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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Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 3717 

2See also 49 CFR 1544.229 and 1544.330 

(expanding CHRC requirements to include 

flightcrew members). 3See 49 CFR 1542.209(k)(1) through (3). 4See 49 CFR 1544.229(k)(1) and (2). 5See 49 CFR 1542.209(k)(5), 1544.229(k)(4). 6 66 FR 63474 (Dec. 6, 2001). 

7Batterton v. Marshall, 648 F.2d 694, 707 (D.C. 

Cir. 1980). 

8American Hospital Ass’n v. Bowen, 834 F.2d 

1037, 1045 (D.C. Cir. 1987). 

9See 5 U.S.C. 551–559. 

accepting checked baggage for 

transport.2

For airport operators, the current 

regulations require retention of all 

employment history investigation files 

conducted before December 6, 2001, the 

fingerprint application and CHRC 

results conducted after December 6, 

2001, and any CHRC certifications 

received after December 6, 2001.3 For 

aircraft operators, the current 

regulations require retention of 

employment history investigation files 

conducted before December 6, 2001, and 

fingerprint application and CHRC 

results conducted after December 6, 

2001.4 The regulations also require 

airport and aircraft operators to retain 

these records until 180 days after the 

individual’s access has expired or their 

authority to perform a covered function 

is terminated.5

When these regulations were 

promulgated, airport and aircraft 

operators were required to complete 

only one CHRC for covered 

individuals.6 However, as a result of the 

terrorist attacks of September 11, 2001, 

the modern threat environment, and 

TSA’s risk-based approach to aviation 

security, TSA has issued security 

program amendments and security 

directives requiring airport and certain 

aircraft operator workers to undergo 

recurrent CHRCs. For instance, TSA 

required workers with unescorted 

access to airport Security Identification 

Display Areas and sterile areas to 

complete CHRCs every 2 years, and then 

to participate in the Rap Back program. 

As a result of the recurrent CHRC 

requirements and a strict reading of the 

recordkeeping regulations, covered 

entities retain numerous copies of CHRC 

applications and results. Retaining these 

records is burdensome and costly. 

Moreover, TSA does not need prior 

CHRC applications and results to assess 

compliance with the existing CHRC 

requirements. Therefore, TSA is 

clarifying the existing regulations to 

state that operators must retain only the 

records relating to the current CHRC. 

For §§ 1542.209 and 1544.229, the 

technical amendments remove the date 

of December 6, 2001, and the 

requirements concerning employment 

investigations that applied before that 

date in the rule text because that 

language is no longer necessary. Also, 

the technical amendments now include 

the phrase ‘‘in electronic or paper form 

as authorized by TSA’’ to clarify that 

either hard copy or electronic forms are 

permissible. When the regulation was 

originally published, the primary means 

of record maintenance was in paper/ 

hard copy, which has changed over time 

to electronic document storage. TSA is 

adding the phrase ‘‘associated with the 

individual’s current ID media, CHRC 

certification, or authorization to perform 

a covered function’’ to clarify that only 

the current CHRC records must be 

retained. TSA is revising the title of 

‘‘Certification’’ to ‘‘Certifications’’ to 

grammatically conform with other 

references to certifications in the rule 

text. Finally, TSA is removing the 

phrase ‘‘all investigations’’ to more 

accurately reflect that airport and 

aircraft operators are only required to 

preserve certain records. 

For § 1544.230, the technical 

amendments add the phrase ‘‘[t]he 

airport operator must maintain the 

following information associated with 

an individual’s current authorization to 

be a flightcrew member, in electronic or 

paper form, as authorized by TSA.’’ This 

change clarifies that either hard copy or 

electronic forms are permissible and 

that only the current CHRC records 

must be retained for flightcrew records 

checks. The technical amendments also 

delete extraneous phrases from 

§ 1544.230 so that the recordkeeping 

language is similar to §§ 1542.209 and 

1544.229. 

II. Good Cause and Procedural Rule 

Exceptions From Notice and Comment 

and Delayed Effective Date 

TSA is issuing this final rule change 

as a technical amendment without a 

notice of proposed rulemaking or 

delayed effective date. The 

Administrative Procedure Act 

authorizes agencies to forgo the notice 

and comment requirements if it ‘‘for 

good cause finds . . . that notice and 

public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest.’’ 5 U.S.C. 

