Airport Security
Federal RegisterAug 1, 1997
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 107 and 139
[Docket No. 28979; Notice No. 97-13]
RIN 2120-AD-46
Airport Security
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This notice proposes to amend the existing airport security
rules. It would revise certain applicability provisions, definitions,
and terms; reorganize these rules into subparts containing related
requirements; and incorporate some requirements already implemented in
airport security programs. This proposed revision also would
incorporate certain new measures that would provide for better
security. Specifically, this proposal would more clearly define the
areas of the airport in which security interests are the most critical
and where security measures should be the most stringent. It would
modify access control requirements by allowing secondary access media,
modify escort procedures for individuals without access authority, and
expand the requirement for an identification system to include a
challenge system. Further, it would clarify the following: training
requirements for airport security personnel; the role of the airport
security coordinator; procedures for airport operators to comply with
Federal Aviation Administration security directives; procedures for
responding to and evaluating threats; and the need to review and test
security contingency plans. The intent of this proposal is to enhance
security for the traveling public, air carriers, and persons employed
by or conducting business at public airports by increasing awareness of
and compliance with civil aviation security measures.
DATES: Comments must be submitted on or before December 1, 1997.
ADDRESSES: Comments on this proposed rulemaking should be mailed or
delivered, in triplicate, to: Federal Aviation Administration, Office
of the Chief Counsel, Attention: Rules Docket (AGC-10), Room 915-G,
Docket No. 28979, 800 Independence Ave., SW., Washington, DC 20591.
Comments may also be sent electronically to the following internet
address: [email protected]. Comments may be examined in Room 915-
G between 8:30 a.m. and 5 p.m. weekdays, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Office of Civil Aviation Security
Policy and Planning, Civil Aviation Security Division (ACP-100), Penny
Anderson, Federal Aviation Administration, 800 Independence Ave. SW.,
Washington, DC 20591; telephone (202) 267-3418.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in this rulemaking by
submitting such written data, views, or arguments as they may desire.
Comments relating to the environmental, energy, federalism, or economic
impact that might result from adopting the proposals in this document
are also invited. Substantive comments should be accompanied by cost
estimates. Comments should identify the regulatory docket or notice
number and should be submitted in triplicate to the Rules Docket (see
ADDRESSES). All comments received, as well as a report summarizing each
substantive public contact with FAA personnel on this rulemaking, will
be filed in the docket. The docket is available for public inspection
before and after the comment closing date. All comments received on or
before the closing date will be considered by the Administrator before
taking action on this proposed rulemaking. Late-filed comments will be
considered to the extent practicable. The proposals contained in this
document may be changed in light of comments received. Comments
received on this proposal will be available, both before and after the
closing date for comments in the Rules Dockets for examination by
interested persons. However, the Assistant Administrator for Civil
Aviation Security has determined that the airport security programs
required by part 107 contain sensitive security information. As such,
the availability of information pertaining to airport security programs
is governed by 14 CFR Part 191 (Withholding Security Information from
Disclosure under the Air Transportation Security Act of 1974).
Comments wishing the FAA to acknowledge receipt of their comment
must include a self-addressed, stamped postcard on which the following
statement is made: ``Comments to Docket No. 28979.'' The postcard will
be date-stamped and mailed to the commenter.
Availability of NPRM
Any person may obtain a copy of this NPRM by submitting a request
to the Federal Aviation Administration, Office of Rulemaking, ARM-1,
800 Independence Ave., SW., Washington, DC 20591, or by calling (202)
267-9677. Communications must identify the notice number of this NPRM.
An electronic copy of this document may be downloaded using a modem
and suitable communications software from the FAA regulations section
of the Fedworld electronic bulletin board service (telephone: 703-321-
3339) or the Office of the Federal Register's electronic bulletin board
service (telephone: 202-512-1661). Internet users may reach the FAA's
webpage at http://www.faa.gov or the Office of the Federal Register's
webpage at http://www.access.gpo.gov/su__docs for access to recently
published rulemaking documents. Persons interested in being placed on
the mailing list for future NPRM's should request from the above office
a copy of Advisory Circular No. 11-2A, Notice of Proposed Rulemaking
Distribution System, which describes the application procedure.
Background
This proposed rule was written before the tragic crash of TWA 800
on July 17, 1996. That accident raised concerns about the safety and
security of civil aviation, leading the President to create the White
House Commission on Aviation Safety and Security, headed by the Vice
President. The Commission issued an initial report on September 9,
1996, with 20 specific recommendations for improving security. On
February 12, 1997, the Commission issued its Final Report with 57
recommendations, 31 of which deal with improving security for
travelers. In addition, the Federal Aviation Reauthorization Act of
1996 (Pub. L. 104-264) was signed on October 9, 1996, and directs the
FAA to amend rules to upgrade civil aviation security.
The FAA is working to respond to the recommendations of the
Commission and to carry out the legislation, and has issued several
proposals. On March 11, 1997, an Advance Notice of Proposed Rulemaking
on the certification of screening companies was issued (62 FR 12724,
March 17, 1997), and on March 14, 1997, the FAA issued a Notice of
Proposed Rulemaking on employment history; verification and criminal
records checks (62 FR 13262, March 19, 1997).
The rules proposed in this notice were not written in response to
the Commission or the Reauthorization Act.
[[Page 41761]]
However, this notice, which proposes to update the overall regulatory
structure for airport and air carrier security, is the result of a
multi-year effort involving the FAA, airports and air carriers, and the
Aviation Security Advisory Committee. The extensive proposed revisions
are considered to be consistent with the intentions of the mandates,
contain proposals that industry has identified as necessary or
appropriate, and outline a new organization for the regulations that
would assist in developing future changes to the rules. For these
reasons, the FAA is publishing this proposed rule for comment. The FAA
anticipates that any final rule based on this proposal will incorporate
responses to these mandates.
Terrorist Incidents
In response to a rise of hijacking incidents, and to ensure the
security of airports serving scheduled air carriers, the Federal
Aviation Administration (FAA) issued 14 Code of Federal Regulations
(CFR) part 107 on March 18, 1972. The rule required each airport
operator to implement prescribed security measures by developing and
observing an airport-specific security program. Part 107 has been
amended on several occasions, but the rule has never undergone a
comprehensive update.
Since the inception of part 107, the primary threat to civil
aviation has expanded beyond hijacking to bombing of aircraft and
murderous attacks within airports. The following incidents are
indicative of this evolution.
December 27, 1985: Simultaneous attacks at two European
airports against the general public in open terminal areas. At least 13
people were killed and approximately 80 wounded at Rome's Leonardo da
Vinci International Airport; 4 persons were killed and approximately 45
wounded at Vienna's Schwechat International Airport.
September 5, 1986: Terrorist assault on Pan American (Pan
Am) Flight 73. Four terrorists assaulted Flight 73 in Karachi, Pakistan
as the aircraft waited to take off. The four terrorists were dressed
similarly to airport security personnel and drove a van resembling an
airport security vehicle alongside the aircraft. The terrorists stormed
the aircraft and after 17 hours or negotiations, the aircraft's
auxiliary power unit failed. Anticipating an attack by security forces,
the terrorists opened fire on the massed passengers, killing 22 persons
and injuring 125 others before security forces could intervene.
September 14, 1986: The bombing of an international
terminal building. A device detonated in a trash can located in front
of the international terminal building of the Kimpo International
Airport, Seoul, South Korea. Five persons were killed and 29 were
injured.
November 11, 1987: Explosives detonated in a passenger
terminal. Explosives in baggage detonated, possibly prematurely, in the
passenger terminal of the Beirut International Airport, Beirut,
Lebanon. Six persons were killed and 73 were injured. No person(s)
claimed responsibility; however, the person carrying the bag was
killed.
December 21, 1988: The bombing of Pan Am Flight 103. All
243 passengers and 16 crew on board, plus 11 persons on the ground at
Lockerbie, Scotland, were killed. Subsequent inspection of the
reconstructed aircraft determined that a device consisting of plastic
explosives inside a tape cassette player was responsible for the
destruction of Flight 103. The device had been concealed in checked
luggage. Individuals working for the Government of Libya are
responsible for the bombing. One conspirator was the former manager of
the Libyan Arab Airlines (LAA) office in Valletta, Malta and retained
full access to the airport. Using this access privilege and other
knowledge gained as representatives of LAA, the conspirators bypassed
security checks at Valletta's Luqa Airport and inserted the suitcase
containing the bomb into baggage of an Air Malta flight to Frankfurt.
August 26, 1992: Explosive device placed in an
international terminal. A 20-pound explosive device was placed in the
international terminal in the Houari Boumedienne International Airport,
Algiers, Algeria. Twelve persons were killed and 126 were injured.
Members of the Islamic Salvation Front were arrested. Their intent was
to disrupt foreign involvement in Algeria.
November 3, 1994: Armed individuals seized the airport.
Armed militant Muslim activist seized the Saidu Sharif Airport in
Pakistan's Northwest Frontier Province and barricaded the runway.
Pakistani paramilitary forces attacked several days later. Five persons
were killed and at least 17 were injured.
December 24, 1994: Hijacking and possible intention to
destroy Air France flight 8969. While on the ground at Houari
Boumedienne International Airport, Algeria, Air France Flight 8969 was
commandeered by four terrorists armed with automatic weapons, hand
grenades, and explosives. The four gunmen wore what appeared to be Air
Algerie uniforms and displayed airport identification. The hijackers
killed three people. French counterterrorism forces stormed the
aircraft at Marignane Airport in Marseille, France; all four hijackers
were killed. Explosive were found on the aircraft, leading to
speculation that the hijackers intended to blow up the aircraft over
Paris.
July 22, 1996: A bomb detonated in a public area of a
terminal building. Six persons were killed and an estimated 60 others
were injured when a bomb exploded in the concourse outside of the
departure/arrival lounges at the Lahore International Airport, Lahore,
Pakistan. The device, containing approximately 3 kilograms of
explosives, reportedly had been left in a briefcase and placed beneath
a bench near the domestic lounge. The explosion occurred moments before
the departure of PIA flight 715 for Karachi. There were no immediate
claims for the bombing.
Fifty-nine attacks have been recorded at airports throughout the
world during the past 5 years. These attacks have included 24 bombings;
15 attempted bombings; and 20 shootings, shellings (such as mortar
attacks), arsons, and similar incidents. At least 41 persons have been
killed and more than 250 injured in attacks at airports between 1992
and 1996.\1\
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\1\ Criminal Acts Against Civil Aviation: 1996, U.S. Department
of Transportation, Federal Aviation Administration Office of Civil
Aviation Security.
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Terrorism has been, for the most part, a phenomenon afflicting U.S.
interests overseas, and the threat to U.S. civil aviation is assessed
to be higher abroad than it is domestically. The World Trade Center
bombing in February 1993, however, indicates that terrorism is also a
very real threat in the United States, and may be on the rise.
Ramzi Ahmed Yousef has been convicted for the bombing of
Philippines Airline flight 434 (December 11, 1994) and for conspiring
to bomb U.S.-flag aircraft. Authorities believe that Yousef and his co-
conspirators acted on their own volition, in opposition to U.S. foreign
policy in the Middle East, and that they were assisted by local radical
sympathizers in the Philippines and the United States. The conspiracies
are indicative of an emerging trend in terrorism, characterized by
terrorist elements operating without traditional organizational
structure or state sponsorship.
The Federal Bureau of Investigation (FBI) characterizes such
terrorists as seeking a ``common political, social, economic, or
personal objective which transcends nation-state boundaries.'' The U.S.
Department of State, commenting on global terrorism trends
[[Page 41762]]
notes that ``terrorism by extremist individuals or groups claiming to
act for religious motives'' continue to dominate international
terrorism.\2\
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\2\ For further analysis of the terrorist threat, please refer
to the following public documents: Terrorism in the United States:
1994, U.S. Department of Justice, Federal Bureau of Investigation.
Patterns of Global Terrorism: 1995, U.S. Department of State,
April 1996.
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The number of international terrorist attacks against U.S.
interests fell between 1995 and 1996, although incidents involving
American targets still represented more than 24%of the total attacks
worldwide in 1996. Domestically, the FBI asserts that the U.S. is not
immune to international terrorism, describing the terrorist threat as
``real and potentially lethal.'' The FAA views these developments as
cause for concern.\3\
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\3\ Patterns of Global Terrorism: 1996, U.S. Department of
State, April 1997.
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In addition, individual acts of revenge or criminality must be
considered since the consequences of such acts can be just as deadly.
Following are three examples:
December 7, 1987: Destruction of Pacific Southwest
Airlines (PSA) Flight 1771. Flight 1771 crashed when a recently
terminated airline employee boarded the Los Angeles San Francisco
flight with a handgun, shot one passenger (his former supervisor), the
flightcrew, flight attendant, and presumably himself. As a result, all
38 passengers and five crew on board were killed. The fired employee
retained his airline identification after his dismissal and used to
bypass the passenger screening checkpoint.
August 14, 1990: Gunman gained unauthorized access at
Washington National Airport. A man armed with a .38 caliber revolver
entered the Ogden Allied Services garage at Washington, DC's National
Airport, and held several employees at gunpoint. He was a former
employee at Ogden and had voluntarily left his job. He commandeered a
fuel truck, forced an Ogden employee to drive onto the air operations
area and fired several shots at a second Ogden fuel truck, wounding two
persons. He was in possession of 30 to 40 rounds of ammunition when he
was arrested. A molotov cocktail was recovered from the commandeered
fuel truck, and several others were found in the gunman's vehicle.
