Recordkeeping Requirements for Criminal History Record Checks; Airport and Aircraft Operator Security; Technical Amendments, 3716-3719 [2025-00773]
Download as PDF
3716
Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations
(d) * * *
(2) If the pipeline is metallic, control
corrosion according to requirements of
subpart I of this part applicable to
transmission lines, except the
requirements in §§ 192.461(f) through
(i), 192.465(d) and (f), 192.473(c),
192.485(c), and 192.493;
*
*
*
*
*
(e) * * *
(1) * * *
(ii) If the pipeline is metallic, control
corrosion according to requirements of
subpart I of this part applicable to
transmission lines, except the
requirements in §§ 192.461(f) through
(i), 192.465(d) and (f), 192.473(c),
192.485(c), and 192.493;
*
*
*
*
*
§ 192.478
[Removed]
3. Remove § 192.478.
4. Amend § 192.714 by revising
paragraphs (d)(1)(iv) and (v) to read as
follows:
■
■
§ 192.714 Transmission lines: Repair
criteria for onshore transmission pipelines.
*
*
*
*
*
(d) * * *
(1) * * *
(iv) Metal loss preferentially affecting
a detected longitudinal seam, if that
seam was formed by direct current, lowfrequency electric resistance welding,
electric flash welding, or has a
longitudinal joint factor less than 1.0,
and the predicted failure pressure
determined in accordance with
§ 192.712(d) is less than 1.25 times the
MAOP.
(v) A crack or crack-like anomaly
meeting any of the following criteria:
(A) Crack depth plus any metal loss
is greater than 50 percent of pipe wall
thickness; or
(B) Crack depth plus any metal loss is
greater than the inspection tool’s
maximum measurable depth.
*
*
*
*
*
■ 5. Amend § 192.927 by revising
paragraph (c)(4)(iii)(A) to read as
follows:
§ 192.927 What are the requirements for
using Internal Corrosion Direct Assessment
(ICDA)?
lotter on DSK11XQN23PROD with RULES1
*
*
*
*
*
(c) * * *
(4) * * *
(iii) * * *
(A) Conduct excavations of, and
detailed examinations at, locations
downstream from where the electrolytes
might have entered the pipe to
investigate and accurately characterize
the nature, extent, and root cause of the
corrosion; or
*
*
*
*
*
VerDate Sep<11>2014
15:48 Jan 14, 2025
Jkt 265001
6. Amend § 192.933 by revising
paragraphs (d)(1)(iv) and (v) to read as
follows:
■
§ 192.933 What actions must be taken to
address integrity issues?
*
*
*
*
*
(d) * * *
(1) * * *
(iv) Metal loss preferentially affecting
a detected longitudinal seam, if that
seam was formed by direct current, lowfrequency electric resistance welding,
electric flash welding, or has a
longitudinal joint factor less than 1.0,
and the predicted failure pressure
determined in accordance with
§ 192.712(d) is less than 1.25 times the
MAOP.
(v) A crack or crack-like anomaly
meeting any of the following criteria:
(A) Crack depth plus any metal loss
is greater than 50 percent of pipe wall
thickness; or
(B) Crack depth plus any metal loss is
greater than the inspection tool’s
maximum measurable depth.
*
*
*
*
*
Issued in Washington, DC, on December
30, 2024, under authority delegated in 49
CFR 1.97.
Tristan H. Brown,
Deputy Administrator.
[FR Doc. 2025–00073 Filed 1–14–25; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF HOMELAND
SECURITY
Transportation Security Administration
49 CFR Parts 1542 and 1544
Recordkeeping Requirements for
Criminal History Record Checks;
Airport and Aircraft Operator Security;
Technical Amendments
Transportation Security
Administration, Department of
Homeland Security (DHS).
ACTION: Final rule; technical
amendments.
AGENCY:
The Transportation Security
Administration (TSA) is issuing
technical amendments to certain
aviation security regulations. The
technical amendments to the regulations
clarify that airport operators and aircraft
operators are required to retain only the
criminal records, including the
application for a criminal history
records check (CHRC), associated with
an individual’s current CHRC, CHRC
certification, or authorization to perform
a covered function and not records
associated with previous CHRCs or
SUMMARY:
PO 00000
Frm 00116
Fmt 4700
Sfmt 4700
employment investigations. Also, the
technical amendments clarify that the
records may be stored in paper or
electronic form.
This rule is effective as of
January 15, 2025.
DATES:
FOR FURTHER INFORMATION CONTACT:
David Siegmund; Airport Security
Programs; Aviation Division; Policy,
Plans, and Engagement; (571) 227–4325;
david.siegmund@tsa.dhs.gov.
You can
find an electronic copy of this rule using
the internet by accessing the
Government Publishing Office’s web
page at https://www.govinfo.gov/app/
collection/FR to view the daily
published Federal Register edition or by
accessing the Office of the Federal
Register’s web page at https://
www.federalregister.gov. Copies are also
available by contacting the individual
identified in the FOR FURTHER
INFORMATION CONTACT section.
SUPPLEMENTARY INFORMATION:
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 the FOR
FURTHER INFORMATION CONTACT section.
