Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 3713 

1 87 FR 52224 (Aug. 24, 2022). 

2 INGAA v. PHMSA, No. 23–1173, 114 F.4th 744, 

756 (D.C. Cir. Aug. 16, 2024). 

3Preferential metal loss on direct current, lowfrequency electric resistance welded pipe, and 

electric flash welded pipe remain immediate repair 

conditions when an anomaly on pipe with these 

seam types meet the conditions under 

§§ 192.714(d)(1)(iv) and 192.933(d)(1)(iv). INGAA v. 

PHMSA, 114 F.4th at 756 (vacating the provisions 

‘‘only as applied to seams formed by high-frequency 

electric resistance welding’’). 

4PHMSA also removes now obsolete crossreferences to § 192.478 located in §§ 192.9 and 

Continued 

TABLE 5 TO PARAGRAPH (b)(12)(ii)—Continued 

U.S. Code citation Maximum penalty after 2025 annual inflation adjustment 

$4,692,668, plus an additional penalty not to exceed $12,266. 

$25,132, plus an additional penalty not to exceed $12,266. 

$188,491, plus an additional penalty not to exceed $12,266. 

$144,329, plus an additional penalty not to exceed $12,266. 

$1,443,275, plus an additional penalty not to exceed $12,266. 

47 U.S.C. 227(e) ...................................................................................... $14,432. 

$43,296. 

$1,443,275. 

47 U.S.C. 362(a) ...................................................................................... $12,567. 

47 U.S.C. 362(b) ...................................................................................... $2,515. 

47 U.S.C. 386(a) ...................................................................................... $12,567. 

47 U.S.C. 386(b) ...................................................................................... $2,515. 

47 U.S.C. 503(b)(2)(A) ............................................................................. $62,829. 

$628,305. 

47 U.S.C. 503(b)(2)(B) ............................................................................. $251,322. 

$2,513,215. 

47 U.S.C. 503(b)(2)(C) ............................................................................. $508,373. 

$4,692,668. 

47 U.S.C. 503(b)(2)(D) ............................................................................. $25,132. 

$188,491. 

47 U.S.C. 503(b)(2)(F) ............................................................................. $144,329. 

$1,443,275. 

47 U.S.C. 507(a) ...................................................................................... $2,489. 

47 U.S.C. 507(b) ...................................................................................... $365. 

47 U.S.C. 511 ........................................................................................... $2,453,218. 

$122,661. 

47 U.S.C. 554 ........................................................................................... $1,114. 

Sec. 6507(b)(4) of Tax Relief Act ............................................................ $1,351,606/incident. 

Sec. 6507(b)(5) of Tax Relief Act ............................................................ $135,161/call. 

* * * * * 

[FR Doc. 2025–00494 Filed 1–14–25; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Part 192 

[Docket No. PHMSA–2011–0023; Amdt. No. 

192–138] 

RIN 2137–AF39 

Pipeline Safety: Safety of Gas 

Transmission Pipelines: Repair 

Criteria, Integrity Management 

Improvements, Cathodic Protection, 

Management of Change, and Other 

Related Amendments: Corrections To 

Conform to Judicial Review 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), Department of Transportation 

(DOT). 

ACTION: Correcting amendments. 

SUMMARY: These amendments conform 

part 192 of the Code of Federal 

Regulations (CFR) to the August 2024 

order of the United States Court of 

Appeals for the District of Columbia 

Circuit by removing several vacated 

provisions. 

DATES: Effective on January 15, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Robert Jagger, Senior Transportation 

Specialist, by email at robert.jagger@

dot.gov. 

SUPPLEMENTARY INFORMATION: On August 

24, 2022, PHMSA published a final rule 

titled ‘‘Safety of Gas Transmission 

Pipelines: Repair Criteria, Integrity 

Management Improvements, Cathodic 

Protection, Management of Change, and 

Other Related Amendments’’ (2022 Gas 

Transmission Final Rule) 1 amending 

the federal pipeline safety regulations at 

49 CFR part 192 to improve the safety 

of onshore gas transmission pipelines. 

The 2022 Gas Transmission Final Rule 

updated and expanded requirements 

pertaining to corrosion control, repair 

criteria and timelines for various 

pipeline integrity anomalies (including 

various manifestations of metal loss, 

cracking, and denting), and other 

integrity management improvements. 

