[Federal Register: August 28, 2002 (Volume 67, Number 167)]
[Notices]               
[Page 55309]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28au02-163]                         

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DEPARTMENT OF TRANSPORTATION

Transportation Security Administration

[Docket No. TSA-2002-12394]

 
Security Program for Certain Private Charter Operations

AGENCY: Transportation Security Administration (TSA), DOT.

ACTION: Notice.

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SUMMARY: This notice establishes dates for submission of comments on 
and implementation of a security program for operators of aircraft 
engaged in private charter passenger operations with a maximum 
certificated takeoff weight of 95,000 pounds or more.

DATES: Comments may be submitted to TSA from August 30 through 
September 30, 2002.
    Security program compliance date: December 1, 2002.

ADDRESSES: Address all comments concerning this action to Nouri Larbi, 
Aviation Security Regulations and Policy, Room 323, Transportation 
Security Administration, 800 Independence Avenue, SW., Washington, DC 
20591. Please be sure to submit two copies of your comments.

FOR FURTHER INFORMATION CONTACT: Nouri Larbi, telephone (202) 267-8543, 
facsimile (202) 267-5359, e-mail nouri.larbi@faa.gov.

SUPPLEMENTARY INFORMATION: On June 19, 2002, TSA published a no-notice 
final rule in the Federal Register (67 FR 41635) that, in part, 
requires new security measures for private charter passenger operators 
using aircraft with a maximum certificated takeoff weight of 95,000 
pounds or more. Under the rule, these operators must adopt and carry 
out a security program approved by TSA to address passenger and 
accessible property screening. As published, the effective date of the 
rule is August 19, 2002, and this document does not change that 
effective date. For the reasons explained below, it is now necessary to 
establish a comment period for the proposed program and a date on which 
affected operators must implement the approved security program.
    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 private charter 
security program will be distributed for comment only to the affected 
operators.
    Since publication of the rule in June, TSA has received comments 
and inquiries concerning passenger and accessible property screening on 
private charter operations. The commenters state that there are a 
variety of unique characteristics among passenger charter operations 
that make typical passenger and property screening in an airport 
terminal difficult or impracticable. For instance, some charters must 
depart at odd hours when airport terminals are closed. Some charters 
transport passengers with medical conditions that require equipment 
that would not be permitted aboard the cabin of a non-2 charter 
passenger aircraft. Many charters depart from remote locations where 
screening checkpoints do not exist.
    As a result of these comments, TSA will develop a final security 
program that accommodates the unique characteristics of charter 
operations and effectively addresses aviation security. Additional time 
is needed to adequately assess alternative programs and many charter 
operators will need time to establish appropriate internal screening 
procedures. The affected operators may comment on TSA's proposed 
security program from August 30 through September 30, 2002. TSA will 
review all comments received, revise the program as needed, and issue 
the final security program on or before October 30, 2002. The affected 
charter operators will have 30 days, until December 1, 2002, to 
implement the final security program.

    Issued in Washington, DC, on August 21, 2002.
J.M. Loy,
Acting Under Secretary of Transportation for Security.
[FR Doc. 02-21977 Filed 8-27-02; 8:45 am]
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