Aviation Finance (how are we going to pay for it?)

From the GAO.

Airworthiness

General Aviation Bulletin.

testing

one two three

Isaac Yeffet, former El Al Air Security Officer says TSA lacks urgency

Former El Al Security Chief not convinced.

Former Head of EL Al Isaac Yeffet

Isaac Yeffet, former security chief for Isreal's El Al Airlines and now a private consultant criticized the TSA for what he termed its "lack of urgency" with respect to the air cargo vetting problem, citing a recent leaked report that undercover agents were able to smuggle prohibited items past the EWR screeners in 20 out of 22 attempts.

See his 2002 interview via PBS:

Isaac Yeffet.

Former Security Chief for El Al

Isaac Yeffet, former security chief for Isreal's El Al Airlines and now a private consultant criticized the TSA for what he termed its "lack of urgency" with respect to the air cargo vetting problem, citing a recent leaked report that undercover agents were able to smuggle prohibited items past the EWR screeners in 20 out of 22 attempts.

See his 2002 interview via PBS:

Isaac Yeffet.

Former Security Chief for El Al

Isaac Yeffet, a former security chief for El Al, Israel's National Carrier, criticized the TSA for what he called a lack of urgency in addressing the air cargo problem, citing a leaked report that undercover agents were able to smuggle prohibited items past the EWR in 20 out of 22 attempts.

See an illuminating 2002 interview via PBS with this security expert:

Isaac Yeffet's interview on Airport Security.

Air Cargo Security Report Card gets D+

From the Council on Foreign Relations Think Tank. Deadline for background checks of air cargo shippers pushed back to mid-2007.

get your fake boarding pass here!

Testing.

Program is by definition UNRELIABLE

Kip Hawley, who heads up the three programs via the TSA dealing with Transportation Security (Transportation Worker Identity Credential, Secure Flight and Registered Traveler) told reports recently that the three programs are back on track after extensive delays and missed deadlines costing taxpayers in excess of $200 million. Hawley said that all three programs are by their very nature "expensive and use UNRELIABLE advanced technology". Nevertheless, Hawley voiced his confidence that Registered Traveler, at least, will bear fruit, since it has been farmed out to PRIVATE companies. The upshot of this is, you realize, that we the taxpayer funded the research and development of PRIVATE for PROFIT enterprises. Not bad work if you can get it.

I love Paris in the winter (Feb 2007)

Registered Traveler Forum (Paris February 2007): Increasing security while facilitating travel

[10/26/06]
Wise Media S.p.A. is proud to announce the creation of the Registered Traveler Forum, the first global platform to focus on the most relevant opportunities and issues relating to the introduction of Registered Traveler (RT) programs worldwide. The Registered Traveler Forum is endorsed by the European Commission and opens its doors in Paris for a two-day global summit on Wednesday, February 28th, 2007.

"The European Commission has only recently launched a preliminary study to assess the impact and feasibility of setting up such a program from a legal, social and economic perspective", comments Dr Frank Paul, Head of Large-scale IT Systems Unit, EC Directorate-General Justice, Security and Freedom. "Only if the results of the study are positive will the decision of whether or not to launch a Registered Traveler program at EU level need to be taken. Should such a program be implemented, one of the aims would certainly be to achieve interoperability across EU airports - not only with chip cards but, if a decentralized solution should be implemented, in terms of processes as well. A first step towards ensuring this would be to develop a common agreement and support for such a program, involving all Member States, ensuring that common standards and procedures are implemented across the Union. In the future, we may envision working together with other nations where registered traveler programs are up and running."

"The Registered Traveler Forum welcomes key players from all countries involved in the creation and operation of RT programs", says Sophie B. de la Giroday, President of Wise Media. "It will be attended by government representatives, border security and immigration officials, law enforcement and asylum authorities, airport authorities, frequent flyer program operators, embassy and consulate personnel, supporting organizations, as well as technology vendors and experts."

RT programs increase security, while facilitating travel for passengers who have voluntarily submitted their biometric data and successfully completed a thorough
background check and security threat assessment. The Registered Traveler Forum, organized by Wise Media, is the first global initiative designed to showcase, thanks to a comprehensive conference program and live demonstrations, the technologies and solutions available to provide expedited security screening at airports to passengers.

The Registered Traveler Forum will go live with a two-day conference and exhibition in Paris at the Marriott Paris Rive Gauche on February 28th. For further information visit www.registered-traveler-forum.com

The Registered Traveler Forum will premiere at ID WORLD 2006 in Milan on Thursday, November 30th, with a dedicated session held during the Global Security Forum conference. See the ID WORLD 2006 conference program at www.idworldonline.com

About the Registered Traveler Forum

The Registered Traveler Forum, organized by Wise Media, is the first global initiative designed to showcase, thanks to a comprehensive conference program and live demonstrations, the technologies and solutions available to provide expedited security screening at airports to passengers. The Registered Traveler Forum is endorsed by the European Commission and is the first global platform to focus on the most relevant opportunities and issues relating to the introduction of Registered Traveler programs worldwide. For further information visit: www.registered-traveler-forum.com

About ID WORLD Events

ID WORLD is the first global technology agnostic initiative on automatic identification addressing all vertical markets. Organized by Wise Media, ID WORLD events focus on segments in which automatic identification expresses its revolutionary potential. Alongside the annual world summit ID WORLD International Congress, Wise Media organizes the following vertical forums: Electronic Passport Forum, Global Security Forum, Smart Supply Chain Forum and Registered Traveler Forum. For further information visit: www.idworldonline.com

Air Cargo Threat Assessment

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

[Federal Register: October 25, 2006 (Volume 71, Number 206)]
[Rules and Regulations]
[Page 62545-62550]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25oc06-8]


[[Page 62545]]

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

Part IV





Department of Homeland Security





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



Transportation Security Administration



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



49 CFR Parts 1544, 1546, and 1548



Air Cargo Security Requirements; Compliance Dates; Amendment; Interim
Final Rule


[[Page 62546]]


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

DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration

49 CFR Parts 1544, 1546, and 1548

[Docket No. TSA-2004-19515; Amendment Nos. 1544-6, 1546-3, and 1548-3]
RIN 1652-AA52


Air Cargo Security Requirements; Compliance Dates; Amendment

AGENCY: Transportation Security Administration (TSA), DHS.

ACTION: Interim final rule; request for comments.

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

SUMMARY: This interim final rule (IFR) amends the Air Cargo Security
Requirements final rule (Air Cargo Final Rule) (published May 26, 2006,
and corrected in June 2006) by extending the compliance dates by which
certain requirements must be completed. TSA has concluded that the
regulated community will be unable to meet some deadlines in the Air
Cargo Final Rule because of the large number of employees and agents
subject to the requirements. TSA is, therefore, extending dates for the
following requirements: That aircraft operators, foreign air carriers,
and indirect air carriers (IACs) ensure that their employees and agents
with unescorted access to cargo successfully complete a Security Threat
Assessment (STA); that IACs ensure that their employees and agents
performing security-related duties are trained in the IAC's security
program; and that airport operators ensure that individuals with
unescorted access to expanded Security Identification Display Areas
(SIDA) are subjected to a criminal history records check (CHRC) and a
name-based security threat assessment (STA), receive proper security
training, and hold appropriate personnel identification.

