[Federal Register Volume 69, Number 201 (Tuesday, October 19, 2004)]
[Notices]
[Pages 61516-61517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23390]


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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.

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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 
<a href="/cdn-cgi/l/email-protection#abcac2d9c8cad9d9c2ced9c2c5d8dbcec8dfc2c4c5ebdfd8ca85cfc4df85ccc4dd"><span class="__cf_email__" data-cfemail="88e9e1faebe9fafae1edfae1e6fbf8edebfce1e7e6c8fcfbe9a6ece7fca6efe7fe">[email protected]</span></a>.

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 Sec.  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.

[[Page 61517]]

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 <a href="/cdn-cgi/l/email-protection#5a3b3328393b2828333f283334292a3f392e3335341a2e293b743e352e743d352c"><span class="__cf_email__" data-cfemail="afcec6ddccceddddc6caddc6c1dcdfcaccdbc6c0c1efdbdcce81cbc0db81c8c0d9">[email protected]</span></a>, 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


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