Persons can obtain further information
regarding SBREFA on the Small
Business Administration’s web page at
https://advocacy.sba.gov/resources/
reference-library/sbrefa/.
I. Discussion of the Rule
TSA is making technical amendments
to regulatory recordkeeping
requirements related to CHRCs that
workers for airport and aircraft
operators are required to undergo.
Beginning in 1996, the FAA required
airport and aircraft operators to conduct
employment investigations for certain
workers. Following the terrorist attacks
on September 11, 2001, the FAA
determined that the employment
investigations did not adequately
protect transportation security and
published the CHRCs final rule on
December 6, 2001.1 The rule required
the completion of CHRCs for
individuals with unescorted Security
Identification Display Area security
functions such as screening of cargo or
1 66 FR 63474 (Dec. 6, 2001). FAA aviation
security functions were transferred to TSA under 67
FR 7939 (Feb. 20, 2002).
E:\FR\FM\15JAR1.SGM
15JAR1
Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
accepting checked baggage for
transport.2
For airport operators, the current
regulations require retention of all
employment history investigation files
conducted before December 6, 2001, the
fingerprint application and CHRC
results conducted after December 6,
2001, and any CHRC certifications
received after December 6, 2001.3 For
aircraft operators, the current
regulations require retention of
employment history investigation files
conducted before December 6, 2001, and
fingerprint application and CHRC
results conducted after December 6,
2001.4 The regulations also require
airport and aircraft operators to retain
these records until 180 days after the
individual’s access has expired or their
authority to perform a covered function
is terminated.5
When these regulations were
promulgated, airport and aircraft
operators were required to complete
only one CHRC for covered
individuals.6 However, as a result of the
terrorist attacks of September 11, 2001,
the modern threat environment, and
TSA’s risk-based approach to aviation
security, TSA has issued security
program amendments and security
directives requiring airport and certain
aircraft operator workers to undergo
recurrent CHRCs. For instance, TSA
required workers with unescorted
access to airport Security Identification
Display Areas and sterile areas to
complete CHRCs every 2 years, and then
to participate in the Rap Back program.
As a result of the recurrent CHRC
requirements and a strict reading of the
recordkeeping regulations, covered
entities retain numerous copies of CHRC
applications and results. Retaining these
records is burdensome and costly.
Moreover, TSA does not need prior
CHRC applications and results to assess
compliance with the existing CHRC
requirements. Therefore, TSA is
clarifying the existing regulations to
state that operators must retain only the
records relating to the current CHRC.
For §§ 1542.209 and 1544.229, the
technical amendments remove the date
of December 6, 2001, and the
requirements concerning employment
investigations that applied before that
date in the rule text because that
language is no longer necessary. Also,
the technical amendments now include
the phrase ‘‘in electronic or paper form
2 See also 49 CFR 1544.229 and 1544.330
(expanding CHRC requirements to include
flightcrew members).
3 See 49 CFR 1542.209(k)(1) through (3).
4 See 49 CFR 1544.229(k)(1) and (2).
5 See 49 CFR 1542.209(k)(5), 1544.229(k)(4).
6 66 FR 63474 (Dec. 6, 2001).
VerDate Sep<11>2014
15:48 Jan 14, 2025
Jkt 265001
as authorized by TSA’’ to clarify that
either hard copy or electronic forms are
permissible. When the regulation was
originally published, the primary means
of record maintenance was in paper/
hard copy, which has changed over time
to electronic document storage. TSA is
adding the phrase ‘‘associated with the
individual’s current ID media, CHRC
certification, or authorization to perform
a covered function’’ to clarify that only
the current CHRC records must be
retained. TSA is revising the title of
‘‘Certification’’ to ‘‘Certifications’’ to
grammatically conform with other
references to certifications in the rule
text. Finally, TSA is removing the
phrase ‘‘all investigations’’ to more
accurately reflect that airport and
aircraft operators are only required to
preserve certain records.
For § 1544.230, the technical
amendments add the phrase ‘‘[t]he
airport operator must maintain the
following information associated with
an individual’s current authorization to
be a flightcrew member, in electronic or
paper form, as authorized by TSA.’’ This
change clarifies that either hard copy or
electronic forms are permissible and
that only the current CHRC records
must be retained for flightcrew records
checks. The technical amendments also
delete extraneous phrases from
§ 1544.230 so that the recordkeeping
language is similar to §§ 1542.209 and
1544.229.
II. Good Cause and Procedural Rule
Exceptions From Notice and Comment
and Delayed Effective Date
TSA is issuing this final rule change
as a technical amendment without a
notice of proposed rulemaking or
delayed effective date. The
Administrative Procedure Act
authorizes agencies to forgo the notice
and comment requirements if it ‘‘for
good cause finds . . . that notice and
public procedure thereon are
impracticable, unnecessary, or contrary
to the public interest.’’ 5 U.S.C.
553(b)(B); see also 5 U.S.C. 553(d)(3)
(allowing agency to forgo a delayed
effective date for a substantive rule
upon a finding of good cause).
