[Federal Register Volume 66, Number 250 (Monday, December 31, 2001)]
[Notices]
[Pages 67620-67621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-32040]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2001-111229]


Firearms, Less-Than-Lethal Weapons, and Emergency Services on 
Commercial Air Flights

ACTION:  Request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA is requesting comments on issues related to pilots 
carrying firearms into the cockpit and flight deck crewmembers carrying 
less-than-lethal weapons on aircraft providing air transportation or 
intrastate air transportation. We are also requesting comments on 
issues related to provision of emergency services on commercial air 
flights during emergencies by law enforcement officers, firefighters, 
and emergency medical technicians. This action is part of an effort to 
develop recommendations for possible future action by the Department of 
Transportation.

DATES: Send you comments to reach us on or before February 14, 2002.

ADDRESSES: Mail your comments to--Public Docket Office, Department of 
Transportation, 400 Seventh Street, SW., Room PL-401, Washington, DC 
20590-0001.
    Or send your comments through the Internet to--http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Kent Stephens, Manager, Air Carrier 
Operations Branch, AFS-220, Air Transportation Division, Flight 
Standards Service, Federal Aviation Administration, 800 Independence 
Avenue, SW., Washington, DC 20591; telephone (202) 267-9518.

SUPPLEMENTARY INFORMATION:

Your Comments Are Welcome

    We invite your comments on the issues described in this notice. The 
most useful comments are those that are specific and related to issues 
raised by the notice. Factual information that supports your ideas and 
suggestions is extremely helpful in evaluating the issues and 
determining what future actions we should undertake.
    To ensure consideration, you must identify the Rules Docket number 
in your comments, and you must submit comments to one of the addresses 
specified under the ADDRESSES section of this preamble. We will 
consider all communications received on or before the closing date for 
comments. All comments submitted will be available, both before and 
after the closing date for comments, in the Rules Docket for 
examination by interested persons. We will file in the Rules Docket a 
report that summarizes each public contact related to the substance of 
this notice.
    You may review the public docket containing comments on this notice 
in person in the Dockets Office between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays. The Dockets Office is on the 
plaza level of the Nassif Building at the Department of Transportation 
at the address specified in the ADDRESSES section. Also, you may review 
the docket on the Internet at http://dms.dot.gov.
    If you want us to acknowledge receipt of your comments submitted in 
response to this notice, you must include with your comments a self-
addressed, stamped postcard on which you identify the Rules Docket 
number of this notice. We will date stamp the postcard and return it to 
you.

Availability of Documents

    You can get an electronic copy of this notice using the Internet 
through FAA's web page at http://www.faa.gov/avr/arm/nprm/nprm.htm or 
through the Federal Register's web page at http://www.access.gpo.gov/
su__docs/aces/aces140.htm
    You can get a paper copy by submitting a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Make 
sure to identify the docket number of this rulemaking.

Background

    As a result of the events of September 11, 2001, Congress passed 
and the President signed the Aviation and Transportation Security Act 
(ATSA), a comprehensive measure designed to protect the security of the 
Nation's air transportation system. See Pub. L. 107-71, 115 Stat. 597, 
November 19, 2001. The Department of Transportation is this notice is 
seeking public comment to assist it in developing recommendations for 
possible future actions to implement the following three sections of 
ASTA.
    Sec. 126 of ATSA amends section 44903 of Title 49 of the United 
States Code to provide in part that the Secretary of Transportation, 
after receiving recommendations from the National Institute of Justice, 
may authorize members of flight deck crews on aircraft providing air 
transportation or intrastate air transportation to carry a less-than-
lethal weapon. If the Secretary grants authority to carry a less-than-
lethal weapon, the Secretary must--
    <bullet> Prescribe rules requiring that any such crew member be 
trained in the proper use of the weapon, and
    <bullet> Prescribe guidelines setting forth the circumstances under 
which such weapons may be used.
    Sec. 128 of ATSA provides that the pilot of a passenger aircraft 
operated by an air carrier in air transportation or intrastate air 
transportation is authorized to carry a firearm into the cockpit if--
    <bullet> The Under Secretary for Transportation Security approves;
    <bullet> The air carrier approves;
    <bullet> The firearm is approved by the Under Secretary; and
    <bullet> The pilot has received proper training for the use of the 
firearm, as determined by the Under Secretary.
    Sect. 131 of ATSA, in part, provides that the Under Secretary for 
Transportation Security must carry out a program to permit law 
enforcement officers, firefighters, and emergency medical technicians 
to provide emergency services on commercial air flights during 
emergencies. To carry out the program, the Under Secretary for 
Transportation Security must establish requirements for qualifications 
and training of providers of emergency services. If one of these 
individuals meets such qualifications and training requirements, ASTA 
provides that he or she may not be held liable for damages.
    As noted above, he FAA plans to develop a set of recommendations to 
the Department of Transportation for carrying out these portions of 
ATSA. As a preliminary step, we are asking for public comment on a 
number of issues that we have identified as potentially being addressed 
in the recommendations. We plan to consider any comments we receive in 
response to this request for comments in developing specific 
recommendations. If the Department of Transportation conducts

[[Page 67621]]

rulemaking on these issues, there will be another round of public 
comment. We invite the public to send us information and comments 
relating to the following issues:
    1. Whether pilots and other flight crew members should carry 
firearms of less-than-lethal weapons, and if so, whether it should be 
on a voluntary basis;
    2. Whether and how the weapons should be stored on the aircraft or 
carried on board;
    3. The types and numbers of less-than-lethal weapons that should be 
carried on aircraft for use by qualified flight deck crew members;
    4. The types of restraining devices or other kinds of equipment 
that should be on aircraft;
    5. The types and numbers of firearms that should be carried on 
aircraft for use by qualified pilots and the types of ammunition;
    6. The amount and type of weapons training that we should require, 
including whether there should be initial and recurrent training.
    7. How the less-than-lethal weapons and firearms should be carried, 
stored, maintained (if necessary), and accessed on the aircraft.
    8. What types of aircraft modifications we should require when 
aircraft are equipped with less-than-lethal weapons or firearms, such 
as modifications to ventilation or avionics systems;
    9. Whether the qualifications for using less-than-lethal weapons or 
firearms should be integrated into the existing systems for 
establishing and maintaining airman qualifications, such as pilot 
certificates and ratings;
    10. The circumstances under which less-than-lethal weapons may be 
used;
    11. How to identify individuals who are willing to provide 
emergency services on commercial flights;
    12. Whether to maintain a registry of some or all of these 
individuals;
    13, The minimum qualifications of those who would provide emergency 
services on commercial air flights; and
    14. The type of training providers of emergency services on 
commercial air flights should have.
    We invite the public to raise any additional issues or concerns 
related to these issues, including any other factors that we should 
consider addressing in our recommendations.

    Issued in Washington, DC, on December 21, 2001.
James J. Ballough,
Director, Flight Standards Service.
[FR Doc. 01-32040 Filed 12-28-01; 8:45 am]
BILLING CODE 4910-13-M