26706 Federal Register / Vol. 63, No. 92 /Wednesday, May 13, 1998 / Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 108

[Docket No. 28852; Notice No. 97–3]

RIN 2120–AG31

Certification of Screening Companies

AGENCY: Federal Aviation

Administration (FAA). DOT.

ACTION: Advanced notice of proposed

rulemaking (ANPRM); withdrawal.

SUMMARY: In early 1997, the FAA sought

public comment on issues relating to

FAA certification of screening

companies and other enhancements to

air carrier screening of passengers,

property, and baggage. The FAA issued

the advance notice in response to a

recommendation made by the White

House Commission on Aviation Safety

and Security, and to a requirement in

the Federal Aviation Reauthorization

Act of 1996. The Reauthorization Act

requires the FAA to certify companies

providing security screening and to

develop uniform performance standards

for providing security screening

services. The FAA is currently

developing, field testing, and evaluating

an automated screener testing system

which will provide uniform data

regarding screener performance. The

FAA plans to propose to require

performance standards as an integral

part of the certification of screening

companies rule, develop and

incorporate the specific standards in a

security program, and measure

subsequent company performance based

on the data that this system provides.

Therefore, the FAA is withdrawing the

ANPRM to allow this automated system

to be adequately field tested and

evaluated before proceeding with

rulemaking.

DATES: This withdrawal is effective May

13, 1998.

FOR FURTHER INFORMATION CONTACT: Ms.

Kris Mason, Office of Civil Aviation

Security Policy and Planning, ACP–100,

Federal Aviation Administration, 800

Independence Avenue, S.W.,

Washington, DC 20591, telephone (202)

267–8184.

SUPPLEMENTARY INFORMATION:

Background

Following the tragic cash of TWA 800

on July 17, 1996, the President created

the White House Commission on

Aviation Safety and Security (the

Commission). The Commission issued

an initial report on September 9, 1996,

with 20 specific recommendations for

improving security, one of which was

the development of uniform

performance standards for the selection,

training, certification, and

recertification of screening companies

and their employees.

On October 9, 1996, the President

signed the Federal Aviation

Reauthorization Act of 1996, Pub. L.

104–264 (the Act). Section 302 provides:

The Administrator of the Federal Aviation

Administration is directed to certify

companies providing security screening and

to improve the training and testing of

security screeners through development of

uniform performance standards for providing

security screening services.

Discussion of Comments

In response to the Congressional

mandate and to the Commission report,

the FAA published an ANPRM on

March 17, 1997, (62 FR 12724)

requesting comments on certification of

companies providing security screening.

The FAA received 20 comments from

the public on the ANPRM, which are

briefly summarized below.

While commenters disagreed on

several issues, including the level of

oversight responsibility air carriers

should have over certificated screening

companies, commenters generally

agreed that national standards for

security screening operations are

needed. Approximately one-third of the

commenters stated that certification of

individual screeners would have a

greater impact on improving safety than

certification of screening companies.

Most of these commenters also stated

that the certification of individual

screeners would improve screener

professionalism and performance.

Approximately half of the

commenters agreed that air carriers

conducting screening operations should

be subject to the same standards as

certificated screening companies. A

majority of commenters stated that the

same screening operation requirements

that apply to U.S. carriers should apply

to foreign carriers providing services in

this country. Several commenters

disagreed with any proposal by the FAA

to regulate joint-use checkpoints and

checkpoint operational configurations.

Reason for Withdrawal

While certificating companies

providing security screening can result

in many important changes to the way

that carriers and screening companies

conduct screening in the U.S., a critical

step in this process is having a reliable

and consistent way to measure the

screeners’ performance. By measuring

performance, the FAA can hold

certificated screening companies and

carriers accountable for safe, effective

screening operations. Both the FAA and

many commenters to the ANPRM

recognize the importance of establishing

national performance, training, and

testing standards.

The FAA is currently developing,

field testing, and evaluating an

automated screener testing system call

Threat Image Projection (TIP) which is

expected to yield uniform data

regarding screener performance. When

TIP is installed on existing x-ray

machines, it tests screeners’ detection

capabilities by projecting both random

images of threats into live bags being

screened, and randomly projecting

images of bags containing threats onto xray screens. Screeners are then

responsible for positively identifying

the threat image. Once prompted, TIP

indicates to the screener whether the

threat is real and then records the

screener’s performance in a database

that the FAA can access to analyze

performance trends.

TIP is currently being field tested, and

its reliability and functional use must be

validated prior to general use. The FAA

is closely monitoring TIP’s capabilities

in an operational environment and is

making necessary adjustments. The

FAA is also beginning to gather and

analyze data which it can use to develop

screener performance standards and

measure subsequent screening company

performance. The FAA estimates that

this validation period will require

another 6–8 months to complete.

Because the FAA sees this technology as

such an integral part in developing both

a program to certificate screening

companies, and uniform performance

standards, it is delaying rulemaking

action until the validation is complete.

Decision

In consideration of the above, Notice

No. 97–3, published on March 17, 1997,

is hereby withdrawn.

Issued in Washington, DC on May 8, 1998.

Anthony Fainberg,

Director, Office of Civil Aviation Security

Policy and Planning.

[FR Doc. 98–12749 Filed 5–11–98; 8:45 am]

BILLING CODE 4910–13–M