Aircraft Repair Station Security, 59874-59890 [E9-27624]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• Transportation Security Administration

[Federal Register Volume 74, Number 221 (Wednesday, November 18, 2009)]
[Proposed Rules]
[Pages 59874-59890]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27624]



[[Page 59873]]

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

Part V





Department of Homeland Security





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



Transportation Security Administration



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



49 CFR Parts 1520 and 1554



Aircraft Repair Station Security; Proposed Rule

Federal Register / Vol. 74 , No. 221 / Wednesday, November 18, 2009 / 
Proposed Rules

[[Page 59874]]


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

DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration

49 CFR Parts 1520 and 1554

[Docket No. TSA-2004-17131]
RIN 1652-AA38


Aircraft Repair Station Security

AGENCY: Transportation Security Administration (TSA), DHS.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: TSA is proposing to issue regulations to improve the security 
of domestic and foreign aircraft repair stations as required by the 
Vision 100-Century of Aviation Reauthorization Act. The proposed 
regulations establish requirements for repair stations that are 
certificated by the Federal Aviation Administration (FAA) under 14 CFR 
part 145 to adopt and implement a standard security program and to 
comply with security directives issued by TSA. This rule proposes to 
codify the scope of TSA's existing inspection program and to require 
regulated parties to allow TSA and Department of Homeland Security 
(DHS) officials to enter, inspect, and test property, facilities, and 
records relevant to repair stations. The proposed regulations also 
provide procedures for TSA to notify repair stations of any 
deficiencies in their security programs, and to determine whether a 
particular repair station presents an immediate risk to security. The 
proposal includes a process whereby a repair station may seek review of 
a determination by TSA that the station has not adequately addressed 
security deficiencies or that the repair station poses an immediate 
risk to security.

DATES: Submit comments by January 19, 2010.

ADDRESSES: You may submit comments, identified by Docket No. TSA-2004-
17131, to the Federal Docket Management System (FDMS), a government-
wide, electronic docket management system, using any one of the 
following methods:
    Electronically: You may submit comments through the Federal 
eRulemaking portal at https://www.regulations.gov. Follow the online 
instructions for submitting comments.
    Mail, Fax, or In Person: Address, hand-deliver, or fax your written 
comments to the Docket Management System, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001; Fax: 202-493-2251. The 
Department of Transportation (DOT), which maintains and processes TSA's 
official regulatory dockets, will scan the submission and post it to 
FDMS.
    See SUPPLEMENTARY INFORMATION for format and other information 
about comment submissions.

FOR FURTHER INFORMATION CONTACT: Celio Young, Office of Security 
Operations, TSA-29, Transportation Security Administration, 601 South 
12th Street, Arlington, VA 20598-6029; telephone (571) 227-3580; 
facsimile (571) 227-1905; e-mail celio.young@dhs.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    TSA invites interested persons to participate in this rulemaking by 
submitting written comments, data, or views. We also invite comments 
relating to the economic, environmental, energy, recordkeeping, or 
federalism impacts that might result from adopting the proposals in 
this document. See ADDRESSES above for information on where to submit 
comments.
    With each comment, please identify the docket number at the 
beginning of your comments. TSA encourages commenters to provide their 
names and addresses. The most helpful comments reference a specific 
portion of the rulemaking, explain the reason for any recommended 
change, and include supporting data. You may submit comments and 
material electronically, in person, or by mail as provided under 
ADDRESSES, but please submit your comments and material by only one 
means. If you submit comments by mail or delivery, submit them in two 
copies, in an unbound format, no larger than 8.5 by 11 inches, suitable 
for copying and electronic filing.
    If you want TSA to acknowledge receipt of your comments submitted 
by mail, include with your comments a self-addressed, stamped postcard 
on which the docket number appears. We will stamp the date on the 
postcard and mail it to you.
    TSA will file in the public docket address, as well as items sent 
to the address or email under FOR FURTHER INFORMATION CONTACT, in the 
public docket, except for comments containing confidential information 
and sensitive security information (SSI).\1\ Should you wish your 
personally identifiable information redacted prior to filing in the 
docket, please so state. TSA will consider all comments that are in the 
docket on or before the closing date for comments and will consider 
comments filed late to the extent practicable. The docket is available 
for public inspection before and after the closing date.
---------------------------------------------------------------------------

    \1\ ``Sensitive Security Information'' or ``SSI'' is information 
obtained or developed in the conduct of security activities, the 
disclosure of which would constitute an unwarranted invasion of 
privacy, reveal trade secrets or privileged or confidential 
information, or be detrimental to the security of transportation. 
The protection of SSI is governed by 49 CFR part 1520.
---------------------------------------------------------------------------

Handling of Confidential or Proprietary Information and Sensitive 
Security Information (SSI) Submitted in Public Comments

    Do not submit comments that include trade secrets, confidential 
commercial or financial information, or SSI to the public regulatory 
docket. Please submit such comments separately from other comments on 
the rulemaking. Comments containing this type of information should be 
appropriately marked as containing such information and submitted by 
mail to the address listed in FOR FURTHER INFORMATION CONTACT section.
    TSA will not place comments containing SSI in the public docket and 
will handle them in accordance with applicable safeguards and 
restrictions on access. TSA will hold documents containing SSI, 
confidential business information, or trade secrets in a separate file 
to which the public does not have access, and place a note in the 
public docket explaining that commenters have submitted such documents. 
TSA may include a redacted version of the comment in the public docket. 
If an individual requests to examine or copy information that is not in 
the public docket, TSA will treat it as any other request under the 
Freedom of Information Act (FOIA) (5 U.S.C. 552) and the Department of 
Homeland Security's (DHS') FOIA regulation found in 6 CFR part 5.

