[Federal Register: October 4, 2001 (Volume 66, Number 193)]
[Rules and Regulations]
[Page 50531-50534]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04oc01-2]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 91
[Docket No. FAA-2001-10738; SFAR 91]
RIN 2120-AH49
Aircraft Security Under General Operating and Flight Rules
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action requires certain aircraft operators to search
aircraft and screen passengers, crewmembers, and other persons, and
their accessible property prior to departure. This action is being
taken to counter possible threats in the wake of the September 11, 2001
terrorist attacks.
DATES: This action is effective October 1, 2001, and shall remain in
effect until further notice. The compliance date for persons conducting
operations specified in paragraph 1(a) of SFAR 91 is October 6, 2001.
FOR FURTHER INFORMATION CONTACT: Questions on this rulemaking: Lon M.
Siro, Aviation Security Specialist, ACP-100, Office of Civil Aviation
Security Policy and Planning, Federal Aviation Administration, 800
Independence Avenue, SW., Washington, DC 20591; telephone (202) 267-
8058.
Questions on security procedures or waivers: Any FAA Regional Civil
Aviation Security Division office. You can find a list of all Regional
Civil Aviation Security Division offices and contract information at
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://cas.faa.gov/usa.html. These offices are identified by the
appropriate FAA regional designation followed by
``-700.''
SUPPLEMENTARY INFORMATION:
Availability of This Action
You can get an electronic copy using the Internet by taking the
following steps:
(1) Go to search function of the Department of Transportation's
electronic Docket Management System (DMS) Web page (http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://dms.dot.gov/search).
(2) On the search page type in the last four digits of the Docket
number shown at the beginning of this notice. Click on ``search.''
(3) On the next page, which contains the Docket summary information
for the Docket you selected, click on the final rule.
You can also get an electronic copy using the Internet through
FAA's web page at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.faa.gov/avr/armhome.htm or the Federal
Register's web page at http://www.access.gpo.gov/su_docs/aces/
aces140html.
You can also get a copy by submitting a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling (202) 267-9680. Make
sure to identify the amendment number or docket number of this final
rule.
Small Entity Inquiries
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
[[Page 50532]]
1996 requires the FAA to comply with small entity requests for
information advice about compliance with statutes and regulations
within the FAA's jurisdiction. Therefore, any small entity that has a
question regarding this document may contact its local FAA official.
Internet users can find additional information on SBREFA on the FAA's
web page at http:http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.faa.gov/avr/arm/sbrefa.htm and send electronic
inquiries to the following Internet address: 9-AWA-SBREFA@faa.gov.
Background
In the wake of the September 11, 2001, terrorist attacks against
four U.S. commercial aircraft resulting in the tragic loss of human
life at the World Trade Center, the Pentagon, and southwest
Pennsylvania, the potential for additional terrorist attacks exists.
Those responsible for the attacks are believed to be affiliated with an
organization possessing a near-global terrorist network. The leaders of
the groups constituting this organization have publicly stated they
will attack the United States for incarcerating extremist members and
are vehemently opposed to U.S. foreign policy and presence in the
Middle East. They retain a capability and willingness to conduct
airline bombings, hijackings, and suicide attacks against U.S. targets.
These tragedies resulting from the attacks also indicate that the
terrorists are willing to use aircraft as weapons to inflict
significant damage to persons and property in the United States.
While the FAA has issued emergency security procedures under title
14, Code of Federal Regulations (14 CFR) parts 108 and 129 to counter
the threat posed by deadly and dangerous items brought into an
aircraft, these actions do not address the threat to certain operations
that are currently not subject to mandated security procedures.
Accordingly, the FAA is requiring operators to implement security
procedures: (1) By October 6, 2001 for all aircraft operations in which
passengers, crewmembers, or other persons are enplaned from or deplaned
into a sterile area regardless of aircraft weight (except for scheduled
passenger operations and public charter passenger operations); and (2)
when notified, for all aircraft operations conducted under part 91 in
aircraft with a maximum certificated takeoff weight exceeding 12,500
pounds. The requirement to implement security procedures for operations
conducted in aircraft with a maximum certificated takeoff weight
exceeding 12,500 pounds applies regardless of whether passengers,
crewmembers, or other persons are enplaned from, or deplaned into, a
sterile area.
