Monday, September 20, 2004 Part V Department of Homeland Security Transportation Security Administration 49 CFR Part 1552 Flight Training for Aliens and Other Designated Individuals; Security Awareness Training for Flight School Employees; Interim Rule VerDate jul<14>2003 15:47 Sep 17, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\20SER2.SGM 20SER2 56324 Federal Register / Vol. 69, No. 181 / Monday, September 20, 2004 / Rules and Regulations DEPARTMENT OF HOMELAND this rulemaking, using any one of the TSA–14, 601 South 12th Street, SECURITY following methods: Arlington, VA 22202; telephone: (571) Comments Filed Electronically: You 227–2323; e-mail: [email protected]. Transportation Security Administration may submit comments through the For questions related to security docket Web site at http://dms.dot.gov. awareness training: Michael Derrick, 49 CFR Part 1552 Please be aware that anyone is able to Office of Aviation Initiatives, search the electronic form of all Transportation Security Administration [Docket No. TSA–2004–19147] comments received into any of our Headquarters, West Building, Floor 11, dockets by the name of the individual TSA–9, 601 South 12th Street, RIN 1652–AA35 submitting the comment (or signing the Arlington, VA 22202–4220; telephone: Flight Training for Aliens and Other comment, if submitted on behalf of an (571) 227–1198; e-mail: Designated Individuals; Security association, business, labor union, etc.). [email protected]. Awareness Training for Flight School You may review the applicable Privacy For legal questions: Dion Casey, Employees Act Statement published in the Federal Office of Chief Counsel, Transportation Register on April 11, 2000 (65 FR Security Administration Headquarters, AGENCY: Transportation Security 19477), or you may visit http:// West Building, Floor 8, TSA–2, 601 Administration (TSA), Department of dms.dot.gov. South 12th Street, Arlington, VA 22202; Homeland Security (DHS). You also may submit comments telephone: (571) 227–2663; e-mail: ACTION: Interim final rule; request for through the Federal eRulemaking portal [email protected]. comments. at http://www.regulations.gov. SUPPLEMENTARY INFORMATION: Comments Submitted by Mail, Fax, or SUMMARY: In response to recent statutory In Person: Address or deliver your Comments Invited requirements, the Transportation written, signed comments to the Docket As required by Section 612 of Vision Security Administration is requiring Management System, U.S. Department 100—Century of Aviation flight schools to notify TSA when aliens of Transportation, Room Plaza 401, 400 Reauthorization Act,1 this final rule is and other individuals designated by Seventh Street, SW., Washington, DC being adopted without prior notice and TSA apply for flight training. TSA is 20590–0001; Fax: (202) 493–2251. prior public comment. However, to the establishing standards relating to the Comments that include trade secrets, maximum extent possible, operating security threat assessment process that confidential commercial or financial administrations within DHS will TSA will conduct to determine whether information, or sensitive security provide an opportunity for public such individuals are a threat to aviation information (SSI) should not be comment on regulations issued without or national security, and thus prohibited submitted to the public regulatory prior notice. Accordingly, TSA invites from receiving flight training. In docket. Please submit such comments interested persons to participate in this addition, TSA is establishing a fee to separately from other comments on the rulemaking by submitting written cover a portion of the costs of the rule. Comments containing trade comments, data, or views. We also security threat assessments that TSA secrets, confidential commercial or invite comments relating to the will perform under this rule. Finally, financial information, or SSI should be economic, environmental, energy, or TSA is establishing standards relating to appropriately marked as containing federalism impacts that might result security awareness training for certain such information and submitted by mail from this rulemaking. See ADDRESSES flight school employees. These to the individual(s) listed in FOR above for information on where to requirements will help ensure that FURTHER INFORMATION CONTACT. submit comments. individuals who intend to use aircraft to Reviewing Comments in the Docket: Comments that include trade secrets, perform terrorist attacks in the U.S. do You may review the public docket confidential commercial or financial not obtain flight training that would containing comments in person in the information, or SSI should not be enable them to do so. These Dockets Office between 9 a.m. and 5 submitted to the public regulatory requirements also will improve security p.m., Monday through Friday, except docket. Please submit such comments at flight schools. Federal holidays. The Dockets Office is separately from other comments on the DATES: Effective Date: This rule is located on the plaza level of the NASSIF rule. Comments containing this type of effective