Reviewing Comments in the Docket

    Please be aware that anyone is able to search the electronic form 
of all comments received into any of our dockets by the name of the 
individual submitting the comment (or signing the comments, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review the applicable Privacy Act statement published in the 
Federal Register on April 11, 2000 (65 FR 19477) and modified on 
January 17, 2008 (73 FR 3316).
    You may review TSA's electronic public docket on the Internet at 
https://www.regulations.gov. In addition, DOT's Docket Management 
Facility provides a physical facility, staff, equipment, and

[[Page 59875]]

assistance to the public. To obtain assistance or to review comments in 
TSA's public docket, you may visit this facility between 9 a.m. to 5 
p.m., Monday through Friday, excluding legal holidays, or call (202) 
366-9826. This docket operations facility is located in the West 
Building Ground Floor, Room W12-140 at 1200 New Jersey Avenue, SE., 
Washington, DC 20590.

Availability of Rulemaking Document

    You may obtain an electronic copy using the Internet by
    (1) Searching the Federal Docket Management System (FDMS) Web page 
at https://www.regulations.gov;
    (2) Accessing the Government Printing Office's Web page at https://www.gpoaccess.gov/fr/; or
    (3) Visiting TSA's Security Regulations Web page at https://www.tsa.gov and accessing the link for ``Research Center'' at the top 
of the page.
    In addition, copies of the rulemaking document are available by 
writing or calling the individual in the FOR FURTHER INFORMATION 
CONTACT section. Make sure to identify the docket number of this 
rulemaking.

Outline of the Notice of Proposed Rulemaking

I. Background
    A. Introduction
    B. Statutory Requirements
    C. Summary of Proposed Rule
    D. FAA Safety Regulations
    E. Public Listening Session and Comments
    F. Repair Station Site Visits
II. Summary of the Proposed Rule
    A. Repair Station Standard Security Program
    B. Repair Station Profile
    C. Security Inspections
    D. Immediate Risk to Security
III. Section-by-Section Analysis
IV. Rulemaking Analyses and Notices
    A. Paperwork Reduction Act
    B. International Compatibility
    C. Regulatory Impact Analyses
    1. Regulatory Evaluation Summary
    2. Executive Order 12866 Assessment
    3. Initial Regulatory Flexibility Analysis (IRFA)
    4. International Trade Impact Assessment
    5. Unfunded Mandates Reform Act Assessment
    D. Executive Order 13132, Federalism
    E. Environmental Analysis
    F. Energy Impact Analysis

I. Background

A. Introduction

    Civil aviation remains a target of terrorist activity worldwide. 
Terrorists continue to seek opportunities to destroy public confidence 
in the safety and security of travel, deny the ability of the public to 
move and travel freely, and damage international economic security.
    TSA is proposing to issue regulations to provide for the security 
of maintenance and repair work conducted on aircraft and aircraft 
components at domestic and foreign repair stations, of the aircraft and 
aircraft components located at these repair stations, and of the repair 
station facilities as required by Vision 100--Century of Aviation 
Reauthorization Act, codified at 49 U.S.C. 44924 (Vision 100).
    For purposes of this rulemaking, ``repair stations'' are those 
facilities certificated by the FAA to perform maintenance, repair, 
overhaul, or alterations on U.S. aircraft or aircraft components, 
including engines, hydraulics, avionics, safety equipment, airframes, 
and interiors. According to the FAA, there are 4,227 domestic repair 
stations located in the United States and 694 foreign repair stations 
located outside the United States that have an FAA certificate under 
part 145 of the FAA's rules.\2\
---------------------------------------------------------------------------

    \2\ FAA Fact Sheet, ``FAA Oversight of Repair Stations,'' March 
29, 2007. See ``FAA Certificated Repair Stations Directory,'' 
Advisory Circular (AC) 140-7R, for a list of FAA certificated repair 
stations.
---------------------------------------------------------------------------

    In addition, for purposes of this rulemaking, the term 
``component'' includes any article, airframe, aircraft engine, 
propeller, appliance, or part that is under repair. The term is used 
broadly to encompass both articles and appliances as defined by the 
FAA.\3\
---------------------------------------------------------------------------

    \3\ See 14 CFR 1.1 and 145.3(b).
---------------------------------------------------------------------------

