Aircraft Operator Security

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 108

[Docket No. 28978; Notice No. 97-12]

RIN 2120-AD45

Aircraft Operator Security

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Proposed rule; reopening of comment period.

-----------------------------------------------------------------------

SUMMARY: This document announces the reopening of the comment period

for a specific issue addressed in the Aircraft Operator Security notice

of proposed rulemaking (NPRM), published in the Federal Register on

August 1, 1997 (62 FR 41730). That document proposed to amend the

existing airplane operator security rules, by revising certain

applicability provisions, definitions, and terms; reorganizing the

rules into subparts containing related requirements; and incorporating

some requirements already implemented in air carrier approved security

programs. The comment period is being reopened to provide another

opportunity for the public to submit additional comments on the

compliance program proposed in the NPRM.

DATES: Comments must be received on or before September 24, 1999.

ADDRESSES: Comments on the proposed rule should be mailed or delivered,

in triplicate, to: Federal Aviation Administration, Office of the Chief

Counsel, Attention: Rules Docket (AGC-200), Room 915-G, Docket No.

28978 800 Independence Ave., SW, Washington, DC 20591. Comments may

also be sent electronically to the following internet address: 9-NPRM-

[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), Ann M.

Zipser, Federal Aviation Administration, 800 Independence Ave., SW,

Washington, DC 20591; telephone (202) 267-8058.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to participate in this proposed

rulemaking by submitting such written data, views, or arguments as they

may desire on proposed Sec. 108.103(b)(11) and (c)(6). Substantive

comments should be accompanied by cost estimates.

Comments should identify the regulatory docket or notice number and

be submitted in triplicate to the Rules Docket (see ADDRESSES). All

comments received on or before the closing date for comments specified

will be considered by the Administrator before taking final action.

Comments received on the section specified above will be available,

both before and after the closing date for comments, in the Rules

Docket for examination by interested persons.

A report summarizing each substantive public contact with FAA

personnel concerned with this rulemaking will be filed in the docket.

Commenters wishing the FAA to acknowledge receipt of their comments

must include a self-addressed, stamped postcard on which the following

statement is made: ``Comments to Docket No. 28978.'' The postcard will

be date-stamped and mailed to the commenter. Internet users may reach

the FAA's webpage at http://www.faa.gov or the Federal Register's

webpage at http://www.access.gpo.gov/su__docs to access recently

published rulemaking documents.

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 Federal Register's electronic bulletin board service

(telephone: (202) 512-1661).

Background

The FAA proposed to amend the existing 14 CFR part 108 to update

the overall regulatory structure for aircraft operator security. On

August 1, 1997, the NPRM, Aircraft Operator Security (part 108), was

published in the Federal Register for public comment. The original

comment period closed on December 1, 1997.

On April 21, 1998, the FAA announced the reopening of the comment

period and two additional public meetings on the NPRM (63 FR 19691).

The second comment period closed on June 26, 1998.

The NPRM proposed, among other things, to require that aircraft

operators have a compliance program to ensure that persons with access

to certain areas of the airport comply with the rules governing those

areas.

Section 108.103(b)(11) and (c)(6) was proposed in Notice 97-12 as

follows:

Section 108.103 Form, Content, and Availability.

* * * * *

(b) The security program shall include:

* * * * *

(11) The procedures and curriculum of the training requirements

under Sec. 108.227 of this part; and a security compliance program

that specifies procedures the air carrier will implement to ensure

persons with authorized unescorted access to critical security areas

and restricted operations areas comply with Sec. 108.7 and

Sec. 108.9 of this part, including revocation of unescorted access

authority of persons that fail to comply with security requirements.

(c) Each air carrier having an approved security program shall:

* * * * *

(6) Implement a program to ensure that its employees and

employees of contractors comply with the paragraphs (a) and (b) of

Sec. 108.103. The program's provisions shall include penalties to be

imposed on individuals who fail to comply with paragraphs (a) and

(b) of this section that are in accordance with the standards

contained in its approved security program.

The FAA received a number of comments on this proposal, many of

them not supportive. Some commenters interpret the proposal to mean

that the aircraft operator would be required to enforce Federal

regulations, and impose fines under the Federal statute. This is not

what was intended. The FAA intends that the aircraft operator would

have a specific program to ensure that persons for whom they are

responsible

[[Page 43323]]

carry out the requirements in part 108 and the relevant security

program.

Further, the NPRM did not specify a range of penalties that could

be imposed, although the notice did address revocation of unescorted

access authority. Often, effective programs use progressive

disciplinary actions that include such corrective measures as mandated

retraining, counseling, and suspension or revocation of unescorted

access authority.

Since the comment period closed, the FAA has become aware that

there is increased concern regarding employee compliance with

requirements governing unescorted access to secured areas. Accordingly,

the FAA is reopening the comment period for this section to allow for

additional comments on the need for compliance programs and how they

might best be structured to promote compliance.

Issued in Washington, DC on August 4, 1999.

Quinten Johnson,

Deputy Director, Office of Civil Aviation Security Policy and Planning.

[FR Doc. 99-20521 Filed 8-9-99; 8:45 am]

BILLING CODE 4910-13-P