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DHS/TSA RIN: 1652-AA53 Publication ID: Fall 2009 
Title: Large Aircraft Security Program, Other Aircraft Operator Security Program, and Airport Operator Security Program 
Abstract: On October 30, 2008, the Transportation Security Administration (TSA) issued a Notice of Proposed Rulemaking, proposing 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 also proposed 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 proposed to require certain airports that serve large aircraft to adopt security programs. TSA is preparing a supplemental NPRM (SNPRM), which will include a comment period for public comments. After considering comments received on the NPRM and meeting with stakeholders, TSA decided to revise the original proposal to tailor security requirements to the general aviation industry. TSA is considering alternatives to the following proposed provisions in the SNPRM: (1) the weight threshold for aircraft subject to TSA regulation; (2) compliance oversight; (3) watch list matching of passengers; (4) prohibited items; (5) scope of the background check requirements and the procedures used to implement the requirement; and (6) other issues. 
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 USC114(f)(3)    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

Statement of Need: This rule 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 TSA’s existing aviation security programs has been on air carriers and commercial operators, TSA is aware that general aviation aircraft of sufficient size and weight may 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.

Alternatives: DHS considered continuing to use voluntary guidance to secure general aviation, but determined that to ensure that each aircraft operator maintains an appropriate level of security, these security measures would need to be mandatory requirements.

Anticipated Costs and Benefits: This proposed rule would yield benefits in the areas of security and quality governance. 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. In the NPRM, TSA estimated the total 10-year cost of the program would be $1.3 billion, discounted at 7 percent. Aircraft operators, airport operators, and TSA 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.

Risks: This rulemaking addresses the national security risk of general aviation aircraft being used as a weapon or as a means to transport persons or weapons that could pose a threat to the United States.

Timetable:
Action Date FR Cite
NPRM  10/30/2008  73 FR 64790   
NPRM Comment Period End  12/29/2008    
Notice--NPRM Comment Period Extended  11/25/2008  73 FR 71590   
NPRM Extended Comment Period End  02/27/2009    
Notice--Public Meetings; Requests for Comments  12/28/2008  73 FR 77045   
Supplemental NPRM  10/00/2010    
Additional Information: Public Meetings held on: Jan. 6, 2009 at White Plains, NY; Jan. 8, 2009, at Atlanta, GA; Jan 16, 2009, at Chicago, IL; Jan. 23, 2009, at Burbank, CA; and Jan. 28, 2009, at Houston, TX. Additional Comment Sessions held in Arlington, VA, on April 16, 2009, May 6, 2009, and June 15, 2009.
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:
Erik Jensen
Assistant General Manager, General Aviation Security
Department of Homeland Security
Transportation Security Administration
Office of Transportation Sector Network Management, TSA-28, HQ, E10-132S, 601 South 12th Street,
Arlington, VA 20598-6028
Phone:571 227-2154
Fax:571 227-1923
Email: erik.jensen@dhs.gov

Holly Merwin
Economist, Regulatory Development and Economic Analysis
Department of Homeland Security
Transportation Security Administration
Office of Transportation Sector Network Management, TSA-28, HQ, E10-343N, 601 South 12th Street,
Arlington, VA 20598-6028
Phone:571 227-4656
Fax:571 227-1362
Email: holly.merwin@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

Kiersten Ols
Attorney, Regulations and Security Standards Division
Department of Homeland Security
Transportation Security Administration
Office of the Chief Counsel, TSA-2, HQ, E12-316N, 601 South 12th Street,
Arlington, VA 20598-6002
Phone:571 227-2403
Fax:571 227-1378
Email: kiersten.ols@dhs.gov