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DHS/TSA | RIN: 1652-AA53 | Publication ID: Fall 2008 |
Title: Large Aircraft Security Program, Other Aircraft Operator Security Programs, and Airport Operator Security Program | |
Abstract: The Transportation Security Administration (TSA) proposes to amend current aviation transportation security regulations to enhance the security of general aviation by expanding the scope of current requirements, and by adding new requirements for certain large aircraft operators and airports serving those aircraft. TSA is proposing that all aircraft operations, including corporate and private charter operations, with aircraft having a maximum certificated takeoff weight (MTOW) above 12,500 pounds (large aircraft) be required to adopt a large aircraft security program. TSA also proposes to require certain airports that serve large aircraft to adopt security programs. | |
Agency: Department of Homeland Security(DHS) | Priority: Economically Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: Yes | Unfunded Mandates: Private Sector |
CFR Citation: 49 CFR 1515 49 CFR 1520 49 CFR 1522 49 CFR 1540 49 CFR 1542 49 CFR 1544 49 CFR 1550 | |
Legal Authority: 6 USC 469 18 USC 842 18 USC 845 46 USC 70102 to 70106 46 USC 70117 49 USC 114 49 USC 5103 49 USC 5103a 49 USC 40113 49 USC 44901 to 44907 49 USC 44913 to 44914 49 USC 44916 to 44918 49 USC 44932 49 USC 44935 to 44936 49 USC 44942 49 USC 46105 |
Legal Deadline:
None |
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Statement of Need: This NPRM would enhance current security measures, and would apply security measures currently in place for operators of certain types of aircraft, to operators of other aircraft. While the focus of TSAs existing aviation security programs has been on air carriers and commercial operators, TSA is aware that general aviation aircraft with a maximum certificated takeoff weight (MTOW) of over 12,500 pounds (large aircraft) may be vulnerable to terrorist activity. These aircraft are of sufficient size and weight to inflict significant damage and loss of lives if they are hijacked and used as missiles. TSA has current regulations that apply to large aircraft operated by air carriers and commercial operators, including the twelve five program, the partial program, and the private charter program. However, the current regulations do not cover all general aviation operations, such as those operated by corporations and individuals, and such operations do not have the features that are necessary to enhance security. |
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Anticipated Costs and Benefits: The proposed rule would yield benefits in the areas of security and quality governance. The security and governance benefits are four-fold. First, the rule would enhance security by expanding the mandatory use of security measures to certain operators of large aircraft that are not currently required to have a security plan. These measures would deter malicious individuals from perpetrating acts that might compromise transportation or national security by using large aircraft for these purposes. Second, it would harmonize, as appropriate, security measures used by a single operator in its various operations and between different operators. Third, the new periodic audits of security programs would augment TSAs efforts to ensure that large aircraft operators are in compliance with their security programs. Finally, it would consolidate the regulatory framework for large aircraft operators that currently operate under a variety of security programs, thus simplifying the regulations and allowing for better governance. TSA estimated the total 10-year cost of the program would be $1.3 billion, discounted at 7 percent. Aircraft operators, airport operators, and the Transportation Security Administration would incur costs to comply with the requirements of the proposed Large Aircraft Security Program rule. Aircraft operator costs comprise 85 percent of all estimated expenses. TSA estimated approximately 9,000 general aviation aircraft operators use aircraft with a maximum takeoff weight exceeding 12,500 pounds, and would be newly subjected to the proposed rule. |
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Timetable:
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Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: Local |
Federalism: No | |
Included in the Regulatory Plan: Yes | |
RIN Information URL: www.regulations.gov | Public Comment URL: www.regulations.gov |
RIN Data Printed in the FR: No | |
Related RINs: Related to 1652-AA03, Related to 1652-AA04 | |
Agency Contact: Michal C. Morgan General Manager, General Aviation Security Department of Homeland Security Transportation Security Administration Office of Transportation Sector Network Management, TSA-28, HQ, E10-353N, 601 South 12th Street, Arlington, VA 20598-6028 Phone:571 227-2634 Fax:571 227-2819 Email: michal.morgan@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 |