553(b)(B); see also 5 U.S.C. 553(d)(3) 

(allowing agency to forgo a delayed 

effective date for a substantive rule 

upon a finding of good cause). 

TSA believes notice and comment 

concerning reducing the recordkeeping 

requirements is unnecessary as it is a 

limited amendment to reflect processes 

and security needs that have changed 

overtime. It is unnecessary to seek 

notice and comment on the rule changes 

because the new language imposes no 

new substantive burden and reflects 

current security and compliance 

procedures. Further, it is unnecessary 

for the rule to have a delayed effective 

date as the amendment merely reduces 

recordkeeping requirements. Operators 

may continue to retain old criminal 

applications and records but are not 

required to do so. For these reasons, 

TSA believes that bypassing the 

ordinary notice and comment procedure 

and the delayed effected date 

requirement is justified in the totality of 

the circumstances. 

In addition, 5 U.S.C. 553(b)(A) 

permits agencies to forgo notice and 

comment when issuing ‘‘rules of agency 

organization, procedure, or practice,’’ 

i.e., a procedural rule. ‘‘A useful 

articulation of the exemption’s critical 

feature is that it covers agency actions 

that do not themselves alter the rights or 

interests of parties, although it may alter 

the manner in which the parties present 

themselves or their viewpoints to the 

agency.’’ 7 The exemption ‘‘preserve[s] 

agency flexibility when dealing with 

limited situations where substantive 

rights are not at stake.’’ 8 Here, TSA is 

removing a requirement to retain the old 

CHRC records that were written when 

only one CHRC was required. As a 

matter of agency procedure and 

practice, TSA does not need to review 

old CHRC records and applications in 

order to assess an operator’s current 

compliance with the vetting regulations. 

In addition, the delayed effective date 

requirements under 5 U.S.C. 553(d) do 

not apply to procedural rules. 

TSA is issuing these final rule 

changes through technical amendments 

and not as a notice of proposed 

rulemaking. The technical amendments 

reflect current Agency procedures and 

impose no new substantive 

requirements. However, it is important 

to note that even if these revisions were 

not considered technical amendments, 

they fall within other exceptions to 

notice and comment under the 

Administrative Procedure Act.9

III. Regulatory Analyses 

A. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(PRA) (44 U.S.C. 3501 et seq.) requires 

that TSA consider the impact of 

paperwork and other information 

collection burdens imposed on the 

public, and under the provisions of PRA 

section 3507(d), obtain approval from 

the Office of Management and Budget 

(OMB) for each collection of 

information it conducts, sponsors, or 

requires through regulations. This rule 

does not call for a new collection of 

information under the PRA. CHRC 


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3718 Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 

10Public Law 96–354 (94 Stat. 1164, Sept. 19, 

1980), codified at 5 U.S.C. 601 et seq., as amended 

by the Small Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA). 

11See 2 U.S.C. 658(10); 5 U.S.C. 601(2). 

12As codified at 42 U.S.C. 6362. 13As codified at 42 U.S.C. 4321–4347. 

recordkeeping requirements are 

currently covered under Information 

Collection Request 1652–002 (Airport 

Security Program). CHRC recordkeeping 

burden estimates within the Information 

Collection Request already align with 

CHRC recordkeeping clarifications 

identified in the technical amendment 

and thus do not require revision at this 

time. 

B. Executive Orders 12866 and 13563 

Assessment 

Executive Orders 12866 (Regulatory 

Planning and Review), as amended by 

Executive Order 14094 (Modernizing 

Regulatory Review), and 13563 

(Improving Regulation and Regulatory 

Review) direct agencies to assess the 

costs and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying costs and benefits, reducing 

costs, harmonizing rules, and promoting 

flexibility. 

The OMB has not designated this rule 

a significant regulatory action under 

section 3(f) of Executive Order 12866, as 

amended by Executive Order 14094. 

Accordingly, OMB has not reviewed 

this regulatory action. 

This technical amendment clarifies 

CHRC recordkeeping requirements 

which may result in cost savings 

associated with no longer retaining old 

CHRCs and storing such records 

electronically. This technical 

amendment does not impose any new 

substantive burden and reflects current 

security and compliance procedures. 