TSA believes notice and comment
concerning reducing the recordkeeping
requirements is unnecessary as it is a
limited amendment to reflect processes
and security needs that have changed
overtime. It is unnecessary to seek
notice and comment on the rule changes
because the new language imposes no
new substantive burden and reflects
current security and compliance
procedures. Further, it is unnecessary
for the rule to have a delayed effective
date as the amendment merely reduces
PO 00000
Frm 00117
Fmt 4700
Sfmt 4700
3717
recordkeeping requirements. Operators
may continue to retain old criminal
applications and records but are not
required to do so. For these reasons,
TSA believes that bypassing the
ordinary notice and comment procedure
and the delayed effected date
requirement is justified in the totality of
the circumstances.
In addition, 5 U.S.C. 553(b)(A)
permits agencies to forgo notice and
comment when issuing ‘‘rules of agency
organization, procedure, or practice,’’
i.e., a procedural rule. ‘‘A useful
articulation of the exemption’s critical
feature is that it covers agency actions
that do not themselves alter the rights or
interests of parties, although it may alter
the manner in which the parties present
themselves or their viewpoints to the
agency.’’ 7 The exemption ‘‘preserve[s]
agency flexibility when dealing with
limited situations where substantive
rights are not at stake.’’ 8 Here, TSA is
removing a requirement to retain the old
CHRC records that were written when
only one CHRC was required. As a
matter of agency procedure and
practice, TSA does not need to review
old CHRC records and applications in
order to assess an operator’s current
compliance with the vetting regulations.
In addition, the delayed effective date
requirements under 5 U.S.C. 553(d) do
not apply to procedural rules.
TSA is issuing these final rule
changes through technical amendments
and not as a notice of proposed
rulemaking. The technical amendments
reflect current Agency procedures and
impose no new substantive
requirements. However, it is important
to note that even if these revisions were
not considered technical amendments,
they fall within other exceptions to
notice and comment under the
Administrative Procedure Act.9
III. Regulatory Analyses
A. Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(PRA) (44 U.S.C. 3501 et seq.) requires
that TSA 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. This rule
does not call for a new collection of
information under the PRA. CHRC
7 Batterton v. Marshall, 648 F.2d 694, 707 (D.C.
Cir. 1980).
8 American Hospital Ass’n v. Bowen, 834 F.2d
1037, 1045 (D.C. Cir. 1987).
9 See 5 U.S.C. 551–559.
E:\FR\FM\15JAR1.SGM
15JAR1
3718
Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations
recordkeeping requirements are
currently covered under Information
Collection Request 1652–002 (Airport
Security Program). CHRC recordkeeping
burden estimates within the Information
Collection Request already align with
CHRC recordkeeping clarifications
identified in the technical amendment
and thus do not require revision at this
time.
B. Executive Orders 12866 and 13563
Assessment
Executive Orders 12866 (Regulatory
Planning and Review), as amended by
Executive Order 14094 (Modernizing
Regulatory Review), and 13563
(Improving Regulation and Regulatory
Review) direct agencies to assess the
costs and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying costs and benefits, reducing
costs, harmonizing rules, and promoting
flexibility.
The OMB has not designated this rule
a significant regulatory action under
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094.
Accordingly, OMB has not reviewed
this regulatory action.
This technical amendment clarifies
CHRC recordkeeping requirements
which may result in cost savings
associated with no longer retaining old
CHRCs and storing such records
electronically. This technical
amendment does not impose any new
substantive burden and reflects current
security and compliance procedures.
lotter on DSK11XQN23PROD with RULES1
C. Regulatory Flexibility Analysis
The Regulatory Flexibility Act of 1980
(RFA) 10 requires that agencies consider
the impacts of their rules on small
entities. For purposes of the RFA, small
entities include small businesses, notfor-profit organizations, and small
governmental jurisdictions. The RFA’s
regulatory flexibility analysis
requirements apply only to those rules
for which an agency is required to
publish a general notice of proposed
rulemaking pursuant to 5 U.S.C. 553 or
any other law. See 5 U.S.C. 604(a). As
discussed previously, TSA did not issue
a notice of proposed rulemaking for this
action as exempted by 5 U.S.C. 553(b).
10 Public Law 96–354 (94 Stat. 1164, Sept. 19,
1980), codified at 5 U.S.C. 601 et seq., as amended
by the Small Business Regulatory Enforcement
Fairness Act of 1996 (SBREFA).
VerDate Sep<11>2014
15:48 Jan 14, 2025
Jkt 265001
Therefore, a regulatory flexibility
analysis is not required for this rule.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (2 U.S.C. 1531–38,
UMRA) requires each Federal agency to
prepare a written statement assessing
the effects of any Federal mandate in a
proposed rule or final rule for which the
agency published a proposed rule,
which includes any Federal mandate
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.
Regulations are only reviewable under
UMRA when an agency has published a
notice of proposed rulemaking as
defined by 5 U.S.C. 553(b).11 This rule
is exempted from notice and comment
under 5 U.S.C. 553(b). TSA did not
publish a notice of proposed
rulemaking; thus, this rule is exempt
from UMRA’s requirements pertaining
to the preparation of a written
statement.
