61516 Federal Register / Vol. 69, No. 201 / Tuesday, October 19, 2004 / Notices 

(Catalog of Federal Domestic Assistance No. 

97.036, Public Assistance Grants)

Michael D. Brown, 

Under Secretary, Emergency Preparedness 

and Response, Department of Homeland 

Security.

[FR Doc. 04–23318 Filed 10–18–04; 8:45 am] 

BILLING CODE 9110–10–P

DEPARTMENT OF HOMELAND 

SECURITY 

National Communications System 

National Security Telecommunications 

Advisory Committee

AGENCY: National Communications 

System (NCS).

ACTION: Notice of open meeting.

SUMMARY: A meeting of the President’s 

National Security Telecommunications 

Advisory Committee (NSTAC) will be 

held via conference call on Thursday, 

October 21, 2004, from 3 p.m. to 4 p.m. 

The NSTAC is subject to the Federal 

Advisory Committee Act (FACA), Pub. 

L. 92–463, as amended (5 U.S.C. App. 

II). The conference call will be opened 

to the public. The purpose of the 

meeting is to receive a briefing on: 

• Homeland Security Presidential 

Directive 7 (HSPD7). While the call is 

opened to the public, the public and 

other non-NSTAC members will be 

placed on listen only (muted) lines. For 

access to the conference bridge and 

meeting materials, please register with 

Ms. Daniela Christopherson at (703) 

607–6217 or by e-mail at 

Christod@ncs.gov by 5 p.m., 

Wednesday, October 20, 2004.

FOR FURTHER INFORMATION CONTACT: Call 

Ms. Kiesha Gebreyes, Chief, Industry 

Operations Branch at (703) 607–6134, or 

write the Manager, National 

Communications System, P.O. Box 

4502, Arlington, Virginia 22204–4502.

Peter M. Fonash, 

Federal Register Certifying Officer, National 

Communications System.

[FR Doc. 04–23424 Filed 10–15–04; 10:42 

am] 

BILLING CODE 4410–10–M

DEPARTMENT OF HOMELAND 

SECURITY 

Transportation Security Administration 

RIN 1652–ZA01

Security Requirements for Aircraft 

Operators Certificated Pursuant to 14 

CFR Part 125

AGENCY: Transportation Security 

Administration (TSA), DHS.

ACTION: Notice.

SUMMARY: TSA is providing notice that, 

pursuant to its authority under 49 Code 

of Federal Regulation (CFR) part 1550, 

we are requiring aircraft operators using 

aircraft with a maximum certificated 

takeoff weight (MTOW) over 12,500 

pounds, that are certificated by the 

Federal Aviation Administration (FAA) 

under 14 CFR part 125 and that are not 

currently operating under a TSA 

security program, to meet the 

requirements of 49 CFR 1544.101(e) or 

(f) as specified in this notice. TSA has 

issued this requirement to respond to 

vulnerabilities in aviation security.

DATES: Effective November 18, 2004.

FOR FURTHER INFORMATION CONTACT:

David Bernier, TSA–7, Director of Air 

Carrier Inspections, Aviation Regulation 

and Inspection Division, Office of 

Aviation Operations, Transportation 

Security Administration HQ, 11th Floor, 

East Building, 601 South 12th Street, 

Arlington, VA 22202–4220; telephone 

(571) 227–2200; facsimile (703) 603–

0414; e-mail 

aircarrierinspection@tsa.dot.gov.

SUPPLEMENTARY INFORMATION: All 

aircraft operators that are not otherwise 

regulated under title 49 CFR and that 

are certificated by the FAA under 14 

CFR part 125 must comply with the 

security requirements contained in 

§ 1544.101 (e) or (f) of title 49 as 

explained below. TSA is issuing this 

notice pursuant to 49 CFR 1550.7 in 

response to vulnerabilities in civil 

aviation security. 

The U.S. Intelligence Community 

continues to receive and evaluate a high 

volume of reporting indicating possible 

threats against U.S. interests. This 

reporting, combined with recent 

terrorist attacks, has created an 

atmosphere of concern. While the 

ability to conduct multiple, near 

simultaneous attacks against several 

targets is not new for such terrorist 

groups as al-Qa’ida, aircraft that are not 

required to comply with TSA’s security 

regulations provide an attractive target 

for terrorist organizations attempting to 

evade aviation security measures 

currently in place. The Department of 

Homeland Security remains concerned 

about al-Qa’ida’s continued interest in 

aviation to carry out attacks on 

transportation and supporting 

infrastructure. In recognition of the 

current threat environment, TSA has 

made a determination that these 

circumstances require immediate action 

to ensure safety in air transportation. 