DATES: Effective Date: This rule is effective October 23, 2006.
Comment Date: Comments must be received by December 26, 2006.
Compliance Dates: Compliance date for STAs for employees under
Sec. Sec. 1544.228, 1546.213, 1548.15, and for IAC proprietors,
general partners, officers, directors and certain owners of the entity
under Sec. 1548.16: Changed from December 1, 2006 to March 15, 2007.
Compliance date for STAs for agents under Sec. Sec. 1544.228,
1546.213 and 1548.15: Changed from December 1, 2006 to June 15, 2007.
Compliance date for training of IAC employees under Sec. Sec.
1548.11: Remains November 22, 2006.
Compliance date for training of IAC agents Sec. Sec. 1548.11:
Changed from November 22, 2006 to June 15, 2007.
Compliance date for submission and approval of extension of Secure
Identification Display Area (SIDA) boundaries to cargo areas under
Sec. 1542.205(a)(2) and (3): Remains October 23, 2006.
Compliance date for full compliance with requirements for
individuals with unescorted access to expanded SIDA under Sec. Sec.
1542.205(b)(2), 1542.209, 1542.211, 1542.213, and Security Directives:
Changed from October 23, 2006 to January 22, 2007.

ADDRESSES: You may submit comments, identified by the TSA docket number
to this rulemaking, using any one of the following methods:
Comments Filed Electronically: You may submit comments through the
docket Web site at http://dms.dot.gov You also may submit comments through the Federal Rulemaking portal at http://www.regulations.gov.

Comments Submitted by Mail, Fax, or In Person: Address or deliver
your written, signed comments to the Docket Management System, U.S.
Department of Transportation, Room Plaza 401, 400 Seventh Street, SW.,
Washington, DC 20590-0001; Fax: 202-493-2251.
See SUPPLEMENTARY INFORMATION for format and other information
about comment submissions.

FOR FURTHER INFORMATION CONTACT: Tamika McCree, Office of
Transportation Security Network Management (TSA-28), Transportation
Security Administration, 601 South 12th Street, Arlington, VA 22202;
(571-227-2632); tamika.mccree@dhs.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

This interim final rule is being adopted without prior notice and
prior public comment. However, to the maximum extent possible, TSA will
provide an opportunity for public comment on regulations issued without
prior notice. Accordingly, TSA invites interested persons to
participate in this rulemaking by submitting written comments, data, or
views. We also invite comments relating to the economic, environmental,
energy, or federalism impacts that might result from adopting the
proposals in this document. See ADDRESSES above for information on
where to submit comments.
With each comment, please include your name and address, identify
the docket number at the beginning of your comments, and give the
reason for each comment. The most helpful comments reference a specific
portion of the rulemaking, explain the reason for any recommended
change, and include supporting data. You may submit comments and
material electronically, in person, by mail, or fax as provided under
ADDRESSES, but please submit your comments and material by only one
means. If you submit comments by mail or delivery, submit them in two
copies, in an unbound format, no larger than 8.5 by 11 inches, suitable
for copying and electronic filing.
If you want TSA to acknowledge receipt of comments submitted by
mail, include with your comments a self-addressed, stamped postcard on
which the docket number appears. We will stamp the date on the postcard
and mail it to you.
TSA will file in the public docket all comments received by TSA,
except for comments containing confidential information and sensitive
security information (SSI).\1\ TSA will consider all comments received
on or before the closing date for comments and will consider comments
filed late to the extent practicable. The docket is available for
public inspection before and after the comment closing date.
---------------------------------------------------------------------------

\1\ ``Sensitive Security Information'' or ``SSI'' is information
obtained or developed in the conduct of security activities, the
disclosure of which would constitute an unwarranted invasion of
privacy, reveal trade secrets or privileged or confidential
information, or be detrimental to the security of transportation.
The protection of SSI is governed by 49 CFR part 1520.
---------------------------------------------------------------------------

Handling of Confidential or Proprietary Information and Sensitive
Security Information (SSI) Submitted in Public Comments

Do not submit comments that include trade secrets, confidential
commercial or financial information, or SSI to the public regulatory
docket. Please submit such comments separately from other comments on
the rulemaking. Comments containing this type of information should be
appropriately marked as containing such information and submitted by
mail to the address listed in FOR FURTHER INFORMATION CONTACT section.
Upon receipt of such comments, TSA will not place the comments in
the public docket and will handle them in accordance with applicable
safeguards and restrictions on access. TSA will hold them in a separate
file to which the public does not have access, and place a note in the
public docket that TSA has received such materials from the commenter.
If TSA receives a request to

[[Page 62547]]

examine or copy this information, TSA will treat it as any other
request under the Freedom of Information Act (FOIA) (5 U.S.C. 552) and
the Department of Homeland Security's (DHS's) FOIA regulation found in
6 CFR part 5.

Reviewing Comments in the Docket

Please be aware that anyone is able to search the electronic form
of all comments received into any of our dockets by the name of the
individual submitting the comment (or signing the comment, if submitted
on behalf of an association, business, labor union, etc.). You may
review the applicable Privacy Act Statement published in the Federal
Register on April 11, 2000 (65 FR 19477), or you may visit http://dms.dot.gov
.

You may review the comments in the public docket by visiting the
Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The Dockets Office is located on the plaza level of
the Nassif Building at the Department of Transportation address,
previously provided under ADDRESSES. Also, you may review public
dockets on the Internet at http://dms.dot.gov.


Availability of Rulemaking Document

You can get an electronic copy using the Internet by--
(1) Searching the Department of Transportation's electronic Docket
Management System (DMS) Web page (http://dms.dot.gov/search); (2) Accessing the Government Printing Office's Web page at http://

http://www.gpoaccess.gov/fr/index.html; or

(3) Visiting TSA's Security Regulations Web page at http://www.tsa.gov
and accessing the link for ``Research Center'' at the top

of the page.
In addition, copies are available by writing or calling the
individual in the FOR FURTHER INFORMATION CONTACT section. Make sure to
identify the docket number of this rulemaking.

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 FOR FURTHER INFORMATION
CONTACT. Persons can obtain further information regarding SBREFA on the
Small Business Administration's Web page at http://www.sba.gov/advo/law_lib.html
.