    Aircraft repair stations vary widely in size, type of repair work 
performed, number of employees, and proximity to an airport. The FAA 
issues ratings to certificated repair stations for the work that can be 
performed at the repair station.\4\ These include airframe ratings, 
power plant ratings, propeller ratings, radio ratings, instrument 
ratings, and accessory ratings. Within each rating there are different 
classes for particular aircraft and equipment. The FAA also issues 
limited ratings for certificated repair stations that only work on a 
particular type of airframe or equipment or performs only specialized 
maintenance operations.\5\ The FAA certificates repair stations with 
few employees located in industrial parks and in residences that may 
work on small components, such as aircraft radios or seat cushions, as 
well as repair stations with many employees that perform major aircraft 
overhauls located in close proximity to an airport runway.\6\ Because 
repair station characteristics vary widely, TSA believes that existing 
security measures, as well as the corresponding security threat, also 
vary widely.
---------------------------------------------------------------------------

    \4\ 14 CFR 145.59.
    \5\ 14 CFR 145.61.
    \6\ Approximately 2,803 domestic repair stations have fifteen or 
fewer employees and 1,407 have five or fewer employees. 
Approximately 3,000 certificated domestic repair stations are not 
located on an airport.
---------------------------------------------------------------------------

    Repair stations are closely regulated and monitored by the FAA and 
both the FAA and the air carriers inspect work done at repair stations. 
FAA performance standards for foreign and domestic repair stations are 
the same. While the FAA has implemented extensive safety requirements 
for both foreign and domestic repair stations, supplementing those 
requirements with specific security measures for both foreign and 
domestic repair stations would further reduce the likelihood that 
terrorists would be able to gain access to aircraft under repair at a 
repair station. As terrorist organizations continue to seek new and 
creative means of using aircraft to undermine the security and safety 
of the traveling public, the importance of requiring all aircraft 
repair stations to have measures in place to prevent persons from 
commandeering, tampering, or sabotaging aircraft has increased as well. 
Enhancement of repair station security will mitigate the potential 
threat that an aircraft could be used as a weapon or that an aircraft 
could be destroyed.
    This rulemaking sets forth proposed regulations to require all FAA 
certificated repair stations to adopt and carry out a standard security 
program. The proposed regulations list performance standards for 
security measures that would be included in the standard security 
program. The proposed regulations also would require repair stations to 
carry out Security Directives issued by TSA in the event of a specific 
threat.
    In addition, the proposed regulations codify the scope of TSA's 
authority to conduct inspections of both domestic and foreign repair 
stations. The proposed regulations also provide procedures for TSA to 
notify repair stations of deficiencies in their security program and to 
determine whether a particular repair station represents an immediate 
risk to security. Finally, the proposal contains a process whereby a 
repair station may seek review of a determination by TSA that security 
deficiencies have not been addressed or that the repair station poses 
an immediate risk to security.

B. Statutory Requirements

    Vision 100 requires DHS to promulgate security regulations for 
domestic and foreign aircraft repair

[[Page 59876]]

stations.\7\ The statute includes the following additional requirements 
regarding security audits of foreign repair stations:
---------------------------------------------------------------------------

    \7\ This section of Vision 100 is codified at 49 U.S.C. 44924. 
The requirement to promulgate regulations is described in 49 U.S.C. 
44924(f). The statute also requires that the Under Secretary for 
Border and Transportation Security issue the final regulations. The 
Under Secretary delegated authority for issuing such regulations to 
TSA on September 16, 2005. TSA sent a Report to Congress on August 
24, 2004, as required at 49 U.S.C. 44924(g).
---------------------------------------------------------------------------

     TSA must complete a security review and audit of foreign 
repair stations certificated by the FAA no later than six months after 
regulations are issued.\8\ When conducting the audit, TSA must give 
priority to those repair stations that pose a significant risk to 
security. If security audits are not completed within six months from 
the date regulations are issued, the FAA is barred from certificating 
any new foreign repair stations until the security audits are completed 
for existing repair stations.
---------------------------------------------------------------------------

    \8\ In the Implementing Recommendations of the 9/11 Commission 
Act of 2007 (Pub. L. 110-53, 121 Stat. 266, Aug. 3, 2007), the 
original 18-month deadline for completing security inspections of 
foreign repair stations was reduced to 6 months.
---------------------------------------------------------------------------

     TSA must notify the FAA of any security issues or 
vulnerabilities identified during the audit and require foreign repair 
stations to address any such issues or vulnerabilities within 90 days. 
If, after 90 days, TSA determines that the foreign repair station does 
not maintain and carry out effective security measures, TSA must notify 
the FAA and the FAA must suspend the repair station's certificate until 
such time as TSA determines that the repair station does maintain and 
carry out effective security measures.
     TSA must notify the FAA if TSA determines that a foreign 
repair station poses an immediate risk to security and the FAA must 
revoke the repair station's certificate. TSA must establish an appeal 
procedure to be used when a certificate is revoked.

