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67382 Federal Register / Vol. 67, No.

214 / Tuesday, November 5, 2002 / Proposed Rules

Comments close of business on the comment 2. Section 571.3 is amended by


closing date indicated above under adding a definition of ‘‘Multifunction
How Do I Prepare and Submit
DATES. To the extent possible, we will school activity bus’’ to paragraph (b), in
Comments?
also consider comments that Docket the appropriate alphabetical order, to
Your comments must be written and Management receives after that date. If read as follows:
in English. To ensure that your Docket Management receives a comment
comments are correctly filed in the too late for us to consider it in § 571.3 Definitions.
Docket, please include the docket developing a final rule (assuming that * * * * *
number of this document in your one is issued), we will consider that (b) * * *
comments. comment as an informal suggestion for Multifunction school activity bus
Your comments must not be more future rulemaking action. (MFSAB) means a school bus with a
than 15 pages long. (49 CFR 553.21). We gross vehicle weight rating of 6,804
established this limit to encourage you How Can I Read the Comments kilograms (15,000 pounds) or less whose
to write your primary comments in a Submitted by Other People? purposes do not include transporting
concise fashion. However, you may You may read the comments received students to and from home.
attach necessary additional documents by Docket Management at the address * * * * *
to your comments. There is no limit on given above under ADDRESSES. The 3. Section 571.108 is amended by
the length of the attachments. hours of the Docket are indicated above revising the introductory sentence in
Please submit two copies of your in the same location. S5.1.4 to read as follows:
comments, including the attachments, You may also see the comments on
to Docket Management at the address the Internet. To read the comments on § 571.108 Standard No. 108, Lamps,
given above under ADDRESSES. the Internet, take the following steps: reflective devices, and associated
1. Go to the Docket Management equipment.
You may also submit your comments
to the docket electronically by logging System (DMS) Web page of the * * * * *
onto the Dockets Management System Department of Transportation (http:// 5.1.4 Except for multifunction school
website at http://dms.dot.gov. Click on dms.dot.gov/). activity buses, each school bus shall be
‘‘Help & Information’’ or ‘‘Help/Info’’ to 2. On that page, click on ‘‘search.’’ equipped with a system of either:
obtain instructions for filing the 3. On the next page (http:// * * * * *
document electronically. dms.dot.gov/search/), type in the four- 4. Section 571.131 is amended by
digit docket number shown at the revising S3 to read as follows:
How Can I Be Sure That my Comments beginning of this document. Example: If
Were Received? the docket number were ‘‘NHTSA– § 571.131 Standard No. 131, School bus
1998–1234,’’ you would type ‘‘1234.’’ pedestrian safety devices.
If you wish Docket Management to
notify you upon its receipt of your After typing the docket number, click on * * * * *
comments, enclose a self-addressed, ‘‘search.’’ S3. Application. This standard
stamped postcard in the envelope 4. On the next page, which contains applies to school buses other than
containing your comments. Upon docket summary information for the multifunction school activity buses.
receiving your comments, Docket docket you selected, click on the desired * * * * *
Management will return the postcard by comments. You may download the
Issued on: October 29, 2002.
mail. comments. Although the comments are
imaged documents, instead of word Noble N. Bowie,
How Do I Submit Confidential Business processing documents, the ‘‘pdf’’ Acting Associate Administrator for
Information? versions of the documents are word Rulemaking.
searchable. [FR Doc. 02–27996 Filed 11–4–02; 8:45 am]
If you wish to submit any information
under a claim of confidentiality, you Please note that even after the BILLING CODE 4910–59–P

should submit three copies of your comment closing date, we will continue
complete submission, including the to file relevant information in the
Docket as it becomes available. Further, DEPARTMENT OF TRANSPORTATION
information you claim to be confidential
business information, to the Chief some people may submit late comments.
Accordingly, we recommend that you Transportation Security Administration
Counsel, NHTSA, at the address given
above under FOR FURTHER INFORMATION periodically check the Docket for new
material. 49 CFR 1520, 1540, 1542, 1544, 1546,
CONTACT. In addition, you should and 1548
submit two copies, from which you List of Subjects in 49 CFR Part 571
have deleted the claimed confidential RIN 2110–AA15 and 2110–AA16
Imports, Motor vehicle safety, Motor
business information, to Docket vehicles, Rubber and rubber products, Security of Checked Baggage on
Management at the address given above Tires. Flights Within the United States;
under ADDRESSES. When you send a
In consideration of the foregoing, it is Certification of Screening Companies;
comment containing information
proposed that the Federal Motor Vehicle Notice of Rulemaking Status
claimed to be confidential business
Safety Standards (49 CFR part 571), be
information, you should include a cover AGENCY: Transportation Security
amended as set forth below.
letter setting forth the information Administration (TSA), DOT.
specified in our confidential business PART 571—FEDERAL MOTOR ACTION: Notice of rulemaking status.
information regulation. (49 CFR part VEHICLE SAFETY STANDARDS
512.) SUMMARY: This notice provides
1. The authority citation for part 571 information on the status of two notices
Will the Agency Consider Late continues to read as follows: of proposed rulemaking (NPRMs),
Comments? entitled ‘‘Security of Checked Baggage
Authority: 49 U.S.C. 322, 30111, 30115,
We will consider all comments that 30117, and 30166; delegation of authority at on Flights Within the United States’’
Docket Management receives before the 49 CFR 1.50. and ‘‘Certification of Screening

