Exemption for Exclusive Area Agreements at Certain Airports, 40072-40074 [2021-15902]
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Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Notices
experts in hydrology, hydraulics, and
other pertinent sciences established to
review conflicting scientific and
technical data and provide
recommendations for resolution. Use of
the SRP only may be exercised after
FEMA and local communities have been
engaged in a collaborative consultation
process for at least 60 days without a
mutually acceptable resolution of an
appeal. Additional information
regarding the SRP process can be found
online at https://www.floodsrp.org/pdfs/
srp_overview.pdf.
The watersheds and/or communities
affected are listed in the tables below.
The Preliminary FIRM, and where
applicable, FIS report for each
community are available for inspection
at both the online location https://
hazards.fema.gov/femaportal/
prelimdownload and the respective
Community Map Repository address
listed in the tables. For communities
with multiple ongoing Preliminary
studies, the studies can be identified by
the unique project number and
Preliminary FIRM date listed in the
Community
tables. Additionally, the current
effective FIRM and FIS report for each
community are accessible online
through the FEMA Map Service Center
at https://msc.fema.gov for comparison.
(Catalog of Federal Domestic Assistance No.
97.022, ‘‘Flood Insurance.’’)
Michael M. Grimm,
Assistant Administrator for Risk
Management, Department of Homeland
Security, Federal Emergency Management
Agency.
Community map repository address
Escambia County, Florida and Incorporated Areas
Project: 11–04–1993S Preliminary Date: January 27, 2017
City of Pensacola .....................................................................................
Pensacola Beach-Santa Rosa Island Authority .......................................
Town of Century .......................................................................................
Unincorporated Areas of Escambia County .............................................
Inspection Services, 222 West Main Street, Pensacola, FL 32502.
Pensacola Beach-Santa Rosa Island Authority, 1 Via de Luna Drive,
Pensacola Beach, FL 32561.
Planning and Zoning, 7995 North Century Boulevard, Century, FL
32535.
Escambia County Development Services Department, 3363 West Park
Place, Pensacola, FL 32505.
Walton County, Georgia and Incorporated Areas
Project: 18–04–0003S Preliminary Date: July 29, 2020
City of Good Hope ....................................................................................
City of Monroe ..........................................................................................
City of Social Circle ..................................................................................
Unincorporated Areas of Walton County .................................................
City Hall, 169 Highway 83, Good Hope, GA 30641.
City Hall, 215 North Broad Street, Monroe, GA 30655.
City Hall, 166 North Cherokee Road, Social Circle, GA 30025.
Walton County Planning and Development Office, 303 South Hammond Drive, Suite 98, Monroe, GA 30655.
Hopewell City, Virginia (Independent City)
Project: 16–03–2426S Preliminary Date: February 12, 2021
City of Hopewell .......................................................................................
These exemptions take effect on
July 26, 2021 and remain in effect until
modified or rescinded by TSA through
a notice published in the Federal
Register.
DATES:
[FR Doc. 2021–15870 Filed 7–23–21; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF HOMELAND
SECURITY
Exemption for Exclusive Area
Agreements at Certain Airports
SUPPLEMENTARY INFORMATION:
Transportation Security
Administration, DHS.
ACTION: Notice.
AGENCY:
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I. Purpose
TSA is providing notice of
temporary exemptions the agency is
granting to three airport operators to
permit them to enter into Exclusive
Area Agreements (EAA) with Amazon
Air, a subsidiary of Amazon.com Inc.
The exemption applies to the following
airport operators: Cincinnati/Northern
Kentucky International Airport (CVG),
Baltimore/Washington International
Thurgood Marshall Airport (BWI), and
Chicago Rockford International Airport
(RFD).
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Eric
Byczynski, Airport Security Programs,
Aviation Division, Policy, Plans, and
Engagement; email to: eric.byczynski@
tsa.dhs.gov.
FOR FURTHER INFORMATION CONTACT:
Transportation Security Administration
SUMMARY:
City Hall, 300 North Main Street, Hopewell, VA 23860.
TSA’s regulations provide that airport
operators may enter into EAAs only
with aircraft operators or foreign air
carriers, subject to TSA approval of an
amendment to each airport operator’s
airport security program (ASP). See 49
CFR 1542.111. Amazon Air is not an
aircraft operator or foreign air carrier,
but conducts significant operations at
three airports on behalf of aircraft
operators.
