Where to find historical FARs

[PeterNSteinmetz]

I am trying to find the FARs from late 1972 - 1973. Is there a site that makes these available?

I want to get 14 CFR 121.538 on aviation security.

I have looked at the current eCFR but that only goes back to 2017.

 

[rotorwrench]

I am trying to find the FARs from late 1972 - 1973. Is there a site that makes these available?

Yes. There are several sites that archive FARs. However, that said, many FARs are added/deleted/revised on a regular basis. For example, the rewrite of Part 23 removed 900+ individual regulations from the register.

So after a quick check of the current 121.538 it appears it is related to the changes after 9/11. And a lot of those changes deleted/revised a number of FARs and moved those responsibilities from the FAA to the TSA. So its quite possible rule121.538 did not exist in 72-73.

If you post what specifically you are looking for, I might be able find what FAR was applicable in that time frame?

 

[PeterNSteinmetz]

Thank you. Specifically I am looking for the regulation which was put in place in early 1973 which required metal detectors at airports for commercial flights. I understand it was passed into law explicitly in 1974, but believe it was first a regulation.

 

[rotorwrench]

Specifically I am looking for the regulation which was put in place in early 1973 which required metal detectors at airports for commercial flights. I understand it was passed into law explicitly in 1974, but believe it was first a regulation.

In general, you’ll find laws are created first, then regulations are created to implement those laws. In your request, the original law dictating the prevention of concealed weapons on commercial aircraft appears to have been passed in 1961. At that time, the airlines were given the responsibility of this via various rules to include 121.538.

However, due to the increase in hijackings, further requirements were dictated in a presidential decree in 1970 for airlines to use available surveillance equipment at airports. The FAA followed this in Feb 1972 with a rule that required each airline to have a passenger screening program acceptable to the FAA that used various surveillance methods to include “magnetometers.”

Best I can tell the above rules were revised into 121.538. Then in Dec 1972, the FAA issued an emergency rule mandating pax and carry-on screening for all scheduled commercial flights.

Since the last rule was an emergency rule, congress passed a law in late 1973 codifying the pax screening/search requirement which in turn appears to have been moved from 121.538 to a new Part 108 around the time of the 1978 Deregulation Act.

My phone doesn’t provide the best platform for this type research. So I couldn't tell if a 1972 era121.538 archive was available online at the Library of Congress. But I was able to link a 1983 version of Part 108 here which my guess has the same particulars of the original 121.538. Also here is the inactive AC for Part 108 which will give you some more background info on your question. Perhaps search the LoC yourself from a computer to see if an online archive exists for 121.538?

Regardless, it appears around 2002, Part 121.538 and Part 108 were revised and cancelled respectively, when the aircraft and airport security responsibilities were moved to TSA here.

 

[PeterNSteinmetz]

That loc site is pretty neat. I had not looked at that before.

I searched for everything restricted to 'Code of Federal Regulations: 1971 Revision' and 'Code of Federal Regulations: Title 14: Aeronautics and Space' and available online. It seems the document titled 'Code of Federal Regulations: Certification And Operations: Domestic, Flag, And Supplemental Air Carriers And Commercial Operators Of Large Aircraft, 14 C.F.R. (1971)' contains part 121. There is no 121.538 there in 1971 or 1972. There is in 1973 and part (b) requires the screening.

Any idea how to find the text of the emergency order?

 

[rotorwrench]

Any idea how to find the text of the emergency order?

Everything is in the Federal Register. However, whether it is accessible via the online portal is a different matter. Same with the LoC.

Since you found a 1973 version of 121.538 with pax screening perhaps the requirement started in a different rule prior to that? And since the original requirement came out in 1961 from what I read, its quite possible it may have been applied to a CAR vs a FAR initially? 1960-1965 is when the bulk of the CARs were converted into FARs which lead to some loss of continuity.

If possible, send me a link to the 1973 121.538 rule you found?

 

[PeterNSteinmetz]

Here you are - https://tile.loc.gov/storage-servic...cfr1973033-T14CIP121/cfr1973033-T14CIP121.pdf .

Neat site.

 

[PeterNSteinmetz]

Also would you have a citation or link to the 1961 law about detectors before boarding an aircraft.

I have a copy of Public Law 87-197 Sept 5, 1961. It has a section (l) which outlaws carrying weapons on a aircraft unless you are law enforcement. I don't see anything requiring the detectors in that law.

 

[rotorwrench]

Also would you have a citation or link to the 1961 law about detectors before boarding an aircraft.

The 1961 law made hijacking a federal crime and implemented some basic screening requirements. Where I found the 1st mention of screening equipment was in 1970 in a decree by Nixon. But with a stroke of luck following the clues in your 1973 121.538 link, I think I found a citation that will answer all of your questions.

I can’t get the link to post at the moment, but I found an Appellate court opinion that references a makeshift timeline in the footnotes on passenger screening and the use of metal detecting equipment.

Basically in Feb 1972 the use of metal detecting equipment was codified, but on or about Dec 5th became mandatory to be used… provided it was available.

I copied some of the footnotes below for reference and will post the link to the entire document when I can.