Under 49 CFR 1550.7, each aircraft 

operation that is certificated by the FAA 

under part 125 and does not currently 

comply with a security program under 

49 CFR part 1544 in an aircraft with a 

MTOW of more than 12,500 pounds, 

must conduct a search of the aircraft 

before departure and screen passengers, 

crew members and other persons, and 

all accessible property before boarding 

in accordance with security standards 

and procedures approved by TSA. TSA 

will require that for all-cargo operations 

conducted in an aircraft with a MTOW 

of more than 12,500 pounds and 

passenger operations conducted in an 

aircraft with a MTOW of more than 

12,500 pounds and up to and including 

45,500 kg (100,309.3 pounds), which are 

not currently operating under a TSA 

security program, such procedures and 

requirements as contained in 49 CFR 

1544.101(e) and related security 

directives must be implemented. The 

requirements include, without 

limitation, a security program that 

provides for the security of persons and 

property traveling on flights, 

designation of an Aircraft Operator 

Security Coordinator, verification of the 

identity of flight crew members, security 

training, and procedures to respond to 

certain threats. 

TSA will require that for all passenger 

operations with a MTOW greater than 

45,500 kg (100,309.3 pounds) or with a 

passenger seating configuration of 61 or 

more, the security procedures must 

include the requirements listed in 49 

CFR 1544.101(f) and related security 

directives. In addition to the 

requirements listed above, these 

operations must also screen individuals 

and their accessible property and 

provide for the use of metal detection 

devices and x-ray systems. 

The size of the aircraft operating 

under part 125 certification, the number 

of passengers traveling on such aircraft, 

and the amount of cargo transported 

pose a significant threat to aviation 

security and require the application of 

security measures to these operations. 

Of particular concern to aviation 

security are part 125 operators that are 

functioning as private travel clubs. Such 

clubs, which are advertised on the 

Internet, solicit members who, after 

payment of initiation and membership 

fees, are able to purchase tour packages. 

Federal Register / Vol. 69, No. 201 / Tuesday, October 19, 2004 / Notices 61517

1Conference Report (H.R. Report 106–988) for the 

Fiscal Year (FY) 2001 HUD Appropriations Act 

(Pub. L. 106–377).

These clubs transport members and 

their baggage all over the world without 

the security measures required by TSA. 

Given this period of heightened security 

concern, it is critical that such 

operations are in compliance with 

TSA’s security procedures and 

requirements. 

TSA will assist any aircraft operator 

affected by this notice. The specific 

security programs and related security 

directives may be obtained by 

contacting David Bernier at the 

Transportation Security Administration: 

e-mail aircarrierinspection@tsa.dot.gov,

telephone (571) 227–2200, or facsimile 

(703) 603–0414. Affected aircraft 

operators should notify TSA of any 

questions or issues regarding the 

implementation of these requirements 

as soon as practicable.

Issued in Arlington, Virginia, on October 

12, 2004. 

David M. Stone, 

Assistant Secretary.

[FR Doc. 04–23390 Filed 10–18–04; 8:45 am] 

BILLING CODE 4910–62–P

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR 4848–N–03] 

Homeless Management Information 

Systems (HMIS) Data and Technical 

Standards Final Notice; Clarification 

and Additional Guidance on Special 

Provisions for Domestic Violence 

Provider Shelters

AGENCY: Office of the Assistant 

Secretary for Community Planning and 

Development, HUD.

ACTION: Notice.

SUMMARY: This notice clarifies and 

provides further guidance on the special 

provisions for domestic violence 

provider shelters participating in 

Homeless Management Information 

Systems (HMIS). This clarification and 

additional guidance follows issuance of 

the HMIS Data and Technical Standards 

Final Notice published on July 30, 2004, 

and the HMIS Data and Technical 

Standards Draft Notice, published on 

July 22, 2003.

DATES: Effective Date: August 30, 2004.