C. Summary of Proposed Rule

    TSA is proposing regulations to:
     Codify TSA's inspection authority.
     Require foreign and domestic repair stations certificated 
by the FAA under part 145 of the FAA's rules to allow TSA and DHS 
officials to enter, inspect, audit, and test property, facilities, and 
records relevant to repair stations.
     Require foreign and domestic repair stations certificated 
by the FAA to adopt and carry out a standard security program issued by 
TSA to safeguard the security of the repair station, the repair work 
conducted at the repair station, and all aircraft and aircraft 
components at the repair station.
     Require each security program to describe the specific 
measures the repair station has implemented to identify individuals 
authorized access to the repair station, aircraft, and aircraft 
components; control access to the repair station, aircraft, and 
aircraft components; challenge individuals who are not authorized 
access and use escort measures for authorized visitors; provide 
security awareness training to all employees; verify employee 
background information; designate a security coordinator; and establish 
a contingency plan.
     Require each repair station to comply with Security 
Directives issued by TSA.
     Establish a process to notify the FAA to suspend a 
certificate upon written notification by TSA that a repair station has 
not corrected security deficiencies identified during a security audit 
within 90 days and to permit appeal of a certificate suspension.
     Establish a process to notify the FAA to revoke a 
certificate upon written notification by TSA that a repair station is 
an immediate risk to security and to permit appeal of a certificate 
revocation.
    In developing these proposals, TSA has consulted with FAA officials 
responsible for repair station safety matters.

D. FAA Safety Regulations

    The security regulations proposed in this NPRM are designed to 
build upon the extensive certification and safety requirements for 
repair stations instituted by the FAA. The FAA certificates repair 
stations, as well as repairmen who work in repair stations.\9\ The FAA 
requires that in order to receive certification, repair stations must 
establish and maintain a quality control system acceptable to the FAA 
that ensures the airworthiness of the articles on which the repair 
station or any of its contractors performs maintenance, preventive 
maintenance, or alterations.\10\ The quality control system must 
describe the procedures the repair station uses to inspect incoming raw 
materials, perform preliminary inspection of all articles that are 
maintained at the repair station, qualify and monitor noncertificated 
persons who perform maintenance, preventive maintenance, or alterations 
for repair stations, and conduct final inspections of maintained 
articles. In addition, the FAA requires that a certificated repair 
station inspect each article upon which it has performed maintenance, 
preventive maintenance, or alterations before approving that article 
for return to service.\11\ The FAA conducts safety inspections of both 
foreign and domestic repair stations.
---------------------------------------------------------------------------

    \9\ See 14 CFR part 145 and 14 CFR part 65. While the FAA only 
certificates certain repair station personnel who work in the United 
States, it does require that those repair station personnel located 
outside the United States have practical experience or training in 
the work being performed. Supervisors in repair stations located 
outside the United States must understand, read, and write English. 
14 CFR 145.153.
    \10\ 14 CFR 145.211.
    \11\ 14 CFR 145.211.
---------------------------------------------------------------------------

    While these quality control measures provide a significant layer of 
protection and oversight of the components and aircraft under repair, 
the proposed regulations would supplement those measures by requiring 
that FAA certificated repair stations also adopt and carry out a 
security program that would include procedures to control access to the 
repair station itself, the components and aircraft under repair, and 
the work being performed; verify the identity of repair station 
employees; and establish a security coordinator to serve as the point 
of contact for security-related matters.

E. Public Listening Session and Comments

    On February 27, 2004, TSA held a public listening session to 
receive input from stakeholders and other interested parties on repair 
station security issues. TSA also invited written comments to be 
submitted by March 29, 2004.\12\ TSA requested specific comments on the 
following issues:
---------------------------------------------------------------------------

    \12\ 69 FR 8357 (Feb. 24, 2004).
---------------------------------------------------------------------------

     Security measures that are currently deployed.
     Existing security vulnerabilities.
     Standards that should be in place to prevent unauthorized 
access, tampering, and any other security breaches.
     Current security system costs.
     Whether security requirements should be tailored to the 
type of authorization the repair station holds, number of employees, 
proximity to an airport, number of repairs completed, or other 
characteristics.
     Whether aircraft operators should play a role in ensuring 
that repair stations maintain a secure workplace.
     Whether any repair station operator has experienced a 
breach in security.
    Twelve parties, representing air carriers, repair station operators 
and employees, manufacturers, and unions, spoke during the public 
meeting.\13\ While several parties questioned the need for security 
regulations, most

[[Page 59877]]

recognized the importance of protecting the security of the aircraft, 
the maintenance work that repair stations perform on aircraft and 
aircraft components, and the facility itself, noting that TSA is 
required by statute to develop such regulations. Most parties also 
agreed that the regulations should be tailored to reflect security 
measures that may already be in place, as well as other factors, such 
as those listed by TSA in its request for comments. Concerns were 
expressed regarding the expedited timing of the regulations and the 
security audits, the potential financial burdens resulting from the 
imposition of new regulations, particularly on small repair stations, 
and the appeal process. Several parties recommended that the 
regulations define what constitutes an ``immediate risk to security,'' 
as well as ``existing repair stations.'' Other parties discussed 
security initiatives that had been employed at their facilities since 
September 11, 2001.
---------------------------------------------------------------------------