May 7, 1995: Gunman exchanged fire with police at
Minneapolis/St. Paul International Airport. A man armed with a 7.62 mm
Norinco SK5 assault rifle attempted to enter a secured area through a
door in the baggage claim area. Unable to gain access, the gunman fired
several rounds, shattering panes of plate glass, and then proceeded
through the terminal firing his weapon. The gunman then exited the
terminal to a public driveway, changed fire with responding police
officers and was shot three times before being apprehended. Three
persons were injured by flying debris, but non seriously. The weapon
used appeared to have been altered to fire automatically and the gunman
was in possess of 90 rounds of ammunition. The gunman never gained
access to the sterile or secured areas of the airport.
October 13, 1995: A low-level explosive device destroyed
an automated facility serving La Guardia International Airport. The
facility, a Low Level Windshear Alert System (LLWAS), is locate din a
remote area near Flushing Airport, formerly a general aviation field.
The LLWAS is housed in a metal box on a utility pole and is surrounded
by a perimeter fence that was cut to gain entry. Even through the LLWAS
was not fully functional for several days, air traffic to La Guardia
was not jeopardized. An arrest was made in this matter. Despite an
anti-government leaflet found at the scene, no connection was found
between the person arrested and right-wing terrorist organizations.
Response to Terrorist Incidents
The incidents discussed above have led to concerted efforts to
strengthen aviation security around the world and particularly security
at U.S. airports. The FAA responded by issuing emergency amendments to
airport security programs, using part 107 authority.
The destruction of Pan Am Flight 103 resulted in numerous changes
to civil aviation security. The Presidential Commission on Aviation
Security and Terrorism was critical of the domestic U.S. civil aviation
security system for failing to provide the proper level of protection
for the traveling public and urged major reforms. Specifically, the
commission recommended that the ``FAA initiate immediately the planning
and analysis necessary to phase additional security measures into the
domestic system over time.\4\ The Commission's report prompted the
Aviation Security Improvement Act of 1990 (Public Law 101-604), enacted
November 16, 1990.
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\4\ President's Commission on Aviation Security and Terrorism,
Report to the President, May 15, 1990.
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The new law mandated many changes to airport and air carrier
security programs, as well as Federal staffing and reporting
procedures. Several rulemakings were initiated to impose hiring
standards for air crew and security personnel, and training standards
and criminal history checks for certain airport and air carrier
personnel. The act also required the FAA to coordinate with the FBI to
assess the domestic air transport system, develop security guidelines
for airport design and construction, and expand the security technology
research and development program.
The proposed revisions to part 107 also respond to two other
Federal reports. In September 1993, the Office of the Inspector General
(IG) of the U.S. Department of Transportation issued a report critical
of certain aspects of the FAA's oversight of airport security
systems.\5\ In January 1994, the General Accounting Office (GAO) issued
a report suggesting further actions the FAA could take to improve civil
aviation security.\6\
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\5\ DOT Office of Inspector General, Audit of Airport Security,
Federal Aviation Administration, Report No. RP-FA-3-105, September
20, 1993.
\6\ United States General Accounting Office, Report to
Congressional Committees, Aviation Security: Additional Actions
Needed to Meet Domestic and International Changes, January 1994.
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The IG report found significant deficiencies in the effectiveness
of access control and challenge procedures at five U.S. airports. The
report recommended that airport and air carrier implementation of
procedures for access control and challenge be strengthened, stressing
that the FAA must take steps to increase airport and air carrier
employees' awareness and responsibility for those procedures.
In January of 1994, the FAA responded to the report by meeting with
representatives of airports, air carriers and other airport tenants,
and employee groups/unions to discuss the IG's findings and to
emphasize the need for improved employee security awareness.
Simultaneously, the FAA began focused inspections at U.S. airports with
the highest volume and most complex security operations. Slated to
continue on a routine basis, these special inspections targeted the
security measures that the IG found to be a universal weakness--access
control and challenge procedures.
The response has been an industry-wide commitment to address the
identified weaknesses and improve compliance. In particular, many
airports and air carriers have improved their training programs and
instituted programs to provide individual incentives for compliance and
escalating disciplinary action for instances of non-compliance.
Compliance at airports which have
[[Page 41763]]
instituted such programs has improved markedly. The FAA proposes to
implement similar measures at other part 107 airports by clarifying and
modifying access control, identification display, and challenge
requirements.
Separately, the GAO issued a report entitled ``Aviation Security--
Additional Actions Needed to Meet Domestic and International
Challenges,'' in response to a Congressional inquiry on FAA's efforts
to implement the Aviation Security Improvement Act of 1990. GAO found
that the FAA has taken important steps in response to the act and cited
additional actions that should be taken to enhance the FAA's security
programs and initiatives. These actions include--(1) pilot-testing new
procedures before implementation, (2) strengthening human factors
research and its application, (3) making systematic analytical use of
information that the FAA collects during air carrier and airport
security inspections, and (4) providing airport security coordinators
with security clearances, so that they can be given classified
information regarding threats to civil aviation.
Similar to the IG report, the GAO report highlighted the need for
the FAA to increase industry employees' overall awareness of security
measures. The report concluded that the FA must refine security
training and procedures to increase personnel sensitivity to security
requirements. The FAA agrees that complacency must be combated, and as
previously noted, considers improved employee training and increased
accountability to be an essential part of the solution.
Specific responses to issues raised in the IG and GAO reports are
discussed below in the ``Section by Section Analysis.''
The Role of the Aviation Security Advisory Committee
The Department of Transportation and the FAA are convinced that the
aviation industry and general public should have input into the
development of future aviation security measures and issues. On April
3, 1989, the Secretary of Transportation announced the formation of a
national aviation security advisory committee under the provision of
the Federal Advisory Committee Act (Title 5 U.S. Code, Appendix II).
The Aviation Security Advisory Committee (ASAC) was formed to
examine all areas of civil aviation security and to ensure a higher
degree of safety for the traveling public by recommending improvement
of aviation security equipment and procedures. The ASAC is chaired by
the FAA's Assistant Administrator for Civil Aviation Security and makes
recommendations to the FAA Administrator. Committee membership
represents a balance of Federal government, aviation industry, and
consumer advocacy groups, including:
1. Air Courier Conference of America
2. Air Line Pilots Association International
3. Air Transport Association of America
4. Aircraft Owners and Pilots Association
5. Airport Law Enforcement Agencies Network
6. Airports Council International, Inc.
7. Allied Pilots Association
8. American Association of Airport Executives
9. Association of Flight Attendants
10. Aviation Consumer Action Project
11. Aviation Security Contractors Association
12. Cargo Airline Association
13. Families of Pan Am 103 Lockerbie
14. International Airline Passengers Association
15. National Air Carrier Association, Inc.
16. National Air Transportation Association
17. Regional Airline Association
18. U.S. Department of Defense (Policy Board on Federal Aviation)
19. U.S. Department of Justice (Federal Bureau of Investigation)
20. U.S. Department of State
21. U.S. Department of Transportation (Office of Intelligence and
Security and Federal Aviation Administration Technical Center)
22. U.S. Department of the Treasury (Customs Service, Immigration and
Naturalization Service, and Secret Service)
23. U.S. Postal Service
24. Victims of PanAm Flight 103
All ASAC meetings are open to the public and are announced in the
Federal Register. Meetings are typically held three times a year.
Members of the public are permitted to attend and appear before the
committee, subject to reasonable limitations of space and time.
The FAA invited the ASAC to comment on the underlying issues and
potential solutions associated with the revision of parts 107 and 108.
In December 1993, the FAA sought the ASAC's input on a ``discussion
paper'' that presented a broad scope of security issues and concerns. A
copy of this paper is filed in the FAA public docket for this Notice of
Proposed Rulemaking (NPRM).
To address the issues raised in the discussion paper, the ASAC
formed two subcommittees to develop recommendations on airport and air
carrier security issues, respectively, and provided the FAA formal
recommendations on March 15, 1994. Individual ASAC members also
provided comments on issues when their respective organizations
differed from the position taken by the committee. The views of the
ASAC and of individual committee members were then forwarded to the FAA
with an overall recommendation that security regulations should remain
flexible and contain only general security performance standards.
Specific recommendations are addressed individually in the ``Section-
by-Section Analysis.''
Discussion of the Proposed Rule
This proposed revision of part 107 would comprehensively update
airport security regulations to more efficiently and effectively
address terrorist and other criminal threats to civil aviation. This
proposed action would incorporate both procedures currently in airport
security programs and new security procedures, in a manner that is
intended to allow regulated entities and individuals to understand
their responsibilities more readily. When a final rule has been
adopted, the FAA will update relevant advisory circulars and prepare a
standard airport security program that will contain specific security
measures that are considered sensitive under part 191 and therefore
cannot be included in the proposed revision. Lastly, the proposed
revision would incorporate certain new measures that would provide for
better security. For example, the proposed revisions make individuals
directly accountable to the FAA for violating certain regulations and
would require airports to include in their security programs specific
disciplinary action and penalties to be taken with employees or tenants
that do not comply with security requirements. Through these changes,
the FAA hopes to create a more effective mixture of individual and
corporate responsibility for complying with security regulations,
particularly those relating to access controls and challenge
procedures.
Air carrier security programs required by part 108 also have been
amended extensively since 1985. The FAA proposes to revise part 108,
which governs aircraft operator security, concurrently with this part.
The rulemakings will proceed in tandem. All references to proposed part
108 in this preamble are intended to refer to the concurrently proposed
revision of part 108. Further, this proposal would modify the airport
emergency plan
[[Page 41764]]
required under 14 CFR part 139, the certification and operations rules
for land airports, to indicate that the evaluation of threats would be
handled under airport security programs.
The proposed revisions of part 107 and part 108 represent a
comprehensive approach toward upgrading the security requirements of
the civil aviation system. The intent of these proposed revisions is to
foster consistency and standardization throughout the national civil
aviation security program. Where possible, the revisions of part 107
and part 108 propose nearly identical language to enhance, clarify, or
propose security measures for implementation by both airport operators
and air carriers.
Changes to definitions in proposed Sec. 107.3 and Sec. 108.3 are
intended to promote a common understanding within the aviation
community when used in these respective regulations. Moreover, the
proposed definitions for both parts 107 and 108 take into account the
need to clarify the division of responsibility between air carriers and
airport operators for the implementation of aviation security measures.
Proposed Sec. 107.7 and Sec. 108.5 would clarify the authority of
the Administrator to conduct inspections or tests to determine air
carrier compliance with 49 U.S.C. Subtitle VII, and the regulations,
and the airport operator's and air carrier's obligation to provide FAA
Special Agents the necessary access and identification medium to
conduct inspections.
Both proposals include language, in proposed Sec. 107.9 and
Sec. 108.7, that would prohibit persons from knowingly making false
statements or entries on security-related documentation. Proposed
Sec. 107.11 and Sec. 108.9 contain language that would prohibit persons
from interfering with or compromising required security methods or
procedures. Further, new language proposed in Sec. 107.103(a) and
Sec. 108.103 would require the inclusion of a security compliance
program within an airport operator's and air carrier's security
program.
Proposed Sec. 107.105 and Sec. 108.105 reflect similar procedural
language for the approval and amendment of security programs. Proposed
Sec. 107.209 and Sec. 108.223 would require the airport operators and
air carriers to establish accountability standards for identification
media.
Finally, language is proposed in both notices to expand training
requirements to include personnel performing security-related duties
(proposed Sec. 107.211 and Sec. 108.227), to incorporate similar
sections for the implementation of contingency plans (proposed
Sec. 107.301 and Sec. 108.307), and to require compliance with Security
Directives (proposed Sec. 107.303 and Sec. 108.305).
Section-by-Section Analysis
In this notice, the FAA proposes to revise existing Secs. 107.1
through 107.31. The FAA further proposes to add several new sections,
some of which address the security responsibilities of persons and the
requirements for personnel identification systems. Individual airport
security programs which implement the requirements of part 107 would be
subject to revision as a consequence of this rulemaking (see the
section below entitled ``Implementation Schedule'').
Historically, part 107 has been amended in increments with each
amendment being added to the regulation at the end of the part. The FAA
proposes to reorganize the regulation into specific subparts identified
by subject matter. To do so would require a change in the current
numbering scheme. For example, all sections that specify security
program content and approval process would be listed in proposed
subpart B, entitled ``Security Program.'' All sections which describe
the operational aspects of systems or procedures required in the
approved security program would be listed in proposed subpart C,
``Operations,'' and so on.
This arrangement of the sections by subpart is intended to make
part 107 ``user friendly'' by allowing the reader to locate a
particular section easily and to identify all requirements relevant to
a specific subject readily. Arranging the regulation by subparts also
would allow the FAA to keep similar sections together rather than to
add serially to the body of the regulation.
Throughout the proposed rule, references are made to 49 U.S.C.
Subtitle VII. This statute is the recodification of FAA's authority to
prescribe aviation security regulations previously found in the Federal
Aviation Act of 1958, 49 U.S.C. App. 1301 et seq.