FOR FURTHER INFORMATION CONTACT:

Michael Roanhouse, Office of Special 

Needs Assistance Programs, Office of 

the Assistant Secretary for Community 

Planning and Development, Room 7262, 

Department of Housing and Urban 

Development, 451 Seventh Street, SW., 

Washington, DC 20410–7000; telephone 

(202) 708–1226, ext. 4482 (this is not a 

toll-free number). Hearing- or speechimpaired individuals may access this 

number by calling the toll-free Federal 

Information Relay Service at 1–800–

877–8339.

SUPPLEMENTARY INFORMATION: 

I. Introduction 

This notice provides clarification and 

further guidance on the special 

provisions for domestic violence 

provider shelters (section 1.5.6.) in the 

Homeless Management Information 

Systems (HMIS) Data and Technical 

Standards Final Notice (Final Notice), 

published on July 30, 2004 (69 FR 

45888). This notice provides 

clarification and additional guidance on 

the timing of participation and data 

collection, submission, and aggregation 

requirements for HUD McKinney-Vento 

funded domestic violence shelters. 

II. Background 

HUD supported the development of 

local HMISs in response to 

Congressional direction 1 on the need 

for improved data on and the analysis 

of the extent of homelessness and the 

effectiveness of the McKinney-Vento 

Act programs including: (1) Production 

of an unduplicated count of clients 

served at the local level; (2) analysis of 

patterns of use of people entering and 

exiting the homeless assistance system; 

and (3) evaluation of the effectiveness of 

the homeless assistance system. Broadbased participation of all homeless 

service providers at the local level in 

HMIS and the collection of longitudinal 

data are critical to meeting this 

directive.

Domestic violence programs play a 

critical role in many Continuums of 

Care (CoC) and constitute a large 

proportion of shelter beds and homeless 

service slots. Their absence from 

participation in an HMIS would prevent 

these communities from obtaining an 

unduplicated count of homeless persons 

in their community or understanding 

adequately the needs of the homeless 

population, including victims of 

domestic violence. In deciding whether 

domestic violence programs should be 

expected to participate in HMIS, HUD 

reviewed carefully the comments on the 

HMIS Data and Technical Standards 

Draft Notice, published on July 22, 2003 

(68 FR 43430), and consulted with a 

wide range of stakeholders. 

These stakeholders included local 

homeless assistance providers, domestic 

violence providers, national HMIS 

experts, national advocacy 

organizations, leading researchers and 

other federal agencies. Comments on the 

draft notice and subsequent stakeholder 

discussions led HUD to conclude that it 

was critical for domestic violence 

programs to participate in HMIS so as to 

fully understand homelessness at the 

local and national levels. It was also 

determined that safety concerns for 

domestic violence programs could be 

addressed effectively if: 

• A distinction is made between (1) 

data that domestic violence providers 

collect from homeless persons and (2) 

data that domestic violence providers 

submit to a central server in order to 

produce an unduplicated count of 

homeless persons at the CoC level; 

• Domestic violence programs are 

given ample time to implement 

technological, administrative, and other 

safeguards to participate in their 

community’s HMIS; 

• Adequate local privacy and security 

standards are developed to protect 

client information; and 

• HUD offers extensive technical 

assistance support to communities and 

domestic violence programs.

To address the specific concerns 

regarding participation, HUD is 

providing the following clarification 

and additional guidance on the timing 

of participation and data collection, 

submission, and aggregation 

requirements for HUD McKinney-Vento 

funded domestic violence shelters. 

III. The Timing of Domestic Violence 

Shelter Provider Participation in HMIS 

HUD recognizes that communities 

and domestic violence programs need 

time to develop and implement methods 

to effectively address domestic violence 

provider participation in HMIS and, 

therefore, permits CoCs to stage the 

entry of domestic violence programs 

last, including after the October 2004, 

goal for HMIS implementation. The later 

staging of domestic violence providers 

will not affect HUD’s assessment of CoC 

progress in HMIS implementation in the 

national CoC competitive ranking 

process. 

HUD did not state a deadline for 

domestic violence provider 

participation in the HMIS and 

recommended the staging of their 

addition to the HMIS implementation 

last to allow for adequate time for 

planning, discussion, investigation, and 

development of local participation 

policies. HUD acknowledges the privacy 

and security concerns of domestic 

violence providers and has given 

discretion to each CoC to work with 

their domestic violence providers to 

identify methods of participation that 

will maximize the safety of persons 

served by those providers. The Final