TSA has determined it is in the public
interest to authorize these airport
operators to enter into EAAs with
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Amazon Air because this action will
create operational and economic
efficiencies for the airport operators and
Amazon Air, to the economic benefit of
the public and without detriment to
security. The exemptions permit these
airports to leverage significant private
sector technologies with respect to
access control and monitoring systems
that enhance security and minimize
insider threat. The exemptions will also
facilitate the rapid hiring of significant
numbers of new personnel to support
Amazon Air’s expanded presence at
these locations, aiding the economy in
the surrounding areas. Finally, the
exemptions will permit TSA to exercise
direct regulatory oversight of Amazon
Air concerning the security functions
they will perform under the EAAs. All
other provisions of 49 CFR 1542.111
will apply to any EAA executed under
these exemptions.
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Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Notices
II. Background
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A. Airport Security
TSA administers a comprehensive
regulatory program to govern the
security of aviation, including standards
for domestic airports, domestic aircraft
operators, and foreign air carriers. The
security requirements for domestic
airports are codified at 49 CFR part 1542
and include minimum standards for
access control procedures, identification
(ID) media, passenger screening,
criminal history records checks (CHRCs)
of airport workers, law enforcement
support, training, contingency plans,
TSA inspection authority, and incident
management. These regulations require
airport operators to conduct specified
security measures in the secured area,1
air operations area (AOA), and security
identification display area (SIDA) of the
airport. Part 1542 requires airports to
develop and follow TSA-approved
ASPs 2 that establish security
procedures specific to each airport, and
Security Directives, which apply to all
airports.
TSA recognizes that, in certain
circumstances, these security measures
may be performed more effectively or
efficiently by another TSA-regulated
party, such as an aircraft operator or
foreign air carrier, operating on the
airport. Therefore, under 49 CFR
1542.111, TSA may approve an
amendment to an airport’s ASP that
permits the airport operator to execute
a legally binding EAA with an aircraft
operator 3 or foreign air carrier.4 Under
the EAA, the aircraft operator or foreign
air carrier assumes responsibility from
the airport operator for specified ASP
security measures in all or specified
portions of the secured area, AOA, or
SIDA.5 TSA requires the EAA to be in
writing, and signed by the airport
operator and the aircraft operator or
foreign air carrier.6 TSA also prescribes
in detail the required contents of the
EAA, including a description of the
measures that become the responsibility
of the aircraft operator or foreign air
carrier.7
EAAs are an established part of TSA’s
regulatory structure for airport
operators, commonly used since 1978.8
Currently, there are more than 70 EAAs
in place with aircraft operators and
foreign air carriers at domestic airports.
1 49 CFR 1540.5 for definitions of terms used
throughout this notice.
2 49 CFR 1542.105(a).
3 49 CFR part 1544.
4 49 CFR part 1546.
5 49 CFR 1542.111(a).
6 49 CFR 1542.111(b).
7 49 CFR 1542.111(b)(1)–(3).
8 Published at 43 FR 60792 (Dec. 28, 1978).
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EAAs are typically used when an entire
airport terminal is serviced exclusively
by one aircraft operator. At locations
with EAAs, TSA conducts standard
compliance inspections, and may issue
violations of the security standard set
forth in the EAA against the aircraft
operator or foreign air carrier that holds
the EAA.
B. Entities Subject to the Exemptions
These exemptions are limited to three
airports–CVG, BWI, and RFD–and the
operations of Amazon Air at these
locations.
Amazon.com, Inc. is an American
multinational technology company
based in Seattle, Washington engaged in
e-commerce, cloud computing, digital
streaming, artificial intelligence, and
cargo shipping. As of Spring 2021,
Amazon reports that, less than 20
percent of Amazon’s cargo is shipped by
air. Due in part, however, to the COVID–
19 public health crisis and impact on
the economy, cargo shipment has
increased dramatically, with a
corresponding relative increase in the
total volume of air cargo.
Amazon’s subsidiary, Amazon Air,
maintains operations at various
domestic and international airports.
Amazon Air owns air cargo aircraft, but
does not operate the aircraft itself and
is not an aircraft operator for purposes
of TSA’s regulations. Amazon Air leases
the aircraft to certain aircraft operators
holding TSA full all-cargo security
programs.9 Amazon Air then acts as an
authorized representative for these full
all-cargo aircraft operators 10 at certain
airports, including the three covered by
these Exemptions.