The Interstate Natural Gas Association 

of America (INGAA) filed a petition for 

judicial review challenging several 

provisions of the 2022 Gas Transmission 

Final Rule. On August 16, 2024, the 

United States Court of Appeals for the 

District of Columbia Circuit (D.C. 

Circuit) ordered the following 

provisions vacated: 2

(1) Monitoring and mitigation of 

internal corrosive constituents at 

§ 192.478; 

(2) The immediate repair criterion for 

cracks or crack-like anomalies with 

predicted failure pressures below 1.25 × 

maximum allowable operating pressure 

(MAOP) at §§ 192.714(d)(1)(v)(C) and 

192.933(d)(1)(v)(C); and 

(3) High-frequency electric resistance 

welded seams as one of the seam types 

qualifying for the immediate repair 

criterion of preferential metal loss on 

certain seam types at 

§§ 192.714(d)(1)(iv) and 

192.933(d)(1)(iv).3

This notice removes those vacated 

provisions and makes conforming 

revisions to align the federal pipeline 

safety regulations to the result of 

judicial review.4


lotter on DSK11XQN23PROD with RULES1
3714 Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 

192.927, without making any other changes to those 

provisions. 

5See 87 FR at 52263 (2022 Gas Transmission 

Final Rule statutory authorities). 

6 58 FR 51735 (Oct. 4, 1993). 

7 88 FR 21879 (Apr. 11, 2023). 

8See 5 U.S.C. 603–604. See also Small Business 

Administration, ‘‘A Guide for Government 

Agencies: How to Comply with the Regulatory 

Flexibility Act’’ 55 (2017). 

9Final Regulatory Impact Analysis, Doc. No. 

PHMSA–2011–0023–0637 (2022). 

10Final Environmental Assessment, Doc. No. 

PHMSA–2011–0023–0635 (2022). 

Additionally, the court’s August 16, 

2024, decision found the dent 

engineering critical assessment method 

at § 192.712(c) to be inadequately 

justified. However, the D.C. Circuit 

subsequently, in a December 10, 2024 

order, granted an unopposed petition for 

rehearing by INGAA and remanded this 

provision to PHMSA without vacatur. 

Accordingly, the engineering critical 

assessment method for dents articulated 

at § 192.712(c) remains in the federal 

pipeline safety regulations, thereby 

allowing operators complying with the 

process to, where appropriate, monitor 

rather than repair certain dents 

according to the requirements of 

§§ 192.714(d) and 192.933(d). Section 

192.712(c) will remain in effect as 

PHMSA considers its approach to 

address the deficiencies in PHMSA’s 

adoption of § 192.712(c) identified in 

the court’s August 16, 2024, decision. 

PHMSA will announce such regulatory 

actions in the Federal Register in 

ordinary course. 

PHMSA has good cause to make these 

conforming corrections without notice 

and comment pursuant to Section 

553(b)(B) of the Administrative 

Procedure Act (APA, 5 U.S.C. 551, et 

seq.) because, the D.C. Circuit having 

vacated these provisions of the 2022 Gas 

Transmission Final Rule, no comment 

could ‘‘change[ ] that fact’’ and 

additional comment would be ‘‘utterly 

unnecessary.’’ EME Homer City 

Generation, LP v. EPA, 795 F.3d 118, 

134–35 (D.C. Cir. 2015) (internal 

quotations omitted). Section 553(b)(B) of 

the APA provides that, when an agency 

for good cause finds that notice and 

public procedure are impracticable, 

unnecessary, or contrary to the public 

interest, the agency may issue 

amendments without providing notice 

and an opportunity for public comment. 

Notice and comment on these correction 

amendments is unnecessary for this 

ministerial action conforming the 

pipeline safety regulations to the result 

ordered by the D.C. Circuit. The Agency 

simply removes the three discrete 

provisions (two of which are found at 

both §§ 192.714 and 192.933) which 

have been vacated by the court. PHMSA 

finds that notice and opportunity for 

public comment are unnecessary under 

section 553(b)(B) of the APA. 