September 20, 2004. Building at the Department of information should be appropriately Compliance Dates: Flight schools that Transportation address above. Also, you marked and submitted to the address provide, and individuals who apply for, may review public dockets on the specified in the ADDRESSES section. flight training in the operation of aircraft Internet at http://dms.dot.gov. Upon receipt of such comments, TSA with a maximum certificated takeoff See SUPPLEMENTARY INFORMATION for will not place the comments in the weight of greater than 12,500 pounds format and other information about public docket and will handle them in must comply with the requirements of comment submissions. accordance with applicable safeguards this rule regarding such training FOR FURTHER INFORMATION CONTACT: For and restrictions on access. TSA will beginning October 5, 2004. Flight questions related to flight training for hold them in a separate file to which the schools that provide, and individuals aliens: Timothy Upham, Credentialing public does not have access, and place who apply for, flight training in the Program Office, Transportation Security a note in the public docket that TSA has operation of aircraft with a maximum Administration Headquarters, East received such materials from the certificated takeoff weight of 12,500 Building, Floor 8, TSA–19, 601 South commenter. If TSA receives a request to pounds or less must comply with the 12th Street, Arlington, VA 22202; examine or copy this information, TSA requirements of this rule regarding such telephone: (571) 227–3940; e-mail: will treat it as any other request under training beginning October 20, 2004. [email protected]. the Freedom of Information Act (FOIA) Comment Date: Comments must be For questions related to fees: Randall (5 U.S.C. 552) and the Department of received by October 20, 2004. Fiertz, Office of Revenue, ADDRESSES: You may submit comments, Transportation Security Administration 1 Pub. L. 108–176, December 12, 2003, 117 Stat. identified by the TSA docket number to Headquarters, West Building, Floor 12, 2490. VerDate jul<14>2003 15:47 Sep 17, 2004 Jkt 203001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\20SER2.SGM 20SER2 Federal Register / Vol. 69, No. 181 / Monday, September 20, 2004 / Rules and Regulations 56325 Homeland Security’s FOIA regulation regulations within TSA’s jurisdiction. screened, was issued on February 13, found in 6 CFR part 5. Any small entity that has a question 2003. Thus, DOJ has performed this With each comment, please include regarding this document may contact screening function for over a year. In your name and address, identify the the persons listed in the FOR FURTHER developing this rule, TSA consulted docket number at the beginning of your INFORMATION CONTACT section for with DOJ to address stakeholder comments, and give the reason for each information or advice. You may obtain concerns with the DOJ screening comment. The most helpful comments further information regarding SBREFA program. TSA also met with flight reference a specific portion of the rule, on the Small Business Administration’s training providers, aircraft explain the reason for any Web page at http://www.sba.gov/advo/ manufacturers, and other stakeholders recommended change, and include laws/law_lib.html. to identify their areas of concern. As a supporting data. You may submit result, TSA’s issuance of this interim Good Cause for Immediate Adoption comments and material electronically, final rule is not likely to have significant in person, by mail, or fax as provided This action is being taken without adverse impacts on the regulated under ADDRESSES, but please submit providing the opportunity for prior community. your comments and material by only notice and public comment. Section 612 For these reasons, TSA finds that one means. If you submit comments by requires TSA to promulgate an interim notice and public comment to this final mail or delivery, submit them in two final rule (IFR) implementing the rule are impracticable, unnecessary, and copies, in an unbound format, no larger requirements of Section 612, including contrary to the public interest. However, than 8.5 by 11 inches, suitable for the fee provisions, not later than 60 days TSA is requesting public comments on copying and electronic filing. after the enactment of Vision 100. See all aspects of the rule. If, based upon If you want the TSA to acknowledge the Background section below for a information provided in public receipt of your comments on this more detailed description of the Section comments, TSA determines that rulemaking, include with your 612 requirements. changes to the rule are necessary to comments a self-addressed, stamped TSA also believes there is good cause address transportation security more postcard on which the docket number under Section 553(b) of the effectively, or in a less burdensome but appears. We will stamp the date on the Administrative Procedure Act (APA) (5 equally effective manner, the agency postcard and mail it to you. U.S.C. 553) for issuing an interim final will not hesitate to make such changes.