As an authorized representative 11 at
these locations, Amazon Air performs
security functions under TSA’s Full AllCargo Aircraft Operator Standard
Security Program on behalf of these
aircraft operators, including the
responsibility for preventing access to
both aircraft and the cargo bound for
those aircraft, and providing the Ground
Security Coordinator, the individual at
the facility responsible for coordinating
9 See 49 CFR 1544.101(h) for scope of a full allcargo security program.
10 For purposes of this exemption, applicable full
all-cargo aircraft operators include Atlas Air, Air
Transport International, ABX, Inc., and Sun
Country Airlines.
11 An ‘‘authorized representative’’ is a person
who performs TSA-required security measures as
an agent of a TSA-regulated party. Although the
authorized representative may perform the
measures, the TSA-regulated party remains
responsible for completion, and TSA holds the
TSA-regulated party primarily accountable through
enforcement action of any violations. TSA may also
hold the authorized representative accountable if it
causes the regulated party’s violation. See 49 CFR
1540.105.
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40073
these security responsibilities. Amazon
Air has also assumed security
responsibility for performing cargo
acceptance and chain of custody; cargo
screening, buildup, and consolidation;
recordkeeping; cargo training; aircraft
searches; screening ‘‘jump seaters’’ 12
and their property; incident reporting;
comparing jump seaters and individuals
who have access to aircraft and cargo
against watchlists; and participation in
table top exercises.
Based on logistics and Amazon Air’s
current transportation network, these
airports have become high capacity
locations. As noted above, these
increases are due, in part, to the COVID
pandemic, the public’s heightened
reliance on online shopping for basic
goods, and the Nation’s needs to move
personal protective equipment and
related products quickly. Amazon Air
estimates that these trends will not
significantly diminish when the public
health crisis ends.
To address the current and
anticipated demand, Amazon Air is
increasing use of its own employees for
company services and operations, rather
than contracting out for services.
Amazon Air already has employees in
place at the three locations within the
scope of this exemption and has
represented to TSA that it intends to
hire significantly more employees over
the next 12 to 18 months.
Hiring surges can occur at all airports
throughout the year due to seasonal
changes or construction. Most airports
can plan ahead for these surges to
ensure sufficient staffing in the airport
badging offices to begin the vetting
process and issue ID media to new
employees. However, when a new or
existing employer has a significant,
sudden increase in employees, all
airport vendors can be adversely
affected by the strain this places on the
airport badging system. It takes
significant time to collect the biometric
and biographic information needed to
initiate CHRCs and security threat
assessments (STA), adjudicate CHRCs,
and issue the ID media.
Amazon Air has represented to TSA
that it has the capability and capacity to
assume certain security responsibilities
under the ASPs at these airports. These
security responsibilities include
physical control of access points at the
locations; adjudicating CHRCs for
disqualifying offenses and submitting
STAs for its employees; issuing ID
12 The term ‘‘jump seater’’ refers to an off duty
commercial pilot who is permitted to travel by
using the jumpseat in the cockpit of a commercial
aircraft operator.
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40074
Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Notices
media; and conducting ID media
accountability audits.
TSA has determined that Amazon Air
possesses the latest, sophisticated access
control and monitoring systems that
enhance security by significantly
restricting access to cargo and aircraft.
Amazon Air is in the process of
installing these systems at access points
at these locations. As a subsidiary of a
profitable, private sector leader in
technology, Amazon Air benefits from
ample resources to purchase advanced
equipment as needed, without regard to
local government budget restrictions
that many airports face. This factor
provides a level of assurance that the
security capability will remain
consistent and substantial. Amazon
Air’s independent economic stability
also provides a level of assurance that
it will be able to quickly obtain any
necessary expertise it may need to carry
out all of the EAA functions going
forward.
will have direct oversight of Amazon
Air’s security activities, rather than
indirectly through an aircraft operator
for which Amazon Air is an authorized
representative. Given the scale of
Amazon Air’s commercial activities and
physical infrastructure that must be
secured at these airports, TSA
compliance oversight will be more
efficient and effective if conducted
directly over Amazon Air.
Therefore, TSA has determined that it
is in the public interest to grant CVG,
BWI, and RFD an exemption from the
provision in 49 CFR 1542.111 that limits
the persons with whom an airport
operator may execute an EAA to aircraft
operators and foreign air carriers. Under
this exemption, CVG, BWI, and RFD,
respectively, may enter into an EAA
with Amazon Air consistent with TSA
EAA-requirements. These exemptions
apply only to these airports and their
respective EAAs with Amazon Air.