Persons conducting operations described in 1(a) of this SFAR must
implement security procedures by October 6, 2001. These operators use
sterile areas that also are used by scheduled passenger and public
charter passenger operations subject to security measures under 14 CFR
parts 108 and 129. It is critical that stringent security be maintained
in sterile areas to ensure the safety of the traveling public, and that
uniform security measures be applied to all persons in this area. We
note that when an operator affected by this rule enplanes passengers,
crewmembers, or other persons from, or deplanes those persons into, an
existing sterile area, there are screening checkpoints in place and
personnel trained to conduct aircraft searches that may be under the
control of other operators. These resources may be used by an operator
affected by this rule. Accordingly, this SFAR permits operators to
contract for such services to meet the requirements of this rule. We
also note that the requirements of paragraph 1(a) of this SFAR do not
apply to aircraft operations conducted in a security identification
display area (SIDA) as defined in Sec. 107.25.
Further, effective on November 14, 2001, private charter operators
enplaning passengers from, and deplaning passengers into, sterile areas
will be subject to security requirements set forth in a revision to
part 108. See ``Aircraft Operator Security: Final Rule'' (66 FR 37330;
July 17, 2001). This SFAR has the effect of advancing the date on which
private charter operators must apply security procedures required under
revised part 108 to conduct operations into or out of sterile areas.
The FAA intends to provide private charter operators conducting these
operations portions of the security program that will apply to them
under revised part 108. The FAA will also provide portions of the
security program to operators of private or corporate aircraft that
enplane persons from, or deplane persons into, sterile areas. Affected
operators may obtain those portions of the security program that
contain the approved procedures by contacting an office specified in
FOR FURTHER INFORMATION CONTACT.
The security program is sensitive security information under part
191 and those portions provided to private charter operators or other
persons to meet the requirements of paragraph 1(a) of this SFAR must be
protected from unauthorized disclosure. Sensitive security information
in the possession of other than those with a need to know may be
detrimental to the safety of the traveling public. Accordingly,
paragraph 2(b) of this SFAR provides that the operator must restrict
the distribution, disclosure, and availability of information contained
in the security procedures approved to comply with paragraph 1(a) of
this SFAR to persons with a need to know as described in part 191.
Paragraph 1(b) of this SFAR establishes a process that can be used
by the Administrator to rapidly address various types of threats.
Security procedures approved to meet paragraph 1(b) of this SFAR will
be tailored to meet various threats and could apply to any or all of
the operations subject to the rule. Persons conducting operations
described in 1(b) of this SFAR are not required to implement security
procedures to meet this rule unless notified by the Administrator. The
FAA will notify operators by NOTAM when they must apply these security
procedures and will make the procedures available to affected
operators. We expect threat conditions may change rapidly, and
therefore may require the implementation of different security
procedures at certain times for for certain operations. The
Administrator will require operators to implement these procedures only
when it is determined that threat conditions warrant.
All security procedures used to meet the requirements of this SFAR
must be approved by the Administrator. Similar to the procedures
specified in paragraph 2(a) of this SFAR, the procedures specified in
paragraph 2(b) may require that affected aircraft be searched. They may
also require that passengers, crewmembers, and other persons and their
accessible property (carry-on items) be screened prior to boarding.
Screening may include inspection for explosives, incendiaries, and
deadly or dangerous weapons, and other measures verifying the
identities of passengers, crewmembers, and other persons.
Paragraph 4 of this SFAR specifies that the FAA may issue a waiver
if it finds that the operation can be conducted safely under the terms
of the waiver. We note, for instance, that many of the aircraft
operations subject to this SFAR are conducted by corporations that may
have strong corporate security practices. The FAA may consider whether
these or other practices warrant the grant of a waiver.
Justification for Immediate Adoption
Because the circumstances described herein warrant immediate
action, the Administrator finds that notice and
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public comment under 5 U.S.C. 553(b) are impracticable and contrary to
the public interest. Further, the Administrator finds that good cause
exists under 5 U.S.C. 553(d) for making this rule effective immediately
upon date of filing for public inspection at the Office of the Federal
Register. This action is necessary to prevent a possible imminent
hazard to aircraft and persons and property within the United States.
International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA
determined that there are no ICAO Standards and Recommended Practices
that correspond to this SFAR.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), the FAA has determined that there are no new requirements for
information collection associated with this SFAR.
Regulatory Analyses
This rulemaking action is taken under an emergency situation within
the meaning of section 6(a)(3)(D) of Executive Order 12866, Regulatory
Planning and Review. It also is considered an emergency regulation
under Paragraph 11g of the Department of Transportation (DOT)
Regulatory Policies and Procedures. In addition, it is a significant
rule within the meaning of the Executive Order and DOT's policies and
procedures. No regulatory analysis or evaluation accompanies this rule.
