RIN Data
| DHS/TSA | RIN: 1652-AA67 | Publication ID: 2012 |
| Title: ●Passenger Screening Using Advanced Imaging Technology | |
| Abstract: This Notice of Proposed Rulemaking (NPRM) is being issued to comply with the decision rendered by the U.S. Court of Appeals for the District Columbia Circuit in Electronic Privacy Information Center (EPIC) v. U.S. Department of Homeland Security (DHS) on July 15, 2011, 653 F.3d 1 (D.C. Cir. 2011). The Court directed TSA to conduct notice and comment rulemaking on the use of advanced imaging technology (AIT) in the primary screening of passengers. As a result, the Transportation Security Administration (TSA) proposes to amend its civil aviation regulations to clarify that screening and inspection of an individual conducted to control access to the sterile area of an airport or to an aircraft may include the use of AIT. | |
| Agency: Department of Homeland Security(DHS) | Priority: Economically Significant |
| RIN Status: First time published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
| Major: Yes | Unfunded Mandates: No |
| CFR Citation: 49 CFR 1540.107 | |
| Legal Authority: 49 USC 44925 | |
Legal Deadline:
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Overall Description of Deadline: In the July 15, 2011, decision described below, the U.S. Court of Appeals for the District Columbia Circuit directed TSA promptly to proceed to conduct notice and comment rulemaking. |
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Statement of Need: TSA is proposing regulations to respond to the decision of the U.S. Court of Appeals for the District of Columbia Circuit in EPIC v. DHS 653 F.3d 1 (D.C. Cir. 2011). |
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Summary of the Legal Basis: In its decision in EPIC v. DHS 653 F.3d 1 (D.C. Cir. 2011), the Court of Appeals for the District of Columbia Circuit found that TSA failed to justify its failure to conduct notice and comment rulemaking and remanded to TSA for further proceedings. |
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Alternatives: In the NPRM, TSA requests comment on several alternatives to AIR screening. |
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Anticipated Costs and Benefits: TSA is currently evaluating the costs and benefits of this proposed rule. |
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Risks: DHS aims to prevent terrorist attacks and to reduce the vulnerability of the United States to terrorism. By screening passengers with AIT, TSA will reduce the risk that a terrorist will smuggle a non-metallic threat on board an aircraft. |
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Timetable:
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| Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: None |
| Federalism: No | |
| Included in the Regulatory Plan: Yes | |
| RIN Data Printed in the FR: No | |
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Agency Contact: Adam D. Freimanis Portfolio Branch Manager, Passenger Screening Program Department of Homeland Security Transportation Security Administration Office of Security Capabilities, TSA-16, HQ, 601 South 12th Street, Arlington, VA 20598-6016 Phone:571 227-2952 Fax:571 227-1931 Email: adam.freimanis@tsa.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 Linda L. Kent Assistant Chief Counsel for Regulations and Security Standards Department of Homeland Security Transportation Security Administration Office of the Chief Counsel, 601 South 12th Street, Arlington, VA 20598-6002 Phone:571 227-2675 Fax:571 227-1381 Email: linda.kent@tsa.dhs.gov |
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