III. Authority and Determination
TSA may grant an exemption from a
regulation if TSA determines that the
exemption is in the public interest.13
TSA finds this exemption to be in the
public interest for several reasons. First,
TSA has evaluated Amazon Air’s
security apparatus with respect to
access control and monitoring, vetting
and ID media issuance, and cargo
management and movement, and
determined it to be modern, strong, and
resilient. Second, Amazon Air’s
significant personnel expansion at these
locations may strain the resources of
airport operator and aircraft operator
badging offices, adversely affecting
other airport vendors, and limiting new
hire capability. Amazon Air’s ability
under an EAA to initiate the employee
vetting functions that the airport
authorities would otherwise be required
to conduct will more efficiently manage
volume as needed. This factor should
reap economic benefits for the
surrounding areas in terms of
employment, and to other airport
vendors who will not be adversely
affected by a sudden increase in airport
ID media issuance. Moreover, extending
the authorities under an EAA to
Amazon Air at these locations is
consistent with Executive Order 13725
of April 16, 2016 (Steps to Increase
Competition and Better Inform
Consumers and Workers to Support
Continued Growth of the American
Economy 14 to promote competition and
reduce regulatory restrictions where
possible. Finally, under the EAAs, TSA
IV. Exemptions
13 See
49 U.S.C. 114(q).
at 81 FR 23417 (April 20, 2016).
14 Published
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Applicability: These exemptions
apply to CVG, BWI, and RFD.
Exemption: For the duration of each
exemption, CVG, BWI, and RFD,
respectively, may apply for an
amendment to their airport security
program that permits the airport
operator to enter into an EAA in
accordance with 49 CFR 1542.111 with
Amazon Air, notwithstanding that
Amazon Air is not a TSA-regulated
aircraft operator or foreign air carrier.
The terms of the EAA replace the
requirements in 49 CFR part 1542 so
long as Amazon Air complies with the
EAA. This amendment and the EAA
must require Amazon Air to comply
with all relevant Security Directives and
Emergency Amendments issued by
TSA.
Duration: These exemptions take
effect on July 26, 2021. At CVG, BWI,
and RFD, Amazon Air may begin
performing as an EAA-holder on the
date on which TSA approves an
amendment to the respective airport
operator’s airport security program
implementing each executed EAA. Each
exemption will remain in effect while
the airport operator’s TSA-approved
airport security program remains in
effect. TSA may direct revisions to the
ASP amendment and EAA with regard
to one or more of the covered airport
operators, for security reasons under 49
CFR 1542.105(b). TSA may rescind the
ASP amendment and EAA, and may
rescind or modify the exemption, with
regard to one or more of the covered
airport operators, at any time.
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Dated: July 19, 2021.
David P. Pekoske,
Administrator.
[FR Doc. 2021–15902 Filed 7–22–21; 4:15 pm]
BILLING CODE 9110–05–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7034–N–43; OMB Control
No.: 2502–New]
30-Day Notice of Proposed Information
Collection: Housing Counseling
Agency Activity Report
Office of the Chief Information
Officer, HUD.
ACTION: Notice.
AGENCY:
HUD has submitted the
proposed information collection
requirement described below to the
Office of Management and Budget
(OMB) for review, in accordance with
the Paperwork Reduction Act. The
purpose of this notice is to allow for an
additional 30 days of public comment.
DATES: Comments Due Date: August 25,
2021.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal. Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
Start Printed Page 15501PRAMain. Find
this particular information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
by using the search function.
FOR FURTHER INFORMATION CONTACT:
Colette Pollard, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 7th Street
SW, Washington, DC 20410; email
Colette Pollard at Colette.Pollard@
hud.gov or telephone 202–402–3400.
This is not a toll-free number. Persons
with hearing or speech impairments
may access this number through TTY by
calling the toll-free Federal Relay
Service at (800) 877–8339.
Copies of available documents
submitted to OMB may be obtained
from Ms. Pollard.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD has
submitted to OMB a request for
approval of the information collection
described in Section A. The Federal
Register notice that solicited public
comment on the information collection
for a period of 60 days was published
on May 19, 2021 at 86 FR 27100.
