Transportation Security Administration...

[Steve Gardner]

...49 CFR Parts 1507, 1540, 1544, and 1560

Department of
Homeland Security, Transportation Security Administration:
49 CFR Parts 1507, 1540, 1544, and 1560

From the proposal:

The purpose of the Secure Flight program is to assume the watch list matching function from aircraft operators and to more effectively and consistently prevent certain known or suspected terrorists from boarding aircraft where they may jeopardize the lives of passengers and others. The program is designed to better focus enhanced passenger screening efforts on individuals likely to pose a threat to civil aviation, and to facilitate the secure and efficient travel of the vast majority of the traveling public by distinguishing them from individuals on the watch list.

In general, the Secure Flight program would compare passenger information only to the No Fly and Selectee List components of the Terrorist Screening Database (TSDB), which contains the Federal Government’s consolidated terrorist watch list, maintained by the Terrorist Screening Center (TSC). However, as recommended by the 9/11 Commission, TSA may use ‘‘the larger set of watch lists maintained by the Federal Government,’’ when warranted by security considerations. For example, TSA may learn that flights on a particular route may be subject to increased security risk. If this happens, TSA may decide to compare passenger information on some or all of the flights on that route against the full TSDB or other government databases, such as intelligence or law enforcement databases.

This proposed rule would affect covered flights operated by U.S. aircraft operators that are required to have a full program under 49 CFR 1544.101(a), and covered flights operated by foreign air carriers that are required to have a security program under 49 CFR 1546.101(a) or (b). These aircraft operators generally are the passenger airlines that offer scheduled and public charter flights from commercial airports. This proposed rule refers to them as ‘‘covered U.S. aircraft operators’’ and ‘‘covered foreign air carriers’’ respectively, and ‘‘covered aircraft operators’’ collectively.

The proposed rule would cover all flights conducted by covered U.S. aircraft operators, as well as all flights conducted by a covered foreign air carrier arriving in or departing from the United States or overflying the continental United States (referred to as ‘‘covered international flights’’). TSA is proposing to conduct watch list matching for overflights in order to protect the United States from terrorist activity that could occur in its airspace. The proposed rule collectively refers to the flights conducted by U.S. carriers and covered international flights that would be regulated under this proposed rule as ‘‘covered flights.’’