Notice2021-21190
Temporary Exemption of Certain Aircraft Operator Security Standards
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 29, 2021
Effective
September 29, 2021
Issuing agencies
Homeland Security DepartmentTransportation Security Administration
Abstract
In this Notice, TSA issues an exemption from the requirements to regulated domestic aircraft operators that comply with the measures described in the exemption. TSA determines it is in the public interest to minimize or eliminate duplicate criminal history records checks (CHRC) for individuals who work for multiple employers at an airport. All other provisions continue to apply to regulated aircraft operators, their employees, and their authorized representatives.
Full Text
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<title>Federal Register, Volume 86 Issue 186 (Wednesday, September 29, 2021)</title>
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[Federal Register Volume 86, Number 186 (Wednesday, September 29, 2021)]
[Notices]
[Pages 53980-53982]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21190]
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DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
Temporary Exemption of Certain Aircraft Operator Security
Standards
AGENCY: Transportation Security Administration, DHS.
ACTION: Notice.
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SUMMARY: In this Notice, TSA issues an exemption from the requirements
to regulated domestic aircraft operators that comply with the measures
described in the exemption. TSA determines it is in the public interest
to minimize or eliminate duplicate criminal history records checks
(CHRC) for individuals who work for multiple employers at an airport.
All other provisions continue to apply to regulated aircraft operators,
their employees, and their authorized representatives.
DATES: This exemption becomes effective on September 29, 2021, and
remains in effect until modified or rescinded by TSA through a notice
published in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Eric Byczynski, Airport Security
Programs, Aviation Division, Policy, Plans, and Engagement;
<a href="/cdn-cgi/l/email-protection#f095829993de9289938a899e839b99b0848391de949883de979f86"><span class="__cf_email__" data-cfemail="1376617a703d716a70696a7d60787a536760723d777b603d747c65">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
Aviation Security
TSA administers a comprehensive regulatory program governing
aviation security, including standards for domestic airports, domestic
aircraft operators, and foreign air carriers. The security requirements
for domestic aircraft operators are codified at 49 CFR
[[Page 53981]]
part 1544 and include minimum standards for (1) the protection of the
aircraft and related facilities; (2) acceptance and screening of cargo;
(3) use of law enforcement personnel and the transport of Federal Air
Marshals; (4) flight deck privileges; (5) training of individuals
engaged in security functions; (6) carriage of accessible weapons; (7)
access to cargo and cargo screening; (8) security threat assessments
(STAs) and CHRCs; (9) airport-approved identification systems; and (10)
the known shipper program. Also, in accordance with part 1544, aircraft
operators must develop and follow TSA-approved security programs,\1\
and comply with Security Directives issued by TSA.
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\1\ See 49 CFR part 1544, subpart B.
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The nature of aviation operations at commercial airports requires
aircraft operators to share space and workers with other airlines. For
instance, an aircraft may traverse several airports in a day, and the
aircraft operator needs individuals at each airport to assist with
typical operations, including aircraft movement, loading, and
unloading; screening and accepting cargo or checked baggage for
transport; or supervisory tasks related to these functions. The
majority of these individuals work in the airport Security
Identification Display Area (SIDA), but some may also work in the
airport Sterile Area.\2\ It is not economical or efficient for an
aircraft operator to hire direct employees to work at all airports
where it has flights, or for individuals to work only for that aircraft
operator. The aircraft operator may have very few flights at an
airport, and consequently employees would not have a full day's work if
limited to working only for that aircraft operator. Some of the
individuals who work in the SIDA for an aircraft operator may be full-
time employees, but the vast majority are ``authorized
representatives'' of multiple aircraft operators. An ``authorized
representative'' is a person who is not a direct employee of the
aircraft operator, but is authorized to carry out operational and
regulatory functions, such as loading or unloading aircraft; or
screening or accepting cargo and checked baggage on behalf of the
aircraft operator. Authorized representatives are treated similarly to
employees if a regulatory violation occurs: although the authorized
representative performs the function, the aircraft operator remains
responsible for completion of those functions. Thus, an individual who
works in an airport SIDA often is an authorized representative for
numerous commercial aircraft operators, and generally the aircraft
operators are responsible for regulatory violations committed by the
individual.
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\2\ See 49 CFR 1540.5 for definitions of SIDA and Sterile Area.
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Vetting Requirements
In accordance with the governing statute,\3\ TSA's regulations
require most individuals who work in aviation operations for an
aircraft or airport operator to undergo a fingerprint-based CHRC. If
the individual has a conviction for certain crimes within the preceding
10 years, the airport or aircraft operator must not give the individual
unescorted access to the SIDA, and the aircraft operator must not
permit the individual to perform certain covered functions, such as
loading and unloading aircraft; screening or accepting cargo or checked
baggage for transport on aircraft; or supervising these functions.
These regulations also set out requirements for fingerprint application
processing, fingerprinting fees, determining arrest status, correcting
inaccurate criminal records, dissemination of criminal records,
recordkeeping, continuing responsibilities of the individual, and
aircraft operator duties.\4\
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\3\ See 49 U.S.C. 44936.
\4\ See 49 CFR 1544.229(c)-(m).
