[Federal Register: December 31, 2001 (Volume 66, Number 250)]
[Notices]
[Page 67620-67621]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31de01-89]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA-2001-111229]
Firearms, Less-Than-Lethal Weapons, and Emergency Services on
Commercial Air Flights
ACTION: Request for comments.
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SUMMARY: The FAA is requesting comments on issues related to pilots
carrying firearms into the cockpit and flight deck crewmembers carrying
less-than-lethal weapons on aircraft providing air transportation or
intrastate air transportation. We are also requesting comments on
issues related to provision of emergency services on commercial air
flights during emergencies by law enforcement officers, firefighters,
and emergency medical technicians. This action is part of an effort to
develop recommendations for possible future action by the Department of
Transportation.
DATES: Send you comments to reach us on or before February 14, 2002.
ADDRESSES: Mail your comments to--Public Docket Office, Department of
Transportation, 400 Seventh Street, SW., Room PL-401, Washington, DC
20590-0001.
Or send your comments through the Internet to--http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Kent Stephens, Manager, Air Carrier
Operations Branch, AFS-220, Air Transportation Division, Flight
Standards Service, Federal Aviation Administration, 800 Independence
Avenue, SW., Washington, DC 20591; telephone (202) 267-9518.
SUPPLEMENTARY INFORMATION:
Your Comments Are Welcome
We invite your comments on the issues described in this notice. The
most useful comments are those that are specific and related to issues
raised by the notice. Factual information that supports your ideas and
suggestions is extremely helpful in evaluating the issues and
determining what future actions we should undertake.
To ensure consideration, you must identify the Rules Docket number
in your comments, and you must submit comments to one of the addresses
specified under the ADDRESSES section of this preamble. We will
consider all communications received on or before the closing date for
comments. All comments submitted will be available, both before and
after the closing date for comments, in the Rules Docket for
examination by interested persons. We will file in the Rules Docket a
report that summarizes each public contact related to the substance of
this notice.
You may review the public docket containing comments on this notice
in person in the Dockets Office between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. The Dockets Office is on the
plaza level of the Nassif Building at the Department of Transportation
at the address specified in the ADDRESSES section. Also, you may review
the docket on the Internet at http://dms.dot.gov.
If you want us to acknowledge receipt of your comments submitted in
response to this notice, you must include with your comments a self-
addressed, stamped postcard on which you identify the Rules Docket
number of this notice. We will date stamp the postcard and return it to
you.
Availability of Documents
You can get an electronic copy of this notice using the Internet
through FAA's web page at http://www.faa.gov/avr/arm/nprm/nprm.htm or
through the Federal Register's web page at
http://www.access.gpo.gov/su_docs/aces/aces140.html
You can get a paper copy by submitting a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Make
sure to identify the docket number of this rulemaking.
Background
As a result of the events of September 11, 2001, Congress passed
and the President signed the Aviation and Transportation Security Act
(ATSA), a comprehensive measure designed to protect the security of the
Nation's air transportation system. See Pub. L. 107-71, 115 Stat. 597,
November 19, 2001. The Department of Transportation is this notice is
seeking public comment to assist it in developing recommendations for
possible future actions to implement the following three sections of
ASTA.
Sec. 126 of ATSA amends section 44903 of Title 49 of the United
States Code to provide in part that the Secretary of Transportation,
after receiving recommendations from the National Institute of Justice,
may authorize members of flight deck crews on aircraft providing air
transportation or intrastate air transportation to carry a less-than-
lethal weapon. If the Secretary grants authority to carry a less-than-
lethal weapon, the Secretary must--
Prescribe rules requiring that any such crew member be
trained in the proper use of the weapon, and
Prescribe guidelines setting forth the circumstances under
which such weapons may be used.
Sec. 128 of ATSA provides that the pilot of a passenger aircraft
operated by an air carrier in air transportation or intrastate air
transportation is authorized to carry a firearm into the cockpit if--
The Under Secretary for Transportation Security approves;
The air carrier approves;
The firearm is approved by the Under Secretary; and
The pilot has received proper training for the use of the
firearm, as determined by the Under Secretary.
Sect. 131 of ATSA, in part, provides that the Under Secretary for
Transportation Security must carry out a program to permit law
enforcement officers, firefighters, and emergency medical technicians
to provide emergency services on commercial air flights during
emergencies. To carry out the program, the Under Secretary for
Transportation Security must establish requirements for qualifications
and training of providers of emergency services. If one of these
individuals meets such qualifications and training requirements, ASTA
provides that he or she may not be held liable for damages.
As noted above, he FAA plans to develop a set of recommendations to
the Department of Transportation for carrying out these portions of
ATSA. As a preliminary step, we are asking for public comment on a
number of issues that we have identified as potentially being addressed
in the recommendations. We plan to consider any comments we receive in
response to this request for comments in developing specific
recommendations. If the Department of Transportation conducts
[[Page 67621]]
rulemaking on these issues, there will be another round of public
comment. We invite the public to send us information and comments
relating to the following issues:
1. Whether pilots and other flight crew members should carry
firearms of less-than-lethal weapons, and if so, whether it should be
on a voluntary basis;
2. Whether and how the weapons should be stored on the aircraft or
carried on board;
3. The types and numbers of less-than-lethal weapons that should be
carried on aircraft for use by qualified flight deck crew members;
4. The types of restraining devices or other kinds of equipment
that should be on aircraft;
5. The types and numbers of firearms that should be carried on
aircraft for use by qualified pilots and the types of ammunition;
6. The amount and type of weapons training that we should require,
including whether there should be initial and recurrent training.
7. How the less-than-lethal weapons and firearms should be carried,
stored, maintained (if necessary), and accessed on the aircraft.
8. What types of aircraft modifications we should require when
aircraft are equipped with less-than-lethal weapons or firearms, such
as modifications to ventilation or avionics systems;
9. Whether the qualifications for using less-than-lethal weapons or
firearms should be integrated into the existing systems for
establishing and maintaining airman qualifications, such as pilot
certificates and ratings;
10. The circumstances under which less-than-lethal weapons may be
used;
11. How to identify individuals who are willing to provide
emergency services on commercial flights;
12. Whether to maintain a registry of some or all of these
individuals;
13, The minimum qualifications of those who would provide emergency
services on commercial air flights; and
14. The type of training providers of emergency services on
commercial air flights should have.
We invite the public to raise any additional issues or concerns
related to these issues, including any other factors that we should
consider addressing in our recommendations.
Issued in Washington, DC, on December 21, 2001.
James J. Ballough,
Director, Flight Standards Service.
[FR Doc. 01-32040 Filed 12-28-01; 8:45 am]
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