Background

On May 26, 2006, TSA published a final rule in the Federal Register
(71 FR 30478) on air cargo security requirements (Air Cargo Final Rule)
to enhance and improve the security of air cargo transportation.
Sections 1544.228, 1546.213, 1548.15, and 1548.16 of the final rule
incorrectly stated that the deadline for completion of the security
threat assessments (STAs) required by those sections was November 22,
2006 (71 FR 30478, 30511-12 and 30516). This conflicted with the DATES
section of the rule, which listed the compliance date for STAs as
December 1, 2006. On June 2, 2006, TSA issued a notice correcting the
deadline for STAs in the pertinent regulatory text to December 1, 2006
(71 FR 31964). Also, on June 8, 2006 (71 FR 33254), TSA published an
additional correction notice that added an amendatory instruction in
Sec. 1548.1 to remove the word ``passenger'' that had inadvertently
been included in the Air Cargo Final Rule.

Requirements of the Air Cargo Final Rule

The Air Cargo Final Rule, in part, requires that aircraft
operators, foreign air carriers, and indirect air carriers (IACs)
ensure that security threat assessments (STAs) are completed on their
employees and agents with unescorted access to cargo under Sec. Sec.
1544.228, 1546.213, and 1548.15, and on proprietors, general partners,
officers, directors, and certain owners of an IAC entity under Sec.
1548.16. The compliance date for these sections (following the June 2,
2006 correction) is December 1, 2006. In addition, Sec. 1548.11
requires that by November 22, 2006, IACs must ensure that no employee
or agent may perform any security-related duties under the IAC's
security program unless that employee or agent is properly trained.
Another requirement of the Air Cargo Final Rule provides that each
part of the air operations area in an airport that is regularly used to
load or unload cargo from an aircraft, and areas where cargo is present
after a carrier or IAC accepts it, must be a security identification
display area (SIDA) (See Sec. Sec. 1542.205(a)(2) and (3)). Under
requirements in effect before publication of the Air Cargo Final Rule,
airport operators must ensure that each individual with unescorted
access to the SIDA is subject to a criminal history records check
(CHRC), holds an appropriate identification, successfully completes
training in accordance with the TSA-approved curriculum, and undergoes
a name-based STA by TSA (See Sec. Sec. 1542.209, 1542.211 and
1542.213(b); and Security Directives).\2\ The current deadline for all
of the above SIDA requirements is October 23, 2006.
---------------------------------------------------------------------------

\2\ Security Directives constitute sensitive security
information (SSI) that can be disclosed only to persons with a need
to know, in accordance with 49 CFR part 1520.
---------------------------------------------------------------------------

On June 1, 2006, TSA issued proposed revised and new security
programs for aircraft operators, foreign air carriers (FACs), and IACs
that would implement the requirements of the Air Cargo Final Rule.\3\
TSA received extensive comments to the proposed revised and new
security programs.
---------------------------------------------------------------------------

\3\ Security programs constitute SSI that can be disclosed only
to persons with a need to know, in accordance with 49 CFR part 1520.
Therefore, the security programs could only be distributed to
affected aircraft operators, foreign air carriers, and IACs for
comment.
---------------------------------------------------------------------------

STAs and Training for Employees and Agents of Aircraft Operators,
Foreign Air Carriers, and IACs

Some commenters were very concerned about their ability to comply
with the deadlines for completion of STAs and training for the
employees and numerous agents of the regulated parties. Under the final
rule, the deadline for completion of training is November 22, 2006.
Agents are not direct employees of the air carriers, nor are they
directly regulated by TSA. Rather, ``agents'' are entities under
contract with the air carriers to perform a security responsibility.
For example, an IAC may contract with a cartage agent to move cargo
from a warehouse to an airport. An IAC may use the services of many
agents for cartage and warehousing, and each of those cartage and
warehousing agents may serve multiple IACs. IACs are responsible for
ensuring that their agents are properly trained to perform security
responsibilities, and actually carry out the IAC's security program.
Commenters raised concerns as to how these agents will determine
whether or not the driver picking up, or delivering cargo, actually has
undergone an STA and has been trained in the IAC security program. TSA
is enhancing the IAC Management System (IACMS) to process STA
applications and results, and is providing online training for
employees and agents. However, only IACs will have access to the IACMS
data base to determine if a driver has an STA. Commenters stated that
it would be helpful to have a system that will allow them to identify
and verify those individuals with the requisite STAs and training.
Otherwise, in order for an IAC to ensure compliance with the Air Cargo
Final Rule and their security program, the IAC would have to conduct an
STA

[[Page 62548]]

and train a driver who may already have undergone an STA and had the
training. This would be unnecessary and duplicative.
This is an important issue that bears both on the regulated
parties' compliance and on aviation security. In recognition of this
complex issue, and to facilitate a high level of compliance with the
requirements of the Air Cargo Final Rule, TSA is extending the
deadlines for STAs and training, as discussed below. TSA has provided
more time for the STAs and training of the agents of airport operators,
FACs and IACs than for employees because there are fewer employees than
agents, and airport operators and air carriers have more control over
their own direct employees, than agents.

CHRCs, STAs, and Identification Media for SIDA Access; Training

TSA has also received comments indicating that there will be
hundreds, if not thousands, of airport employees who will be affected
by the expansion of SIDA to include air operation areas regularly used
to load cargo on, or unload cargo from, an aircraft that is operated
under a full program or a full all-cargo program as specified in Sec.
1542.205. These comments indicate that it will not be possible to
subject each of these individuals to a CHRC, a name-based STA, SIDA
training, or the appropriate personnel identification requirements by
October 23, 2006.

Extension of Compliance Dates

For the above stated reasons, TSA has determined that the
compliance date for STAs for employees of aircraft operators, FACs, and
IACs under Sec. Sec. 1544.228, 1546.213, 1548.15, and 1548.16 will be
extended to March 15, 2007. STAs for agents of these entities will be
extended to June 15, 2007.
The compliance date of November 22, 2006 for training is still
applicable to employees of aircraft operators, foreign air carriers and
IACs under Sec. 1548.11. Because of the high volume of agents and the
complications associated with carriers trying to determine which agents
need STAs and training, however, TSA is extending the deadline for the
training of IAC agents from November 22, 2006 to June 15, 2007.
Based on comments received, TSA is also extending the deadlines for
subjecting each individual with unescorted access to a SIDA to a CHRC,
to a name-based STA, to SIDA training, or to personnel identification
requirements from October 23, 2006 to January 22, 2007. TSA is not
changing the compliance date for submission and approval of the new
SIDA boundaries, as there is no need to do so. Airport operators will
already know where cargo is present and being loaded and unloaded;
therefore, they will be able to comply with the October 23, 2006
compliance date.

Summary of Compliance Date Changes

TSA has made the following amendments to the Air Cargo Final Rule
text: \4---------------------------------------------------------------------------

\4\ All of the compliance dates were stated in the Air Cargo
Final Rule text, except the requirement that airport operators
extend the boundaries of the SIDA to cargo operations. The
compliance date for this requirement is the effective date of the
Air Cargo Final Rule: October 23, 2006.

