[Federal Register: October 19, 2004 (Volume 69, Number 201)]
[Notices]
[Page 61516-61517]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19oc04-81]
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DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
RIN 1652-ZA01
Security Requirements for Aircraft Operators Certificated
Pursuant to 14 CFR Part 125
AGENCY: Transportation Security Administration (TSA), DHS.
ACTION: Notice.
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SUMMARY: TSA is providing notice that, pursuant to its authority under
49 Code of Federal Regulation (CFR) part 1550, we are requiring
aircraft operators using aircraft with a maximum certificated takeoff
weight (MTOW) over 12,500 pounds, that are certificated by the Federal
Aviation Administration (FAA) under 14 CFR part 125 and that are not
currently operating under a TSA security program, to meet the
requirements of 49 CFR 1544.101(e) or (f) as specified in this notice.
TSA has issued this requirement to respond to vulnerabilities in
aviation security.
DATES: Effective November 18, 2004.
FOR FURTHER INFORMATION CONTACT: David Bernier, TSA-7, Director of Air
Carrier Inspections, Aviation Regulation and Inspection Division,
Office of Aviation Operations, Transportation Security Administration
HQ, 11th Floor, East Building, 601 South 12th Street, Arlington, VA
22202-4220; telephone (571) 227-2200; facsimile (703) 603-0414; e-mail
aircarrierinspection@tsa.dot.gov.
SUPPLEMENTARY INFORMATION: All aircraft operators that are not
otherwise regulated under title 49 CFR and that are certificated by the
FAA under 14 CFR part 125 must comply with the security requirements
contained in Sec. 1544.101 (e) or (f) of title 49 as explained below.
TSA is issuing this notice pursuant to 49 CFR 1550.7 in response to
vulnerabilities in civil aviation security.
The U.S. Intelligence Community continues to receive and evaluate a
high volume of reporting indicating possible threats against U.S.
interests. This reporting, combined with recent terrorist attacks, has
created an atmosphere of concern. While the ability to conduct
multiple, near simultaneous attacks against several targets is not new
for such terrorist groups as al-Qa'ida, aircraft that are not required
to comply with TSA's security regulations provide an attractive target
for terrorist organizations attempting to evade aviation security
measures currently in place. The Department of Homeland Security
remains concerned about al-Qa'ida's continued interest in aviation to
carry out attacks on transportation and supporting infrastructure. In
recognition of the current threat environment, TSA has made a
determination that these circumstances require immediate action to
ensure safety in air transportation.
Under 49 CFR 1550.7, each aircraft operation that is certificated
by the FAA under part 125 and does not currently comply with a security
program under 49 CFR part 1544 in an aircraft with a MTOW of more than
12,500 pounds, must conduct a search of the aircraft before departure
and screen passengers, crew members and other persons, and all
accessible property before boarding in accordance with security
standards and procedures approved by TSA. TSA will require that for
all-cargo operations conducted in an aircraft with a MTOW of more than
12,500 pounds and passenger operations conducted in an aircraft with a
MTOW of more than 12,500 pounds and up to and including 45,500 kg
(100,309.3 pounds), which are not currently operating under a TSA
security program, such procedures and requirements as contained in 49
CFR 1544.101(e) and related security directives must be implemented.
The requirements include, without limitation, a security program that
provides for the security of persons and property traveling on flights,
designation of an Aircraft Operator Security Coordinator, verification
of the identity of flight crew members, security training, and
procedures to respond to certain threats.
TSA will require that for all passenger operations with a MTOW
greater than 45,500 kg (100,309.3 pounds) or with a passenger seating
configuration of 61 or more, the security procedures must include the
requirements listed in 49 CFR 1544.101(f) and related security
directives. In addition to the requirements listed above, these
operations must also screen individuals and their accessible property
and provide for the use of metal detection devices and x-ray systems.
The size of the aircraft operating under part 125 certification,
the number of passengers traveling on such aircraft, and the amount of
cargo transported pose a significant threat to aviation security and
require the application of security measures to these operations. Of
particular concern to aviation security are part 125 operators that are
functioning as private travel clubs. Such clubs, which are advertised
on the Internet, solicit members who, after payment of initiation and
membership fees, are able to purchase tour packages.
[[Page 61517]]
These clubs transport members and their baggage all over the world
without the security measures required by TSA. Given this period of
heightened security concern, it is critical that such operations are in
compliance with TSA's security procedures and requirements.
TSA will assist any aircraft operator affected by this notice. The
specific security programs and related security directives may be
obtained by contacting David Bernier at the Transportation Security
Administration: e-mail aircarrierinspection@tsa.dot.gov, telephone
(571) 227-2200, or facsimile (703) 603-0414. Affected aircraft
operators should notify TSA of any questions or issues regarding the
implementation of these requirements as soon as practicable.
Issued in Arlington, Virginia, on October 12, 2004.
David M. Stone,
Assistant Secretary.
[FR Doc. 04-23390 Filed 10-18-04; 8:45 am]
BILLING CODE 4910-62-P