1970 Nixon:

I have directed the Departments of Transportation, Treasury, and Defense, the Central Intelligence Agency, the Federal Bureau of Investigation, the Office of Science and Technology, and other agencies to accelerate their present efforts to develop security measures, including new methods for detecting weapons and explosive devices. At the same time, the Departments of Defense and Transportation will work with all U. S. airlines in determining whether certain metal detectors and x-ray devices now available to the military could provide immediate improvement in airport surveillance efforts. To facilitate passenger surveillance, appropriate agencies of the Federal Government will intensify their efforts to assemble and evaluate all useful intelligence concerning this matter and to disseminate such information to airlines and law enforcement personnel


Feb 1972 FAA Press release:

See FAA Press Release No. 72-26 (Feb. 6, 1972):

"Secretary of Transportation John A. Volpe announced today that 200 FAA security officers have been ordered into the field to assist with implementation of a new regulation requiring mandatory screening of all airline passengers before flight. The new FAA regulation-which went into effect at 12 midnight Saturday-applies to all scheduled flag, domestic and intrastate air carriers. They are required to screen all passengers on all flights using one or more of the following systems: behavorial profile, magnetometer, identification check, physical search.



FAA Telegram of July 18, 1972.

FOR 100% PASSENGER SCREENING OF NON-RESERVATION (SHUTTLE) TYPE FLIGHTS, THE FOLLOWING ARE MINIMUM ACCEPTABLE PROCEDURES, EFFECTIVE IMMEDIATELY.
1 WHERE METAL DETECTORS ARE AVAILABLE
A. EACH CERTIFICATE HOLDER SHALL PREVENT THE CARRIAGE ABOARD ITS AIRCRAFT OF BAGGAGE ON OR ABOUT THE PERSON OF PASSENGERS UNLESS THAT BAGGAGE HAS BEEN EXAMINED BY A RESPONSIBLE REPRESENTATIVE OF THE CERTIFICATE HOLDER OR A LAW ENFORCEMENT OFFICER AND,
B. THE CERTIFICATE HOLDER SHALL REQUIRE EACH PASSENGER TO CLEAR THROUGH A METAL DETECTOR WITHOUT INDICATION OF UNACCOUNTED FOR METAL ON HIS PERSON PRIOR TO BOARDING.

2 WHERE METAL DETECTORS ARE NOT AVAILABLE
A. EACH CERTIFICATE HOLDER SHALL PREVENT THE CARRIAGE ABOARD ITS AIRCRAFT OF BAGGAGE ON OR ABOUT THE PERSON OF PASSENGERS UNLESS THAT BAGGAGE HAS BEEN EXAMINED BY A RESPONSIBLE REPRESENTATIVE OF THE CERTIFICATE HOLDER OR A LAW ENFORCEMENT OFFICER AND,
B. THE CERTIFICATE HOLDER SHALL REQUIRE EACH PASSENGER TO PRESENT TWO ACCEPTABLE FORMS OF IDENTIFICATION.
C. IN THE CASE OF A PASSENGER WHO DOES NOT PROVIDE ADEQUATE IDENTIFICATION, THE CERTIFICATE HOLDER MAY REQUEST THAT PASSENGER TO SUBMIT TO A CONSENT SEARCH OF HIS PERSON AND,
D. THE CERTIFICATE HOLDER SHALL DENY BOARDING TO EACH PASSENGER WHO FAILS TO COOPERATE.

THE ABOVE PROCEDURES MUST BE INCLUDED IN THE SECURITY PROGRAMS OF THE AFFECTED AIR CARRIERS. PRINCIPAL SECURITY AGENTS SHOULD IMMEDIATELY NOTIFY THE CARRIERS OF THE PROCEDURAL CHANGES INDICATED ABOVE."



DOT Directive (in part) Aug. 1, 1972

"BECAUSE OF THE CONTINUING MENACE OF AIR PIRACY AND OTHER CRIMES ABOARD AIRCRAFT AND BECAUSE OF THE SERIOUS NATURE OF THIS THREAT TO THE SAFETY OF PERSONS AND PROPERTY, I FIND THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ACTION WITH RESPECT TO SAFETY IN AIR COMMERCE. THEREFORE, SECURITY PROGRAMS ACCEPTABLE TO THE ADMINISTRATOR UNDER SECTION 121.538(b) OF THE FEDERAL AVIATION REGULATIONS (FAR'S) AND SECURITY PROGRAMS APPROVED UNDER SECTION 121.538(c) OF THE FAR'S ARE AMENDED TO INCLUDE THE FOLLOWING MINIMUM ACCEPTABLE PROCEDURES, EFFECTIVE IMMEDIATELY.

1 NO CERTIFICATE HOLDER SHALL PERMIT ANY PERSON WHO HAS BEEN IDENTIFIED AS A SELECTEE UNDER ITS SECURITY PROGRAM INCLUDING ADULT, CHILDREN AND INFANT PASSENGERS TRAVELING IN HIS COMPANY TO BOARD ITS AIRCRAFT, UNLESS-
A. THE CARRY-ON BAGGAGE AND OTHER ARTICLES ON OR ABOUT THE PERSON OF EACH PASSENGER HAS BEEN SEARCHED AND,
B. THE CERTIFICATE HOLDER HAS REQUIRED EACH PASSENGER TO CLEAR THROUGH A METAL DETECTOR WITHOUT INDICATION OF UNACCOUNTED FOR METAL ON HIS PERSON OR
C. IN THE ABSENCE OF A METAL DETECTOR, EACH PASSENGER HAS SUBMITTED TO A CONSENT SEARCH PRIOR TO BOARDING.