----------------------------------------------------------------------------------------------------------------
Air Cargo Final Rule (May 26,
STAs/training and other requirements 2006), as amended (June 2, 2006), Amended compliance dates
compliance dates
----------------------------------------------------------------------------------------------------------------
STAs for employees of aircraft December 1, 2006................... March 15, 2007.
operators, foreign air carriers and
indirect air carriers (IACs) under
Sec. Sec. 1544.228, 1546.213,
1548.15.
STAs for agents of aircraft operators, December 1, 2006................... June 15, 2007.
foreign air carriers and IACs under
Sec. Sec. 1544.228, 1546.213,
1548.15.
STAs for IAC proprietors, general December 1, 2006................... March 15, 2007.
partners, officers, directors and
certain owners under Sec. 1548.16.
Training of IAC employees under Sec. November 22, 2006.................. Same.
1548.11.
Training of IAC agents under Sec. November 22, 2006.................. June 15, 2007.
1548.11.
Establishing the boundaries of SIDA October 23, 2006................... Same.
for air cargo areas under Sec.
1542.205(a)(2).
CHRC, training, name-based STAs, and October 23, 2006................... January 22, 2007.
ID requirements for individuals with
unescorted access to expanded SIDA
under Sec. Sec. 1542.205,
1542.209, 1542.211, 1542.213, and SDs.
----------------------------------------------------------------------------------------------------------------

Good Cause for Immediate Adoption and Immediate Effective Date

TSA is issuing this amendment without providing the public prior
notice and the opportunity for comment, and it has an effective date
less than 30 days after publication in the Federal Register.
Sections 553(b) and (d) of the Administrative Procedure Act (APA)
(5 U.S.C. 553) authorize agencies to dispense with certain notice
procedures for rules when they find good cause to do so. Under section
553(b), the requirements of notice and opportunity for comment do not
apply when the agency for good cause finds that those procedures are
``impracticable, unnecessary, or contrary to the public interest.''
Section 553(d) allows an agency, upon finding good cause, to make a
rule effective immediately, thereby avoiding the 30-day delayed
effective date requirement in section 553.
TSA finds that providing an opportunity for prior notice and public
comment on the extensions of the compliance dates in the provisions of
the Air Cargo Final Rule identified in the IFR is unnecessary and
contrary to the public interest. As detailed above, TSA believes that:
(a) Regulated parties will have significant difficulty in complying
with the regulations in the time specified; (b) no party will be
adversely affected by the extensions; (c) the lack of notice will not
cause any hardship; and (d) it would be impracticable to provide timely
notice and opportunity to comment prior to the implementation dates
currently set forth in the regulations.

Paperwork Reduction Act

The Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et seq.)
requires that a Federal agency 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. TSA has determined
that there are no current or new information collection requirements
associated with this rule.

[[Page 62549]]

Regulatory Analyses

Executive Order 12866 Assessment

In conducting these analyses, TSA has determined that this
rulemaking is not a ``significant regulatory action'' as defined in the
Executive Order.

Regulatory Flexibility Act

The Regulatory Flexibility Act of 1980 (RFA) (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), requires agencies to perform a review to determine
whether a proposed or final rule will have a significant economic
impact on a substantial number of small entities when the
Administrative Procedure Act (APA) requires notice and comment
rulemaking. Consistent with the APA and for the reasons provided under
``Good Cause for Immediate Adoption,'' TSA is issuing this rule as an
interim final rule. Accordingly, the regulatory flexibility analysis as
described in the RFA is not required.
TSA notes, however, that we have analyzed the small business
impacts of the air cargo rulemaking that this IFR amends. A Final
Regulatory Flexibility Analysis (FRFA) was placed on the public docket
in the Regulatory Impact Analysis document for the Air Cargo Final Rule
issued on May 26, 2006. The extension of the compliance dates in this
IFR provides more flexibility than the final rule.

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. Legitimate domestic objectives, such as safety, are not
considered unnecessary obstacles. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards. TSA has assessed the potential
effect of this rulemaking and has determined that it will not create
any unnecessary obstacles to foreign commerce.

Unfunded Mandates Assessment

The Unfunded Mandates Reform Act of 1995 is intended, among other
things, to curb the practice of imposing unfunded Federal mandates on
State, local, and tribal governments. Title II of the Act requires each
Federal agency to prepare a written statement assessing the effects of
any Federal mandate in a proposed or final agency rule 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; such a mandate is deemed to be a
``significant regulatory action.''
This rulemaking does not contain such a mandate. The requirements
of Title II of the Act, therefore, do not apply and TSA has not
prepared a statement under the Act.

Executive Order 13132, Federalism

TSA has analyzed this final rule under the principles and criteria
of Executive Order 13132, Federalism. We determined that this action
will not have a substantial direct effect on the States, or the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government, and, therefore, does not have federalism implications.

Environmental Analysis

TSA has reviewed this action for purposes of the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4347) and has
determined that this action will not have a significant effect on the
human environment.

Energy Impact Analysis

The energy impact of the action has been assessed in accordance
with the Energy Policy and Conservation Act (EPCA), Public Law 94-163,
as amended (42 U.S.C. 6362). We have determined that this rulemaking is
not a major regulatory action under the provisions of the EPCA.

List of Subjects

49 CFR Part 1544

Air carriers, Aircraft, Aviation safety, Freight forwarders,
Incorporation by reference, Reporting and recordkeeping requirements,
Security measures.

49 CFR Part 1546

Aircraft, Aviation safety, Foreign Air Carriers, Incorporation by
reference, Reporting and recordkeeping requirements, Security measures.

49 CFR Part 1548

Air transportation, Reporting and recordkeeping requirements,
Security measures.

The Amendment

0
For the reasons set forth above, the Transportation Security
Administration amends title 49 of the Code of Federal Regulations,
parts 1544, 1546, and 1548, as follows:

PART 1544--AIRCRAFT OPERATOR SECURITY: AIR CARRIERS AND COMMERCIAL
OPERATORS

0
1. 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.


0
2. Revise Sec. 1544.228(d) to read as follows:


Sec. 1544.228 Access to cargo: Security threat assessments for cargo
personnel in the United States.

* * * * *
(d) Operators must comply with the requirements of this section not
later than March 15, 2007, for direct employees and not later than June
15, 2007, for agents.

PART 1546--FOREIGN AIR CARRIER SECURITY

0
3. The authority citation for part 1546 continues to read as follows:

Authority: 49 U.S.C. 114, 5103, 40113, 44901-44905, 44907,
44914, 44916-44917, 44935-44936, 44942, 46105.


0
4. Revise Sec. 1546.213(d) to read as follows:


Sec. 1546.213 Access to cargo: Security threat assessments for cargo
personnel in the United States.

* * * * *
(d) Operators must comply with the requirements of this section not
later than March 15, 2007, for direct employees and not later than June
15, 2007, for agents.

PART 1548--INDIRECT AIR CARRIER SECURITY

0
5. The authority citation for part 1548 continues to read as follows:

Authority: 49 U.S.C. 114, 5103, 40113, 44901-44905, 44913-44914,
44916-44917, 44932, 44935-44936, 46105.