The FAA is not able to assess whether this rule will have a significant
economic impact on a substantial number of small entities as defined in
the Regulatory Flexibility Act of 1980, as amended. The FAA recognizes
that this rule may impose significant costs on some operators,
including delaying their operations until they are able to carry out
the security procedures. The current security threat requires, however,
that operators take all necessary measures to ensure the safety and
security of their operations.
Executive Order 13132, Federalism
The FAA has analyzed this SFAR under the principles and criteria of
Executive Order 13132, Federalism. We determined that this action will
not have a substantial direct effect on the States, or the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
Therefore, we have determined that this final rule does not have
federalism implications.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (the Act), enacted as Pub.
L. 104-4 on March 22, 1995 is intended, among other things, to curb the
practice of imposing unfunded Federal mandates on State, local, and
tribal governments. Title II of the Act requires each Federal agency to
prepare a written statement assessing the effects of any Federal
mandate in a proposed or final agency rule 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; such a mandate is deemed to be a ``significant
regulatory action.''
This SFAR does not contain such a mandate. Therefore, the
requirements of Title II of the Unfunded Mandates Reform Act of 1995 do
not apply.
Environmental Analysis
FAA Order 1050.1D defines FAA actions that may be categorically
excluded from preparation of a National Environmental Policy Act (NEPA)
environmental impact statement. In accordance with FAA Order 1050.1D,
appendix 4, paragraph 4(j) this rulemaking action qualifies for a
categorical exclusion.
Energy Impact
The energy impact of this SFAR has been assessed in accordance with
the Energy Policy and Conservation Act (EPCA) Pub. L. 94-163, as
amended (42 U.S.C. 6362) and FAA Order 1053.1. It has been determined
that this SFAR is not a major regulatory action under the provisions of
the EPCA.
List of Subjects in 14 CFR Part 91
Air traffic control, Aircraft, Airmen, Airports, Aviation safety.
The Amendment
For the reasons stated in the preamble, the Federal Aviation
Administration amends 14 CFR part 91 as follows:
PART 91--GENERAL OPERATING AND FLIGHT RULES
1. The authority citation for part 91 continues to read as follows:
Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 40101,
44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722,
46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531,
articles 12 and 29 of the Convention on International Civil Aviation
(61 stat. 1180).
2. Add Special Federal Aviation Regulation (SFAR) No. 91 to read as
follows:
SFAR NO. 91--AIRCRAFT SECURITY UNDER GENERAL OPERATING AND FLIGHT
RULES
1. Applicability. This SFAR applies to:
(a) All aircraft operations in which passengers, crewmembers, or
other persons are enplaned from or deplaned into a sterile area,
except for scheduled passenger operations and public charter
passenger operations. For purposes of this SFAR, ``sterile area,''
``scheduled passenger operations,'' and ``public charter'' are
defined in Sec. 108.3 of this chapter.
(b) Each aircraft operation conducted in an aircraft with a
maximum certificated takeoff weight of more than 12,500 pounds
except for those operations specified in paragraph 1(a) of this SFAR
and those operations conducted under a security program under part
108 or 129 of this chapter.
2. Procedures.
(a) Any person conducting an operation identified in paragraph 1
of this SFAR must conduct a search of the aircraft prior to
departure and screen passengers, crewmembers, and other persons and
their accessible property (carry-on items) prior to boarding in
accordance with security procedures approved by the Administrator.
(b) The security procedures approved by the Administrator for
operations specified in paragraph 1(a) of this SFAR are sensitive
security information. The operator must restrict the distribution,
disclosure, and availability of information contained in the
security procedures to persons with a need to know as described in
part 191 of this chapter.
3. Compliance Date. Persons conducting operations identified in
paragraph 1(a) of this SFAR must implement security procedures on
October 6, 2001. Persons identified in paragraph 1(b) of this SFAR
must implement security procedures when notified by the
Administrator. The FAA will notify operators identified in 1(b) of
this SFAR by NOTAM when they must implement security procedures.
4. Waivers. The Administrator may permit a person conducting an
operation identified in paragraph 1 of this SFAR to deviate from the
provisions of this SFAR if the Administrator finds that the
operation can be conducted safely under the terms of the waiver.
5. Delegation. The authority of the Administrator under this
SFAR is also exercised by the Associate Administrator for Civil
Aviation Security and the Deputy Associate Administrator for Civil
Aviation Security.
6. Expiration. This Special Federal Aviation Regulation shall
remain in effect until further notice.
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Issued in Washington, DC on October 1, 2001.
Jane F. Garvey,
Administrator.
[FR Doc. 01-24918 Filed 10-1-01; 3:09 pm]
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