Subpart A--General
Section 107.1 Applicability
This notice proposes to extend the applicability of existing
Sec. 107.1. This proposal would extend the applicability to employees,
contractors, and other individuals who have significant security
responsibilities at an airport and whose actions could diminish the
effectiveness of those systems, methods, or procedures required by this
part, by acts such as subverting an access control system, divulging
security-sensitive information, or falsifying records.
Further, the FAA proposes to extend airport security requirements
beyond airports serving scheduled passenger operations. Instead, the
proposed requirements would apply to an airport regularly serving any
air carrier required to have a security program under parts 108 and
129. This is not intended, however, to imply that an airport which only
serves an occasional single air carrier flight is necessarily required
to implement an airport security program. Title 49 U.S.C. 44903
specifies that the FAA shall impose certain security requirements on
airports ``regularly serving'' air carrier operations.
This notice also proposes to move existing Sec. 107.1(a)(3), which
applies the requirements of this part to persons entering a sterile
area, to part 108. This change would consolidate most security
requirements applicable to the sterile area in part 108, since the
responsibility for ensuring the integrity of the sterile area rests
mainly with air carriers.
Part 107 currently refers to the ``Director of Civil Aviation
Security'' as the official who oversees civil aviation security
operations and approves airport security programs. Under internal FAA
reorganization, the current title of this position is Associate
Administrator for Civil Aviation Security; however, 49 U.S.C. 44932
refers to this official as the Assistant Administrator for Civil
Aviation Security. Therefore, paragraph (b) of this section would use
the title ``Assistant Administrator for Civil Aviation Security.'' The
FAA intends to resolve this inconsistency before issuance of the final
rule. In addition, paragraph (b) would clarify that the Deputy
Assistant Administrator for Civil Aviation Security, or any individual
formally designated could act in the capacity of the Assistant
Administrator and the duties of this position could be further
delegated.
Section 107.3 Definitions
This proposed section would replace existing Sec. 107.3, Security
program. The provisions of existing Sec. 107.3 would be incorporated
under proposed Subpart B, Airport Security Program. This proposed
section also would revise the definitions contained under current
Sec. 107.1, Applicability and definitions. The introductory text of
this proposed section would make the definitions in proposed part 108
apply to this part.
The term ``air operations area'' in existing Sec. 107.1 would be
replaced by the term ``restricted operations area'' and its definition
modified. The definition ``exclusive area'' in existing Sec. 107.1
would be revised and grouped
[[Page 41765]]
with a newly defined ``exclusive area agreement.'' This new definition
would ensure clarity of standards pertaining to security agreements
between the airports and air carriers or foreign air carriers, and
expand the applicability of exclusive area agreements to include not
only air carrier leaseloads but individual access points as well. The
definitions ``escort'' and ``sterile area'' would remain essentially
unchanged from existing Sec. 107.1 The definition ``escort'' would be
revised to include reference to the proposed critical security area and
restricted operations area; the definition ``sterile area'' would be
revised to clarify the responsibility to conduct inspections of persons
and property.
The following definitions would be added: Airport security program,
Airport tenant, Airport tenant security program, Assistant
Administrator, Critical security area, Exclusive area agreement,
Restricted operations area, and Unescorted access authority.
The definitions ``airport tenant'' and ``airport tenant security
program'' would be added to this section to clarify proposed
Sec. 107.113 and to eliminate confusion between airport tenant security
programs (which do not apply to air carriers and foreign air carriers
that have security programs) and exclusive area agreements (which only
apply to air carriers and foreign air carriers that have security
programs).
This notice proposes two new security area definitions. The
definition of ``critical security area'' is introduced for the purposes
of proposed Sec. 107.201, Security of the Critical Security Area. The
term ``critical security area'' would be added to replace the term
``secured area'' found in existing Sec. 107.14. The definition
``restricted operations area'' would be added to replace the term ``air
operations area'' found in existing Secs. 107.1 and 107.13. This
definition would be added for the purposes of proposed Sec. 107.203,
Security of the Restricted Operations Area. (See below for further
discussion of these particular sections).
The description of the intended parameters of ``critical security
area'' and ``restricted operations areas'' would be purposely limited.
Due to the different physical layouts and tenant activities, it is
impossible to define with specificity in this proposed rule the
boundaries of the proposed critical security area and restricted
operations area. As such, the proposed definitions give only general
descriptions for critical security area and a restricted operations
area.
The term ``unescorted access authority'' would be defined in this
section to support access and identification requirements of the newly
proposed critical security area and restricted operations area. It
would be included to ensure a clear distinction between individuals
that are authorized access and those who are not.
Section 107.5 Airport Security Coordinator
Under this proposal, existing Sec. 107.5 entitled ``Approval of
security program'' would be incorporated into proposed $107.105
entitled ``Approval and amendments,'' under proposed Subpart B, Airport
Security Program. Existing Sec. 107.29 entitled ``Airport Security
Coordinator'' would be revised and renumbered as new Sec. 107.5 under
new Subpart A, General.
As part of the employment standards rulemaking [56 FR 41412; August
20, 1991] adopted in response to the Aviation Security Improvement Act,
the FAA Administrator requires airport operators to designate an
official at each airport as the airport security coordinator (ASC), to
serve as the point of contact with the FAA on security matters and to
provide oversight to the airport's security system. The ASC serves as
the counterpart of the air carrier's ground security coordinator
required under part 108.
To promote standardization, this proposed section would further
define the functions and responsibilities of the ASC, including the
designation of alternate ASCs. Specifically, the ASC would be
responsible for immediately initiating corrective action for each
instance of noncompliance and for reviewing all security-related
functions for compliance and effectiveness. The proposal also would
clarify that an individual serving as an ASC may perform other duties
in addition to those required by the FAA, and need not serve full-time
as the ASC.
Existing language specifies that the ASC is the airport operator's
primary FAA contact, charged with reviewing all security-related
functions for compliance with this part and the airport security
program. Nevertheless, the ASAC commented that the FAA has not applied
this requirement as written, as the ASC is not treated as the FAA's
primary contact. Proposed language is intended to clarify the
relationship between the FAA and the ASC.
The FAA also proposes to require training for the ASC every 2
years. This training is intended to ensure that ASCs and their
alternates remain updated on both airport and air carrier security
regulatory and operational requirements. The ASAC opposed inclusion in
the rule of any ASC training requirements as well as a description of
the ASC's job duties and responsibilities. The committee did note,
however, that, if training is required, credit should be given for the
ASC's previous experience.
The FAA therefore requests comments on methods airport operators
would use to meet this training requirement. For example, should the
FAA require in security programs specific training as it does for air
carrier ground security coordinators? Should the training be performed
once or should it be recurrent? Should the FAA develop specific
guidance or a curriculum for such a training program? How should
experience be factored into the training requirement? Should existing
ASCs be ``grandfathered'' under the training requirement?
The FAA also proposes moving to this section certain provisions of
existing Sec. 107.31 recently effective [60 FR 51854; October 3, 1995]
regarding the ASC responsibility to review and control results of
access investigations and to serve as the contact for individuals
appealing their results. This change is intended to ensure that all ASC
responsibilities are located in the same section of the rule.
Section 107.7 Inspection Authority
Under this proposal, existing Sec. 107.7 entitled ``Changed
conditions affecting security'' would be moved to proposed Subpart, B
Sec. 107.107. Existing Sec. 107.27 entitled ``Evidence of compliance''
would be given a new title, ``Inspection authority,'' and revised and
renumbered as new Sec. 107.7 under new Subpart A, General. This
proposed section would combine the evidence of compliance requirements
of existing Sec. 107.27 with the FAA's statutory authority to conduct
inspections, investigations, and tests.
Paragraph (a) proposes to state the Administrator's authority to
conduct inspections and investigations necessary to determine
compliance with part 107 and the security program. The authority for
the FAA to conduct inspections necessary to gauge compliance with
Federally-mandated security requirements has, on occasion, been
challenged by airport operators. The new language would resolve any
misunderstanding regarding the FAA's authority to conduct such
inspections under 49 U.S.C. Subtitle VII.
Proposed paragraph (b) would restate the language of existing
Sec. 107.27. Proposed paragraph (c) would clarify the airport
operator's obligation to provide FAA Special Agents the necessary
access and identification media to conduct inspections. This proposed
requirement would not be
[[Page 41766]]
extended in the rule to any FAA employee other than Special Agents.
Special Agents are those FAA employees who are authorized to conduct
inspections of airport and air carrier security operations and who must
possess and present valid FAA-issued credentials. There are some
inspections and investigations that a Special Agent can accomplish only
with unescorted access to the critical security area and restricted
operations area, and it is essential that they be able to accomplish
these tasks. The FAA will provide criteria for ascertaining the
validity of Special Agents' credentials in non-regulatory guidance
materials.
The inclusion of paragraph (c) is intended to facilitate FAA
Special Agents conducting inspections, investigations, tests, and other
duties without being hampered. It is not intended to allow FAA Special
Agents to have access to the entire airport, only to those portions
necessary to conduct their duties. Nor is the FAA proposing to require
airport operators to give access and identification media to all FAA
inspectors. However, as mentioned in the discussion of Sec. 107.209 (d)
below, airports may be required to accept FAA form 8000-39 as a valid
identification media.
Section 107.9 Falsification
Under this proposal, existing Sec. 107.9 entitled ``Amendment of
security program by airport operator'' would be moved to proposed
Subpart B under Sec. 107.105 and retitled ``Approval and amendments.''
Proposed Sec. 107.9 would be new, retitled ``Falsification,'' and would
be included under proposed Subpart A, General. This section is the same
as the current Sec. 107.2 adopted on November 17, 1996 (61 FR 64242
(December 3, 1996).
Section 107.11 Security Responsibilities of Persons
Under this proposal, existing Sec. 107.11 entitled ``Amendment of
security program by FAA'' would be moved to proposed Subpart B under
Sec. 107.105 ``Approval and amendments.'' Proposed Sec. 107.11,
retitled ``Security responsibilities of persons,'' would be included
under Subpart A, General, and would be completely new.
The FAA believes that the contribution of individuals to the
success of the civil aviation system cannot be overestimated and that
the regulations must address the responsibility of individuals who work
within the security system. Therefore, the FAA is proposing to prohibit
persons from tampering, compromising, or modifying any security system,
or carrying a deadly or dangerous weapon, explosive, or destructive
substance into sterile areas, critical security areas, or restricted
operations areas. Although the airport operator is primarily
responsible for carrying out statutory and regulatory security
responsibilities under this part, the FAA believes that it is critical
that persons employed directly by the airport operator understand the
importance of their responsibilities to ensure that security measures
within the civil aviation system are properly implemented. It is also
important that other persons who may have an impact on aviation
security understand their responsibilities.
This section proposes specific requirements to make persons
accountable for complying with regulatory prohibitions against
interfering with or compromising security methods or procedures
required under this part. Moreover, by including these prohibitions in
the regulation, this proposed section would permit the use of civil
penalty action as a means to gain compliance under this part by persons
who are employed by the airport operator and other persons not under
the direct authority of the airport operator (such as trespassers).
While there are some instances in which enforcement action against
persons may be taken by the FAA, in many cases enforcement action would
not be appropriate or necessary. The FAA intends, in proposed
Sec. 107.103, to require the airport operator to include in its
security program procedures to ensure that persons with unescorted
access to critical security areas or restricted operations areas will
comply with the requirements of this section. Many airports already
have such programs in place and have established penalties, such as
monetary fines and revocation of access authorization. The airport
operator would remain the primary party responsible for violations,
including those committed by their employees and contractors. However,
in appropriate cases, persons who fail to comply would be subject to
FAA enforcement action, such as a civil penalty of up to $1,000 per
violation of these rules.
The term ``person,'' used throughout this new section and the
proposed rule, is used as defined in 14 CFR Part 1, under Sec. 1.1,
General Definitions, which defines person to mean an individual, firm,
partnership, corporation, company, association, joint-stock
association, or governmental entity, and includes a trustee, receiver,
assignee, or similar representative of any of them.
Proposed paragraph (a) of this new section would prohibit tampering
or interfering with an airport's security system, including
circumventing access control systems and misusing identification media.
This proposed paragraph is intended to provide a deterrent which, in
turn, would promote the effectiveness of the security control measures
required by this part.
For instance, many airports have invested in personnel
identification systems as a means of satisfying the requirement to
control movement under existing Sec. 107.13 (proposed Sec. 107.203).
This proposal would require the use of personnel identification systems
in both critical security areas and restricted operations areas and
would set forth minimum standards for personnel identification systems.
Establishing sanctions for not complying with personnel identification
media display requirements would significantly promote the
effectiveness of personnel identification systems.
Further, this section would prohibit persons from compromising, or
rendering less effective, any system implemented in response to the
various requirements of this part. This prohibition includes similar
language found in existing Sec. 107.25(f) that prohibits the use of an
airport-approved identification by any person unless it is issued to
that person. However, the proposed language would expand the
prohibition to encompass any type of intentional misuse, such as
tampering, compromise, or modification, of security systems or the
unauthorized circumvention of these systems. Such acts would include
writing on walls or doors combination lock numbers that provide access
to critical security areas or restricted operations areas, temporarily
or permanently disabling electronic access systems, and loaning of
access or identification media which would provide access to, or
movement within, security-sensitive areas of an airport without
authorization.