0
6. Revise Sec. 1548.11(d) to read as follows:


Sec. 1548.11 Training and knowledge for individuals with security-
related duties.

* * * * *
(d) Operators must comply with the requirements of this section not
later than November 22, 2006, for direct employees and not later than
June 15, 2007, for agents.


0
7. Revise Sec. 1548.15(d) to read as follows:


Sec. 1548.15 Access to cargo: Security threat assessments for
individuals having unescorted access to cargo.

* * * * *

[[Page 62550]]

(d) Operators must comply with the requirements of this section not
later than March 15, 2007, for direct employees and not later than June
15, 2007, for agents.


0
8. Revise Sec. 1548.16(a) to read as follows:


Sec. 1548.16 Security threat assessments for each proprietor, general
partner, officer, director, and certain owners of the entity.

(a) Each indirect air carrier, or applicant to be an indirect air
carrier, must ensure that each proprietor, general partner, officer,
director, and owner of the entity has successfully completed a Security
Threat Assessment under part 1540, subpart C, of this chapter. Each
indirect air carrier must comply with the requirements of this section
not later than March 15, 2007.
* * * * *

Issued in Arlington, Virginia, on October 20, 2006.
Robert D. Jamison,
Deputy Administrator.
[FR Doc. 06-8904 Filed 10-23-06; 2:47 pm]

BILLING CODE 9110-05-P

FAA seeks comment on raising age limit of pilots

Two OLD geezers?.

REvisiting US-Visit

From the RAND corp.

Implementing airports for RT

Airports that have applied to operate Registered Traveler programs:

Albany, N.Y.
Anchorage
Atlanta
Baltimore/Washington
Birmingham, Ala.
Chicago Midway
Chicago O'Hare
Cincinnati/Northern Kentucky
Denver
Huntsville, Ala.
Indianapolis
Jacksonville
Little Rock
Los Angeles
Miami
Pittsburgh
Reno-Tahoe
San Jose, Calif.
Springfield/Branson, Mo.
Waco, Texas
Washington Dulles
Washington Reagan

I told you so. . .

Terror Risk for E Passports.

Airport Security to get lazer guns

In England.

new website

Biometrics.GOV.

TWIC new GAO report

Transportation Security.

Wallet sized passport card for border residents?

17 October 2006



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

[Federal Register: October 17, 2006 (Volume 71, Number 200)]
[Proposed Rules]
[Page 60928-60932]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17oc06-35]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

22 CFR Parts 22 and 51

RIN 1400-AC22
[Public Notice 5558]


Card Format Passport; Changes to Passport Fee Schedule

AGENCY: State Department.

ACTION: Proposed Rule.

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

SUMMARY: Section 7209 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (IRTPA), Public Law 108-458, 118 Stat. 3638
(Dec. 17, 2004), provides that U.S. citizens and nonimmigrant aliens
may enter the U.S. only with passports or such alternative documents as
the Secretary of Homeland Security may designate as satisfactorily
establishing identity and citizenship. The statute requires that the
Secretary of Homeland Security, in consultation with the Secretary of
State, develop and implement a plan to require virtually all travelers
entering the U.S. to present a passport, other document, or combination
of documents, that are ``deemed by the Secretary of Homeland Security
to be sufficient to denote identity and citizenship. Section 7209
expressly limits the waiver of documentation requirements for U.S.
citizens under section 215 (b) of the Immigration and Nationality Act
(INA)\1\ and eliminates the waiver of documentation requirements for
categories of

[[Page 60929]]

individuals for whom documentation requirements have previously been
waived (citizens of Canada, Mexico, and Bermuda) under section 212
(d)(4) (B) of the INA.\2\ U.S. citizens and nonimmigrant aliens from
Canada, Mexico, and Bermuda will be required to comply with the new
document requirements of section 7209.\3\ The legislation also requires
that the Department of Homeland Security (DHS) and Department of State
seek to facilitate the frequent travel of those living in border
communities. This proposed rule addresses the travel facilitation
requirement of this legislation. The administration's proposal to
address the remainder of the legislative requirements as set forth in
section 7209, called the Western Hemisphere Travel Initiative (WHTI),
is being addressed in separate rulemakings.
---------------------------------------------------------------------------

\1\ 8 U.S.C. 1185 (b).
\2\ 8 U.S.C.1182 (d)(4)(B).
\3\ Section 7209 does not apply to Lawful Permanent Residents,
who will continue to be able to enter the U.S. upon presentation of
a valid Form I-551, Alien Registration Card, or other valid evidence
of permanent resident status. Section 211 (b) of the INA, 8 U.S.C.
1181(b). It also does not apply to alien members of U.S. Armed
Forces traveling under official orders. Section 284 of INA, 8 U.S.C.
1354. Additionally, section 7209 does not change current
requirements for nonimmigrant aliens from anywhere other than
Canada, Mexico, or Bermuda. See section 212 (d)(4)(B) of the INA, 8
U.S.C. 1182 (d)(4)(B) and 8 CFR 212.1.
---------------------------------------------------------------------------

The passport card is intended as a lower cost means of establishing
identity and nationality for American citizens in two limited
situations--for citizens crossing U.S. land borders and traveling by
sea between the U.S., Canada, Mexico, the Caribbean or Bermuda. The
passport card is not designed to be a globally interoperable travel
document as defined by the International Civil Aviation Organization
(ICAO). Designing a card format passport for wide use, including by air
travelers, would inadvertently undercut the broad based international
effort to strengthen civil aviation security and travel document
specifications to address the post 9/11 threat environment. Moreover,
in its recent consideration of the FY 2007 Appropriations Act for the
Department of Homeland Security, the Congress, while allowing for the
use of the passport card by citizens traveling by sea between the U.S.,
Canada, Mexico, the Caribbean or Bermuda, did not make parallel changes
regarding international air travel.

DATES: The Department of State will accept comments from the public up
to December 18, 2006.

ADDRESSES: You may submit comments, identified by any of the following
methods:
Mail (paper, disk, or CD-ROM submissions): Comments by
mail are to be addressed to the Office of Passport Policy, Planning and
Advisory Services, Bureau of Consular Affairs, U.S. Department of
State, 2100 Pennsylvania Ave. NW., Suite 300, Washington, DC 20037.
Internet: Comments by Internet are to be sent to http://www.regulations.gov/index.cfm.
This notice can also be viewed from this

Internet address.
Instructions: All submissions must include the agency name
and docket number. All comments will be posted without change to http://www.regulations.gov
, including any personal information sent with each

comment.

FOR FURTHER INFORMATION CONTACT: Consuelo Pachon, Office of Passport
Policy, Planning and Advisory Services, Bureau of Consular Affairs,
2100 Pennsylvania Avenue, NW., Suite 3000, Washington, DC, telephone
number 202-663-2431.