SUMMARY:
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]]>Agencies
[Federal Register Volume 86, Number 140 (Monday, July 26, 2021)]
[Notices]
[Pages 40072-40074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15902]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
Exemption for Exclusive Area Agreements at Certain Airports
AGENCY: Transportation Security Administration, DHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: TSA is providing notice of temporary exemptions the agency is
granting to three airport operators to permit them to enter into
Exclusive Area Agreements (EAA) with Amazon Air, a subsidiary of
Amazon.com Inc. The exemption applies to the following airport
operators: Cincinnati/Northern Kentucky International Airport (CVG),
Baltimore/Washington International Thurgood Marshall Airport (BWI), and
Chicago Rockford International Airport (RFD).
DATES: These exemptions take effect on July 26, 2021 and remain in
effect until modified or rescinded by TSA through a notice published in
the Federal Register.
FOR FURTHER INFORMATION CONTACT: Eric Byczynski, Airport Security
Programs, Aviation Division, Policy, Plans, and Engagement; email to:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Purpose
TSA's regulations provide that airport operators may enter into
EAAs only with aircraft operators or foreign air carriers, subject to
TSA approval of an amendment to each airport operator's airport
security program (ASP). See 49 CFR 1542.111. Amazon Air is not an
aircraft operator or foreign air carrier, but conducts significant
operations at three airports on behalf of aircraft operators.
TSA has determined it is in the public interest to authorize these
airport operators to enter into EAAs with Amazon Air because this
action will create operational and economic efficiencies for the
airport operators and Amazon Air, to the economic benefit of the public
and without detriment to security. The exemptions permit these airports
to leverage significant private sector technologies with respect to
access control and monitoring systems that enhance security and
minimize insider threat. The exemptions will also facilitate the rapid
hiring of significant numbers of new personnel to support Amazon Air's
expanded presence at these locations, aiding the economy in the
surrounding areas. Finally, the exemptions will permit TSA to exercise
direct regulatory oversight of Amazon Air concerning the security
functions they will perform under the EAAs. All other provisions of 49
CFR 1542.111 will apply to any EAA executed under these exemptions.
[[Page 40073]]
II. Background
A. Airport Security
TSA administers a comprehensive regulatory program to govern the
security of aviation, including standards for domestic airports,
domestic aircraft operators, and foreign air carriers. The security
requirements for domestic airports are codified at 49 CFR part 1542 and
include minimum standards for access control procedures, identification
(ID) media, passenger screening, criminal history records checks
(CHRCs) of airport workers, law enforcement support, training,
contingency plans, TSA inspection authority, and incident management.
These regulations require airport operators to conduct specified
security measures in the secured area,\1\ air operations area (AOA),
and security identification display area (SIDA) of the airport. Part
1542 requires airports to develop and follow TSA-approved ASPs \2\ that
establish security procedures specific to each airport, and Security
Directives, which apply to all airports.
---------------------------------------------------------------------------
\1\ 49 CFR 1540.5 for definitions of terms used throughout this
notice.
\2\ 49 CFR 1542.105(a).
---------------------------------------------------------------------------
TSA recognizes that, in certain circumstances, these security
measures may be performed more effectively or efficiently by another
TSA-regulated party, such as an aircraft operator or foreign air
carrier, operating on the airport. Therefore, under 49 CFR 1542.111,
TSA may approve an amendment to an airport's ASP that permits the
airport operator to execute a legally binding EAA with an aircraft
operator \3\ or foreign air carrier.\4\ Under the EAA, the aircraft
operator or foreign air carrier assumes responsibility from the airport
operator for specified ASP security measures in all or specified
portions of the secured area, AOA, or SIDA.\5\ TSA requires the EAA to
be in writing, and signed by the airport operator and the aircraft
operator or foreign air carrier.\6\ TSA also prescribes in detail the
required contents of the EAA, including a description of the measures
that become the responsibility of the aircraft operator or foreign air
carrier.\7\
---------------------------------------------------------------------------
\3\ 49 CFR part 1544.
\4\ 49 CFR part 1546.
\5\ 49 CFR 1542.111(a).
\6\ 49 CFR 1542.111(b).
\7\ 49 CFR 1542.111(b)(1)-(3).
---------------------------------------------------------------------------
EAAs are an established part of TSA's regulatory structure for
airport operators, commonly used since 1978.\8\ Currently, there are
more than 70 EAAs in place with aircraft operators and foreign air
carriers at domestic airports. EAAs are typically used when an entire
airport terminal is serviced exclusively by one aircraft operator. At
locations with EAAs, TSA conducts standard compliance inspections, and
may issue violations of the security standard set forth in the EAA
against the aircraft operator or foreign air carrier that holds the
EAA.
