Certification of Screening Companies

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 x-ray 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]

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