SUPPLEMENTARY INFORMATION: The U.S. passport is the premier document
for international travel by U.S. citizens and nationals because of its
security features, professional adjudication, name checking
conventions, and interoperability with global machine-readable
passports and Electronic Passport (ePassport) standards. Pursuant to 22
U.S.C. 211(a), the Secretary of State is charged with granting and
issuing U.S. passports. Consular officers of the Department of State
utilize information in the passport books when evaluating applications
for replacement passports and determining eligibility for overseas
citizens services. DHS and Customs and Border Protection (CBP) also
utilize this information in determining citizenship and identity at
ports of entry.
Many U.S. citizens are expected to apply for U.S. passports to
fulfill the document requirement of the WHTI program under Section 7209
of IRTPA. Passport Services is committed to meeting the increased
demand. Passport Services has seen an increase in passport demand from
a base level of seven million passports in 2003 to an expected total of
12-12.5 million in fiscal year 2006. Demand for passports is forecast
to continue to increase to 16 million or more in FY-2007 and
thereafter. However, the Department of State recognizes that there are
circumstances where, due to reasons of both cost and ease of use, the
traditional book-style U.S. passport may not be the optimal solution
for international travelers along the northern and southern land
borders of the U.S., or international sea travel between the U.S.,
Canada, Mexico, the Caribbean, and Bermuda. Therefore, the Department
of State, in consultation with the DHS, is proposing an alternative
format passport specifically designed for international land and sea
travel between the U.S., Canada, Mexico, the Caribbean, and Bermuda.

The Card Format Passport

The term ``passport'' means any travel document issued by the
competent authority of a sovereign nation showing the bearer's identity
and nationality that is deemed valid for the entry of the bearer into a
foreign country. 22 U.S.C. 211(a) provides that the Secretary of State
has the authority to issue passports for the U.S.
Executive Order No. 11295 of August 5, 1966, 31 FR 10603, provides
that the Secretary of State is designated and empowered to exercise the
authority of the President to designate and prescribe rules governing
the granting, issuing, and verifying of passports. 22 U.S.C. 2705
provides that a valid passport, if valid for the maximum period
permitted by law, has the same force and effect as proof of citizenship
as a certificate of naturalization or certificate of citizenship. Under
this proposed rule, passport cards, like passport books, would be
issued for a ten-year validity period for U.S. citizens sixteen years
old and older, and for a five-year validity period for U.S. citizens
less than 16 years of age. The Department of State proposes to utilize
the same application procedures and adjudication standards for the
passport book and card and to permit U.S. citizens to hold both a
passport book and card simultaneously. In addition, if a passport
applicant holds a valid passport book, the applicant may apply for a
passport card as a ``renewal'' and pay the lower renewal fee rate.
Because 22 U.S.C. 211(a) does not prescribe limitations on the
format of a passport, the Secretary of State proposes to issue a card
format for the passport, herein after referred to as the ``passport
card,'' for international land and sea travel between the U.S., Canada,
Mexico, the Caribbean, and Bermuda. The passport card will show the
bearer's origin, identity, and nationality and will be subject to
existing passport statutes. As with the passport book, the passport
card will be issued only to those owing

[[Page 60930]]

allegiance to the U.S.\4\ and will require a written application and
oath for first time applicants.\5\ There is precedence for limited use
passports. For example, The Department of State issues passports only
for one time use to allow the traveler to return to the U.S.
---------------------------------------------------------------------------

\4\ 22 U.S.C. 212.
\5\ 22 U.S.C. 213.
---------------------------------------------------------------------------

The passport card is designed specifically to address the needs and
travel patterns of those who live in land border communities and
frequently cross the border in their day-to-day activities. The
technical architecture of the passport card is designed to address the
operational needs of pedestrian and vehicular traffic in the land
border environment, and international sea travel as discussed herein,
but not the operational needs of inspection at airports. Moreover, the
passport card is intended not only to enhance security efforts for
international land and sea travel between the U.S., Canada, Mexico, the
Caribbean, and Bermuda, but is also intended to assist DHS in
expediting the movement of legitimate travel within the Western
Hemisphere.
In particular, the land border presents complex operational
challenges, in that a tremendous amount of traffic must be processed in
a short amount of time. There are often several passengers in a
vehicle, and multiple vehicles arriving at one time at each land border
port-of-entry. Many of the people encountered crossing at the land
border ports of entry are frequent crossers. However, CBP does not
receive advance information on these land border travelers. For these
reasons, the Department of State, in consultation with DHS, agreed to
develop a technology-based solution.
The passport card is designed and authorized for international land
and sea travel between the U.S., Canada, Mexico, the Caribbean, and
Bermuda and will not be a globally interoperable document. Therefore,
the ICAO standards and recommendations for globally interoperable
passports would not apply to passport cards. The passport card will be
a highly secure document with many features consistent with ICAO 9303
Part 3 definitions of TD-1 specifications. It will use a full facial
image printed on the card as the biometric identifier in conformity
with ICAO standards for ePassport images and utilize the international
standard for Machine Readable Zone (MRZ) encryption.
The data printed on the face of the passport card will be the same
as that currently shown on the data page of the U.S. passport--bearer's
facial image, full name, date and place of birth, passport card number,
dates of validity and issuing authority. The reverse side of the
passport card will carry a machine-readable zone and notation that the
card is valid only for international land and sea travel between the
U.S., Canada, Mexico, the Caribbean, and Bermuda. In addition, each
passport card will utilize Radio Frequency (RF) technology to store and
transmit only a unique reference number that will serve as a link to
information safeguarded in a secure database managed by CBP. This
reference number will be assigned by Department of State at the time
the passport card is issued and no personal or biographic information
will be stored or transmitted using Radio Frequency (RF) technology.
Presenting the passport card will allow the linked information to be
retrieved from the secure DHS database to allow the CBP officer to
compare the citizen presenting him or herself for entry into the U.S.
with the original issuance record to ensure that it is the same person.
This database could include additional information, for example,
information about the bearer's membership in one of CBP's international
trusted traveler programs, NEXUS, SENTRI, or FAST.

Technology Considered for the Passport Card

The Department of State, in consultation with the DHS, has sought
both to ensure the privacy of U.S. citizens' personal information and
to facilitate the travel of U.S. citizens in connection with the
operational requirements for security and facilitation of travel at
especially at land border ports of entry. After reviewing a number of
options to provide the CBP officer with appropriate personal
information to facilitate the processing of travelers, we believe that
the most promising technology is Radio Frequency (RF) technology. This
technology utilizes a passive chip deriving its power from the reader
that communicates with it. We focused on RF vicinity read (GEN 2)
technology and RF proximity read technology.