Under part 108, the responsibility rests with the air carrier for
ensuring that unauthorized items which may be harmful to civil aviation
or to the traveling public do not get into the sterile area. The FAA,
accordingly, believes that the current prohibition found in existing
Sec. 107.21(a) against the introduction of a deadly or dangerous
weapon, explosive, or incendiary into sterile areas is more
appropriately located in part 108. The FAA proposes transferring the
existing prohibition found in Sec. 107.21(a) to proposed part 108.
The risk to the traveling public presented by the presence of a
deadly or dangerous weapon, explosive, or incendiary, or destructive
substance
[[Page 41767]]
should not be underestimated. Paragraph (b) of this section, as
proposed, has been drafted to prohibit the unauthorized possession of
such weapons or other dangerous items in sterile areas, critical
security areas, and restricted operations areas. The current rules
refer to the carriage of ``explosive, incendiary, or deadly or
dangerous weapons'' in various places, including existing Sec. 107.21
and Sec. 108.9. The statute, however, refers to searching persons and
property for the presence of a ``dangerous weapon, explosive, or other
destructive substance.'' (See 49 U.S.C. 44902) In order to make more
clear what items the air carriers search for and what items are
controlled in various areas secured for the purposes of part 107, the
FAA proposes to refer throughout the revised part to ``deadly or
dangerous weapon, explosive, incendiary, or other destructive
substance.'' This change is proposed in paragraph (b) of this section
as well as proposed Sec. 107.101(a)(1), Sec. 107.219(c)(1), and
Sec. 107.219(c)(4)(ii). The FAA also will provide guidance on
destructive substances.
This section is also intended to prohibit persons from conducting
unauthorized ``tests'' of airport security systems by compromising or
circumventing any element of the system. However, proposed paragraph
(c), would allow for individuals authorized by the Federal government,
airport operator, and air carrier to conduct tests and inspections of
security systems.
Provisions regarding the carriage of firearms by law enforcement
officers and other authorized personnel found in existing
Sec. 107.21(b) would be included in proposed paragraph (d). Paragraph
(d) proposes that provisions of this section that apply to firearms and
weapons would not be applicable to law enforcement personnel, Federal
Air Marshals, and certain individuals authorized in an airport security
program to carry a weapon. This paragraph would further exempt persons
properly transporting declared firearms under proposed Sec. 108.213 or
hazardous materials under 49 CFR part 175 from firearms and weapons
prohibitions. Proposed paragraph (d)(7) also would exclude from these
prohibitions weapons and firearms legally carried aboard non-air-
carrier aircraft, such as general aviation pilots operating personal
aircraft and transporting firearms in compliance with state and local
laws.
The concept of requiring persons to be responsible for complying
with security measures was generally supported by the ASAC,
particularly the airport operator representatives. Two ASAC members,
the Air Line Pilots Association and the National Air Transport
Association, however, expressed reservations about the feasibility of
enforcing such a requirement and suggested that security resources
could be better used elsewhere to achieve the same results. By
promoting awareness of security responsibilities, this proposal also
would address the concerns raised by the DOT Inspector General about
employee awareness of, and compliance with, access control and
challenge procedures. Further, this proposed section parallels efforts
to require that persons be accountable for their actions related to the
dissemination of sensitive security information [Sensitive Security
Information, final rule published 62 FR 13736, March 21, 1997].
Other federal regulations and statutes may also contain applicable
security and safety responsibilities of persons, including the
following: proposed Sec. 107.207, Access investigation; proposed
Sec. 108.201 Screening of persons and property and acceptance of cargo;
proposed Sec. 108.213 of this part, Carriage of weapons; Part 191 of
this chapter, Protection of Sensitive Security Information; 49 CFR part
175, Transportation of hazardous materials; 49 U.S.C. 46302, regarding
false information involving aircraft piracy, interference with flight
crew members, carrying a weapon, and other criminal laws; and 49 U.S.C.
46303, regarding carriage of a weapon.
Subpart B--Airport Security Program
Section 107.101 Requirements
While part 107 is a public document and sets forth broad airport
security requirements, the security-sensitive details of how an airport
meets these requirements are contained separately in the airport's FAA-
approved, non-public security program. The FAA intends to continue to
use this method and proposes a new security program requirements
section, Sec. 107.101. This proposed section would be included under
proposed Subpart B which would incorporate all sections relating to
airport security programs. The provisions of existing Sec. 107.3(a)
would be stated in this proposed section. The FAA believes that this
minor change will help the reader comprehend the overall purpose and
format of an airport security program.
This new section would incorporate similar provisions of the
existing regulation that require the airport security program to be in
writing, and that a copy be kept at the airport operations office. The
program's objective has been modified to include protection against the
introduction of a deadly or dangerous weapon, explosive, incendiary, or
other destructive substances onto aircraft. Also, the reference to the
Director of Civil Aviation Security would be updated to Assistant
Administrator and reference to part 191 prohibitions on the
distribution and disclosure of sensitive security information would be
included.
The FAA is developing a Standard Airport Security Program (SASP) to
aid airport operators in developing and revising their security
programs. Drafting of the model program is being coordinated with the
revision of part 107 and it is scheduled to be available shortly after
the publication of the final rule of part 107. Additionally, the FAA is
revising security advisory circulars to ensure that they reflect any
changes to part 107 resulting from this rulemaking; the circulars are
intended to be available references for the development and revision of
airport security programs.
Section 107.103 Content
This proposed section would be new and would be added to proposed
Subpart B, Airport Security Program. It would describe the required
content of airport security programs. Basically, it would revise the
provisions of existing Sec. 107.3.
Existing Sec. 107.3 defines the type of air carrier operation that
requires a specific airport security program. Currently, the type of
security program an airport operator must implement is expressed in
terms of the type of aircraft operations. The proposed revision would
express the applicability in terms of aircraft operations regulated
under proposed Sec. 108.101. Proposed Sec. 108.101, Security program:
Adoption and Implementation, requires each air carrier to adopt and
carry out a security program as it applies to the type of operations
conducted. This change is intended to promote consistency and
interdependency between parts 107 and 108.
The FAA designs security regulations to provide varying levels of
protection based upon the size, type, and frequency of aircraft
operations. Security provisions, therefore, are more demanding at
airports where air carriers utilize large transport airplanes with 60
seats or more, and have scheduled departures and arrivals. The number
and nature of crimes against civil aviation since 1972 validates the
connection between the requirement for an airport security program and
the type of aircraft serving a given airport.
[[Page 41768]]
Experience shows that airport served only by smaller aircraft need
not comply with all requirements appropriate for airports served by
larger aircraft. This approach currently allows smaller airports to
implement security measures in a more economical manner. The FAA
believes that this has provided an acceptable level of security at such
facilities and proposes to continue this approach to airport operator
security programs.
The proposed rule continues to specify three different security
programs varying in complexity, but the proposed part 108 would modify
the type of passenger operations that would determine the program
required. The most comprehensive security program would continue to be
applicable to airports serviced by scheduled passenger operations with
aircraft of more than 60 seats.
The type of passenger operations that trigger the two remaining
types of airport security programs have been expanded somewhat, as the
result of proposed changes to part 108, to ensure complete protection
of the sterile area and to ensure security of all passengers, even
those enplaned by private charters and on helicopters (discussed
below).
As proposed, airports that serve scheduled passenger or public
charter passenger operations with aircraft having a passenger seating
configuration of more than 60 seats would continue to have in their
security program descriptions of the following:
1. Areas to be secured and those adjacent to the airport that would
affect security;
2. Procedures to control access to areas to be secured;
3. Exclusive areas and the procedures each air carrier must use to
notify the airport operator when that air carrier cannot adequately
control access;
4. Law enforcement support and training;
5. System for maintaining records; and
6. Alternate security procedures to be used in emergencies and
other unusual conditions.
Proposed Sec. 107.103(a) also would add new requirements to require
such airports to include in their security program a description of the
following:
1. Airport security coordinator's duties, means of contact,
training and identification;
2. Security compliance program;
3. Critical security area boundaries, activities, entities and
signs, as well as procedures, facilities, and equipment used to perform
the control functions;
4. Restricted operations area boundaries, activities, entities and
signs, as well as procedures, facilities, and equipment used to perform
the control functions;
5. Sterile area boundaries and procedures, facilities and equipment
used to control access, other than the passenger screening checkpoint;
6. Personnel background check procedures;
7. Personnel and vehicle identification systems;
8. Escort and challenge procedures;
9. Employee and tenant training programs;
10. Schedule for submitting records;
11. Procedures, facilities, and equipment supporting air carrier
passenger screening operations, including law enforcement support;
12. Procedures, facilities, and equipment supporting the
contingency plan;
13. Procedures for handling Security Directives, Information
Circulars, and classified information, as appropriate;
14. Procedures for public advisories;
15. Incident management procedures; and
16. Each airport tenant security agreement, including a description
of the area and procedures, facilities, and equipment used to perform
the control functions, and methods by which the airport operator will
monitor and audit the tenant.
A second level of standards, contained in proposed Sec. 107.103(b),
would be required for airport operators serving air carrier operations
described in proposed Sec. 108.101 (a)(2) and (a)(3) and existing
Sec. 129.25 (b)(2) and (b)(3). Existing Sec. 107.3(g) requires an
airport operator to have a security program if served by scheduled
passenger or public charter operations where passengers are enplaned
from, or deplaned into, a sterile area. Proposed Sec. 107.103(b) would
still require an airport serving these type of air carrier operations
to have an airport security program but, by referencing proposed
Sec. 108.101 (a)(2) and (a)(3), these operations would be expanded to
also cover public charter operations using aircraft with less than 61
seats and any private charter operations when passengers are enplaned
from, or deplaned into, a sterile area.
For such airports, the minimum law enforcement standards would
remain essentially the same; however, requirements for an airport
security coordinator, as well as the establishment of contingency plans
and incident response procedures, are proposed. As these additions
typically are procedural in nature, the FAA believes that the inclusion
of such requirements would not unduly burden airports with such limited
operations. Instead, this enhancement would promote better compliance
and emergency preparedness by ensuring better coordination and
dissemination of security-related information, and response to threats
to civil aviation.
Specifically, this notice proposes that an airport operator serving
air carrier operations specified in proposed Sec. 108.101 (a)(2) and
(a)(3) and existing Sec. 129.25 (b)(2) and (b)(3) would continue to
have in their security program the descriptions of law enforcement
support and training, the descriptions of a system for maintaining
records, and also the identity and means to contact the airport
security coordinator.
Proposed Sec. 107.103(b) also would require such airports to
include in their security program a description of the following:
1. Airport security coordinator duties and training;
2. Schedule for submitting records;
3. Procedures, facilities, and equipment supporting the contingency
plan;
4. Procedures for handling Security Directives, Information
Circulars, and classified information, as appropriate;
5. Procedures for public advisories; and
6. Incident management procedures.
The third and final level in proposed Sec. 107.103(c) is intended
for airports served by air carriers required to have a security program
under proposed Sec. 108.101(a)(4) and existing Sec. 129.25(b)(4).
Similar to existing Sec. 107.3(f), an airport security program would be
required if the airport is served by air carriers that have scheduled
passenger operations in an aircraft with a passenger seating
configuration of more than 30 but less than 61 seats. Proposed
Sec. 108.101(a)(4), however, would expand the applicability to public
charter operations as well as private charter operations using aircraft
with more than 30 seats and any type of international operation using
an aircraft of less than 61 seats to and from the United States. Such
air carriers would not be required to implement all security measures
at all times. They would implement portions of their security program
only when directed by the Administrator to do so.
Similar to the second level of airport security program
requirements, the FAA proposes to expand program requirements for this
third category of airports to include establishing procedures for
incident response and public advisories. Again, the FAA views these
additions as procedural and not unduly burdensome, and believes they
[[Page 41769]]
would promote a higher level of emergency preparedness.
Specifically, this notice proposes that an airport operator serving
air carrier operations specified in proposed Sec. 108.101(a)(4) and
existing Sec. 129.25(b)(4) would continue to have in their security
program the descriptions of law enforcement support availability and
training, the descriptions of a system for maintaining records, and
also the identity and means to contact the airport security
coordinator. Proposed Sec. 107.103(c) also would require such airports
to include in their security program a description of the following:
1. Airport security coordinator duties and training;
2. A schedule for submitting records;
3. Procedures for handling Security Directives, Information
Circulars, and classified information, as appropriate;
4. Procedures for public advisories;
5. Incident management procedures.
The following chart compares security program requirements between
airports served by different levels of air carrier operations:
------------------------------------------------------------------------
Airport served by
-----------------------------------------
Other schd.
Scheduled operations Any
Proposed requirement operations and public/ operations
and public private not required
charter > 60 charter to screen Access to Secured Areas at Airports (1988).
Security Directives (1989).
Explosives Detection Systems (1989).
X-Ray Systems (1990).
Employment Standards (1990).
---------------------------------------------------------------------------
In reviewing the five security-related rules, the costs were
updated from their respective base-year dollars to 1994 dollars using
the implicit price deflator for Gross Domestic Product. The present
value of the costs and benefits was recalculated using the current
discount rate of 7 percent. The FAA has developed new data that has
improved components of past analyses. The estimated update discounted
costs total $498 million.