E. Executive Order 13132
Under Executive Order 13132
(Federalism), agencies must consider
whether a rule has federalism
implications. TSA has determined that
this rule does not have federalism
implications because it does not create
a substantial direct effect on States, on
the relationship between the National
Government and States, or the
distribution of power and
responsibilities among the various
levels of government.
F. 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. The
Trade Agreement Act does not consider
legitimate domestic objectives, such as
essential security, as unnecessary
obstacles. The statute also requires that
international standards be considered,
and where appropriate, that they be the
basis for U.S. standards. This technical
amendment will not have an adverse
impact on international trade.
G. Energy Impact Analysis
TSA assessed the energy impact of
this action in accordance with the
Energy Policy and Conservation Act,12
and determined that this technical
H. Environmental Analysis
TSA has reviewed this technical
amendment for purposes of the National
Environmental Policy Act of 1969 13 and
has determined that this action will not
have a significant effect on the human
environment. This action is covered by
categorical exclusion numbers A3(a) (for
actions of a strictly administrative or
procedural nature) and (b) (that
implement, without substantive change,
statutory or regulatory requirements) in
DHS Management Directive 023–01
(formerly Management Directive
5100.1), Environmental Planning
Program, and Instruction Manual 023–
01–001–01, Rev. 1, which guides TSA
compliance with the National
Environmental Policy Act.
I. The Congressional Review Act
Before a rule can take effect, 5 U.S.C.
801, the Congressional Review Act
(CRA), requires agencies to submit the
rule and a report indicating whether it
is a major rule to Congress and the
Comptroller General. Under 5 U.S.C.
804(3)(C), rules of agency organization,
procedure, or practice that do not
substantially affect the rights or
obligations of non-agency parties are not
considered to be a rule for the purposes
of the CRA. This technical amendment
is a rule of agency organization,
procedure, or practice that will not
substantially affect the rights or
obligations of non-agency parties, thus
is not required to be submitted for
review under the CRA.
List of Subjects
49 CFR Part 1542
Airports, Aviation safety, Law
enforcement officers, Reporting and
recordkeeping requirements, Security
measures.
49 CFR Part 1544
Air carriers, Aircraft, Airmen,
Airports, Aviation safety, Explosives,
Freight forwarders, Law enforcement
officers, Reporting and recordkeeping
requirements, Security measures.
For the reasons stated in the
preamble, the Transportation Security
Administration amends chapter XII, of
title 49, Code of Federal Regulations as
follows:
PART 1542—AIRPORT SECURITY
1. The authority citation for part 1542
continues to read as follows:
■
11 See
12 As
PO 00000
2 U.S.C. 658(10); 5 U.S.C. 601(2).
codified at 42 U.S.C. 6362.
amendment is not a major regulatory
action under the provisions of the
Energy Policy and Conservation Act.
Frm 00118
Fmt 4700
Sfmt 4700
13 As
E:\FR\FM\15JAR1.SGM
codified at 42 U.S.C. 4321–4347.
15JAR1
Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations
Authority: 49 U.S.C. 114, 5103, 40113,
44901–44905, 44907, 44913–44914, 44916–
44917, 44935–44936, 44942, 46105.
PART 1544—AIRCRAFT OPERATOR
SECURITY: AIR CARRIERS AND
COMMERCIAL OPERATORS
2. Revise § 1542.209(k) to read as
follows:
■
■
3. The authority citation for part 1544
continues to read as follows:
§ 1542.209 Fingerprint-based criminal
history records checks (CHRC).
*
*
*
*
(k) Recordkeeping. The airport
operator must maintain the following
information associated with an
individual’s current identification (ID)
media in electronic or paper form, as
authorized by TSA:
(1) Fingerprint application. Except
when the airport operator has received
a certification under paragraph (n) of
this section, the airport operator must
physically maintain, control, and, as
appropriate, destroy the fingerprint
application and the criminal record.
Only direct airport operator employees
may carry out the responsibility for
maintaining, controlling, and destroying
criminal records.
(2) Certifications. The airport operator
must maintain the certifications
provided under paragraph (n) of this
section.
(3) Protection of records. The records
required by this section must be
maintained in a manner that is
acceptable to TSA and in a manner that
protects the confidentiality of the
individual.
(4) Duration. The records identified in
this section with regard to an individual
must be maintained until 180 days after
the termination of the individual’s
unescorted access authority. When files
are no longer maintained, the criminal
record must be destroyed.
*
*
*
*
*
lotter on DSK11XQN23PROD with RULES1
*
VerDate Sep<11>2014
15:48 Jan 14, 2025
Jkt 265001
Authority: 49 U.S.C. 114, 5103, 40113,
44901–44905, 44907, 44913–44914, 44916–
44918, 44932, 44935–44936, 44942, 46105.
4. Revise § 1544.229(k) to read as
follows:
■
§ 1544.229 Fingerprint-based criminal
history records checks (CHRC): Unescorted
access authority, authority to perform
screening functions, and authority to
perform check baggage or cargo functions.