RF Vicinity Read (GEN-2) Technology

RF vicinity read technology conforms to International Standards
Organization (ISO) 18000 6-C specifications. Vicinity read technology
would allow the passport card data to be read at a distance of up to 20
feet from the reader. The vicinity read chip would contain only a
unique reference number that will serve as a link to information
safeguarded in a secure database managed by CBP. In addition to having
commercial applications, vicinity-read technology is currently being
used in a number of DHS programs. Operationally, it has similarities to
CBP land border international trusted traveler programs of NEXUS,
SENTRI, and FAST, and DHS's pilot electronic I-94 program currently in
place at several land border crossings in that it will only store and
transmit a unique reference number and no personal or biographic
information. Vicinity read technology is similar to that used in
highway toll systems throughout the U.S. From an operational sense,
this technology would allow passengers approaching a land crossing in
vehicles to present the passport card to the reader easily from within
the vehicle and these readers could process information from up to
eight cards at one time.
In addition, the use of vicinity technology would provide
information to border security personnel further in advance of a
traveler's arrival at an inspection booth, facilitate a faster
processing of individuals, and provide more opportunities to leverage
existing technologies, including programs such as CBP's Trusted
Traveler programs NEXUS, FAST, and SENTRI and use of the electronic I-
94.

RF Proximity Read Technology

RF proximity read technology conforms to International Standards
Organization (ISO) 14443 specifications. In addition to having
commercial applications, RF proximity read technology is currently
being used in the production of the U.S. ePassport, as well as
ePassports of those nations participating in the Visa Waiver Program.
The ISO 14443 specification requires the proximity chip to be read
within approximately four inches of the reader. Similar to the vicinity
RF read technology described above, the RF proximity read chip would
contain only a unique reference number to be used as a pointer to a
secure database managed by CBP. From an operational sense, this
technology would require passengers approaching a land crossing in
vehicles to present the passport card in close proximity to the reader
outside the vehicle and these readers could process information from a
small number of cards at a time.

The Passport Card Technology Selection

DHS selected RF vicinity read technology for its border management
system. To ensure compatibility and interoperability with the DHS
border management system, and to secure significant travel facilitation
advantages, the Department of State proposes to produce the passport
card utilizing RF vicinity read technology. The selection of vicinity
read technology for the

[[Page 60931]]

passport card was made in an effort to ensure a seamless operational
environment with DHS, and provides the infrastructure support to
strengthen our national security at U.S. land borders. The Department
of State proposes to produce the card and deliver them with a thin
protective sleeve, which is designed to protect the card from
unauthorized access. The card could be stored in the sleeve and removed
only when needed.
The Department of State solicits comments on the selection of RF
vicinity read technology for the passport card.

Obtaining the Passport Card

Both the passport card and the traditional passport book will be
issued on the basis of the same documentary requirements: Application
forms (DS-11 and DS-82), and adjudication standards for establishing
citizenship and identity. Building on existing infrastructure, the
Department of State will acquire the capability to produce the passport
card, while concurrently increasing capacity to produce traditional
passport books.
The U.S. Postal Service (USPS), and other designated local
government entities, partner with the Department of State in serving as
acceptance agencies for passport applications. Currently there are over
7,500 designated post offices and other passport acceptance facilities
nation-wide. Since the passport book and card will be processed using
the same infrastructure and same procedures prior to production of the
travel document itself, applicants will be able to submit applications
for passport cards through the network of passport acceptance agents.
The anticipated turn-around time for processing would be the same for
both the passport book and card. Citizens outside the U.S. will be able
to apply for the passport card at U.S. embassies or consulates abroad;
however, all passport cards will be produced in the U.S.
U.S. citizens will be able to hold both a passport card and a
traditional passport book concurrently. In addition, applications for a
passport book and card can be processed at the same time, using the
same form, photograph and supporting documentation. Further, where the
application is made for both the passport book and card, only one
execution fee will be assessed. Adult applicants with valid passports
may apply for passport cards as renewals, using form DS-82 (Passport
Applications by Mail), which do not require personal appearance or
execution of the passport application form. Details regarding
application procedures will be made available at the time the revised
passport applications are available. Like other full validity
passports, one can apply for the passport card at embassies and
consulates abroad. Passport cards applied for abroad will be delivered
in the same manner as passport books are delivered abroad. Passport
cards will not be issued abroad.
The fee for the passport book and passport card is determined based
on a cost of service analysis, consistent with OMB Circular A-25, User
Charges, to recover the costs of the services when a specific
beneficiary can be identified. In March 2006, Consular Affairs
contracted with an independent third party to review the last cost of
service study for passports (CY 2004), in light of WHTI, and the
increase in workload to enable the Department of State to determine
several fees including:
The cost for the new card-format passport, and
Whether the cost of the passport book could be reduced.

Application Fee for the Passport Card

Based on the recommendation of the independent third party, an
application fee of $20.00 is proposed for passport cards issued to
adults (age 16 and up), valid for ten years. A fee of $10.00 is
proposed for passport cards issued to minors (under age 16), valid for
five years. The basis of the passport card application fees is the
direct costs of producing passport cards, the card stock, technology,
adjudicating the application, printing the biographic information on
the card, and priority mail return of the card. Applicants will also be
required to pay the execution and expedite fees, if applicable. The
execution fee for persons seeking to apply for a passport card and
passport book will be $25.

Execution Fee

Certain applicants are required to execute the application DS-11 in
the presence of a passport acceptance agent, passport specialist, or
consular officer overseas. Therefore, the Department of State
separately reviewed the cost factors for the execution of passport
applications. By far, the largest number of first time passport
applications are made by those who appear in person at local USPS or
government offices, most often county clerks or clerks of the court.
The fee is retained by these designated passport acceptance facilities
to cover their costs of providing this service.
First time adult passport applicants and all minors under age 16
are required to apply in person. Adults applying for replacement
passports that have been lost, stolen or mutilated are also required to
appear in person, as are those holding expired passports issued more
than 15 years previously, or when the bearer was a minor.
The execution fee was set at $30.00 for each application during the
last cost of service study. Based on an internal review of our cost of
service, and information from the USPS, the Department of State is
proposing to reduce the execution fee to $25.00. All fees will be
subject to periodic review in the course of the Bureau of Consular
Affairs comprehensive cost of service studies to account for
operational changes, technological advances and economies of scale.

Application for Both Passport Book and Card

As noted above, a U.S. citizen will be able to apply for both a
passport book and passport card in the same application. The execution
fee will be assessed only once, although a separate application fee
will be assessed for each type of passport.

Regulatory Findings

Administrative Procedure Act

In accordance with provisions of the Administrative Procedure Act
governing rules promulgated by federal agencies that affect the public
(5 U.S.C. 552), the Department of State is publishing this proposed
rule and inviting public comment.

Regulatory Flexibility Act

The Department of State, in accordance with the Regulatory
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and, by
approving it, certifies that this rule will not have a significant
economic impact on a substantial number of small entities.

