1652-AA67 201604 Unified Agenda of Federal Regulatory and Deregulatory Actions 1652 Transportation Security Administration TSA 1600 Department of Homeland Security DHS Passenger Screening Using Advanced Imaging Technology

The Transportation Security Administration (TSA) issued 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 notice of proposed rulemaking (NPRM) was published on March 26, 2013, 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. The final rule makes clear that TSA no longer uses images of actual passengers and now uses a generic image through the use of ATR technology installed on all AIT machines. The rule emphasizes that AIT is the best available technology to detect both metallic and non-metallic objects and safeguards agency flexibility to respond to evolving threats.

]]> Economically Significant Previously Published in The Unified Agenda Completed Actions Yes No 49 CFR 1540.107 49 U.S.C. 44925 Yes NPRM 03/26/2013 78 FR 18287 NPRM Comment Period End 06/24/2013 Final Rule 03/03/2016 81 FR 11363 Final Rule Effective 05/02/2016 Yes Governmental Jurisdictions None No No www.regulations.gov www.regulations.gov Yes No Chawanna Carrington Project Manager, Passenger Screening Program 1652 Transportation Security Administration TSA 571 227-2958 571 227-1931 chawanna.carrington@tsa.dhs.gov Office of Security Capabilities, 601 South 12th Street, Arlington VA 20598-6016 Monica Grasso Ph.D. Manager, Economic Analysis Branch-Cross Modal Division 1652 Transportation Security Administration TSA 571 227-3329 monica.grasso@tsa.dhs.gov Office of Security Policy and Industry Engagement, 601 South 12th Street, Arlington VA 20598-6028 Susan Prosnitz Deputy Chief Counsel for Regulations and Security Standards 1652 Transportation Security Administration TSA 571 227-1335 571 227-1381 susan.prosnitz@tsa.dhs.gov Office of the Chief Counsel, 601 South 12th Street, Arlington VA 20598-6002