    \13\ A transcript of the public meeting and copies of all filed 
comments are available in docket number TSA-2004-17131 at https://regulations.gov/search.
---------------------------------------------------------------------------

    TSA also received 21 written comments, representing the views of 
repair station operators and employees, unions, air carriers, aircraft 
owners, and manufacturers regarding potential security regulations. The 
majority of those submitting written comments also supported the need 
for security regulations, and agreed that the regulations should be 
tailored to reflect the particular characteristics of a repair station. 
Some commenters suggested that TSA include general security criteria 
for domestic and foreign repair stations and others offered 
recommendations regarding specific provisions that should be included 
in the regulations, such as access controls, personnel identification, 
employee background checks, and security awareness training. The 
comments provide valuable input as to how repair station security 
issues should be addressed and the proposal reflects many of the 
issues, as well as the recommendations, contained in these initial 
comments. TSA looks forward to receiving further comments on the 
proposed regulations.

F. Repair Station Site Visits

    In addition to the information gathered during the public listening 
session and through written comments, TSA visited repair stations to 
conduct research on the physical characteristics of repair stations, 
the type of repair work performed, and the extent of security measures 
that had been implemented. The following site visits were conducted:
     June 2005--1 repair station in Hamburg, Germany, and 1 
repair station in Amsterdam, the Netherlands.
     August 2005--5 repair stations in Singapore.
     November 2006--9 repair stations in the state of Arizona.
     December 2006--3 repair stations in Naples, Italy.
     January 2007--3 repair stations in the state of Georgia.
     May 2007--1 repair station in Singapore and 1 repair 
station in Guangzhou, China.
     July 2007--1 repair station in Teterboro, New Jersey.
     May 2008--3 repair stations in Bogota, Colombia.
    These repair station site visits provided valuable insight into the 
different types of facilities certificated by the FAA, the different 
types of repair work conducted at the facilities, and the different 
types of security measures deployed by the various facilities. All of 
the stations visited had some security measures in place. For example, 
one foreign repair station had over 10,000 employees with many 
buildings and its own airport. This facility had perimeter fencing, 
security guards, and surveillance cameras to control access to the 
facility. Its employees were required to display identification media. 
Another foreign repair station had only seven employees and was located 
at an industrial park. That facility was planning to install 
surveillance cameras to be monitored by a private security company. In 
two countries the government had mandated security requirements for 
certain repair stations.
    In the United States, one domestic repair station facility with 40 
employees relied on personal recognition to identify individuals 
authorized entry into the facility, while another domestic repair 
station with fifteen employees used identification media and 
surveillance cameras. By conducting these site visits, TSA was able to 
study security measures already deployed and develop a proposal that 
reflects repair station diversity.

II. Summary of the Proposed Rule

    TSA proposes to add a new part 1554 to its regulations, entitled 
``Aircraft Repair Station Security.'' The new part would require 
aircraft repair stations that are certificated by the FAA under 14 CFR 
part 145, both domestic and foreign, to adopt and carry out a standard 
security program. The regulations would require repair stations to 
safeguard the security of the aircraft and components located at the 
station, the maintenance and repair work performed there, as well as 
the repair station's facilities as required by 49 U.S.C. 44924. For a 
more detailed discussion of the proposed regulations, see the Section-
by-Section Analysis portion of this preamble.
    TSA is also proposing changes to its regulations regarding the 
protection of sensitive security information (SSI) to specify that a 
repair station security program is categorized as SSI and that the 
repair station operator or owner is subject to the SSI requirements 
described in 49 CFR part 1520.\14\
---------------------------------------------------------------------------

    \14\ ``Sensitive Security Information'' or ``SSI'' is 
information obtained or developed in the conduct of security 
activities, the disclosure of which would constitute an unwarranted 
invasion of privacy, reveal trade secrets or privileged or 
confidential information, or be detrimental to the security of 
transportation. The protection of SSI is governed by 49 CFR part 
1520.
---------------------------------------------------------------------------

A. Repair Station Standard Security Program

    FAA certificated repair stations, whether located at airports that 
have a TSA security program,\15\ at general aviation airports, or at 
off airport properties, could be a target of terrorist activity and TSA 
is proposing that each FAA certificated repair station implement and 
carry out a standard security program issued by TSA to mitigate that 
risk. If the repair station is already incorporated within an airport's 
security program and uses the airport's access control measures, TSA 
will consider the repair station to be in compliance with the security 
measures proposed in these regulations.
---------------------------------------------------------------------------

    \15\ See 49 CFR part 1542 for a description of airport security 
program requirements. Aircraft repair stations located at a 
commercial airport may be included within the airport security 
program.
---------------------------------------------------------------------------