Unfunded Mandates Act of 1995

This rule does not involve a mandate that will result in the
expenditure by State, local, and tribal governments, in the aggregate,
or by the private sector, of $100 million or more in any year and it
will not significantly or uniquely affect small governments. Therefore,
no actions were deemed necessary under the provisions of the Unfunded
Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Act of 1996. This rule will not
result in an annual effect on the economy of $100

[[Page 60932]]

million or more; a major increase in costs or prices; or significant
adverse effects on competition, employment, investment, productivity,
innovation, or on the ability of U.S.-based companies to compete with
foreign-based companies in domestic and import markets.

Executive Order 12866

The Department of State has reviewed this proposed rule to ensure
its consistency with the regulatory philosophy and principles set forth
in Executive Order 12866. The Department does not consider the proposed
rule to be an economically significant regulatory action within the
scope of section 3(f)(1) of the Executive Order since it is not likely
to have an annual effect on the economy of $100 million or more or to
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities. However, the proposed rule does have important policy
implications. Accordingly, it has been provided to the Office of
Management and Budget (OMB) for review.

Executive Order 13132

This regulation will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with section 6
of Executive Order 13132, it is determined that this rule does not have
sufficient federalism implications to require consultations or warrant
the preparation of a federalism summary impact statement.

Paperwork Reduction Act

This rule does not impose any new reporting or recordkeeping
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter
35.

List of Subjects

22 CFR Part 22

Passports and visas.

22 CFR Part 51

Administrative practice and procedure, Drug traffic control,
Passports and visas, reporting and recordkeeping requirements.

Accordingly, for the reasons set forth in the preamble, 22 CFR
Parts 22 and 51 are proposed to be amended as follows:

PART 22--[AMENDED]

1. The authority citation for part 22 continues to read as follows:

Authority: 8 U.S.C. 1153 note, 1351; 10 U.S.C. 2602(c); 22
U.S.C. 214, 2504(a), 4201, 4206, 4215, 4219; 31 U.S.C. 9701; Public
Law 105-277, 112 Stat. 2681 et seq.; Public Law 108-447; E.O. 10718,
22 FR 4632, 3 CFR, 1954-1958 Comp., p. 382; E.O. 11295, 31 FR 10603,
3 CFR, 1966-1970 Comp., p. 570.

2. Revise Sec. 22.1 to read as follows:


Sec. 22.1 Schedule of fees.

The following table sets forth the changes to the U.S. Department
of State's Schedule of Fees for Consular Services:

Schedule of Fees for Consular Services
------------------------------------------------------------------------
Item No. Fee
------------------------------------------------------------------------
Passport and Citizenship Services
1. Passport Execution: Required for first-time applicants $25
and others who must apply in person [01--Passport
Execution]................................................

* * * * * * *
9. Passport Card Application Services for:
(a) Applicants age 16 or over (including renewals) $20
[Adult Passport Card].................................
(b) Applicants under age 16 [Minor Passport Card]...... $10
(Item no. 10 vacant.).................................. ...........

* * * * * * *
------------------------------------------------------------------------

PART 51--PASSPORTS

3. The authority citation for part 51 continues to read as follows:

Authority: 22 U.S.C. 211a, 213, 2651a, 2671(d)(3), 2714 and
3926; 31 U.S.C. 9701; E.O. 11295, 3 CFR, 1966-1970 Comp., p. 570;
sec. 236, Public Law 106-113, 113 stat. 1501A-430; 18 U.S.C. 1621
(a)(2).

4. Amend Sec. 51.3 by adding a new paragraph (d) as follows:


Sec. 51.3 Types of passports.

* * * * *
(d) Passport card. A passport card is valid for departure from and
entry to the U.S. through land and sea ports of entry between the U.S.
and Mexico, Canada, or the Caribbean and Bermuda. It is not a globally
interoperable international travel document.
5. The heading of Sec. 51.4 (b) is revised to read as follows:


Sec. 51.4 Validity of passports.

* * * * *
(b) Period of validity of a regular passport and a card format
passport. * * *
* * * * *
6. The introductory paragraph of Sec. 51. 61 and the first
sentence of Sec. 51.61(a) are revised to read as follows:


Sec. 51.61 Passport fees.

Fees, including execution fees, shall be collected for the
following passport services in the amounts prescribed in the Schedule
of Fees for Consular Services (22 CFR 22.1)
(a) A fee for each passport application filed, for both book and
card format passports, which fee shall vary depending on the age of the
applicant. * * *
* * * * *

Dated: October 6, 2006.
Wanda Nesbitt,
Principal Deputy Assistant Secretary for Consular Affairs, Department
of State.
[FR Doc. E6-17237 Filed 10-16-06; 8:45 am]

BILLING CODE 4710-06-P

US/EU Passenger Name Record Deal (more)

Morphing Document (when US law changes, so does the deal).

Passengers tagged with electronic tracking device

BBC Reports.

US/EU Passenger Name Record Deal

Full Text (pdf).

Why the TSA won't be able to continue operating in the event of another attack

They've redacted the most embarrassing parts.

Blogging for understanding of the issue

Security vs Privacy (see also, the antithetical nature of. . ), the Wired Blog.

Also from Wired

Why Everyone Must Be Screened, the experts debate the issues.

They also eat their own

Fed Watch List Eats its own, More from Wired Magazine Online.

Please. . .Do Process

Terrorist Watch List Screening.

What if we just MAKE everybody join?

Registered Traveler - Significant Impact?


As airports tackle changing security requirements, including what is and is not allowed in carryon luggage, some question if programs such as a "registered traveler" program will have a positive impact on screening operations. Gloria Bender of TransSolutions and Paul Bloch of Transport & Logistics Consultancy Ltd. agree that there may be an opportunity, but doubt the overall impact.

Says Bender, "I believe that a registered traveler program does present some opportunity to address this appropriately. However, [with the program TSA introduced] I didn't really see that there was a reduction in the amount of screening requirements that would either produce a faster throughput rate or a reduced amount of inspection for passengers. I'd say it has promise, but in order for it to come to fruition, there would need to be some increase in throughput rate that would result from it."

Adds Bloch, "Registered traveler programs will certainly reduce the amount of processing time for those passengers enrolled, but that doesn't mean magically the airport's going to get easier for everyone else.

"I'm yet to be convinced that these programs are actually the solution to all evils." Bloch says registered traveler-type programs might be effective where airlines MAKE ALL passengers check in online or at immigration with integrated biometrics security.

More.

US,EU reach air passenger data deal

Balancing Act.

European Air Transport Portal

Including banned airlines, from the Air Transport Portal for the European Commission.

Target audience - 25 million well-heeled RTs

Anticipation.

Your Papers, Please!

Personal Account of Refusing to Produce ID when boarding plane.

Why you do not want an RFID chip in your passport:

You DO NOT want anyone to be able to read your citizenship every time you open the thing:

All the better to identify, abduct and behead you with, my dear.

DEN introduces RT card

FASTflo card.

New Passport Rules

With RFID tracking device.

Limbo Rock

US/EU travel thrown into limbo by failure to meet renegotiation deadline for Passenger Data.

Congressional Research Service Report

Detection of Explosives on Airline Passengers.