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DHS/TSA RIN: 1652-AA67 Publication ID: Fall 2013 
Title: Passenger Screening Using Advanced Imaging Technology 
Abstract: The Transportation Security Administration (TSA) intends to issue a final rule to address whether 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 advanced imaging technology (AIT). The NPRM was published on March 26, 2012, to comply with the decision rendered by the U.S. Court of Appeals for the District of Columbia Circuit in Electronic Privacy Information Center (EPIC) v. U.S. Department of Homeland Security 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 AIT in the primary screening of passengers. 
Agency: Department of Homeland Security(DHS)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
CFR Citation: 49 CFR 1540.107 
Legal Authority: 49 USC 44925 
Legal Deadline:  None

Statement of Need: TSA is issuing a final rule 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).

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.

Alternatives: As alternatives to the preferred regulatory proposal presented in the NPRM, TSA examined three other options. These alternatives include a continuation of the screening environment prior to 2008 (no action), increased use of physical pat-down searches that supplements primary screening with walk through metal detectors (WTMDs), and increased use of explosive trace detection (ETD) screening that supplements primary screening with WTMDs. These alternatives, and the reasons why TSA rejected them in favor of the proposed rule, are discussed in detail in Chapter 3 of the AIT NPRM Regulatory Evaluation.

Anticipated Costs and Benefits: TSA reports that the net cost of AIT deployment from 2008?2011 has been $841.2 million (undiscounted) and that TSA has borne over 99 percent of all costs related to AIT deployment. TSA projects that from 2012?2015 net AIT related costs will be approximately $1.5 billion (undiscounted), $1.4 billion at a three percent discount rate, and $1.3 billion at a seven percent discount rate. During 2012?2015, TSA estimates it will also incur over 98 percent of AIT-related costs with equipment and personnel costs being the largest categories of expenditures. The operations described in this rule produce benefits by reducing security risks through the deployment of AIT that is capable of detecting both metallic and non-metallic weapons and explosives. Terrorists continue to test our security measures in an attempt to find and exploit vulnerabilities. The threat to aviation security has evolved to include the use of non-metallic explosives. AIT is a proven technology based on laboratory testing and field experience and is an essential component of TSA's security screening because it provides the best opportunity to detect metallic and nonmetallic anomalies concealed under clothing.

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.

Timetable:
Action Date FR Cite
NPRM  03/26/2013  78 FR 18287 
NPRM Comment Period End  06/24/2013   
Final Rule  09/00/2014   
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Chawanna Carrington
Project 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:571 227-2958
Fax:571 227-1931
Email: chawanna.carrington@tsa.dhs.gov

Monica Grasso Ph.D.
Manager, Economic Analysis Branch-Cross Modal Division
Department of Homeland Security
Transportation Security Administration
Office of Security Policy and Industry Engagement, TSA-28, HQ, E10, 601 South 12th Street,
Arlington, VA 20598-6028
Phone:571 227-3329
Email: monica.grasso@tsa.dhs.gov

Linda L. Kent
Assistant Chief Counsel, Regulations and Security Standards Division
Department of Homeland Security
Transportation Security Administration
Office of the Chief Counsel, TSA-2, HQ, E12, 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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