Federal Register: February 20, 2002 (Volume 67, Number 34)
DOCID: FR Doc 02-4149
DEPARTMENT OF TRANSPORTATION
NOTICE: Part IV
DOCUMENT ACTION: Notice.
Assumption of Civil Aviation Security Functions and Responsibilities Under Chapter 449, Title 49, U.S.C.
The Transportation Security Administration (TSA) announces its
assumption of civil aviation security functions and responsibilities,
as provided by the Aviation and Transportation Security Act. Effective February 17, 2002, civil aviation security functions and
responsibilities currently performed by the Federal Aviation Administration are transferred to the TSA. As required by the Aviation and Transportation Security Act, TSA will federalize all airport security screeners, under a schedule described in this notice.
Transportation Department, Transportation Security Administration,
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In light of the September 11, 2001, terrorist attacks in the United States and the potential for future attacks in this country, Congress enacted the Aviation and Transportation Security Act (ATSA), Public Law 10771, 115 Stat. 597 (November 19, 2001), which establishes the Transportation Security Administration (TSA) as an operating administration within the Department of Transportation (DOT), headed by the Under Secretary of Transportation for Security (Under Secretary). The Under Secretary took office on January 7, 2002.
Pursuant to ATSA, the TSA is responsible for security in all modes of transportation, including civil aviation under Chapter 449 of title 49, United States Code, related research and development activities, and other transportation security functions exercised by DOT. The TSA is specifically responsible for the daytoday security screening operations for passenger air transportation and intrastate air transportation under 49 U.S.C. 44901 and 44935. This responsibility includes hiring, training, testing, and deploying or arranging for Federal security screeners, Federal security personnel, Federal law enforcement officers, and Federal Security Managers at U.S. airports. The TSA must also research, develop and deploy security equipment and programs at U.S. airports, coordinate transportation security intelligence information, coordinate transportation security efforts with Federal and State agencies, and deal with threats to
Section 101(g) of ATSA, which added section 114 to chapter 1 of
title 49, United States Code, requires the Under Secretary to assume
civil aviation security functions and responsibilities under chapter
449 of title 49, United States Code, by February 17, 2002, in
accordance with a schedule developed by the Secretary, upon consulting
with air carriers, foreign air carriers, and the Administrator of the
Federal Aviation Administration (FAA). The ATSA also requires the Under
Secretary to publish notice of the transfer of such security functions
and responsibilities before assuming them from the FAA. This notice
announces that the required consultations have taken place and that the
transfer of civil aviation security functions is effective February 17,
2002. The following table contains a summary of major completed and
planned activities. Additional information is provided in the text following the table.
Statutory reference within Activity Date accomplished or expected ATSA Establish qualification standards for security 12/19/01 Sec. 111(a) screeners to be hired by TSA.
Require screening of all checked baggage........ 01/18/02 Sec. 110(b) Develop a training plan for security screeners.. 01/18/02 Sec. 111(a) Issue notice for collection of passenger fees 01/18/02 Sec. 118(a) for aviation security services. (66 FR 67698) Assume civil aviation security functions and 02/17/02 Sec. 101(g)(1) responsibilities.
Implement Aviation Security Program for Charter 02/17/02 Sec. 132(a) Aircraft of 12,500 pounds or larger.
Report to Congress on measures adopted and 05/18/02 Sec. 109(b) measures rejected under Section 109(a) of.
Submit to Congress a plan to screen all checked 05/18/02 Sec. 110(d)(1) bags at U.S. airports with automated equipment,
including installation and operational dates
Recommend to airport operators commercially 05/18/02 Sec. 136 available means to prevent unauthorized access.
Establish pilot program for screening by private 11/19/02 Sec. 108(a) entities.
Deploy Federal screeners and related personnel 11/19/02 Sec. 110(c) at U.S. airports to conduct passenger and
Report to Congress on screening requirements for 11/19/02 Sec. 110(d)(2) passengers and property being carried aboard
scheduled aircraft with 60 seats or fewer, with
recommendations for any necessary changes in
Ensure sufficient EDS to screen all checked 12/31/01 Sec. 110(b) baggage at U.S. airports.
The agency's assumption of civil aviation security functions includes the following elements:
providing ground security coordinators to assist TSA in overseeing the work performed by private security screening companies at U.S. airports.
In consultation with airport and law enforcement authorities, TSA
will deploy security personnel at airport secure areas, and shall
consider the physical security needs of air traffic control facilities,
parked aircraft, servicing equipment, fuel and supplies, adjacent
automobile parking and other ground or water transportation mode access areas.
TSA will replace contract security screeners with its own Federally
hired, trained, and tested employees on a graduated basis until TSA has
deployed sufficient Federal security screeners, as well as Federal
Security Managers and Federal law enforcement officers, to screen all
passengers and property at required U.S. airports by November 19, 2002.
TSA will provide for alcohol and controlled substance testing, as well
as background and criminal history checks, for contract security screeners and TSA employees.
To offset the costs of providing civil aviation security services TSA has imposed a uniform fee, the September 11th Security Fee, on certain passenger enplanements, beginning February 1, 2002. ATSA authorizes a corresponding fee on air carriers and foreign air carriers based on their calendar year 2000 costs for screening passengers and property.
Authority: Pub. L. 10771, 115 Stat. 597 (2001); and 49 CFR 1.4.
Issued: February 15, 2002.
Under Secretary of Transportation for Security.
[FR Doc. 024149 Filed 21502; 2:25 pm] BILLING CODE 491062P
FOR FURTHER INFORMATION CONTACT
Robert Klothe or Steven Cohen, Office of the General Counsel, Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590, (202) 3669307 (voice), (202) 366 9318 (fax).