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DHS/TSA RIN: 1652-AA67 Publication ID: Spring 2016 
Title: Passenger Screening Using Advanced Imaging Technology 
Abstract:

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.

 
Agency: Department of Homeland Security(DHS)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: Yes  Unfunded Mandates: No 
CFR Citation: 49 CFR 1540.107   
Legal Authority: 49 U.S.C. 44925   
Legal Deadline:  None
Timetable:
Action Date FR Cite
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 
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: None 
Small Entities Affected: Governmental Jurisdictions  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: Yes 
Agency Contact:
Chawanna Carrington
Project Manager, Passenger Screening Program
Department of Homeland Security
Transportation Security Administration
Office of Security Capabilities, 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, 601 South 12th Street,
Arlington, VA 20598-6028
Phone:571 227-3329
Email: monica.grasso@tsa.dhs.gov

Susan Prosnitz
Deputy 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:571 227-1335
Fax:571 227-1381
Email: susan.prosnitz@tsa.dhs.gov