---------------------------------------------------------------------------
\8\ Published at 43 FR 60792 (Dec. 28, 1978).
---------------------------------------------------------------------------
B. Entities Subject to the Exemptions
These exemptions are limited to three airports-CVG, BWI, and RFD-
and the operations of Amazon Air at these locations.
Amazon.com, Inc. is an American multinational technology company
based in Seattle, Washington engaged in e-commerce, cloud computing,
digital streaming, artificial intelligence, and cargo shipping. As of
Spring 2021, Amazon reports that, less than 20 percent of Amazon's
cargo is shipped by air. Due in part, however, to the COVID-19 public
health crisis and impact on the economy, cargo shipment has increased
dramatically, with a corresponding relative increase in the total
volume of air cargo.
Amazon's subsidiary, Amazon Air, maintains operations at various
domestic and international airports. Amazon Air owns air cargo
aircraft, but does not operate the aircraft itself and is not an
aircraft operator for purposes of TSA's regulations. Amazon Air leases
the aircraft to certain aircraft operators holding TSA full all-cargo
security programs.\9\ Amazon Air then acts as an authorized
representative for these full all-cargo aircraft operators \10\ at
certain airports, including the three covered by these Exemptions.
---------------------------------------------------------------------------
\9\ See 49 CFR 1544.101(h) for scope of a full all-cargo
security program.
\10\ For purposes of this exemption, applicable full all-cargo
aircraft operators include Atlas Air, Air Transport International,
ABX, Inc., and Sun Country Airlines.
---------------------------------------------------------------------------
As an authorized representative \11\ at these locations, Amazon Air
performs security functions under TSA's Full All-Cargo Aircraft
Operator Standard Security Program on behalf of these aircraft
operators, including the responsibility for preventing access to both
aircraft and the cargo bound for those aircraft, and providing the
Ground Security Coordinator, the individual at the facility responsible
for coordinating these security responsibilities. Amazon Air has also
assumed security responsibility for performing cargo acceptance and
chain of custody; cargo screening, buildup, and consolidation;
recordkeeping; cargo training; aircraft searches; screening ``jump
seaters'' \12\ and their property; incident reporting; comparing jump
seaters and individuals who have access to aircraft and cargo against
watchlists; and participation in table top exercises.
---------------------------------------------------------------------------
\11\ An ``authorized representative'' is a person who performs
TSA-required security measures as an agent of a TSA-regulated party.
Although the authorized representative may perform the measures, the
TSA-regulated party remains responsible for completion, and TSA
holds the TSA-regulated party primarily accountable through
enforcement action of any violations. TSA may also hold the
authorized representative accountable if it causes the regulated
party's violation. See 49 CFR 1540.105.
\12\ The term ``jump seater'' refers to an off duty commercial
pilot who is permitted to travel by using the jumpseat in the
cockpit of a commercial aircraft operator.
---------------------------------------------------------------------------
Based on logistics and Amazon Air's current transportation network,
these airports have become high capacity locations. As noted above,
these increases are due, in part, to the COVID pandemic, the public's
heightened reliance on online shopping for basic goods, and the
Nation's needs to move personal protective equipment and related
products quickly. Amazon Air estimates that these trends will not
significantly diminish when the public health crisis ends.
To address the current and anticipated demand, Amazon Air is
increasing use of its own employees for company services and
operations, rather than contracting out for services. Amazon Air
already has employees in place at the three locations within the scope
of this exemption and has represented to TSA that it intends to hire
significantly more employees over the next 12 to 18 months.
Hiring surges can occur at all airports throughout the year due to
seasonal changes or construction. Most airports can plan ahead for
these surges to ensure sufficient staffing in the airport badging
offices to begin the vetting process and issue ID media to new
employees. However, when a new or existing employer has a significant,
sudden increase in employees, all airport vendors can be adversely
affected by the strain this places on the airport badging system. It
takes significant time to collect the biometric and biographic
information needed to initiate CHRCs and security threat assessments
(STA), adjudicate CHRCs, and issue the ID media.
