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DHS/TSA RIN: 1652-AA03 Publication ID: Fall 2008 
Title: Security Programs for Aircraft Weighing 12,500 Pounds or More 
Abstract: On February 22, 2002, the Transportation Security Administration (TSA) published the interim final rule, known as the "Twelve-Five Rule," which requires operators of aircraft with a maximum certificated takeoff weight of 12,500 pounds or more to implement a TSA-approved security program, known as the "Twelve-Five Security Program." The rule also requires that certain aircraft operators conduct criminal history records checks on their flight crew members, and restrict access to the flight deck. These measures were necessary to comply with congressional mandates and to enhance security in air transportation. Security programs constitute sensitive security information (SSI), which is disclosed only to persons with a need to know, in accordance with 49 CFR part 1520. Therefore, the proposed Twelve-Five Security Program was distributed, for comment only, to the operators subject to the rule. TSA responded to the comments received, but because the comments and responses contained SSI, they were not made public. TSA amended the program, where appropriate, to accommodate the comments received on the security program. TSA provided the final security program to affected entities, and completed a training program for the operators to use to ensure that they operate in accordance with the final security program. In addition, TSA developed a fingerprint collection process that enables all affected operators to complete the fingerprint-based criminal history records checks of their flight crew members, as required by the Twelve-Five Rule. Affected operators were required to be in compliance with the rule by April 1, 2003. 
Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: Undetermined  Unfunded Mandates: No 
CFR Citation: 49 CFR 1540    49 CFR 1544   
Legal Authority: 49 USC 114    49 USC 5103    49 USC 40119    49 USC 44901 to 44907    49 USC 44913 and 44914    49 USC 44916 to 44918    49 USC 44935 and 44936    49 USC 44942    49 USC 46105   
Legal Deadline:
Action Source Description Date
Final  Statutory  section 132(a) of ATSA requires TSA implement an aviation security program for certain air carriers within 90 days of enactment of ATSA.  02/19/2002 

Overall Description of Deadline: Section 132(a) of the Aviation and Transportation Security Act (ATSA) (Pub. L. 107–71; Nov. 19, 2001), requires that within 90 days of ATSA’s enactment, TSA implement an aviation security program for charter air carriers (as defined in section 40102(a)(13) of title 49, United States Code) with a maximum certificated takeoff weight of 12,500 pounds or more.

Timetable:
Action Date FR Cite
Final Rule; Request for Comments  02/22/2002  67 FR 8205   
Final Rule Comment Period End  04/23/2002    
Final Rule Effective  06/24/2002    
Notice--Extend Compliance Date to 12/01/2002  08/28/2002  67 FR 55308   
Notice--Extend Compliance Date; Comment Period End  09/30/2002    
Notice--Extend Compliance Date to 02/01/2003  11/08/2002  67 FR 68227   
Notice--Extend Compliance Date to 04/01/2003  02/05/2003  68 FR 5974   
Notice--Information Collection; 60-Day Renewal  11/26/2003  68 FR 66473   
Notice--Information Collection; 30-Day Renewal  02/11/2004  69 FR 6683   
Notice--Information Collection; 60-Day Renewal  11/02/2006  71 FR 64547   
Notice--Information Collection; 30-Day Renewal  04/11/2007  72 FR 18269   
Next Action Undetermined  To Be Determined    
Additional Information: Transferred from RIN 2110-AA04
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Related RINs: Related to 1652-AA04 
Agency Contact:
Lon M. Siro
Branch Chief, Office of Charters, Air Cargo & General Aviation
Department of Homeland Security
Transportation Security Administration
TSA-7-500, Air Carrier Operations Division, Office of Transportation Sector Network Management, TSA-28, HQ, E4, 601 South 12th Street,
Arlington, VA 20598-6028
Phone:571 227-2217
Email: lon.siro@dhs.gov

Dominick S. Caridi
Director, Regulatory and Economic Analysis
Department of Homeland Security
Transportation Security Administration
Office of Security Policy and Industry Engagement, TSA-28, HQ, E10-419N, 601 South 12th Street,
Arlington, VA 20598-6028
Phone:571 227-2952
Fax:703 603-0404
Email: dominick.caridi@tsa.dhs.gov

Mai Dinh
Assistant Chief Counsel, Regulations and Security Standards Division
Department of Homeland Security
Transportation Security Administration
Office of the Chief Counsel, TSA-2, HQ, E12-309N, 601 South 12th Street,
Arlington, VA 20598-6002
Phone:571 227-2725
Fax:571 227-1378
Email: mai.dinh@dhs.gov