[Federal Register: November 8, 2002 (Volume 67, Number 217)]
[Notices]
[Page 68227]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08no02-153]
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DEPARTMENT OF TRANSPORTATION
Transportation Security Administration
[Docket No. TSA-2002-11604]
Security Programs For Aircraft 12,500 Pounds or More
AGENCY: Transportation Security Administration (TSA), DOT.
ACTION: Notice.
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SUMMARY: This notice extends the date on which operators must be in
compliance with the Twelve-Five Standard Security Program, from
December 1, 2002 to February 1, 2003.
DATES: Compliance date: February 1, 2003.
FOR FURTHER INFORMATION CONTACT: Emily Chodkowski, Transportation
Security Specialist, Office of Security Regulation and Policy,
telephone: (202) 385-1838, email: Emily.Chodkowski@tsa.dot.gov.
SUPPLEMENTARY INFORMATION: On February 22, 2002, TSA published a final
rule in the Federal Register (67 FR 8205), known as the ``Twelve-Five
Rule,'' that, in part, required new security measures for operators of
aircraft with a maximum certificated takeoff weight of 12,500 pounds or
more. See 49 CFR part 1544. Under the rule, these operators must adopt
and carry out certain security measures approved by TSA, generally
known as the ``Twelve-Five Security Program.'' As published, the
effective date of the Twelve-Five Rule was June 24, 2002. This document
does not alter that date. On August 28, 2002, TSA published a notice in
the Federal Register (67 FR 55308) announcing that it would issue the
Twelve-Five Security Program to affected entities for review and
comment. Security programs constitute sensitive security information
(SSI), which can be disclosed only to persons with a need to know, in
accordance with 49 CFR part 1520. Therefore, the Twelve-Five Security
Program could be distributed only to affected operators for comment.
TSA also stated in the Notice that all operators were required to
operate in accordance with the security program by December 1, 2002.
Many of the operators subject to the Twelve-Five Security Program
are small entities that were not subject to aviation security
regulations prior to issuance of this rule. Consequently, these
operators have not previously conducted fingerprint-based criminal
history record checks (CHRC) on their employees, trained staff, and
flight crew on security measures, or operated in accordance with a
security program. There are approximately 850 operators subject to this
new standard, and many are having a great deal of difficulty completing
the CHRC and training requirements, for a variety of reasons.
Many operators are located in remote areas where there are no
aviation organizations available that typically assist with the
fingerprinting process. Some operators have attempted to capture
fingerprints by using a local law enforcement agency or other security
establishment, and the fingerprints are not taken correctly, or the
appropriate chain of custody does not exist, and so these prints must
be disqualified. In addition, many of the operators do not have access
to the databases that contain CHRC information, and so completing the
search is not possible. Finally, many of the operators have just one or
two employees, and so special procedures must be put in place to
prevent an operator from reviewing his or her own CHRC information, or
the CHRC of an employee who may be a family member or friend. TSA is
working internally and with these operators to establish processes that
will facilitate completing the CHRC requirement to avoid all of these
problems. However, it is clear that a large number of affected
operators will not be able to meet the December 1, 2002, compliance
date on flight crew CHRCs.
The security program requires security training for individuals
involved in Twelve-Five operations. Due to the high number of
operators, their lack of prior exposure to security training programs,
and the decentralized nature of this sector of the industry, an
organized training regime has not been established. TSA is developing a
template curriculum that will provide operators with the appropriate
information to create a security training program.
For all of the foregoing reasons, TSA has determined that the
compliance date for the Twelve-Five Security Program must be extended
to February 1, 2003.
Issued in Washington, DC, on November 1, 2002.
Thomas Blank,
Associate Under Secretary for Security Regulation and Policy.
[FR Doc. 02-28644 Filed 11-6-02; 12:02 pm]
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