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DHS/TSA RIN: 1652-AA70 Publication ID: Fall 2022 
Title: Amending Vetting Requirements for Employees With Access to a Security Identification Display Area (SIDA) 

As required by the FESSA, TSA will propose a rule to revise its regulations, reflecting current knowledge of insider threat and intelligence, to enhance the eligibility requirements and disqualifying criminal offenses for individuals seeking or having unescorted access to any SIDA of an airport. Consistent with the statutory mandate, TSA will consider adding to the list of disqualifying criminal offenses and criteria, develop an appeal and waiver process for the issuance of credentials for unescorted access, and propose an extension of the lookback period for disqualifying crimes. As part of TSA’s reevaluation of the eligibility and redress standards for aviation workers required by the Act, TSA is also reevaluating the current vetting process to minimize any security risks that may exist.

Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
CFR Citation: 49 CFR 1542.209    49 CFR 1544.229   
Legal Authority: Pub. L. 114-190, sec. 3405   
Legal Deadline:
Action Source Description Date
Final  Statutory  Rule for individuals with unescorted access to any Security Identification Display Area (SIDA) due 180 days after date of enactment.  01/11/2017 

Overall Description of Deadline: Section 3405 of title III of the FAA Extension, Safety, and Security Act of 2016 (FESSA) Extension, Pub. L. 114-190 (130 Stat. 615, July 15, 2016), requires the Transportation Security Administration (TSA) to revise the regulations issued under 49 U.S.C. 44936 within 180 days after the date of enactment.

Statement of Need:

Employee vetting is an important and effective tool for averting or mitigating potential attacks by those with malicious intent who wish to target aviation and plan or perpetrate actions that may cause significant injuries, loss of life, or economic disruption.  Enhancing eligibility standards for airport workers will improve transportation and national security.

Anticipated Costs and Benefits:

TSA anticipates costs associated with implementing and administering revised aspects of aviation vetting including potential changes to the list of disqualifying criminal offenses, the lookback period for convictions, and new waiver eligibility.  Anticipated benefits include reducing security risks through enhanced vetting of aviation workers while also providing greater flexibility and access through waivers as well as increased efficiencies of the vetting process.

Action Date FR Cite
NPRM  11/00/2023 
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: Undetermined 
Small Entities Affected: Businesses  Federalism: Undetermined 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: Yes 
Related RINs: Related to 1652-AA11 
Agency Contact:
Kevin Knott
Branch Manager, Airports Policy Branch-Aviation Division
Department of Homeland Security
Transportation Security Administration
Policy, Plans, and Engagement, 6595 Springfield Center Drive,
Springfield, VA 20598-6028
Phone:571 227-4370

James Ruger
Chief Economist, Economic Analysis Branch-Coordination & Analysis Division
Department of Homeland Security
Transportation Security Administration
Policy, Plans, and Engagement, 6595 Springfield Center Drive,
Springfield, VA 20598-6028
Phone:571 227-5519

Christine Beyer
Senior Counsel, Regulations and Security Standards
Department of Homeland Security
Transportation Security Administration
TSA-2, Chief Counsel, Chief Counsel's Office, 6595 Springfield Center Drive,
Springfield, VA 20598-6002
Phone:571 227-3653