The FAA has developed three cost-benefit comparisons. Comparing
benefits of $1.871 billion, which are based on the historical record of
incidents, to the combined estimated costs of the proposed amendments
to parts 107 and 108, $217.4 million, suggests that expected benefits
exceed estimated costs.
Using the Poisson distribution, the FAA estimated the probability
of occurrence of potential benefits. From this information, the agency
has been able to determine the probability of obtaining occurrences
where potential benefits would exceed costs. Each of the criminal and
terrorists incidents, explosions, hijackings, and sabotage, has a range
of expected occurrences (based on the current assumed level of threat)
with an associated probability for each discrete number of events. The
FAA calculated the probability and associated benefits of each possible
combination of occurrences. The results of this analysis indicate that
the probability exceeds 95% that obtaining combinations of occurrences
where the benefits of avoiding any of these combinations of occurrences
will exceed the estimated costs of these proposed rules.
When the estimated cost of these two proposed rules are added to
the cost of the five security rules ($727 million, undiscounted)
already issued, the combined cost is $944 million, undiscounted. The
probability of obtaining a combination of occurrences yielding benefits
equal to or greater than $944 million is over 68%. The FAA, therefore,
has determined that the benefits of these two proposed rules exceed
their costs, even when the costs of these two rules are added to the
cost of the previously issued rules.
International Trade Impact Statement
In accordance with the Office of Management and Budget memorandum
dated March 1983, federal agencies engaged in rulemaking activities are
required to assess the effects of regulatory changes on international
trade. This proposed rule would affect all airport owners that have an
FAA-approved security program in accord with part 107. Unlike domestic
air carriers that compete with foreign air carriers, domestic airports
are not in competition with foreign airports. For this reason, a trade
impact assessment would not be applicable.
Initial Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) was enacted by
Congress to ensure that small entities are not unnecessarily burdened
by government regulations. The RFA requires agencies to review rules
that may have a ``significant economic impact on a substantial number
of small entities.''
The FAA's criterion for a ``substantial number'' is a number that
is not less than 11 and that is more than one third of the small
entities subject to the rule. The FAA's small entity size standards
criterion define a small airport as one owned by a county, city, town
or other jurisdiction having a population of
[[Page 41783]]
49,999 or less. If two or more towns, cities, or counties operate an
airport jointly, the population size of each are totaled to determine
whether that airport is a small entity. The threshold annualized cost
levels in December 1983 dollars is $5,400 for airports; adjusting to
1994 values, this threshold cost becomes $7,800.
The FAA examined all primary airports \8\ to determine the number
of airports classified as small entities. After reviewing population
data, the FAA determined that 108 of the primary non-military airports
are owned by jurisdictions with populations less than 50,000.
---------------------------------------------------------------------------
\8\ A primary airport is one which enplanes 10,000 or more
passengers annually (as per 49 U.S.C. 47102 (11)).
---------------------------------------------------------------------------
Some airports are already in compliance with portions of the
proposed rule and the total costs estimated in the regulatory
evaluation were adjusted accordingly. However, this regulatory
flexibility determination, in looking for the maximum cost that could
be incurred by a small entity airport, assumed that the typical airport
was not in compliance. Annually, the proposed part 107 would cost the
average Type A (<2) airport no more than $28,299, save the typical Type
B airport $3,327, and cost the typical Type C airport no more than
$2,869.
The cost of the proposed part 107 to Types B and C are less than
the threshold figure of $7,800, but the costs of Type A (<2) airports
exceed this threshold. As noted above, there are 21 Type A (<2)
airports in the 108 airports that qualify as small entities. At 19% of
the number of small entities, this is less than the definition of a
``substantial number''. Therefore, the FAA finds that this proposed
rule would not have a significant impact on a substantial number of
small entities.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (the Act),
enacted as Pub. L. 104-4 on March 22, 1995, requires each Federal
agency, to the extent permitted by law, to prepare a written assessment
of the effects of any Federal mandate in a proposed or final agency
rule that may result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of $100
million or more (adjusted annually for inflation) in any one year.
Section 204(a) of the Act, 2 U.S.C. 1534(a), requires the Federal
agency to develop an effective process to permit timely input by
elected officers (or their designees) of State, local, and tribal
governments on a proposed ``significant intergovernmental mandate.'' A
``significant intergovernmental mandate'' under the Act is any
provision in a Federal agency regulation that will impose an
enforceable duty upon State, local, and tribal governments, in the
aggregate, of $100 million (adjusted annually for inflation) in any one
year. Section 203 of the Act, 2 U.S.C. 1533, which supplements section
204(a), provides that before establishing any regulatory requirements
that might significantly or uniquely affect small governments, the
agency shall have developed a plan that, among other things, provides
for notice to potentially affected small governments, if any, and for a
meaningful and timely opportunity to provide input in the development
of regulatory proposals. This proposed rule does not contain any
Federal intergovernmental mandates or private sector mandates.
Federalism Implications
The regulations proposed herein 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 Executive Order 12612, it is determined that this
proposed regulation will not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Conclusion
For the reasons discussed in the preamble, and based on the
findings in the Initial Regulatory Flexibility Determination and the
International Trade Impact Analysis, the FAA has determined that this
proposed regulation is significant under Executive Order 12866. In
addition, it is certified that this proposal, if adopted, will not have
a significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. This proposal is considered significant under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979).
List of Subjects
14 CFR Part 107
Airports, Arms and munitions, Law enforcement officers, Reporting
and recordkeeping requirements, Security measures.
14 CFR Part 139
Air carriers, Airports, Aviation safety.
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend parts 107 and 139 of 14 CFR as
follows:
1. Part 107 is revised to read as follows:
PART 107--AIRPORT SECURITY
Sec.
Subpart A--General
107.1 Applicability.
107.3 Definitions.
107.5 Airport security coordinator.
107.7 Inspection authority.
107.9 Falsification.
107.11 Security responsibilities of persons.
Subpart B--Airport Security Program
107.101 General requirements.
107.103 Content.
107.015 Approval and amendments.
107.107 Changed conditions affecting security.
107.109 Alternate means of compliance.
107.111 Exclusive area agreements.
107.113 Airport tenant security programs.
Subpart C--Operations
107.201 Security of the critical security area.
107.203 Security of the restricted operations area.
107.205 Access control systems.
107.207 Employment history, verification, and criminal history
records checks.
107.209 Identification systems.
107.211 Training.
107.213 Law enforcement support.
107.215 Law enforcement personnel.
107.217 Supplementing law enforcement personnel.
107.219 Records.
Subpart D--Contingency Measures
107.301 Contingency plan.
107.303 Security directives and information circulars.
107.305 Public advisories.
107.307 Incident management.
Authority: 49 U.S.C. 106(g), 5103, 40113, 40119, 44701-44702,
44706, 44901-44905, 44907, 44913-44914, 44932, 44935-44936, 46105.
Subpart A--General
Sec. 107.1 Applicability.
(a) This part describes aviation security rules governing:
(1) The operation of each airport regularly serving an air carrier
required to have a security program under part 108 of this chapter.
(2) The operation of each airport regularly serving a foreign air
carrier required to have a security program under Sec. 129.25 of this
chapter.
(3) Each person who is in, or entering, a critical security area,
restricted operations area, or sterile area described in this part and
part 108 of this chapter.
[[Page 41784]]
(4) Each person who files an application or makes entries into any
record or report that is kept, made, or used to show compliance under
this part, or to exercise any privileges under this part.
(b) Except as provided in Sec. 107.105 of this part, the authority
of the Administrator under this part is also exercised by the Assistant
Administrator of Civil Aviation Security and the Deputy Assistant
Administrator for Civil Aviation Security, and any individual formally
designated to act in their capacity. The authority of the Assistant
Administrator, including matters under Sec. 107.105 of this part, may
be further delegated.
Sec. 107.3 Definitions.
Terms defined in part 108 of this chapter apply to this part. For
purposes of this part, part 108 of this chapter, and security programs
under these parts, the following definitions also apply:
Airport operator means a person who operates an airport serving an
air carrier or a foreign air carrier required to have a security
program under part 108 or Sec. 129.25 of this chapter.
Airport security program means an airport operator's security
program required under Sec. 107.101 of this part and approved by the
Administrator.
Air tenant means any person, other than an air carrier or foreign
air carrier that has a security program under part 108 or Sec. 129.25
of this chapter, that has an agreement with the airport operator to
conduct business on airport property.
Airport tenant security program means the agreement between the
airport operator and an airport tenant that specifies the measures by
which the tenant will perform security functions under Sec. 107.113 of
this part.
Assistant Administrator means the FAA Assistant Administrator for
Civil Aviation Security as described in 49 U.S.C. 44932.
Critical security area means a portion of an airport specified in
the airport security program in which security measures specified in
this part are carried out. In general, this area is where air carriers
and foreign air carriers enplane and deplane passengers, and sort and
load baggage, and any adjacent areas that are not separated by security
controls or physical barriers.
Escort means to accompany or supervise an individual who does not
have unescorted access authority to a critical security area or a
restricted operations area, in a manner sufficient to take action
should the individual engage in activities other than those for which
the escorted access is granted.
Exclusive area means any portion of a critical security area or
restricted operations area, including individual access points, for
which an air carrier or foreign air carrier that has a security program
under part 108 or Sec. 129.25 of this chapter has assumed
responsibility under Sec. 107.111 of this part.
Exclusive area agreement means an agreement between the airport
operator and an individual air carrier or foreign air carrier that has
a security program under part 108 or Sec. 129.25 of this chapter that
permits such an air carrier or foreign air carrier to assume
responsibility for specified security measures in accordance with
Sec. 107.111 of this part.
Restricted operations area means a portion of an airport specified
in the airport security program in which security measures specified in
this part are carried out. In general, this area is where air carrier
and foreign air carrier aircraft take off, land, taxi, park, and
otherwise maneuver (other than critical security areas), and any
adjacent areas that are not separated by security controls or physical
barriers.
Unescorted access authority means the authority granted to
individuals by an airport operator, air carrier, foreign air carrier,
or airport tenant authorized under this part, or parts 108 or 129 of
this chapter, to gain access to, and be without an escort in, critical
security areas and restricted operations areas.
Sec. 107.5 Airport security coordinator.
(a) Each airport operator shall designate an Airport Security
Coordinator (ASC), and any alternate ASC as necessary, in the airport
security program to serve as the airport operator's primary and
immediate contact for security-related activities and communications
with the FAA. Any individual designated as an ASC may perform other
work duties in addition to those described in paragraph (b) of this
section.
(b) The ASC, or alternate ASC, shall--
(1) Serve as the airport operator's primary and immediate contact
for security-related activities and communications with the FAA;
(2) Be available to the FAA on a 24-hour basis;
(3) Review with sufficient frequency all security-related functions
to ensure that all are effective and in compliance with this part,
including the airport security program, airport tenant activities, and
applicable security directives;
(4) Immediately initiate corrective action for any instance of non-
compliance with this part, the airport security program, and applicable
security directives;
(5) Review and control the results of access investigations
required under Sec. 107.207 of this part;
(6) Serve as the contact to receive notification from individuals
applying for unescorted access of their intent to seek correction of
their criminal history record with the FBI; and
(7) Perform any other duties deemed necessary by the Administrator
as set forth in the airport security program or in a Security
Directive.
(c) Effective [insert 180 days after publication of the final rule
in the Federal Register], each airport operator shall ensure and
document that the individual designated as the ASC, and each designated
alternate ASC, has been trained within the preceding 24 calendar months
to carry out the responsibilities described in paragraph (b) of this
section, as specified in the airport security program. The airport
operator shall maintain ASC training documentation in its principal
operations office until 180 days after the termination of each
individual serving as an ASC.
(D) With respect to training required under this section, whenever
a person completes recurrent training in the calendar month before or
the calendar month after the calendar month in which that training is
required, that person is considered to have completed the training in
the calendar month in which it was required.
Sec. 107.7 Inspection authority.
(a) Each airport operator shall allow the Administrator, including
FAA Special Agents, at any time or place, to make any inspections or
tests to determine compliance of the airport operator, air carrier,
foreign air carrier, and other airport tentants with--
(1) The airport security program;
(2) This part;
(3) 49 CFR part 175, which relates to the carriage of hazardous
materials by aircraft; and
(4) 49 U.S.C. Subtitle VII, as amended.
(b) At the request of the Administrator, each airport operator
shall provide evidence of compliance with this part and its airport
security program.
(c) On request of any FAA Special Agent, and presentation of valid
FAA-issued credentials, each airport operator shall issue to that agent
access and identification media to provide the special agent with
unescorted access to, and movement within, critical security areas and
restricted operations areas.
[[Page 41785]]
Sec. 107.9 Falsification.
No person may make, or cause to be made, any of the following:
(a) Any fraudulent or intentionally false statement in any
application for any security program, access medium, or identification
medium, or any amendment thereto, under this part.
(b) Any fraudulent or intentionally false entry in any record or
report that is kept, made, or used to show compliance with this part,
or exercise any privileges under this part.
(c) Any reproduction or alteration, for fraudulent purpose, of any
report, record, security program, access medium, or identification
medium issued under this part.
Sec. 107.11 Security responsibilities of persons.
(a) No person may:
(1) Tamper or interfere with, compromise, modify, attempt to
circumvent, or cause a person to tamper or interfere with, compromise,
modify, or circumvent, any security system, method, or procedure
implemented under this part.