PHMSA also finds good cause for the 

immediate effective date on publication 

of these conforming corrections. Section 

553(d) of the APA provides that a rule 

should take effect not less than 30 days 

after publication in the Federal 

Register, except for when a rule relieves 

a restriction or when good cause is 

found by the agency and published 

within the rule allowing for earlier 

effect. 5 U.S.C. 553(d)(1) & (3). These 

conforming corrections relieve discrete 

requirements of the 2022 Gas 

Transmission Final Rule. 5 U.S.C. 

553(d)(1). Moreover, good cause exists 

for immediate effect as, the D.C. Circuit 

having entered its judgment, the 

provisions of the code being removed 

herein are no longer effective, operators 

and the public will benefit from 

regulatory text reflecting the accurate 

regulatory environment, and no 

additional time is necessary to conform 

operator behavior. Omnipoint Corp. v. 

F.C.C., 78 F.3d 620, 630 (D.C. Cir. 1996); 

5 U.S.C. 553(d)(3). 

I. Regulatory Analyses and Notices 

A. Legal Authority 

These conforming corrections are 

published under the authority of the 

Secretary of Transportation delegated to 

PHMSA pursuant to 49 CFR 1.97. 

Among the statutory authorities 

delegated to PHMSA are the authorities 

vested in the Secretary under the 

Federal Pipeline Safety Statutes (49 

U.S.C. 60101 et seq.). Section 60102(a) 

authorizes issuance of regulations 

governing design, installation, 

inspection, emergency plans and 

procedures, testing, construction, 

extension, operation, replacement, and 

maintenance of pipeline facilities.5

B. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

These conforming corrections have 

been evaluated in accordance with 

Executive Order 12866 (‘‘Regulatory 

Planning and Review’’),6 Executive 

Order 14094 (‘‘Modernizing Regulatory 

Review’’),7 and DOT Order 2100.6A 

(‘‘Rulemaking and Guidance 

Procedures’’) and are considered not 

significant; therefore, these conforming 

corrections have not been reviewed by 

the Office of Management and Budget 

(OMB). As the conforming corrections 

herein merely reflect the current state of 

the regulations following judicial 

review, PHMSA finds that the 

conforming corrections themselves 

impose no incremental compliance 

costs, nor do they adversely impair 

safety. 

C. Regulatory Flexibility Act 

The analytical requirements of the 

Regulatory Flexibility Act, as amended 

by the Small Business Regulatory 

Flexibility Fairness Act of 1996 (RFA, 5 

U.S.C. 601 et seq.), do not apply when 

the agency finds good cause under the 

APA to adopt a rule without prior notice 

and comment.8 Because PHMSA has 

‘‘good cause’’ under the APA to forgo 

comment on the corrections herein, no 

RFA analysis is required. 

D. Paperwork Reduction Act 

These conforming corrections impose 

no new or revised information 

collection requirements. As explained 

above, the conforming corrections are 

non-substantive as they reflect the 

outcome of judicial review, and they 

will require no change to the current 

incident and annual reporting forms and 

their respective instructions as 

discussed in the preamble of the 2022 

Gas Transmission Final Rule. 

E. Unfunded Mandates Reform Act of 

1995 

PHMSA analyzed these conforming 

corrections pursuant to the Unfunded 

Mandates Reform Act of 1995 (UMRA, 

2 U.S.C. 1501 et seq.) and determined 

that the corrections do not impose 

enforceable duties of $100 million or 

more, adjusted for inflation, in any one 

year, on state, local, or tribal 

governments, or on the private sector. 

Because the corrections impose no new 

incremental compliance costs beyond 

those already assessed in the 2022 Gas 

Transmission Final Rule, PHMSA’s 

earlier UMRA analysis need not be 

changed.9

F. National Environmental Policy Act 

The National Environmental Policy 

Act of 1969 (NEPA, 42 U.S.C. 4321 et 

seq.) requires federal agencies to prepare 

a detailed statement on major federal 

actions significantly affecting the 

quality of the human environment. 

PHMSA analyzed the 2022 Gas 

Transmission Final Rule in accordance 

with NEPA, consistent with Council on 

Environmental Quality regulations (40 

CFR parts 1500 through 1508), and DOT 

implementing policies (DOT Order 

5610.1C, ‘‘Procedures for Considering 

Environmental Impacts’’) and 

determined the 2022 Gas Transmission 

Final Rule would not significantly affect 

the quality of the human environment.10

PHMSA has determined that the 

corrections in this document have no 

effect on its earlier NEPA analysis, as 


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Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 3715 

11 64 FR 43255 (Aug. 10, 199). 