*
*
*
*
*
(k) Recordkeeping. The aircraft
operator must maintain the following
information associated with an
individual’s current identification (ID)
media, CHRC certification, or
authorization to perform a covered
function in electronic or paper form, as
authorized by TSA:
(1) Fingerprint application. The
aircraft operator must physically
maintain, control, and, as appropriate,
destroy the fingerprint application and
the criminal record. Only direct aircraft
operator employees may carry out the
responsibility for maintaining,
controlling, and destroying criminal
records.
(2) Protection of records. The records
required by this section must be
maintained in a manner that is
acceptable to TSA and in a manner that
protects the confidentiality of the
individual.
(3) Duration. The records identified in
this section with regard to an individual
must be maintained until 180 days after
the termination of the individual’s
authority to perform a covered function.
PO 00000
Frm 00119
Fmt 4700
Sfmt 9990
3719
When files are no longer maintained,
the criminal record must be destroyed.
*
*
*
*
*
■ 5. Revise § 1544.230(h) to read as
follows:
§ 1544.230 Fingerprint-based criminal
history records checks (CHRC): Flightcrew
members.
*
*
*
*
*
(h) Recordkeeping. The aircraft
operator must maintain the following
information associated with a current
authorization to be a flightcrew member,
in electronic or paper form, as
authorized by TSA:
(1) Fingerprint application process.
The aircraft operator must physically
maintain, control, and, as appropriate,
destroy the fingerprint application and
the criminal record. Only direct aircraft
operator employees may carry out the
responsibility for maintaining,
controlling, and destroying criminal
records.
(2) Protection of records. The records
required by this section must be
maintained by the aircraft operator in a
manner that is acceptable to TSA and in
a manner that protects the
confidentiality of the individual.
(3) Duration. The records identified in
this section with regard to an individual
must be made available upon request by
TSA and maintained until 180 days
after the termination of the individual’s
privileges to perform flightcrew member
duties with the aircraft operator. When
files are no longer maintained, the
criminal record must be destroyed.
*
*
*
*
*
Dated: January 10, 2025.
David P. Pekoske,
Administrator.
[FR Doc. 2025–00773 Filed 1–14–25; 8:45 am]
BILLING CODE 9110–05–P
E:\FR\FM\15JAR1.SGM
15JAR1
Agencies
[Federal Register Volume 90, Number 9 (Wednesday, January 15, 2025)]
[Rules and Regulations]
[Pages 3716-3719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00773]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
49 CFR Parts 1542 and 1544
Recordkeeping Requirements for Criminal History Record Checks;
Airport and Aircraft Operator Security; Technical Amendments
AGENCY: Transportation Security Administration, Department of Homeland
Security (DHS).
ACTION: Final rule; technical amendments.
-----------------------------------------------------------------------
SUMMARY: The Transportation Security Administration (TSA) is issuing
technical amendments to certain aviation security regulations. The
technical amendments to the regulations clarify that airport operators
and aircraft operators are required to retain only the criminal
records, including the application for a criminal history records check
(CHRC), associated with an individual's current CHRC, CHRC
certification, or authorization to perform a covered function and not
records associated with previous CHRCs or employment investigations.
Also, the technical amendments clarify that the records may be stored
in paper or electronic form.
DATES: This rule is effective as of January 15, 2025.
FOR FURTHER INFORMATION CONTACT: David Siegmund; Airport Security
Programs; Aviation Division; Policy, Plans, and Engagement; (571) 227-
4325; [email protected].
SUPPLEMENTARY INFORMATION: You can find an electronic copy of this rule
using the internet by accessing the Government Publishing Office's web
page at https://www.govinfo.gov/app/collection/FR to view the daily
published Federal Register edition or by accessing the Office of the
Federal Register's web page at https://www.federalregister.gov. Copies
are also available by contacting the individual identified in the FOR
FURTHER INFORMATION CONTACT section.
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 the FOR FURTHER INFORMATION
CONTACT section. Persons can obtain further information regarding
SBREFA on the Small Business Administration's web page at https://advocacy.sba.gov/resources/reference-library/sbrefa/.
I. Discussion of the Rule
TSA is making technical amendments to regulatory recordkeeping
requirements related to CHRCs that workers for airport and aircraft
operators are required to undergo. Beginning in 1996, the FAA required
airport and aircraft operators to conduct employment investigations for
certain workers. Following the terrorist attacks on September 11, 2001,
the FAA determined that the employment investigations did not
adequately protect transportation security and published the CHRCs
final rule on December 6, 2001.\1\ The rule required the completion of
CHRCs for individuals with unescorted Security Identification Display
Area security functions such as screening of cargo or
[[Page 3717]]
accepting checked baggage for transport.\2\
---------------------------------------------------------------------------
\1\ 66 FR 63474 (Dec. 6, 2001). FAA aviation security functions
were transferred to TSA under 67 FR 7939 (Feb. 20, 2002).
\2\ See also 49 CFR 1544.229 and 1544.330 (expanding CHRC
requirements to include flightcrew members).