(2) Enter, or be present within, a critical security area or
restricted operations area without complying with the systems, methods,
or procedures being applied to control access to, or presence in such
areas.
(3) Use, allow to be used, or cause to be use, any airport-approved
access medium or identification medium that authorizes the access or
presence of persons and vehicles in critical security areas or
restricted operations areas in any other manner than that for which it
was issued by the appropriate authority under this part, part 108, or
part 129 of this chapter.
(b) Except as provided in 49 U.S.C. subtile VII, and paragraphs (c)
and (d) of this section, no individual may have any deadly or dangerous
weapon, explosive, incendiary, or other destructive substance on or
about the individual's person or accessible property when entering, or
within a critical security area or restricted operations area of an
airport governed by this part, or a sterile area governed under
Sec. 108.201 of this chapter.
(c) The provisions of this section with regard to paragraphs (a)
and (b) of this section do not to apply to persons authorized by the
Federal Government, airport operator, air carrier, or foreign air
carrier to conduct inspections for compliance with this part, part 108,
or part 129 of this chapter, or 49 U.S.C. subtitle VII, while they are
conducting an inspection.
(d) The provisions of this section with respect to firearms and
weapons do not apply to the following:
(1) Law enforcement personnel required to carry a firearm or other
weapon while in the performance of their duties at the airport.
(2) Persons authorized to carry a firearm under Sec. 108.213,
Sec. 108.215, or Sec. 129.27 of this chapter.
(3) Persons authorized to carry a firearm in a sterile area,
critical security area, or restricted operations area under this part,
an approved airport security program, an approved air carrier security
program, or security program used in accordance with Sec. 129.25 of
this chapter.
(4) Properly declared firearms in checked baggage for transport
under Sec. 108.213 of this chapter.
(5) Transportation of hazardous materials under 49 CFR part 175.
(6) Federal Air Marshals.
(7) Aircraft operators not subject to part 108 or part 129 of this
chapter carrying firearms in accordance with state and local law.
Subpart B--Airport Security Program
Sec. 107.101 General requirements.
(a) No person may operate an airport subject to this part unless it
adopts and carries out an airport security program that--
(1) Provides for the safety and security of persons and property on
an aircraft operating in air transportation or intrastate air
transportation against an act of criminal violence, aircraft piracy,
and the introduction of deadly or dangerous weapon, explosive,
incendiary, or other destructive substance onto an aircraft;
(2) Is in writing and is signed by the airport operator or any
person to whom the airport operator has delegated authority in this
matter;
(3) Includes the items listed in Sec. 107.103 of this part;
(4) Is organized in the same sequence as Sec. 107.103 of this part
to the extent practicable; and
(5) Has been approved by the Administrator.
(b) The airport operator shall maintain one complete copy of the
security program in its principal operations office, and make it
available for inspection upon the request of the Administrator.
(c) Each airport operator shall--
(1) Restrict the distribution, disclosure, and availability of
sensitive security information, as defined in part 191 of this chapter,
to persons with a need to know, and
(2) Refer all requests for sensitive security information by other
persons to the Administrator.
Sec. 107.103 Content.
(a) Except as otherwise approved by the Administrator, each airport
regularly serving an air carrier, required to conduct screening under
Sec. 108.101(a)(1) or Sec. 129.25(b)(1) of this chapter, shall include
in the security program a description of the following--
(1) Name, means of contract, duties, and training requirements of
the airport security coordinator, and designated alternates, required
under Sec. 107.5 of this part.
(2) Security compliance program that specifies procedures the
airport operator will implement to ensure persons with authorized
unescorted access to critical security areas and restricted operations
areas comply with Sec. 107.9 and Sec. 107.11 (a) and (b) of this part,
including revocation of unescorted access authority of persons that
fail to comply with security requirements.
(3) Critical security areas, including--
(i) Dimensions and a map detailing boundaries and pertinent
features;
(ii) Each activity or entity on, or adjacent to, a critical
security area that affects security;
(iii) Procedures, facilities, and equipment used to perform the
access control functions required under Sec. 107.201(b)(1) of this
part; and
(iv) Notification signs required under Sec. 107.201(b)(7) of this
part.
(4) Restricted operations areas, including--
(i) Dimensions and a map detailing boundaries, and pertinent
features;
(ii) Each activity or entity on, or adjacent to, a restricted
operations area that affects security;
(iii) Procedures, facilities, and equipment used to perform the
access control functions required under Sec. 107.203(b)(1) of this
part, and
(iv) Notification signs required under Sec. 107.203(b)(7) of this
part.
(5) Sterile areas, including--
(i) Dimensions and a map detailing boundaries and pertinent
features;
(ii) Activities and tenants located within the sterile area;
(iii) Access controls to be used when the passenger-screening
checkpoint is non-operational and the entity responsible for that
access control; and
(iv) Procedures, facilities, and equipment used to control access
as specified in Sec. 107.205 of this part.
(6) Access investigation procedures used to comply with
Sec. 107.207 of this part.
(7) Personnel and vehicle identification systems as described in
Sec. 107.209 of this part.
[[Page 41786]]
(8) Escort procedures in accordance with Sec. 107.205(d) of this
part.
(9) Challenge procedures in accordance with Sec. 107.209(f) of this
part.
(10) Training programs required under Sec. 107.211 and Sec. 107.215
of this part.
(11) Law enforcement support used to comply with Sec. 107.213(a) of
this part.
(12) System for maintaining records and schedule for reporting
records, as described in Sec. 107.219 of this part.
(13) Procedures, facilities, and equipment used to support air
carrier or foreign air carrier screening functions of Sec. 108.211 of
this chapter.
(14) Procedures, facilities, and equipment incorporated in the
contingency plan required under Sec. 107.301 of this part.
(15) Procedures for the distribution, storage, and disposal of
Security Directives, Information Circulars, and, as appropriate,
classified information, as specified in Sec. 107.303 of this part.
(16) Procedures for public advisories as specified in Sec. 107.305
of this part.
(17) Incident management procedures used to comply with
Sec. 107.307 of this part.
(18) Alternate security procedures, if any, that the airport
operator intends to use in the event of natural disasters and other
emergencies or unusual conditions.
(19) Each exclusive area required under Sec. 107.111 of this part.
(20) Each airport tenant security program as specified in
Sec. 107.113 of this part.
(b) Except as otherwise approved by the Administrator, each airport
regularly serving an air carrier or foreign air carrier required to
conduct screening under Sec. 108.101(a)(2) or (a)(2) or (a)(3), and
Sec. 129.25(b)(2) or (b)(3) of this chapter shall include in the
security program a description of the following--
(1) Name, means of contact, duties, and training requirements of
the airport security coordinator, and designated alternates, as
required under Sec. 107.5 of this part;
(2) Law enforcement support used to comply with Sec. 107.213(a) of
this part;
(3) Training program for law enforcement personnel required under
Sec. 107.215 of this part;
(4) System for maintaining records and schedule for reporting
records, as described in Sec. 107.219 of this part;
(5) Procedures, facilities, and equipment incorporated in the
contingency plan required under Sec. 107.301 of this part;
(6) Procedures for the distribution, storage, and disposal of
Security Directives, Information Circulars, and, as appropriate,
classified information, as specified in Sec. 107.303 of this part;
(7) Procedures for public advisories as specified in Sec. 107.305
of this part; and
(8) Incident management procedures used to comply with Sec. 107.307
of this part.
(c) Except as otherwise approved by the Administrator, each airport
regularly serving an air carrier or foreign air carrier required to
have a security program under Sec. 108.101(a)(4) or Sec. 129.25(b)(4)
of this chapter, shall include in the security program a description of
the following--
(1) Name, means of contact, duties, and training requirements of
the airport security coordinator, and designated alternates, required
under Sec. 107.5 of this part;
(2) Law enforcement support used to comply with Sec. 107.213(b) of
this part;
(3) Training programs for law enforcement personnel required under
Sec. 107.215 of this part;
(4) System for maintaining records and schedule for reporting
records, as described in Sec. 107.219 of this part;
(5) Procedures for the distribution, storage, and disposal of
Security Directives, Information Circulars, and, as appropriate,
classified information as specified in Sec. 107.303 of this part;
(6) Procedures for public advisories as specified in Sec. 107.305
of this part; and
(7) Incident management procedures used to comply with Sec. 107.307
of this part.
(d) The airport operator may comply with paragraphs (a), (b), and
(c) of this section by including in the security program, as an
appendix, any document that contains the information required by
paragraphs (a), (b), and (c). Such an appendix shall be referenced in
the corresponding section(s) of the security program.
Sec. 107.105 Approval and amendments.
(a) Approval of security program. Unless otherwise authorized by
the Assistant Administrator, each airport operator required to have an
airport security program under this part shall submit its proposed
airport security program to the Assistant Administrator for approval at
least 90 days before any air carrier or foreign air carrier, required
to have a security program under Sec. 108.101 or Sec. 129.25 of this
chapter, is expected to begin operations. Such requests shall be
processed as follows:
(1) Within 30 days after receiving the proposed airport security
program, the Assistant Administrator will either approve the program or
give the airport operator written notice to modify the program to
comply with the applicable requirements of this part.
(2) Within 30 days of receiving a notice to modify, the airport
operator may either submit a modified security program to the Assistant
Administrator for approval, or petition the Administrator to reconsider
the notice to modify. A petition for reconsideration must be filed with
the Assistant Administrator. Except in the case of an emergency
requiring immediate action in the interest of safety, the filing of the
petition stays the notice pending a decision by the Administrator.
(3) Upon receipt of a petition for reconsideration, the Assistant
Administrator either amends or withdraws the notice, or transmits the
petition, together with any pertinent information, to the Administrator
for reconsideration. The Administrator disposes of the petition within
30 days of receipt by either directing the Assistant Administrator to
withdraw or amend the notice to modify, or by affirming the notice to
modify.
(b) Amendment Requested by an Airport Operator. Except as provided
in Sec. 107.107(c) of this part, an airport operator may submit a
request to the Assistant Administrator to amend its airport security
program, as follows:
(1) The application must be filed with the Assistant Administrator
at least 45 days before the date it proposes for the amendment to
become effective, unless a shorter period is allowed by the Assistant
Administrator. However, in accordance with the procedures in this
paragraph, it may take longer than 45 days for a final decision by the
Administrator.
(2) Within 30 days after receiving a proposed amendment, the
Assistant Administrator, in writing, either approves or denies the
request to amend.
(3) An amendment to an airport security program may be approved if
the Assistant Administrator determines that safety and the public
interest will allow it, and the proposed amendment provides the level
of security required under this part.
(4) Within 30 days after receiving a denial, the airport operator
may petition the Administrator to reconsider the denial.
(5) Upon receipt of a petition for reconsideration, the Assistant
Administrator either approves the request to amend or transmits the
petition, together with any pertinent information, to the Administrator
for reconsideration. The Administrator disposes of the petition within
30 days of receipt by either directing the Assistant Administrator to
approve the amendment or affirm the denial.
[[Page 41787]]
(c) Amendment by the FAA. If safety and the public interest require
an amendment, the Assistant Administrator may amend an airport security
program as follows:
(1) The Assistant Administrator sends to the airport operator a
notice, in writing, of the proposed amendment, fixing a period of not
less than 30 days within which the airport operator may submit written
information, views, and arguments on the amendment.
(2) After considering all relevant material, the Assistant
Administrator notifies the airport operator of any amendment adopted or
rescinds the notice. If the amendment is adopted, it becomes effective
not less than 30 days after the airport operator receives the notice of
amendment, unless the airport operator petitions the Administrator to
reconsider no later than 15 days before the effective date of the
amendment. The airport operator shall send the petition for
reconsideration to the Assistant Administrator. A timely petition for
reconsideration stays the effective date of the amendment.
(3) Upon receipt of a petition for reconsideration, the Assistant
Administrator either amends or withdraws the notice, or transmits the
petition, together with any pertinent information to the Administrator
for reconsideration. The Administrator disposes of the petition within
30 days of receipt by either directing the Assistant Administrator to
withdraw or amend the amendment, or by affirming the amendment.
(d) Emergency Amendments. Notwithstanding paragraphs (a), (b), and
(c) of this section, if the Assistant Administrator finds that there is
an emergency requiring immediate action with respect to safety in air
transportation or in air commerce that makes procedures in this section
contrary to the public interest, the Assistant Administrator may issue
an amendment, effective without stay, on the date the airport operator
receives notice of it. In such a case, the Assistant Administrator
shall incorporate in the notice a brief statement of the reasons and
findings for the amendment to be adopted. The airport may file a
petition for reconsideration under paragraph (c) of this section,
however, this does not stay the effectiveness of the emergency
amendment.
Sec. 107.107 Changed conditions affecting security.
(a) After approval of the airport security program, each airport
operator shall notify the Administrator when changes have occurred to
the--
(1) Procedures, methods, system, facilities, training, equipment,
area descriptions, staffing, or any other description or requirement
prescribed by the airport security program;
(2) Nature of air carrier or foreign air carrier operations,
including changes to level of service, aircraft, and leasehold; or
(3) Layout or physical structure of any area under the control of
the airport operator, air carrier, or foreign air carrier used to
support the screening, access, or movement control functions required
under parts 107, 108, or 129 of this chapter.