12See 87 FR at 20978. 

13Moreover, PHMSA determined that the 2022 

Gas Transmission Final Rule did not impose 

substantial direct compliance costs on state and 

local governments. 

14 66 FR 28355 (May 22, 2001). 

15 65 FR 67249 (Nov. 6, 2000). 

16 77 FR 26413 (May 4, 2012). 

the corrections simply reflect the 2022 

Gas Transmission Final Rule as 

modified by judicial review. 

G. Privacy Act Statement 

In accordance with 5 U.S.C. 553(c), 

the DOT solicits comments from the 

public to inform its rulemaking process. 

The DOT posts these comments, 

without edit, including any personal 

information the commenter provided, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.dot.gov/privacy. 

H. Executive Order 13132 (Federalism) 

PHMSA has analyzed these 

conforming corrections in accordance 

with the principles and criteria 

contained in Executive Order 13132 

(‘‘Federalism’’).11 PHMSA has 

previously determined that the 2022 Gas 

Transmission Final Rule did not impose 

any substantial direct effect on the 

States, the relationship between the 

National Government and the States, or 

the distribution of power and 

responsibilities among the various 

levels of government.12 Because the 

judicially conforming corrections herein 

are consistent with the 2022 Gas 

Transmission Final Rule as modified by 

judicial review, the consultation and 

funding requirements of Executive 

Order 13132 do not apply.13

I. Executive Order 13211 

PHMSA analyzed the 2022 Gas 

Transmission Final Rule and 

determined that the requirements of 

Executive Order 13211 (‘‘Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use’’) 14 did not apply. 

These judicially conforming corrections 

to the 2022 Gas Transmission Final Rule 

are not a ‘‘significant energy action’’ 

under Executive Order 13211, as they 

are not a significant regulatory action, 

and they are not likely to have a 

significant adverse effect on supply, 

distribution, or energy use. Further, 

OMB has not designated the corrections 

herein as a significant energy action. 

J. Executive Order 13175 

This document was analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13175 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’) 15

and DOT Order 5301.1 (‘‘Department of 

Transportation Policies, Programs, and 

Procedures Affecting American Indians, 

Alaska Natives, and Tribes’’). Because 

none of these corrections have tribal 

implications or impose substantial 

direct compliance costs on Indian tribal 

governments, the funding and 

consultation requirements of Executive 

Order 13175 do not apply. 

K. Executive Order 13609 and 

International Trade Analysis 

Under Executive Order 13609 

(‘‘Promoting International Regulatory 

Cooperation’’),16 agencies must consider 

whether the impacts associated with 

significant variations between domestic 

and international regulatory approaches 

are unnecessary or may impair the 

ability of American business to export 

and compete internationally. In meeting 

shared challenges involving health, 

safety, labor, security, environmental, 

and other issues, international 

regulatory cooperation can identify 

approaches that are at least as protective 

as those that are or would be adopted in 

the absence of such cooperation. 

International regulatory cooperation can 

also reduce, eliminate, or prevent 

unnecessary differences in regulatory 

requirements. These conforming 

corrections do not impact international 

trade. 

L. Regulation Identifier Number (RIN) 

A RIN is assigned to each regulatory 

action listed in the Unified Agenda of 

Federal Regulations. The Regulatory 

Information Service Center publishes 

the Unified Agenda in April and 

October of each year. The RIN contained 

in the heading of this notice can be used 

to cross-reference this action with the 

Unified Agenda. 

M. Severability 

This makes discrete corrections which 

conform the regulations with the 

outcome of judicial review on the 2022 

Gas Transmission Final Rule. Each 

amendment is severable and operates 

independently. 

List of Subjects in 49 CFR Part 192 

Corrosion control, Installation of pipe 

in a ditch, Integrity management, 

Internal inspection device, Management 

of change, Pipeline safety, Repair 

criteria, Surveillance. 

In consideration of the foregoing, 

PHMSA corrects 49 CFR part 192 by 

making the following correcting 

amendments: 

PART 192—TRANSPORTATION OF 

NATURAL AND OTHER GAS BY 

PIPELINE: MINIMUM FEDERAL 

SAFETY STANDARDS 

■ 1. The authority citation for part 192 

continues to read as follows: 

Authority: 30 U.S.C. 185(w)(3), 49 U.S.C. 