Amazon Air has represented to TSA that it has the capability and
capacity to assume certain security responsibilities under the ASPs at
these airports. These security responsibilities include physical
control of access points at the locations; adjudicating CHRCs for
disqualifying offenses and submitting STAs for its employees; issuing
ID
[[Page 40074]]
media; and conducting ID media accountability audits.
TSA has determined that Amazon Air possesses the latest,
sophisticated access control and monitoring systems that enhance
security by significantly restricting access to cargo and aircraft.
Amazon Air is in the process of installing these systems at access
points at these locations. As a subsidiary of a profitable, private
sector leader in technology, Amazon Air benefits from ample resources
to purchase advanced equipment as needed, without regard to local
government budget restrictions that many airports face. This factor
provides a level of assurance that the security capability will remain
consistent and substantial. Amazon Air's independent economic stability
also provides a level of assurance that it will be able to quickly
obtain any necessary expertise it may need to carry out all of the EAA
functions going forward.
III. Authority and Determination
TSA may grant an exemption from a regulation if TSA determines that
the exemption is in the public interest.\13\ TSA finds this exemption
to be in the public interest for several reasons. First, TSA has
evaluated Amazon Air's security apparatus with respect to access
control and monitoring, vetting and ID media issuance, and cargo
management and movement, and determined it to be modern, strong, and
resilient. Second, Amazon Air's significant personnel expansion at
these locations may strain the resources of airport operator and
aircraft operator badging offices, adversely affecting other airport
vendors, and limiting new hire capability. Amazon Air's ability under
an EAA to initiate the employee vetting functions that the airport
authorities would otherwise be required to conduct will more
efficiently manage volume as needed. This factor should reap economic
benefits for the surrounding areas in terms of employment, and to other
airport vendors who will not be adversely affected by a sudden increase
in airport ID media issuance. Moreover, extending the authorities under
an EAA to Amazon Air at these locations is consistent with Executive
Order 13725 of April 16, 2016 (Steps to Increase Competition and Better
Inform Consumers and Workers to Support Continued Growth of the
American Economy \14\ to promote competition and reduce regulatory
restrictions where possible. Finally, under the EAAs, TSA will have
direct oversight of Amazon Air's security activities, rather than
indirectly through an aircraft operator for which Amazon Air is an
authorized representative. Given the scale of Amazon Air's commercial
activities and physical infrastructure that must be secured at these
airports, TSA compliance oversight will be more efficient and effective
if conducted directly over Amazon Air.
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\13\ See 49 U.S.C. 114(q).
\14\ Published at 81 FR 23417 (April 20, 2016).
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Therefore, TSA has determined that it is in the public interest to
grant CVG, BWI, and RFD an exemption from the provision in 49 CFR
1542.111 that limits the persons with whom an airport operator may
execute an EAA to aircraft operators and foreign air carriers. Under
this exemption, CVG, BWI, and RFD, respectively, may enter into an EAA
with Amazon Air consistent with TSA EAA-requirements. These exemptions
apply only to these airports and their respective EAAs with Amazon Air.
IV. Exemptions
Applicability: These exemptions apply to CVG, BWI, and RFD.
Exemption: For the duration of each exemption, CVG, BWI, and RFD,
respectively, may apply for an amendment to their airport security
program that permits the airport operator to enter into an EAA in
accordance with 49 CFR 1542.111 with Amazon Air, notwithstanding that
Amazon Air is not a TSA-regulated aircraft operator or foreign air
carrier. The terms of the EAA replace the requirements in 49 CFR part
1542 so long as Amazon Air complies with the EAA. This amendment and
the EAA must require Amazon Air to comply with all relevant Security
Directives and Emergency Amendments issued by TSA.
Duration: These exemptions take effect on July 26, 2021. At CVG,
BWI, and RFD, Amazon Air may begin performing as an EAA-holder on the
date on which TSA approves an amendment to the respective airport
operator's airport security program implementing each executed EAA.
Each exemption will remain in effect while the airport operator's TSA-
approved airport security program remains in effect. TSA may direct
revisions to the ASP amendment and EAA with regard to one or more of
the covered airport operators, for security reasons under 49 CFR
1542.105(b). TSA may rescind the ASP amendment and EAA, and may rescind
or modify the exemption, with regard to one or more of the covered
airport operators, at any time.
Dated: July 19, 2021.
David P. Pekoske,
Administrator.
[FR Doc. 2021-15902 Filed 7-22-21; 4:15 pm]
BILLING CODE 9110-05-P