(b) Whenever a changed condition described in paragraph (a) of this
section occurs, each airport operator shall notify the Administrator
within 2 hours, or within the time specified in its security program,
of discovery of the changed condition and each interim measure being
taken to maintain adequate security until an appropriate amendment to
the security program is approved. Each interim measure(s) must be
acceptable to the Administrator.
(c) For changed conditions under 60 days duration, each airport
operator shall forward the information required in paragraph (b) of
this section in writing to the Administrator within 72 hours of the
original notification of the change condition(s). The Administrator
will notify the airport operator of the disposition of the notification
in writing. If approved by the Administrator, this written notification
will become a part of the airport security program for the duration of
the changed condition(s).
(d) For changed conditions over 60 days duration, each airport
operator shall forward the information required in paragraph (b) of
this section in the form of a proposed amendment to the airport
operator's security program, as required under Sec. 0107.105 of this
part. The request for an amendment shall be made within 30 days of the
discovery of the changed condition(s). The Administrator will respond
to the request in accordance with Sec. 107.105 of this part.
Sec. 107.109 Alternate means of compliance.
If the safety and security of the airport, and air carrier
passengers and operations, are not diminished, the Administrator may
approve an airport security program that permits the use of alternate
means of compliance with the requirements of this part. Such an
amendment may be considered for an airport operator of an airport that
is served seasonally or infrequently by an air carrier or foreign air
carrier required to conduct screening under Sec. 108.101(a)(1) or
Sec. 129.25(b)(1) of this chapter.
Sec. 107.111 Exclusive area agreements.
(a) The Administrator may approve an amendment to an airport
security program in accordance with this section that permits an air
carrier or foreign air carrier that has an approved security program
under part 108 or part 129 to assume responsibility for specified
security measures for all or portions of the critical security areas or
restricted operations areas. The assumption of responsibility must be
exclusive to one air carrier or foreign air carrier, and shared
responsibility among air carriers or foreign air carriers is not
permitted.
(b) An exclusive area agreement shall be in writing and maintained
in the airport security program. This agreement shall contain
descriptions of the following:
(1) Dimensions, boundaries, and pertinent features of each area, or
individual access points, over which the air carrier or foreign air
carrier will exercise exclusive security responsibility.
(2) Procedures and a description of the facilities and equipment
used to perform the control functions described in Sec. 107.201 or
Sec. 107.203 of this part, as appropriate.
(3) Procedures by which the air carrier or foreign air carrier will
immediately notify the airport operator and provide for alternative
security measures when the procedures, facilities, and equipment
required by the agreement are not adequate to perform the control
functions in accordance with Sec. 107.201 or Sec. 107.203 of this part,
as appropriate.
(4) Methods by which the airport operator will monitor and audit
the air carrier's or foreign air carrier's compliance with the
exclusive area agreement.
(5) Circumstances under which the airport operator will terminate
the exclusive area agreement for cause and resume responsibility for
security measures covered by the exclusive area agreement.
Sec. 107.113 Airport tenant security programs.
(a) The Administrator may approve an airport tenant security
program that permits an airport tenant having access to a critical
security area or restricted operations area to accept responsibility
for all or part of the specified security measures of Secs. 107.201 or
107.203 of this part within the tenant's leased areas or areas
designated for the tenant's exclusive use under an agreement with the
airport operator. This airport tenant
[[Page 41788]]
security program shall be included in the airport security program.
(b) The airport tenant security program shall include the
following:
(1) Dimensions, boundaries, and pertinent features of each area
covered by the airport tenant security program.
(2) Measures by which the tenant will carry out within its
designated areas the security requirements imposed by the Administrator
on the airport operator.
(3) Methods by which the airport operator will monitor and audit
the tenant's compliance with the security requirements.
(4) Terms of the agreement, including monetary and other penalties,
to which the tenant may be subject if it fails to carry out any
security requirements it agreed to perform.
(5) Circumstances under which the airport operator will terminate
the airport tenant security program for cause.
(c) The airport operator may not be found to be in violation of a
requirement of this part in any case in which the airport operator
demonstrates that:
(1) The tenant, or an employee, permittee, or invitee of the
tenant, is responsible for such violation; and
(2) The airport operator has complied with all measures in its
airport security program to ensure the tenant has complied with the
airport tenant security program.
(d) The Administrator may amend or terminate an airport tenant
security program in accordance with Sec. 107.105 of this part.
Subpart C--Operations
Sec. 107.201 Security of the critical security area.
(a) Each airport operator required to have an airport security
program under Sec. 107.103(a) of this part shall establish at least one
critical security area and describe each critical security area in its
security program.
(b) Each airport operator required to establish a critical security
area shall do the following:
(1) Prevent the entry of unauthorized individuals and ground
vehicles by establishing and carrying out a system, method, or
procedure for controlling access to critical security areas of the
airport in accordance with Sec. 107.205 of this part.
(2) Establish and carry out a personnel and vehicle identification
system described under Sec. 107.209 of this part to control the
presence and movement of persons and ground vehicles within the
critical security area.
(3) Establish and use escort procedures in accordance with
Sec. 107.205(d) of this part.
(4) Establish and use challenge procedures required under
Sec. 107.209(f) of this part.
(5) Subject each individual to a personnel background check as
described in Sec. 107.207 of this part before authorizing unescorted
access to a critical security area.
(6) Train each individual before granting unescorted access to the
critical security area, as required in Sec. 107.211(b) of this part.
(7) Post signs at critical security area access points and on the
perimeter that provide warning of the prohibition against unauthorized
access. Such warning signs shall be posted by each airport operator not
later than 2 years after [the effective date of this rule].
Sec. 107.203 Security of the restricted operations area.
(a) For those portions of the airport where air carrier and foreign
air carrier aircraft take off, land, taxi, park and otherwise maneuver
but are not delineated as a critical security area, each airport
operator required to have an airport security program under
Sec. 107.103(a) of this part shall establish and describe in its
security program a restricted operations area.
(b) Each airport operator required to establish a restricted
operations area shall do the following:
(1) Use a system, method, or procedure for controlling access to
restricted operations areas of the airport in accordance with
Sec. 107.205(b) of this part.
(2) Subject each individual to a 5-year employment history
verification before authorizing unescorted access to the restricted
operations area.
(3) Establish and use a personnel and vehicle identification system
described under Sec. 107.209 of this part to control the presence and
movement of individuals and ground vehicles within the restricted
operations area.
(4) Establish and use escort procedures in accordance with
Sec. 107.205(d) of this part.
(5) Establish and use challenge procedures required under
Sec. 107.209(f) of this part.
(6) Provide security information as described in Sec. 107.211(c) of
this part to each individual with unescorted access to the restricted
operations area.
(7) Post signs on restricted operations area access points and
perimeters that provide warning of the prohibition against unauthorized
access. Signs shall be implemented by each airport operator not later
than 2 years after [the effective date of this rule].
Sec. 107.205 Access control systems.
(a) Critical Security Area. Except as provided in paragraph (g) of
this section, the system, method, or procedure for controlling access
to the critical security area required under Sec. 107.201(b)(1) of this
part shall--
(1) Ensure that only those individuals authorized to have
unescorted access to the critical security area are able to obtain that
access;
(2) Ensure that an individual is immediately denied access to a
critical security area when that person's authority for that area is
withdrawn;
(3) Provide a means to differentiate between individuals authorized
to have access to an entire critical security area an individuals
authorized access to only a particular portion of a critical security
area; and
(4) Be capable of limiting an individual's access to a critical
area by time and date, as specified in the airport contingency plan
required under Sec. 107.301 of this part.
(b) Restricted Operations Area. Except as provided in paragraphs
(c) and (e) of this section, the system, method, or procedure for
controlling access to the restricted operations area required under
Sec. 107.203(b)(1) of this part shall--
(1) Prevent the entry of unauthorized individuals and ground
vehicles;
(2) Provide for detection of and response to each unauthorized
presence in or access or attempted access to, the restricted operations
area by an individual whose entry is not authorized in accordance with
the airport security program;
(3) Be locally controlled; and
(4) Incorporate accountability procedures to maintain the integrity
of that system, method, or procedure.
(c) Secondary access media. An airport operator may issue a second
access medium to individuals authorized access to critical security
areas and restricted operations areas, if the airport operator follows
methods and procedures in the airport security program that--
(1) Verify the access authorization of the individuals granted
unescorted access to critical security areas and restricted operations
areas but are not in possession of their original access medium;
(2) Limit time of access with second access medium;
(3) Retrieve the second access medium when expired; and
(4) Deactivate or invalidate temporarily the original access medium
until the time that the individual returns the second access medium.
(d) Escorting. Each airport operator shall establish and implement
[[Page 41789]]
procedures for escorting individuals who do not have unescorted access
authority to a critical security area or a restricted operations area
that--
(1) Ensure that only individuals with unescorted access authority
are permitted to escort;
(2) Ensure that the escorted individuals are continuously
accompanied or supervised in a manner sufficient to take action should
escorted individuals engage in activities other than those for which
escorted access was granted;
(3) Identify what action is to be taken by the escort, or other
authorized individual, should individuals under escort engage in
activities other than those for which access was granted;
(4) Prescribe law enforcement support of escort activities; and
(5) Ensure that individuals escorted to a sterile area without
being screened under Sec. 108.201 of this chapter remain under escort
in accordance with this section, or submit to screening pursuant to
Sec. 108.201 of this part.
(3) Group validation. An airport operator may submit for approval
by the Administrator procedures in its airport security program for
group validation without each individual validating access authority at
individual access points.
(f) Sterile areas. With the exception of access points leading from
a critical security area, each airport operator shall ensure that all
points that provide access to the sterile area from nonpublic areas
meet the requirements of this section.
(g) Alternative systems. The Administrator may approve an amendment
to an airport security program that provides an alternative system,
method, or procedure that provides an overall level of security equal
to that which would be provided by the system, method, or procedure
described in paragraphs (a) and (b) of this section.
Sec. 107.207 Employment history, verification, and criminal history
records checks--[Reserved]
[Note: The is a separate rulemaking action that will result in new
text for this section. To avoid confusion, the section is not
repeated here. See the preamble for further explanation.]
Sec. 107.209 Identification systems.
(a) Personnel identification system. The personnel identification
system under Secs. 107.201(b)(2) or 107.203(b)(3) of this part shall
include the following:
(1) Personnel identification media that--
(i) Convey accurate identification of the individual to whom the
identification medium is issued;
(ii) Indicate clearly the scope of the individual's access and
movement privileges;
(iii) Indicate clearly an expiration date; and
(iv) Are of sufficient size and appearance as to be readily
observable for challenge purposes.
(2) Procedures to ensure that each individual continuously displays
the identification medium issued to that individual.
(3) Procedures to ensure accountability through the following--
(i) Retrieving expired identification media;
(ii) Reporting lost or stolen identification media;
(iii) Securing unissued identification media stock and supplies;
(iv) Auditing the system at a minimum of once a year or sooner as
necessary to ensure the integrity and accountability of all
identification media;
(v) As specified in the airport security program, revalidate the
identification system or reissue identification media if a portion of
all issued identification media become unaccounted for, including
identification media that is combined with access media; and
(vi) Ensure that only one identification medium is issued to an
individual at a time. A replacement identification medium may only be
issued if an individual declares in writing that the medium has been
lost or stolen.
(b) Vehicle identification system. The identification system
required under Sec. 107.201(b)(2) and Sec. 107.203(b)(3) of this part
shall include the following:
(1) Vehicle identification media that--
(i) Indicate clearly the scope of the vehicle's access and
movement;
(ii) Indicate clearly an expiration date; and
(iii) Are of sufficient size and appearance as to be readily
visible when affixed to the vehicle.
(2) Procedures to ensure accountability through--
(i) Retrieving expired vehicle identification media;
(ii) Reporting lost or stolen vehicle media;
(iii) Securing unissued vehicle identification media stock and
supplies;
(iv) Auditing the system at a minimum of once a year or sooner as
necessary to ensure accountability of all vehicle identification media;
(v) As specified in the airport security program, revalidate, or
reissue vehicle identification media, if a portion of all issued
vehicle identification media become unaccounted for; and
(vi) Ensure that only one identification medium is issued to a
vehicle at a time. A replacement identification medium may only be
issued if the owner of the vehicle, or designee, declares in writing
that the medium has been lost or stolen.
(c) Part 139, Ground vehicle system. If approved by the
Administrator, a vehicle access control and operations system may be
used to meet the requirements of both Sec. 139.329, Ground Vehicles and
this section.
(d) Temporary identification media. Each airport operator shall
issue personnel and vehicle identification media to persons whose
duties are expected to be temporary. Temporary identification media
system shall include procedures and methods to--
(1) Retrieve temporary identification media;
(2) Authorize the use of a temporary media for a limited time only;
and
(3) Ensure that temporary media are distinct and clearly display an
expiration date.
(e) Airport-approved identification media. The Administrator may
approve the use of identification media meeting the criteria of this
section that are issued by entities other than the airport operator, as
described in the airport security program.
(f) Challenge program. Each airport operator shall establish and
carry out a challenge program that requires each individual authorized
unescorted access to critical security areas and restricted operations
areas to ascertain the authority of any individual not displaying an
authorized identification media to be present in such areas. A
challenge program shall include procedures to verbally challenge or
report individuals not visibly displaying authorized identification
media that--
(1) Apply uniformly in both critical security areas and restricted
operations areas, including exclusive areas;
(2) Identify how to challenge directly or report individuals not
visibly displaying authorized identification medium, including
procedures to notify the appropriate authority; and
(3) Prescribe law enforcement support of challenge procedures,
including response to reports of individuals not displaying authorized
identification.
