Passenger Screening Using Advance Imaging Technology

This Notice of Proposed Rulemaking (NPRM) is being issued to comply with the decision rendered by the U.S. Court of Appeals for the District Columbia Circuit in Electronic Privacy Information Center (EPIC) v. U.S. Department of Homeland Security (DHS) on July 15, 2011, 653 F.3d 1 (D.C. Cir. 2011). The Court directed TSA to conduct notice and comment rulemaking on the use of advanced imaging technology (AIT) in the primary screening of passengers. As a result, the Transportation Security Administration (TSA) proposes to amend its civil aviation regulations to clarify that screening and inspection of an individual conducted to control access to the sterile area of an airport or to an aircraft may include the use of AIT.