    The proposed regulations list the general security requirements 
that each repair station would be required to carry out in the standard 
security program. The standard security program would require each 
repair station to include (1) a description of access controls for the 
facility as well as for the aircraft and/or aircraft components; (2) a 
description of the measures used to identify employees and others who 
are authorized to access aircraft and/or aircraft components; (3) a 
description of the procedures to challenge unauthorized individuals; 
(4) a description of security awareness training for employees; (5) the 
name of the designated security coordinator; (6) a contingency plan; 
and (7) a description of the means used to verify employee background 
information. The complete security program contents are discussed in 
the Section by Section analysis.
    These requirements are consistent with the recommendations included 
in the written comments received by TSA,

[[Page 59878]]

as well as with established security procedures for aircraft operators, 
air carriers, and airports.\16\
---------------------------------------------------------------------------

    \16\ See, generally, TSA security regulations at 49 CFR parts 
1540, 1542, 1544, and 1546.
---------------------------------------------------------------------------

    Recognizing that a ``one size fits all'' approach would not 
appropriately address the diversity in repair station characteristics, 
TSA believes that repair stations should have some flexibility 
regarding the particular equipment, facilities, and measures that would 
be listed in the standard security program and used to comply with the 
proposed regulations. While TSA would provide a standard security 
program which would contain the majority of security measures that a 
repair station must adopt to comply with the proposed regulations, 
certain measures in the standard security program that the repair 
station must adopt may differ depending upon risk factors considered by 
TSA.
    TSA would not require repair stations that are not located on or 
adjacent to an airport to implement the same physical security measures 
in the standard security program as those repair stations that are 
located on or adjacent to an airport. In adopting this approach, TSA 
considered the security risks of repair station operations to determine 
whether there were any factors that could increase the security risks 
of a repair station. The factors TSA considered were (1) size and type 
of aircraft to which employees had access; (2) the type of repair work 
permitted by the FAA certificate; (3) whether the repair station was 
located on an airport and the type of airport; and (4) the number of 
employees at the repair station.
    Based on the information acquired during the repair stations site 
visits, an examination of FAA safety requirements, and discussions with 
FAA safety inspectors, TSA determined that while all of the 
characteristics examined had some effect on security risks, repair 
stations that are located on or adjacent to an airport could pose a 
higher security risk. TSA found that at airport locations, there was 
greater accessibility to aircraft and proximity to a runway, thereby 
increasing the possibility that an aircraft could be commandeered and 
used as a weapon or sabotaged. At off-airport locations, TSA found that 
repair station employees had little, if any, access to operational 
aircraft or runways. Repair station employees at off airport locations 
typically are not the last individuals with access to aircraft prior to 
the reintroduction of the aircraft into service. TSA believes that it 
would be difficult for an individual to damage an aircraft at a repair 
station location that is only rated to repair aircraft components if 
the individual does not have access to aircraft. FAA safety regulations 
require inspection of the repair work and the component before it is 
installed in an aircraft and before the aircraft is deemed to be 
airworthy. Thus, TSA believes it is less likely that a terrorist would 
attempt to target an aircraft by sabotaging a component at an off 
airport location.
    This assessment of the greater risk posed by repair stations 
located on or adjacent to an airport was also supported by several 
commenters. One commenter noted that repair stations located within an 
airport posed the greatest risk to security because of the larger 
number of entry points in such a location. Another explained that 
repair facilities located off airport generally only work on aircraft 
components and that the multiple layers of testing and oversight 
already conducted by the FAA serves as an important security function 
as well. Another commenter agreed, stating that repair stations that do 
not have access to aircraft do not pose a security risk because the 
airworthiness of the components are tested before they are released 
into service.
    Based on this risk assessment, TSA would specify particular 
security measures in the standard security program that would apply to 
repair stations on or adjacent to an airport, but that would not be 
required for other repair stations. TSA believes that this approach 
would be consistent with its efforts to strengthen security measures at 
the non public areas of the airport.
    In addition, TSA would not require repair stations on or adjacent 
to airports that only serve aircraft with a maximum certificated take-
off weight (MTOW) of 12,500 pounds or less to include the same security 
measures in the standard security program as repair stations located on 
or adjacent to airports that serve larger aircraft. TSA has long 
recognized that aircraft with a MTOW over 12,500 pounds pose a greater 
risk to security because such aircraft are of sufficient size and 
weight to inflict significant damage and loss of lives.\17\ Smaller 
aircraft may be a less attractive target for terrorists. Therefore, the 
security program would not include the same requirements for repair 
stations that are located on or adjacent to an airport that serves 
small aircraft. While the proposed regulations apply to all FAA 
certificated repair stations, TSA requests comment on whether it should 
exempt certain repair stations after it conducts security reviews and 
audits. For instance, TSA may consider whether to exempt repair 
stations that only perform maintenance on aircraft that are 12,500 MTOW 
or less. TSA also requests comments on whether there are other 
considerations that could be used to determine potential exemptions.
---------------------------------------------------------------------------

    \17\ See 49 CFR 1544.101(d) and 1550.7.
---------------------------------------------------------------------------