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Federal Register / Vol. 67, No. 214 / Tuesday, November 5, 2002 / Proposed Rules 67383

Companies,’’ which were published by select passengers (selectees) whose sector to the federal government. See 49
the Federal Aviation Administration checked baggage would be subjected to U.S.C. 114. As a result of this change,
(FAA) but now are within TSA’s additional security measures. The the two NPRMs discussed above have
authority as a result of the passage of the proposed rule also would have required become obsolete.
Aviation and Transportation Security aircraft operators to use FAA-certified
Because the two FAA NPRMs
Act. On February 22, 2002, TSA explosives detection system (EDS)
addressed civil aviation security under
published a final rule transferring FAA’s equipment, where available, to screen
rules governing civil aviation security to selectee baggage, or conduct 100 percent parts 108, and 129, responsibility for
TSA. The purpose of this document is passenger-to-baggage matching (PBM). those proposed changes also transferred
to inform the public that TSA will take The proposed rule would have applied to TSA. The Screening Company NPRM
no further action on these two NPRMs to each scheduled flight segment within also proposed to add a new part 111 that
issued by FAA. the United States when using aircraft would have implemented requirements
FOR FURTHER INFORMATION CONTACT: having a seating configuration of 61 or for screening company security. ATSA
Angela Anderson, TSA–2 Chief more passenger seats. changed the screening requirements in
Counsel, Transportation Security The FAA received 605 comments on section 110(b), codified at 49 U.S.C.
Administration, 400 Seventh Street, the NPRM. These comments can be 44901(a), which now require Federal
SW., Washington, DC 20590; telephone viewed by going to the search function employees to carry out the screening;
(202) 385–1641. of the Department of Transportation’s and in section 108 which requires
SUPPLEMENTARY INFORMATION electronic Docket Management System establishment of a pilot program for
(DMS) Web page (http://dms.dot.gov/ some screening to be done by private
Background search) and typing in the last four digits companies under contract to TSA. With
On November 19, 2001, Congress of the docket number: FAA–1999–5536. all of these changes being made TSA has
enacted Public Law 107–71, 115 Stat. Certification of Screening Companies no need to regulate screening companies
597, the Aviation and Transportation using the proposed rule. For TSA
Security Act (ATSA), which transferred On January 5, 2000, the FAA
published an NPRM titled, employees who screen, TSA will use
authority over civil aviation security internal policies for screening. We will
from FAA to TSA. In section 101(f), ‘‘Certification of Screening Companies’’
(65 FR 560). The proposed rule would use contract provisions to govern the
ATSA transferred FAA’s authority in
have required companies that perform screening conducted by contractors
Chapter 449, Title 49 United States
aviation security screening for air under the pilot program.
Code (U.S.C.), to issue aviation security
regulations to TSA. On February 22, carriers to be certificated by the FAA The ATSA also requires that all
2002, the TSA and FAA published a and meet enhanced requirements. It checked baggage, not just baggage
final rule titled ‘‘Civil Aviation Security would have increased qualifications for checked by CAPPS selectees, be
Rules’’ (67 FR 8340), transferring the managers, instructors, and screeners, inspected using explosive detection
regulations at 14 CFR parts 107, 108, and would have required the use of systems. See 49 U.S.C. 44901(d), as
109 and 191 to 49 CFR parts 1540, 1542, threat image projection (TIP) for all X- amended by ATSA section 110(b).
1544, 1548 and 1520 and §§ 129.25 and ray and EDS equipment. The proposed Further, Federal employees must do the
129.26 to part 1546. rule also would have made screening inspection. TSA is working to install
The purpose of this notice is to inform companies directly accountable to the equipment and to hire the screeners to
the public that TSA will take no further FAA, with air carriers continuing to meet these requirements. In addition,
action on the two outstanding FAA oversee the operations of their screening TSA must use CAPPS to evaluate all
NPRMs described below. companies. passengers before boarding, not only
The FAA received 31 comments on
Security of Checked Baggage on Flights those who are checking bags. See 49
the NPRM. These comments can be
Within the United States U.S.C. 44903(i)(2). This requirement is
viewed by going to the search function
On April 19, 1999, the FAA published now being met. Accordingly, the
of the Department of Transportation’s
an NPRM titled, ‘‘Security of Checked electronic Docket Management System proposals in the NPRM are obsolete, and
Baggage on Flights Within the United (DMS) Web page (http://dms.dot.gov/ the rule is not needed for TSA to use
States’’ (64 FR 19220). The proposed search) and typing in the last four digits CAPPS fully and effectively.
rule would have required each aircraft of the docket number: FAA–1999–6673. For these reasons, TSA will take no further
operator with an FAA-approved security actions on these two NPRMs.
program to use the Computer-Assisted TSA Determination To Take No Further
Action Issued in Washington, DC, on October 23,
Passenger Screening (CAPS) 1 system to 2002.
The ATSA mandated sweeping
Francine J. Kerner,
1 The NPRM used the term ‘‘Computer-Assisted
changes to security requirements for the
Passenger Screening’’ system but the term used to civil aviation system, including the Chief Counsel.
describe this system has since been changed to
Computer-Assisted Passenger Prescreening System transfer of responsibility for passenger [FR Doc. 02–27842 Filed 11–4–02; 8:45 am]
(CAPPS). and baggage screening from the private BILLING CODE 4110–62–P

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