5103, 60101 et seq., and 49 CFR 1.97. 

■ 2. Amend § 192.9 by revising 

paragraphs (b), (c), (d)(2), and (e)(1)(ii) 

as follows: 

§ 192.9 What requirements apply to 

gathering pipelines? 

* * * * * 

(b) Offshore lines. An operator of an 

offshore gathering line must comply 

with requirements of this part 

applicable to transmission lines, except 

the requirements in §§ 192.13(d), 

192.150, 192.285(e), 192.319(d) through 

(g), 192.461(f) through (i), 192.465(d) 

and (f), 192.473(c), 192.485(c), 192.493, 

192.506, 192.607, 192.613(c), 

192.619(e), 192.624, 192.710, 192.712, 

and 192.714, and in subpart O of this 

part. Further, operators of offshore 

gathering lines are exempt from the 

requirements of §§ 192.617(b) through 

(d) and 192.635. Lastly, operators of 

offshore gathering lines are exempt from 

the requirements of § 192.615 (but an 

operator of an offshore gathering line 

must comply with the requirements of 

49 CFR 192.615, effective as of October 

4, 2022). 

(c) Type A lines. An operator of a 

Type A regulated onshore gathering line 

must comply with the requirements of 

this part applicable to transmission 

lines, except the requirements in 

§§ 192.13(d), 192.150, 192.285(e), 

192.319(d) through (g), 192.461(f) 

through (i), 192.465(d) and (f), 

192.473(c), 192.485(c) 192.493, 192.506, 

192.607, 192.613(c), 192.619(e), 

192.624, 192.710, 192.712, and 192.714, 

and in subpart O of this part. However, 

an operator of a Type A regulated 

onshore gathering line in a Class 2 

location may demonstrate compliance 

with subpart N of this part by describing 

the processes it uses to determine the 

qualification of persons performing 

operations and maintenance tasks. 

Further, operators of Type A regulated 

onshore gathering lines are exempt from 

the requirements of §§ 192.179(e) 

through (g), 192.610, 192.617(b) through 

(d), 192.634, 192.635, 192.636, and 

192.745(c) through (f). Lastly, operators 

of Type A regulated onshore gathering 

lines are exempt from the requirements 

of § 192.615 (but an operator of a Type 

A regulated onshore gathering line must 

comply with the requirements of 49 CFR 

192.615, effective as of October 4, 2022). 


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3716 Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 

1 66 FR 63474 (Dec. 6, 2001). FAA aviation 

security functions were transferred to TSA under 67 

FR 7939 (Feb. 20, 2002). 

(d) * * * 

(2) If the pipeline is metallic, control 

corrosion according to requirements of 

subpart I of this part applicable to 

transmission lines, except the 

requirements in §§ 192.461(f) through 

(i), 192.465(d) and (f), 192.473(c), 

192.485(c), and 192.493; 

* * * * * 

(e) * * * 

(1) * * * 

(ii) If the pipeline is metallic, control 

corrosion according to requirements of 

subpart I of this part applicable to 

transmission lines, except the 

requirements in §§ 192.461(f) through 

(i), 192.465(d) and (f), 192.473(c), 

192.485(c), and 192.493; 

* * * * * 

§ 192.478 [Removed] 

■ 3. Remove § 192.478. 

■ 4. Amend § 192.714 by revising 

paragraphs (d)(1)(iv) and (v) to read as 

follows: 

§ 192.714 Transmission lines: Repair 

criteria for onshore transmission pipelines. 

* * * * * 

(d) * * * 

(1) * * * 

(iv) Metal loss preferentially affecting 

a detected longitudinal seam, if that 

seam was formed by direct current, lowfrequency electric resistance welding, 

electric flash welding, or has a 

longitudinal joint factor less than 1.0, 

and the predicted failure pressure 

determined in accordance with 

§ 192.712(d) is less than 1.25 times the 

MAOP. 

(v) A crack or crack-like anomaly 

meeting any of the following criteria: 

(A) Crack depth plus any metal loss 

is greater than 50 percent of pipe wall 

thickness; or 

(B) Crack depth plus any metal loss is 

greater than the inspection tool’s 

maximum measurable depth. 