(g) Effective date. The identification systems described in this
section shall be implemented by each airport operator not later than 2
years after [the effective date of this rule].
Sec. 107.211 Training.
(a) Each airport operator shall ensure that individuals performing
security-
[[Page 41790]]
related functions for the airport operator are briefed on the
provisions of this part, applicable Security Directives and Information
Circulars promulgated pursuant to Sec. 107.303 of this part, and the
airport security program, to the extent that such individuals need to
know in order to perform their duties.
(b) An airport operator may not authorize any individual unescorted
access to the critical security area unless that individual has
successfully completed training in accordance with the FAA-approved
curriculum specified in the security program. This curriculum must
detail the methods of instruction and include at least the following
topics--
(1) Control, use, and display of airport-approved access and
identification media;
(2) Escort and challenge procedures, and the law enforcement
support for these procedures;
(3) Security responsibilities as specified in Sec. 107.9 and
Sec. 107.11 (a) and (b) of this part; and
(4) Any other topics specified in the airport security program.
(c) An airport operator may not authorize any individual unescorted
access to a restricted operations area unless that individual has been
provided, and so acknowledges in writing, information in accordance
with the airport security program, including--
(1) Control, use, and display of airport-approved access and
identification media;
(2) Escort and challenge procedures and the law enforcement support
for these procedures;
(3) Security responsibilities as specified in Sec. 107.9 and
Sec. 107.11 (a) and (b) of this part; and
(4) Any other topics specified in the airport security program.
(d) Each airport operator shall maintain a record of all training
given to each individual under this section and written acknowledgment
required under paragraph (c) of this section, for 180 days after the
termination of that person's unescorted access authority.
(e) Training described in this section shall be implemented by each
airport operator not later than 2 years after [insert the effective
date of this rule].
Sec. 107.213 Law enforcement support.
(a) In accordance with Sec. 107.215 of this part, each airport
operator required to have an airport security program under
Sec. 107.103 (a) and (b) of this part shall provide:
(1) Law enforcement personnel in the number and manner adequate to
support its security program.
(2) Uniformed law enforcement personnel in the number and manner
adequate to support each passenger-screening system required under
Sec. 108.201 or Sec. 129.25 of this chapter.
(b) Each airport required to have an airport security program under
Sec. 107.103(c) of this part shall ensure that:
(1) Law enforcement personnel are available and committed to
respond to an incident at the request of an air carrier or foreign air
carrier that has a security program under part 108 or Sec. 129.25 of
this chapter.
(2) The procedures by which to request law enforcement support are
provided to each air carrier or foreign air carrier that has a security
program under part 108 or Sec. 129.25 of this chapter.
Sec. 107.215 Law enforcement personnel.
(a) Each airport operator shall ensure that law enforcement
personnel used to meet the requirements of Sec. 107.213 of this part,
meet the following qualifications while on duty at the airport--
(1) Have arrest authority described in paragraph (b) of this
section;
(2) Are identifiable by appropriate indicia of authority;
(3) Are armed and firearm and authorized to use it; and
(4) Have completed a training program that meets the requirements
of paragraphs (c) and (d) of this section.
(b) Each airport operator shall ensure that law enforcement
personnel used to meet the requirements of Sec. 107.213 of this part
have the authority to arrest, with or without a warrant, while on duty
at the airport for the following violations of the criminal laws of the
State and local jurisdictions in which the airport is located--
(1) A crime committed in the presence of the law enforcement
personnel; and
(2) A felony, when the law enforcement personnel has reason to
believe that the suspect has committed it.
(c) The training program required by paragraph (a)(4) of this
section shall--
(1) In the case of Law Enforcement Officers, meet the training
standards prescribed by either the State or local jurisdiction in which
the airport is located for law enforcement personnel performing
comparable functions.
(2) In the case of private Law Enforcement Personnel, be trained in
a manner acceptable to the Administrator, if the State and local
jurisdictions in which the airport is located do not prescribe training
standards for private security personnel who meet the standards in
paragraph (a) of this section.
(3) Include training in--
(i) The use of firearms;
(ii) The courteous and efficient treatment of persons subject to
inspection, detention, search, arrest, and other aviation security
activities;
(iii) The responsibilities of law enforcement personnel under the
airport security program; and
(iv) Any other subject the Administrator determines is necessary.
(d) Each airport operator shall document the training program
required by paragraph (a)(4) of this section and--
(1) Maintain documentation of training in its principal operations
office until 180 days after the departure or removal of each law
enforcement personnel from service at the airport; and
(2) Make training documentation available for inspection upon the
request of the Administrator.
Sec. 107.217 Supplementing law enforcement personnel.
(a) When the Administrator decides, after being notified by an
airport operator as prescribed in this section, that not enough
qualified State, local, and private law enforcement personnel are
available to carry out the requirements of Sec. 107.213 of this part,
the Administrator may authorize the airport operator to use, on a
reimbursable basis, personnel employed by the Administrator, or by
another department, agency, or instrumentality of the Government with
the consent of the head of the department, agency, or instrumentality,
to supplement State, local, and private law enforcement personnel.
(b) Each request for the use of Federal personnel must be submitted
to the Administrator and include the following information:
(1) The number of passengers enplaned at the airport during the
preceding calendar year and the current calendar year a of the date of
the request.
(2) The anticipated risk of criminal violence, sabotage, aircraft
piracy, and other unlawful interference to civil aviation operations.
(3) A copy of that portion of the airport security program which
describes the law enforcement support necessary to comply with
Sec. 107.213 of this part.
(4) The availability of law enforcement personnel who meet the
requirements of Sec. 107.215 of this part, including a description of
the airport operator's efforts to obtain law enforcement support from
State, local, and private agencies and the responses of those agencies.
[[Page 41791]]
(5) The airport operator's estimate of the number of Federal
personnel needed to supplement available law enforcement personnel and
the period of time for which they are needed.
(6) A statement acknowledging responsibility for providing
reimbursement for the cost of providing Federal personnel.
(7) Any other information the Administrator considers necessary.
(c) In response to a request submitted in accordance with this
section, the Administrator may authorize, on a reimbursable basis, the
use of personnel employed by a Federal agency, with the consent of the
head of that agency.
Sec. 107.219 Records.
(a) All records required to be maintained under this part shall be
furnished to the Administrator pursuant to the schedule included in the
airport security program.
(b) Each airport operator shall ensure that--
(1) A record is made of each law enforcement response taken in
furtherance of this part; and
(2) The record is maintained for a minimum of 180 days.
(c) Data developed in response to paragraph (b) of this section
must include at least the following:
(1) The number and type of deadly or dangerous weapon, explosive,
incendiary, or other destructive substance discovered during any
passenger-screening process, and the method of detection of each;
(2) The number of acts and attempted acts of aircraft piracy.
(3) The number of bomb threats received, real and simulated bombs
found, and actual detonations on the airport.
(4) The number of detentions and arrests, including--
(i) Name, address, and the immediate disposition of each individual
detained or arrested;
(ii) Type of deadly or dangerous weapon, explosive, incendiary, or
other destructive substance confiscated, as appropriate; and
(iii) Identification of the air carriers or foreign air carriers on
which the individual detained or arrested was, or was scheduled to be,
a passenger, or which screened that individual, as appropriate.
(d) Each airport operator required to have an airport security
program under Sec. 107.103 (a) of this part shall make, and maintain
for 180 days, records of corrective action imposed on persons that fail
to comply with Sec. 107.9 and Sec. 107.9 and Sec. 107.11 (a) and (b) of
this part.
(e) Each airport operator shall make and maintain any additional
records required by the Administrator, this part, and the airport
security program, including, but not limited to, the following
recordkeeping requirements of this part:
(1) Sec. 107.5, Airport security coordinator.
(2) 107.207, Employment verification.
(3) Sec. 107.211, Training.
(4) Sec. 107.215, Law enforcement personnel.
Subpart D--Contingency Measures
Sec. 107.301 Contingency plan.
Each airport operator required to have a security program under
Sec. 107.103(a) and (b) of this part shall adopt a contingency plan and
shall:
(a) Implement its contingency plan when directed by the
Administrator.
(b) Conduct reviews and exercises of its contingency plan with all
air carriers and foreign air carriers and all persons having
responsibilities under the plan to ensure that all parties involved
know their responsibilities and that all information contained in the
plan is current.
Sec. 107.303 Security directives and information circulars.
(a) When a threat against civil aviation becomes known, the
Assistant Administrator may issue an information circular to notify
airport operators of the general situation or a Security Directive
setting forth mandatory countermeasures to an assessed threat.
(b) Each airport operator required to have an airport security
program shall comply with each Security Directive issued to the airport
operator by the Administrator, within the time prescribed in the
Security Directive for compliance.
(c) Each airport operator that receives a Security Directive
shall--
(1) Immediately upon receipt from the FAA, or within the time
prescribed in the Security Directive, verbally acknowledge receipt of
the Security Directive to the FAA, followed by written acknowledgment
of receipt within 24 hours;
(2) Not later than 72 hours after delivery by the FAA, or within
the time prescribed in the Security Directive, specify the method by
which the measures in the Security Directive have been implemented (or
will be implemented, if the Security Directive is not yet effective) by
providing the FAA a copy of the written measures and implementation
procedures; and
(3) Ensure that information regarding the Security Directive and
measures implemented in response to the Security Directive are
distributed to specified personnel, as prescribed in the Security
Directive, and to other personnel with an operational need to know.
(d) In the event that the airport operator is unable to implement
paragraph (b)(2) of this section, the airport operator shall submit,
within 72 hours after receipt of the Security Directive, proposed
alternative measures and the basis for submitting the alternative
measures to the Administrator for approval. Within 48 hours after
receiving the airport operator's proposed alternative measures, the
Administrator either approves the proposed alternative countermeasures
or notifies the airport operator to modify the alternative
countermeasures to comply with the requirements of the Security
Directive. The airport operator shall implement any alternative
measures approved by the Administrator within 72 hours of receipt of
notification of the Administrator's determination.
(e) Each airport operator that receives a Security Directive or
Information Circular and each person who receives information from a
Security Directive or Information Circular shall:
(1) Restrict the availability of the Security Directive or
Information Circular, and information contained in either document, to
those persons with an operational need to know.
(2) Refuse to release the Security Directive or Information
Circular, and information contained in either document, to persons
other than those who have an operational need-to-know without the prior
written consent of the Administrator.
(f) The airport security coordinator, or an individual designated
by the airport operator, may receive classified information related to
national security if the airport security coordinator, or designee, has
applied to the Administrator and received the appropriate security
clearances.
Sec. 107.305 Public advisories.
When advised by the Administrator, each airport operator shall
prominently display and maintain in public areas information concerning
foreign airports that, in the judgment of the Secretary of
Transportation, do not maintain and administer effective security
measures. Such information shall be posted in the manner and for the
timeframe specified in the airport security program.
Sec. 107.307 Incident management.
(a) As described in the airport security program, each airport
operator shall establish procedures to evaluate the
[[Page 41792]]
appropriate response to threats of sabotage, aircraft piracy, and other
unlawful interference to civil aviation operations, including bomb
threats.
(b) Immediately upon receipt of a threat of any of the incidents
described in paragraph (a), each airport operator shall--
(1) evaluate the threat in accordance with its airport security
program;
(2) Initiate appropriate action as specified in the Airport
Emergency Plan under Sec. 139.325 of this chapter; and
(3) Immediately notify the Administrator of acts, or suspected
acts, of unlawful interference to civil aviation operations, including
specific bomb threats to aircraft and airport facilities.
(c) Airport operators required to have an airport security program
under Sec. 107.103(c) of this part but not subject to part 139 of this
chapter, Certification and Operations: Land Airports Serving Certain
Air Carriers, shall develop emergency response procedures to incidents
of threats identified in paragraph (a).
(d) To ensure that all parties know their responsibilities and that
all procedures are current, at least once every 12 calendar months each
airport operator shall review the procedures required in paragraphs (a)
and (b) with all persons having responsibilities for such procedures.
PART 139--CERTIFICATION AND OPERATIONS: LAND AIRPORTS SERVING
CERTAIN AIR CARRIERS
2. The authority citation for part 139 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44706, 44709, 44719.
3. Section 139.325 is amended by redesignating paragraph (h) as new
paragraph (j) and adding new paragraphs (h) and (i) to read as follows:
Sec. 139.325 Airport emergency plan.
* * * * *
(h) Each airport subject to part 107, Airport Security, shall
ensure that instructions for response to paragraphs (b)(2) and (b)(6)
of this section in the airport emergency plan are consistent with its
approved airport security program.
(i) FAA Advisory Circulars in the 150 Series contain standards and
procedures for the development of an airport emergency plan which are
acceptable to the Administrator.
* * * * *
Issued in Washington, DC, on July 21, 1997.
Anthony Fainberg,
Director, Office of Civil Aviation Security Policy and Planning.
[FR Doc. 97-19698 Filed 7-31-97; 8:45 am]
BILLING CODE 4910-13-M
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.