    TSA is aware that the FAA may certificate repair stations operating 
on a Federal government facility, such as a U.S. military base. TSA 
believes that the security at such a facility would likely meet and 
exceed the security requirements proposed herein. Therefore, TSA would 
not apply its requirements to any FAA certificated repair station at 
which the Federal government has assumed responsibility for security 
measures.
    The issue of requiring drug and alcohol testing of repair station 
employees was raised during the public listening session. TSA is not 
proposing to include drug and alcohol testing as part of its security 
program requirements. TSA notes that the FAA has instituted alcohol and 
drug testing as part of its safety regulations.\18\ TSA believes that 
such testing should remain under the purview of the FAA.
---------------------------------------------------------------------------

    \18\ See 14 CFR part 121 at Appendix I and Appendix J. The FAA 
requires part 145 certificate holders and non-certificated repair 
stations that perform safety sensitive functions for air carriers 
and commercial operators under 14 CFR parts 121 and 135 to implement 
an FAA Antidrug Program.
---------------------------------------------------------------------------

    TSA believes that the standard security program would be useful to 
repair stations that have not developed or implemented a security 
program, particularly small repair stations that may lack the resources 
to create their own security program. Further, the standard security 
program would provide consistency in format and content for the 
thousands of security programs that would be implemented under this 
proposal. TSA anticipates requesting comment from repair stations on 
the standard security program before a final rule is adopted and will 
make a draft of the standard security program available for review and 
comment by the repair stations subject to the regulations either 
electronically, through meetings, or both.\19\
---------------------------------------------------------------------------

    \19\ Security programs will be sensitive security information 
and will not be available to the general public. See Section-by-
Section analysis for Sec.  1520.3 in this preamble.
---------------------------------------------------------------------------

B. Repair Station Profile

    To assess the security risks of a repair station and to establish 
the priority by which repair stations must be inspected, TSA would 
require each repair station to provide a brief profile, to include 
general information as to location, such as whether the repair station 
is located

[[Page 59879]]

on or adjacent to an airport,\20\ the total number of employees, and 
the number of employees with access to large aircraft. The type of 
information is discussed in the Section by Section analysis. We note 
that while the FAA holds some of this information, it does not have all 
of it. We invite comments on the burdens associated with TSA collecting 
this profile. As explained above, TSA has determined that repair 
stations located on or adjacent to an airport pose a higher security 
risk than those that are not located on or adjacent to an airport. In 
addition, TSA has determined that repair stations on airports that 
perform work on aircraft over 12,500 MTOW pose a higher security risk. 
Identifying these higher risk repair stations will enable TSA to make 
certain that they are given a higher priority when scheduling 
inspections.
---------------------------------------------------------------------------

    \20\ If located on an airport, whether the repair station 
participates in the airport security program will impact the need 
for the repair station to comply with the proposed security 
regulations.
---------------------------------------------------------------------------

    Further, the profile will assist TSA in determining which measures 
included in the standard security program must be implemented to 
address the higher risk posture of repair stations that are located on 
or adjacent to an airport.

C. Security Inspections

    The proposed regulations would codify TSA's inspection authority 
and would require repair stations to permit TSA and DHS officials to 
enter, inspect, and test property, facilities, and records relevant to 
repair stations. The purpose of the inspection would be to assess 
threats to aviation security, enforce TSA security regulations, 
directives, and requirements, evaluate all aspects of the repair 
station security program, verify whether the security program is being 
implemented and whether it is effective, as well as to identify and 
correct security deficiencies. Such oversight is also necessary to 
monitor continuing compliance with the security requirements. Since the 
inspection program is critical to the enforcement of the security 
program requirement, TSA's inspection authority would extend to all 
repair stations. TSA would initiate foreign repair station inspections 
by giving priority to those foreign repair stations that pose the 
greatest risk to aviation security as required by Vision 100, and that 
have identified themselves through the profile as being located on or 
adjacent to an airport and as performing repair work on large aircraft.
    Pursuant to the inspection process and consistent with Vision 100, 
TSA is proposing to notify the repair station and the FAA of any 
deficiencies in a security program and to permit the repair station 90 
days to correct such deficiencies. If the deficiencies are not 
corrected within 90 days, TSA would notify the FAA that it must suspend 
the repair station's certificate until such time as TSA determines that 
the deficiencies are resolved. The proposed regulations also contain a 
process whereby a repair station may request further review of TSA's 
determination regarding security deficiencies.

D. Immediate Risk to Security

    The proposed regulation contains a specific process whereby a 
repair station that poses an immediate risk to security is identified 
and the FAA is notified of such a determination. The FAA must revoke 
the certificate of a station that TSA determines poses an immediate 
risk to security. Whether the threat is immediate would be evaluated on 
a case by case basis considering existing and potential circumstances 
as information is received and analyzed. The proposal provides a repair 
station with the opportunity to obtain the releasable materials upon 
which the determination was made and to seek review of such a 
determination.