---------------------------------------------------------------------------
For airport operators, the current regulations require retention of
all employment history investigation files conducted before December 6,
2001, the fingerprint application and CHRC results conducted after
December 6, 2001, and any CHRC certifications received after December
6, 2001.\3\ For aircraft operators, the current regulations require
retention of employment history investigation files conducted before
December 6, 2001, and fingerprint application and CHRC results
conducted after December 6, 2001.\4\ The regulations also require
airport and aircraft operators to retain these records until 180 days
after the individual's access has expired or their authority to perform
a covered function is terminated.\5\
---------------------------------------------------------------------------
\3\ See 49 CFR 1542.209(k)(1) through (3).
\4\ See 49 CFR 1544.229(k)(1) and (2).
\5\ See 49 CFR 1542.209(k)(5), 1544.229(k)(4).
---------------------------------------------------------------------------
When these regulations were promulgated, airport and aircraft
operators were required to complete only one CHRC for covered
individuals.\6\ However, as a result of the terrorist attacks of
September 11, 2001, the modern threat environment, and TSA's risk-based
approach to aviation security, TSA has issued security program
amendments and security directives requiring airport and certain
aircraft operator workers to undergo recurrent CHRCs. For instance, TSA
required workers with unescorted access to airport Security
Identification Display Areas and sterile areas to complete CHRCs every
2 years, and then to participate in the Rap Back program. As a result
of the recurrent CHRC requirements and a strict reading of the
recordkeeping regulations, covered entities retain numerous copies of
CHRC applications and results. Retaining these records is burdensome
and costly. Moreover, TSA does not need prior CHRC applications and
results to assess compliance with the existing CHRC requirements.
Therefore, TSA is clarifying the existing regulations to state that
operators must retain only the records relating to the current CHRC.
---------------------------------------------------------------------------
\6\ 66 FR 63474 (Dec. 6, 2001).
---------------------------------------------------------------------------
For Sec. Sec. 1542.209 and 1544.229, the technical amendments
remove the date of December 6, 2001, and the requirements concerning
employment investigations that applied before that date in the rule
text because that language is no longer necessary. Also, the technical
amendments now include the phrase ``in electronic or paper form as
authorized by TSA'' to clarify that either hard copy or electronic
forms are permissible. When the regulation was originally published,
the primary means of record maintenance was in paper/hard copy, which
has changed over time to electronic document storage. TSA is adding the
phrase ``associated with the individual's current ID media, CHRC
certification, or authorization to perform a covered function'' to
clarify that only the current CHRC records must be retained. TSA is
revising the title of ``Certification'' to ``Certifications'' to
grammatically conform with other references to certifications in the
rule text. Finally, TSA is removing the phrase ``all investigations''
to more accurately reflect that airport and aircraft operators are only
required to preserve certain records.
For Sec. 1544.230, the technical amendments add the phrase ``[t]he
airport operator must maintain the following information associated
with an individual's current authorization to be a flightcrew member,
in electronic or paper form, as authorized by TSA.'' This change
clarifies that either hard copy or electronic forms are permissible and
that only the current CHRC records must be retained for flightcrew
records checks. The technical amendments also delete extraneous phrases
from Sec. 1544.230 so that the recordkeeping language is similar to
Sec. Sec. 1542.209 and 1544.229.
II. Good Cause and Procedural Rule Exceptions From Notice and Comment
and Delayed Effective Date
TSA is issuing this final rule change as a technical amendment
without a notice of proposed rulemaking or delayed effective date. The
Administrative Procedure Act authorizes agencies to forgo the notice
and comment requirements if it ``for good cause finds . . . that notice
and public procedure thereon are impracticable, unnecessary, or
contrary to the public interest.'' 5 U.S.C. 553(b)(B); see also 5
U.S.C. 553(d)(3) (allowing agency to forgo a delayed effective date for
a substantive rule upon a finding of good cause).
TSA believes notice and comment concerning reducing the
recordkeeping requirements is unnecessary as it is a limited amendment
to reflect processes and security needs that have changed overtime. It
is unnecessary to seek notice and comment on the rule changes because
the new language imposes no new substantive burden and reflects current
security and compliance procedures. Further, it is unnecessary for the
rule to have a delayed effective date as the amendment merely reduces
recordkeeping requirements. Operators may continue to retain old
criminal applications and records but are not required to do so. For
these reasons, TSA believes that bypassing the ordinary notice and
comment procedure and the delayed effected date requirement is
justified in the totality of the circumstances.
In addition, 5 U.S.C. 553(b)(A) permits agencies to forgo notice
and comment when issuing ``rules of agency organization, procedure, or
practice,'' i.e., a procedural rule. ``A useful articulation of the
exemption's critical feature is that it covers agency actions that do
not themselves alter the rights or interests of parties, although it
may alter the manner in which the parties present themselves or their
viewpoints to the agency.'' \7\ The exemption ``preserve[s] agency
flexibility when dealing with limited situations where substantive
rights are not at stake.'' \8\ Here, TSA is removing a requirement to
retain the old CHRC records that were written when only one CHRC was
required. As a matter of agency procedure and practice, TSA does not
need to review old CHRC records and applications in order to assess an
operator's current compliance with the vetting regulations. In
addition, the delayed effective date requirements under 5 U.S.C. 553(d)
do not apply to procedural rules.