C. Regulatory Flexibility Analysis 

The Regulatory Flexibility Act of 1980 

(RFA) 10 requires that agencies consider 

the impacts of their rules on small 

entities. For purposes of the RFA, small 

entities include small businesses, notfor-profit organizations, and small 

governmental jurisdictions. The RFA’s 

regulatory flexibility analysis 

requirements apply only to those rules 

for which an agency is required to 

publish a general notice of proposed 

rulemaking pursuant to 5 U.S.C. 553 or 

any other law. See 5 U.S.C. 604(a). As 

discussed previously, TSA did not issue 

a notice of proposed rulemaking for this 

action as exempted by 5 U.S.C. 553(b). 

Therefore, a regulatory flexibility 

analysis is not required for this rule. 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (2 U.S.C. 1531–38, 

UMRA) requires each Federal agency to 

prepare a written statement assessing 

the effects of any Federal mandate in a 

proposed rule or final rule for which the 

agency published a proposed rule, 

which includes any Federal mandate 

that may result in a $100 million or 

more expenditure (adjusted annually for 

inflation) in any one year by State, local, 

and tribal governments, in the aggregate, 

or by the private sector. 

Regulations are only reviewable under 

UMRA when an agency has published a 

notice of proposed rulemaking as 

defined by 5 U.S.C. 553(b).11 This rule 

is exempted from notice and comment 

under 5 U.S.C. 553(b). TSA did not 

publish a notice of proposed 

rulemaking; thus, this rule is exempt 

from UMRA’s requirements pertaining 

to the preparation of a written 

statement. 

E. Executive Order 13132 

Under Executive Order 13132 

(Federalism), agencies must consider 

whether a rule has federalism 

implications. TSA has determined that 

this rule does not have federalism 

implications because it does not create 

a substantial direct effect on States, on 

the relationship between the National 

Government and States, or the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. International Trade Impact 

Assessment 

The Trade Agreement Act of 1979 

prohibits Federal agencies from 

establishing any standards or engaging 

in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. The 

Trade Agreement Act does not consider 

legitimate domestic objectives, such as 

essential security, as unnecessary 

obstacles. The statute also requires that 

international standards be considered, 

and where appropriate, that they be the 

basis for U.S. standards. This technical 

amendment will not have an adverse 

impact on international trade. 

G. Energy Impact Analysis 

TSA assessed the energy impact of 

this action in accordance with the 

Energy Policy and Conservation Act,12

and determined that this technical 

amendment is not a major regulatory 

action under the provisions of the 

Energy Policy and Conservation Act. 

H. Environmental Analysis 

TSA has reviewed this technical 

amendment for purposes of the National 

Environmental Policy Act of 1969 13 and 

has determined that this action will not 

have a significant effect on the human 

environment. This action is covered by 

categorical exclusion numbers A3(a) (for 

actions of a strictly administrative or 

procedural nature) and (b) (that 

implement, without substantive change, 

statutory or regulatory requirements) in 

DHS Management Directive 023–01 

(formerly Management Directive 

5100.1), Environmental Planning 

Program, and Instruction Manual 023– 

01–001–01, Rev. 1, which guides TSA 

compliance with the National 

Environmental Policy Act. 

I. The Congressional Review Act 

Before a rule can take effect, 5 U.S.C. 

801, the Congressional Review Act 

(CRA), requires agencies to submit the 

rule and a report indicating whether it 

is a major rule to Congress and the 

Comptroller General. Under 5 U.S.C. 

804(3)(C), rules of agency organization, 

procedure, or practice that do not 

substantially affect the rights or 

obligations of non-agency parties are not 

considered to be a rule for the purposes 

of the CRA. This technical amendment 

is a rule of agency organization, 

procedure, or practice that will not 

substantially affect the rights or 

obligations of non-agency parties, thus 

is not required to be submitted for 

review under the CRA. 

List of Subjects 

49 CFR Part 1542 

Airports, Aviation safety, Law 

enforcement officers, Reporting and 

recordkeeping requirements, Security 

measures. 

49 CFR Part 1544 

Air carriers, Aircraft, Airmen, 

Airports, Aviation safety, Explosives, 

Freight forwarders, Law enforcement 

officers, Reporting and recordkeeping 

requirements, Security measures. 

For the reasons stated in the 

preamble, the Transportation Security 

Administration amends chapter XII, of 

title 49, Code of Federal Regulations as 

follows: 

PART 1542—AIRPORT SECURITY 

■ 1. The authority citation for part 1542 

continues to read as follows: 


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Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 3719 

Authority: 49 U.S.C. 114, 5103, 40113, 

44901–44905, 44907, 44913–44914, 44916– 

44917, 44935–44936, 44942, 46105. 