* * * * * 

■ 5. Amend § 192.927 by revising 

paragraph (c)(4)(iii)(A) to read as 

follows: 

§ 192.927 What are the requirements for 

using Internal Corrosion Direct Assessment 

(ICDA)? 

* * * * * 

(c) * * * 

(4) * * * 

(iii) * * * 

(A) Conduct excavations of, and 

detailed examinations at, locations 

downstream from where the electrolytes 

might have entered the pipe to 

investigate and accurately characterize 

the nature, extent, and root cause of the 

corrosion; or 

* * * * * 

■ 6. Amend § 192.933 by revising 

paragraphs (d)(1)(iv) and (v) to read as 

follows: 

§ 192.933 What actions must be taken to 

address integrity issues? 

* * * * * 

(d) * * * 

(1) * * * 

(iv) Metal loss preferentially affecting 

a detected longitudinal seam, if that 

seam was formed by direct current, lowfrequency electric resistance welding, 

electric flash welding, or has a 

longitudinal joint factor less than 1.0, 

and the predicted failure pressure 

determined in accordance with 

§ 192.712(d) is less than 1.25 times the 

MAOP. 

(v) A crack or crack-like anomaly 

meeting any of the following criteria: 

(A) Crack depth plus any metal loss 

is greater than 50 percent of pipe wall 

thickness; or 

(B) Crack depth plus any metal loss is 

greater than the inspection tool’s 

maximum measurable depth. 

* * * * * 

Issued in Washington, DC, on December 

30, 2024, under authority delegated in 49 

CFR 1.97. 

Tristan H. Brown, 

Deputy Administrator. 

[FR Doc. 2025–00073 Filed 1–14–25; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Transportation Security Administration 

49 CFR Parts 1542 and 1544 

Recordkeeping Requirements for 

Criminal History Record Checks; 

Airport and Aircraft Operator Security; 

Technical Amendments 

AGENCY: Transportation Security 

Administration, Department of 

Homeland Security (DHS). 

ACTION: Final rule; technical 

amendments. 

SUMMARY: The Transportation Security 

Administration (TSA) is issuing 

technical amendments to certain 

aviation security regulations. The 

technical amendments to the regulations 

clarify that airport operators and aircraft 

operators are required to retain only the 

criminal records, including the 

application for a criminal history 

records check (CHRC), associated with 

an individual’s current CHRC, CHRC 

certification, or authorization to perform 

a covered function and not records 

associated with previous CHRCs or 

employment investigations. Also, the 

technical amendments clarify that the 

records may be stored in paper or 

electronic form. 

DATES: This rule is effective as of 

January 15, 2025. 

FOR FURTHER INFORMATION CONTACT: 

David Siegmund; Airport Security 

Programs; Aviation Division; Policy, 

Plans, and Engagement; (571) 227–4325; 

david.siegmund@tsa.dhs.gov. 

SUPPLEMENTARY INFORMATION: You can 

find an electronic copy of this rule using 

the internet by accessing the 

Government Publishing Office’s web 

page at https://www.govinfo.gov/app/ 

collection/FR to view the daily 

published Federal Register edition or by 

accessing the Office of the Federal 

Register’s web page at https://

www.federalregister.gov. Copies are also 

available by contacting the individual 

identified in the FOR FURTHER

INFORMATION CONTACT section. 

Small Entity Inquiries 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996 requires TSA to comply with small 

entity requests for information and 

advice about compliance with statutes 

and regulations within TSA’s 

jurisdiction. Any small entity that has a 

question regarding this document may 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section. 

Persons can obtain further information 

regarding SBREFA on the Small 

Business Administration’s web page at 

https://advocacy.sba.gov/resources/ 

reference-library/sbrefa/. 

I. Discussion of the Rule 

TSA is making technical amendments 

to regulatory recordkeeping 

requirements related to CHRCs that 

workers for airport and aircraft 

operators are required to undergo. 

Beginning in 1996, the FAA required 

airport and aircraft operators to conduct 

employment investigations for certain 

workers. Following the terrorist attacks 

on September 11, 2001, the FAA 

determined that the employment 

investigations did not adequately 

protect transportation security and 

published the CHRCs final rule on 

December 6, 2001.1 The rule required 

the completion of CHRCs for 

individuals with unescorted Security 

Identification Display Area security 

functions such as screening of cargo or 


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