---------------------------------------------------------------------------
\7\ Batterton v. Marshall, 648 F.2d 694, 707 (D.C. Cir. 1980).
\8\ American Hospital Ass'n v. Bowen, 834 F.2d 1037, 1045 (D.C.
Cir. 1987).
---------------------------------------------------------------------------
TSA is issuing these final rule changes through technical
amendments and not as a notice of proposed rulemaking. The technical
amendments reflect current Agency procedures and impose no new
substantive requirements. However, it is important to note that even if
these revisions were not considered technical amendments, they fall
within other exceptions to notice and comment under the Administrative
Procedure Act.\9\
---------------------------------------------------------------------------
\9\ See 5 U.S.C. 551-559.
---------------------------------------------------------------------------
III. Regulatory Analyses
A. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et seq.)
requires that TSA 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. This rule does not
call for a new collection of information under the PRA. CHRC
[[Page 3718]]
recordkeeping requirements are currently covered under Information
Collection Request 1652-002 (Airport Security Program). CHRC
recordkeeping burden estimates within the Information Collection
Request already align with CHRC recordkeeping clarifications identified
in the technical amendment and thus do not require revision at this
time.
B. Executive Orders 12866 and 13563 Assessment
Executive Orders 12866 (Regulatory Planning and Review), as amended
by Executive Order 14094 (Modernizing Regulatory Review), and 13563
(Improving Regulation and Regulatory Review) direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
The OMB has not designated this rule a significant regulatory
action under section 3(f) of Executive Order 12866, as amended by
Executive Order 14094. Accordingly, OMB has not reviewed this
regulatory action.
This technical amendment clarifies CHRC recordkeeping requirements
which may result in cost savings associated with no longer retaining
old CHRCs and storing such records electronically. This technical
amendment does not impose any new substantive burden and reflects
current security and compliance procedures.
C. Regulatory Flexibility Analysis
The Regulatory Flexibility Act of 1980 (RFA) \10\ requires that
agencies consider the impacts of their rules on small entities. For
purposes of the RFA, small entities include small businesses, not-for-
profit organizations, and small governmental jurisdictions. The RFA's
regulatory flexibility analysis requirements apply only to those rules
for which an agency is required to publish a general notice of proposed
rulemaking pursuant to 5 U.S.C. 553 or any other law. See 5 U.S.C.
604(a). As discussed previously, TSA did not issue a notice of proposed
rulemaking for this action as exempted by 5 U.S.C. 553(b). Therefore, a
regulatory flexibility analysis is not required for this rule.
---------------------------------------------------------------------------
\10\ Public Law 96-354 (94 Stat. 1164, Sept. 19, 1980), codified
at 5 U.S.C. 601 et seq., as amended by the Small Business Regulatory
Enforcement Fairness Act of 1996 (SBREFA).
---------------------------------------------------------------------------
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531-38, UMRA) requires each Federal agency to prepare a written
statement assessing the effects of any Federal mandate in a proposed
rule or final rule for which the agency published a proposed rule,
which includes any Federal mandate 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.
Regulations are only reviewable under UMRA when an agency has
published a notice of proposed rulemaking as defined by 5 U.S.C.
553(b).\11\ This rule is exempted from notice and comment under 5
U.S.C. 553(b). TSA did not publish a notice of proposed rulemaking;
thus, this rule is exempt from UMRA's requirements pertaining to the
preparation of a written statement.
---------------------------------------------------------------------------
\11\ See 2 U.S.C. 658(10); 5 U.S.C. 601(2).
---------------------------------------------------------------------------
E. Executive Order 13132
Under Executive Order 13132 (Federalism), agencies must consider
whether a rule has federalism implications. TSA has determined that
this rule does not have federalism implications because it does not
create a substantial direct effect on States, on the relationship
between the National Government and States, or the distribution of
power and responsibilities among the various levels of government.
F. 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. The Trade Agreement Act does not consider legitimate domestic
objectives, such as essential security, as unnecessary obstacles. The
statute also requires that international standards be considered, and
where appropriate, that they be the basis for U.S. standards. This
technical amendment will not have an adverse impact on international
trade.
G. Energy Impact Analysis
TSA assessed the energy impact of this action in accordance with
the Energy Policy and Conservation Act,\12\ and determined that this
technical amendment is not a major regulatory action under the
provisions of the Energy Policy and Conservation Act.
---------------------------------------------------------------------------
\12\ As codified at 42 U.S.C. 6362.
---------------------------------------------------------------------------
H. Environmental Analysis
TSA has reviewed this technical amendment for purposes of the
National Environmental Policy Act of 1969 \13\ and has determined that
this action will not have a significant effect on the human
environment. This action is covered by categorical exclusion numbers
A3(a) (for actions of a strictly administrative or procedural nature)
and (b) (that implement, without substantive change, statutory or
regulatory requirements) in DHS Management Directive 023-01 (formerly
Management Directive 5100.1), Environmental Planning Program, and
Instruction Manual 023-01-001-01, Rev. 1, which guides TSA compliance
with the National Environmental Policy Act.