■ 2. Revise § 1542.209(k) to read as 

follows: 

§ 1542.209 Fingerprint-based criminal 

history records checks (CHRC). 

* * * * * 

(k) Recordkeeping. The airport 

operator must maintain the following 

information associated with an 

individual’s current identification (ID) 

media in electronic or paper form, as 

authorized by TSA: 

(1) Fingerprint application. Except 

when the airport operator has received 

a certification under paragraph (n) of 

this section, the airport operator must 

physically maintain, control, and, as 

appropriate, destroy the fingerprint 

application and the criminal record. 

Only direct airport operator employees 

may carry out the responsibility for 

maintaining, controlling, and destroying 

criminal records. 

(2) Certifications. The airport operator 

must maintain the certifications 

provided under paragraph (n) of this 

section. 

(3) Protection of records. The records 

required by this section must be 

maintained in a manner that is 

acceptable to TSA and in a manner that 

protects the confidentiality of the 

individual. 

(4) Duration. The records identified in 

this section with regard to an individual 

must be maintained until 180 days after 

the termination of the individual’s 

unescorted access authority. When files 

are no longer maintained, the criminal 

record must be destroyed. 

* * * * * 

PART 1544—AIRCRAFT OPERATOR 

SECURITY: AIR CARRIERS AND 

COMMERCIAL OPERATORS 

■ 3. The authority citation for part 1544 

continues to read as follows: 

Authority: 49 U.S.C. 114, 5103, 40113, 

44901–44905, 44907, 44913–44914, 44916– 

44918, 44932, 44935–44936, 44942, 46105. 

■ 4. Revise § 1544.229(k) to read as 

follows: 

§ 1544.229 Fingerprint-based criminal 

history records checks (CHRC): Unescorted 

access authority, authority to perform 

screening functions, and authority to 

perform check baggage or cargo functions. 

* * * * * 

(k) Recordkeeping. The aircraft 

operator must maintain the following 

information associated with an 

individual’s current identification (ID) 

media, CHRC certification, or 

authorization to perform a covered 

function in electronic or paper form, as 

authorized by TSA: 

(1) Fingerprint application. The 

aircraft operator must physically 

maintain, control, and, as appropriate, 

destroy the fingerprint application and 

the criminal record. Only direct aircraft 

operator employees may carry out the 

responsibility for maintaining, 

controlling, and destroying criminal 

records. 

(2) Protection of records. The records 

required by this section must be 

maintained in a manner that is 

acceptable to TSA and in a manner that 

protects the confidentiality of the 

individual. 

(3) Duration. The records identified in 

this section with regard to an individual 

must be maintained until 180 days after 

the termination of the individual’s 

authority to perform a covered function. 

When files are no longer maintained, 

the criminal record must be destroyed. 

* * * * * 

■ 5. Revise § 1544.230(h) to read as 

follows: 

§ 1544.230 Fingerprint-based criminal 

history records checks (CHRC): Flightcrew 

members. 

* * * * * 

(h) Recordkeeping. The aircraft 

operator must maintain the following 

information associated with a current 

authorization to be a flightcrew member, 

in electronic or paper form, as 

authorized by TSA: 

(1) Fingerprint application process. 

The aircraft operator must physically 

maintain, control, and, as appropriate, 

destroy the fingerprint application and 

the criminal record. Only direct aircraft 

operator employees may carry out the 

responsibility for maintaining, 

controlling, and destroying criminal 

records. 

(2) Protection of records. The records 

required by this section must be 

maintained by the aircraft operator in a 

manner that is acceptable to TSA and in 

a manner that protects the 

confidentiality of the individual. 

(3) Duration. The records identified in 

this section with regard to an individual 

must be made available upon request by 

TSA and maintained until 180 days 

after the termination of the individual’s 

privileges to perform flightcrew member 

duties with the aircraft operator. When 

files are no longer maintained, the 

criminal record must be destroyed. 

* * * * * 

Dated: January 10, 2025. 

David P. Pekoske, 

Administrator. 

[FR Doc. 2025–00773 Filed 1–14–25; 8:45 am] 

BILLING CODE 9110–05–P 


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