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Workers who need unescorted access to SIDAs at airports, where
aircraft are typically loaded and unloaded, must successfully complete
a CHRC.\5\ Individuals who work on behalf of aircraft operators to
accept checked baggage and screen cargo are required to undergo a
CHRC,\6\ and aircraft operator flight crew members are required to
complete a CHRC.\7\ Some individuals who work in airport SIDAs for an
aircraft operator or as an authorized representative of an aircraft
operator are subject to duplicative requirements: 49 CFR 1542.209
requires the airport operator to conduct a CHRC of all individuals
seeking unescorted access to the SIDA, and 49 CFR 1544.229 requires
aircraft operators to conduct CHRCs of employees and authorized
representatives who perform certain covered functions that may occur in
airport SIDAs. The regulations permit an aircraft operator to conduct a
CHRC of a covered employee or authorized representative and provide the
airport operator a letter certifying that the individual successfully
completed the CHRC.\8\ This process reduces the number of duplicate
CHRCs the airport operator, aircraft operator, and individual must
complete. However, airport operators are not required to accept these
CHRC certifications from aircraft operators, and many airport operators
favor conducting their own CHRCs even when the aircraft operator has
conducted one.
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\5\ See 49 CFR 1542.209.
\6\ See 49 CFR 1544.229.
\7\ See 49 CFR 1544.230.
\8\ See 49 CFRa 1542.209(n).
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Recent improvements by the Federal Bureau of Investigation (FBI)
provide recurrent criminal history checks so that once an individual's
fingerprints are submitted to the FBI, the transmitter receives any
additional criminal history associated with those fingerprints that
occurs after the initial report from the FBI. This program, known as
Rap Back,\9\ greatly improves the accuracy and effectiveness of
criminal vetting and security. TSA invited airport operators and
aircraft operators to volunteer to participate in the Rap Back program
in 2018. Most airport operators and many aircraft operators volunteered
to participate in Rap Back for their employees and authorized
representatives who are required to undergo a CHRC. The airport
operator or aircraft operator must `subscribe' the individual's
fingerprints in Rap Back when first submitting the fingerprints to the
FBI. Once the fingerprints are subscribed, the airport- or aircraft
operator will automatically receive information concerning new criminal
activity associated with those fingerprints and the individual. The
airport- or aircraft operator must continuously review these Rap Back
notifications to determine whether the individual has committed a new
disqualifying offense. If a disqualifying event occurs, the airport- or
aircraft operator must revoke the individual's unescorted access to the
SIDA and/or authorization to perform covered functions, such as the
acceptance or screening of cargo or checked baggage. Through security
program amendments, TSA is now requiring airport operators and aircraft
operators to subscribe all individuals who undergo CHRCs into Rap Back.
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\9\ The full name of the program is the Record of Arrest and
Prosecution Background.
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As discussed above, workers who are granted unescorted access to
SIDAs by the airport operator and are also employed by or act as an
authorized representative for several aircraft operators when
conducting certain functions, are subject to multiple CHRCs and Rap
Back subscriptions. TSA seeks to ensure that all individuals required
to undergo a CHRC actually complete that CHRC and are subscribed to Rap
Back. However, requiring all entities--the airport that issues the SIDA
badge and the aircraft operators that employ or
[[Page 53982]]
have an authorized representative relationship with the individual--to
perform CHRCs is costly and unnecessary. Therefore, TSA is issuing this
exemption to the CHRC and related requirements in 49 CFR 1544.229,
provided aircraft operators comply with the requirements of the
exemption that will ensure accountability for full CHRC and Rap Back
coverage.
Authority and Determination
TSA may grant an exemption from a regulation if TSA determines that
the exemption is in the public interest.\10\ TSA finds this exemption
to be in the public interest because it minimizes or eliminates
redundant CHRCs and Rap Back subscriptions for certain workers at
regulated airports, who work for multiple employers. TSA has determined
that there is no risk to transportation security associated with this
exemption because it provides an option to eliminate only duplicative,
redundant security requirements.
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\10\ 49 U.S.C. 114(q).
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Exemption
1. Eligibility. The exemption applies only where the following
criteria exist:
<bullet> The individual works at an airport with a SIDA, as
prescribed in 49 CFR 1542.103(a) or Sec. 1542.103(b) with SIDA;
<bullet> The individual's duties include accepting checked baggage
for transport, as prescribed in 49 CFR 1544.229(a)(3)(ii); screening or
supervising the screening of cargo as prescribed in 49 CFR
1544.229(a)(3)(i); screening cargo as prescribed in 49 CFR
1544.229(a)(1)(iii)(C); and/or supervising the screening of cargo as
prescribed 49 CFR 1544.229(a)(1)(iii)(B);
<bullet> The individual must have unescorted access to a SIDA or
Sterile Area and possess an airport operator-issued SIDA and/or Sterile
Area ID media, as prescribed in 49 CFR 1542.209 or SD 1542-04-08
series;
<bullet> The individual is not the subject of a CHRC certification
as set forth in 49 CFR 1544.229(a)(1)(i); and
<bullet> The individual does not possess a CREW/RAMP/EXCLUSIVE
aircraft operator-issued SIDA ID media as set forth in 49 CFR
1544.229(a)(1)(ii).
2. Exemption. For the duration of this exemption, an aircraft
operator is not required to conduct a CHRC, Rap Back subscription, or
comply with the related requirements in 49 CFR 1544.229(c)-(m) for the
individuals who meet the eligibility criteria.
3. Duration. This exemption takes effect on September 29, 2021 and
remains in effect until modified or rescinded by TSA through a notice
published in the Federal Register.
Dated: September 23, 2021.
David Pekoske,
Administrator.
[FR Doc. 2021-21190 Filed 9-28-21; 8:45 am]
BILLING CODE 9110-05-P
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