---------------------------------------------------------------------------
\13\ As codified at 42 U.S.C. 4321-4347.
---------------------------------------------------------------------------
I. The Congressional Review Act
Before a rule can take effect, 5 U.S.C. 801, the Congressional
Review Act (CRA), requires agencies to submit the rule and a report
indicating whether it is a major rule to Congress and the Comptroller
General. Under 5 U.S.C. 804(3)(C), rules of agency organization,
procedure, or practice that do not substantially affect the rights or
obligations of non-agency parties are not considered to be a rule for
the purposes of the CRA. This technical amendment is a rule of agency
organization, procedure, or practice that will not substantially affect
the rights or obligations of non-agency parties, thus is not required
to be submitted for review under the CRA.
List of Subjects
49 CFR Part 1542
Airports, Aviation safety, Law enforcement officers, Reporting and
recordkeeping requirements, Security measures.
49 CFR Part 1544
Air carriers, Aircraft, Airmen, Airports, Aviation safety,
Explosives, Freight forwarders, Law enforcement officers, Reporting and
recordkeeping requirements, Security measures.
For the reasons stated in the preamble, the Transportation Security
Administration amends chapter XII, of title 49, Code of Federal
Regulations as follows:
PART 1542--AIRPORT SECURITY
0
1. The authority citation for part 1542 continues to read as follows:
[[Page 3719]]
Authority: 49 U.S.C. 114, 5103, 40113, 44901-44905, 44907,
44913-44914, 44916-44917, 44935-44936, 44942, 46105.
0
2. Revise Sec. 1542.209(k) to read as follows:
Sec. 1542.209 Fingerprint-based criminal history records checks
(CHRC).
* * * * *
(k) Recordkeeping. The airport operator must maintain the following
information associated with an individual's current identification (ID)
media in electronic or paper form, as authorized by TSA:
(1) Fingerprint application. Except when the airport operator has
received a certification under paragraph (n) of this section, the
airport operator must physically maintain, control, and, as
appropriate, destroy the fingerprint application and the criminal
record. Only direct airport operator employees may carry out the
responsibility for maintaining, controlling, and destroying criminal
records.
(2) Certifications. The airport operator must maintain the
certifications provided under paragraph (n) of this section.
(3) Protection of records. The records required by this section
must be maintained in a manner that is acceptable to TSA and in a
manner that protects the confidentiality of the individual.
(4) Duration. The records identified in this section with regard to
an individual must be maintained until 180 days after the termination
of the individual's unescorted access authority. When files are no
longer maintained, the criminal record must be destroyed.
* * * * *
PART 1544--AIRCRAFT OPERATOR SECURITY: AIR CARRIERS AND COMMERCIAL
OPERATORS
0
3. 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
4. Revise Sec. 1544.229(k) to read as follows:
Sec. 1544.229 Fingerprint-based criminal history records checks
(CHRC): Unescorted access authority, authority to perform screening
functions, and authority to perform check baggage or cargo functions.
* * * * *
(k) Recordkeeping. The aircraft operator must maintain the
following information associated with an individual's current
identification (ID) media, CHRC certification, or authorization to
perform a covered function in electronic or paper form, as authorized
by TSA:
(1) Fingerprint application. The aircraft operator must physically
maintain, control, and, as appropriate, destroy the fingerprint
application and the criminal record. Only direct aircraft operator
employees may carry out the responsibility for maintaining,
controlling, and destroying criminal records.
(2) Protection of records. The records required by this section
must be maintained in a manner that is acceptable to TSA and in a
manner that protects the confidentiality of the individual.
(3) Duration. The records identified in this section with regard to
an individual must be maintained until 180 days after the termination
of the individual's authority to perform a covered function. When files
are no longer maintained, the criminal record must be destroyed.
* * * * *
0
5. Revise Sec. 1544.230(h) to read as follows:
Sec. 1544.230 Fingerprint-based criminal history records checks
(CHRC): Flightcrew members.
* * * * *
(h) Recordkeeping. The aircraft operator must maintain the
following information associated with a current authorization to be a
flightcrew member, in electronic or paper form, as authorized by TSA:
(1) Fingerprint application process. The aircraft operator must
physically maintain, control, and, as appropriate, destroy the
fingerprint application and the criminal record. Only direct aircraft
operator employees may carry out the responsibility for maintaining,
controlling, and destroying criminal records.
(2) Protection of records. The records required by this section
must be maintained by the aircraft operator in a manner that is
acceptable to TSA and in a manner that protects the confidentiality of
the individual.
(3) Duration. The records identified in this section with regard to
an individual must be made available upon request by TSA and maintained
until 180 days after the termination of the individual's privileges to
perform flightcrew member duties with the aircraft operator. When files
are no longer maintained, the criminal record must be destroyed.
* * * * *
Dated: January 10, 2025.
David P. Pekoske,
Administrator.
[FR Doc. 2025-00773 Filed 1-14-25; 8:45 am]
BILLING CODE 9110-05-P