENTARY INFORMATION:

I. Background

    The DHS Secretary, in consultation with the Secretary of State for 
the Home Office of the United Kingdom of Great Britain and Northern 
Ireland (Home Secretary), is establishing the TAIR to serve as a forum 
in which DHS; the U.K. Home Office; private sector companies; and 
stakeholders in the aviation sector discuss opportunities for enhanced 
coordination and furtherance of increased resiliency of the 
transatlantic aviation security environment.
    Some of the issues to be reviewed by the TAIR will require access 
to, and discussion of, non-public classified information and other non-
public law enforcement sensitive information. These matters include 
discussions on the current threat environment and potential 
enhancements to security technologies policy interventions, processes 
and procedures in aviation and overseas security development.
    In recognition of the classified material utilized in TAIR 
activities and discussions, the DHS Secretary hereby exempts the TAIR 
from Public Law 92-463 (The Federal Advisory Committee Act, or 
``FACA''), 5 U.S.C. App).

II. Identifying Solutions

    The Department recognizes the importance of FACA. FACA, when 
applicable, generally requires advisory committees to meet in open 
session and make publicly available associated written materials. It 
also requires a 15-day notice before any meeting may be closed to 
public attendance.
    These requirements prevent the Department from convening on short 
notice a committee to discuss the sensitive and classified information 
surrounding the review of transatlantic aviation security threats in an 
appropriate setting. FACA contains a number of exceptions to its 
general disclosure rules, but the applicability of

[[Page 47969]]

those exceptions are not sufficient to address the proper handling of 
classified material and the protection of classified information in 
this unique context. The information that will be discussed and 
reviewed by this committee will be deliberative in nature and will 
involve law enforcement sensitive, sensitive security and or classified 
national security information that, if discussed in public, would 
result in the unauthorized disclosure of information that could 
reasonably be expected to result in threats to national security. The 
release of this information would enable criminals and enemies to use 
that information to circumvent the law and could reasonably be expected 
to endanger the life or physical safety of individuals. Furthermore, 
some of the participants of the TAIR subgroups will be intelligence 
community (IC) personnel who cannot publicly disclose their identities 
or IC affiliations. Making the TAIR open to the public presents a 
significant security concern for revealing the identity and 
capabilities of the IC personnel.
    Section 871 of the Homeland Security Act provides the Secretary of 
Homeland Security with the authority to establish advisory committees 
and exempt them from the FACA--6 U.S.C. 451(a). This authority allows 
the Department to freely and completely review, in a closed 
environment, the current threat environment in aviation, to discuss 
potential vulnerabilities, and to provide the Department with 
information and recommendations that could not otherwise be discussed 
in an open environment.

III. Exercise of Section 871 Authority To Establish the TAIR

    The Department respects the principles of open government and has 
judiciously exercised the authority Congress provided in Section 871. 
Given that the use of this authority will allow the Department to fully 
and completely review the issues and make recommendations surrounding 
transatlantic aviation security as described above, the Department is 
invoking that authority in the creation of the TAIR.
    Collaboration among the TAIR committee members must involve many 
activities to include: Planning, coordination, protective security 
implementation, operational activities related to protective service 
security measures, as well as vulnerabilities, protective measures, 
best practices, and lessons learned. An effective committee must be 
able to have ongoing, immediate, and multi-directional communication 
and coordination under highly exigent circumstances. In furtherance of 
DHS' mission to protect the homeland, the public interest requires the 
establishment of the TAIR under the authority of 6 U.S.C. 451. Members 
of the TAIR will engage and collaborate on matters and issues affecting 
transatlantic aviation security including global security improvement, 
information sharing, insider threat and cybersecurity and may provide 
policy advice and recommendations on such matters. The TAIR will 
interact with government officials from the U.S. and the U.K. and 
representatives from the private sector companies and stakeholders in 
the aviation sector. The TAIR has no authority to establish Federal 
policy or otherwise undertake inherently governmental functions. 
Exemption from the FACA (Pub. L. 92-463): In recognition of the 
highlysensitive, and often confidential or classified nature of the 
subject matter involved in the activities of the TAIR, under the 
authority of section 871 of the Homeland Security Act of 2002 (6 U.S.C. 
451), the TAIR is hereby deemed exempt from the requirements of Public 
Law 92-463 (5 U.S.C. App.).
    Membership: The TAIR is composed of members who are appointed by 
and serve at the pleasure of the DHS Secretary and the Home Secretary, 
as appropriate. Term length will be determined by the TAIR co-chairs. 
Members will minimally consist of government officials from the United 
States and the United Kingdom, and private sector transatlantic 
aviation industry representatives in order to leverage each other's 
subject matter expertise. Non-governmental members (or representative 
members) who serve on the TAIR or subgroups are appointed to express 
the viewpoint of non-governmental entities, recognizable groups, or 
stakeholders that have interests in the transatlantic aviation security 
subject matter. They will not serve as Special Government Employees 
(SGE), as defined in Title 18, United States Code, section 202(a).
    TAIR may meet as whole or in any combination of subgroups that is 
most conducive to the effective conduct of its activities.
    Duration: The TAIR is expected to continue operating until such 
time as the DHS Secretary or the Home Secretary decide to terminate 
TAIR. TAIR may continue beyond the initial two years from the date of 
its establishment whenever the DHS Secretary determines in writing to 
extend the TAIR, consistent with section 871(b) of The Homeland 
Security Act of 2002, 6. U.S.C. 451(b).

    Dated: August 21, 2019.
Kevin K. McAleenan,
Acting Secretary.

Appendix A: Membership of the Transatlantic Aviation Industry 
Roundtable

TAIR Principal Members

[cir] U.S.:
    [ssquf] DHS Secretary
    [ssquf] DHS Under Secretary for Strategy, Policy, and Plans 
(PLCY)
    [ssquf] Administrator, DHS Transportation Security 
Administration (TSA)
    [ssquf] Commissioner, DHS Customs and Border Protection (CBP)
[cir] U.K.:
    [ssquf] Home Secretary
    [ssquf] Transport Secretary
    [ssquf] Director General
    [ssquf] Under Secretary
[cir] Private Sector:
    [ssquf] CEOs transatlantic airlines
    [ssquf] CEOs major international hub airports
    [ssquf] CEOs air cargo carriers
    [ssquf] Presidents or Executive Directors of Aviation Industry 
Associations

TAIR Steering Group

[cir] U.S.:
    [ssquf] DHS Headquarters
     Office of Threat Prevention and Security Policy
     Office of International Affairs
     Private Sector Office, Office of Partnership and 
Engagement
     Office of Intelligence and Analysis
    [ssquf] DHS Components
     Transportation Security Administration
     U.S. Customs and Border Protection
     Cybersecurity and Infrastructure Security Agency
[cir] U.K.:
    [ssquf] Home Office (HO):
     Office for Security and Counter Terrorism (OSCT)
     Aviation Security (HO)
    [ssquf] Department for Transport (DfT):
     Aviation Security
     International Policy
    [ssquf] Joint Terrorism Analysis Centre (JTAC): Thematic 
Analysis
[cir] Private Sector:
    [ssquf] Security Directors and representatives of transatlantic 
airlines
    [ssquf] Security Directors and representatives of major 
international hub airports
    [ssquf] Security Directors and representatives air cargo 
carriers
    [ssquf] Representatives of Aviation Industry Associations

[FR Doc. 2019-19127 Filed 9-10-19; 8:45 am]
 BILLING CODE 4410-10-P