III. Section-by-Section Analysis

Part 1520--Protection of Sensitive Security Information

Section 1520.5--Sensitive Security Information

    Protection of Sensitive Security Information (SSI), as codified at 
49 CFR part 1520, would apply to each repair station required to adopt 
and carry out a security program. Airport and aircraft operator 
security programs and plans, amendments, security directives and 
information circulars, technical specifications of security screening 
and detection systems and devices, among other types of information, 
all constitute SSI under current Sec.  1520.5 and are prohibited from 
public disclosure. TSA is proposing to amend its part 1520 rules to 
include a repair station security program as SSI. This change would 
prevent the public disclosure of the security measures implemented and 
utilized by a repair station covered under the new rules because such 
disclosure would pose a threat to transportation security. It would 
also ensure that the repair station standard security program is 
protected just as other TSA required security programs are protected.

Section 1520.7--Covered Persons

    TSA proposes to amend Sec.  1520.7 to include repair station 
operators as covered persons subject to its SSI requirements. This 
change would require that repair station operators adhere to the SSI 
rules and protect SSI from public dissemination. Access to SSI is 
strictly limited to those persons with a need to know, as defined in 49 
CFR 1520.11. In general, a person has a need to know specific SSI when 
he or she requires access to the information in order to carry out 
transportation security activities that are government-approved, -
accepted, -funded, -recommended, or -directed, including for purposes 
of training on, and supervision of, such activities or to provide legal 
or technical advice regarding security-related requirements. 
Accordingly, the protection of SSI would apply to each repair station 
standard security program pursuant to part 1554.

Part 1554--Aircraft Repair Station Security (New)

Section 1554.1--Scope and Purpose

    Section 1554.1 of the proposed regulation sets forth the scope and 
purpose of new part 1554. The proposed regulations would apply to all 
repair stations, both domestic and foreign, that are certificated by 
the FAA pursuant to 14 CFR part 145. The purpose of the proposed 
regulations would be to safeguard the security of domestic and foreign 
aircraft repair stations as required by 49 U.S.C. 44924. The 
requirements would not apply to any FAA certificated repair station at 
which the U.S. government has assumed responsibility for security 
measures.

Section 1554.3--Terms Used in This Part

    Section 1554.3 of the proposed rule sets forth the definitions of 
certain terms used in this part. The term ``repair station'' is defined 
as any maintenance facility that is certificated by FAA pursuant to 14 
CFR part 145 to perform maintenance, preventive maintenance, repair, 
overhaul, or alterations of an aircraft, airframe, aircraft engine, 
propeller, appliance, or component part.\21\ Since the proposed 
regulations apply to both foreign and domestic repair stations, the 
section defines ``domestic repair station'' as any FAA-certificated 
repair station located within the fifty States, the District of 
Columbia, or the territories and possessions of the United States. A 
``foreign repair station'' is defined as any FAA-certificated repair 
station located outside of the fifty States, the District of Columbia, 
or the

[[Page 59880]]

territories and possessions of the United States.
---------------------------------------------------------------------------

    \21\ The proposed definition is consistent with the description 
of the applicability of the FAA's repair station regulations at 14 
CFR 145.1.
---------------------------------------------------------------------------

Section 1554.5--TSA Inspection Authority

    Section 1554.5 would codify TSA's authority to inspect repair 
stations and would require repair stations to permit TSA and DHS 
officials to enter, inspect, and test property, facilities, and records 
relevant to repair stations. This section would allow TSA to assess 
threats, enforce regulations, security directives, and requirements, 
inspect all facilities and equipment, test the adequacy of security 
measures, verify the implementation of security measures, review 
security programs and other records, and perform such other duties as 
appropriate. This section also would allow TSA to request evidence of 
compliance, including copies of records in English.
    The proposed regulatory language is consistent with the inspection 
authority currently codified at 49 CFR 1542.5 and 1546.3, which apply 
to certain U.S. airports and foreign air carriers. TSA has established 
protocols and procedures on conducting inspections outside the United 
States through its Foreign Airport and Foreign Air Carrier Assessment 
Programs. These established procedures require advance notice to the 
facility to be inspected and coordination with the U.S. Department of 
State and the appropriate foreign government authorities. TSA 
inspectors are required to have TSA identification media and 
credentials with them when inspecting facilities and must display them 
when requested to do so. TSA will use these established procedures when 
conducting inspections of foreign repair stations.
    TSA is also amenable to working with the U.S. Department of State 
and foreign government authorities to facilitate inspections of U.S. 
repair stations that are certificated by a foreign government 
authority. TSA currently permits such inspections of U.S. airports and 
air carriers by foreign government authorities consistent with ICAO 
Annex 17, Section 2.1.
    TSA has kept ICAO apprised of the rulemaking and will continue its 
efforts to harmonize its regulations with those of other countries 
through its participation in ICAO.

Section 1554.101--Adoption and Implementation

    Section 1554.101 would require each repair station to adopt and 
carry out a security program designed to safeguard aircraft and 
aircraft components located within the repair station, the maintenance 
and repair work performed there, and the facility itself. Repair 
stations would be required to use the TSA standard security program 
unless otherwise authorized by TSA.
    This section would also require a repair station to submit a 
profile. The purpose of the profile would be to provide basic 
information regarding repair station operations to assist TSA in 
determining what measures the repair station must include in its 
security program to meet the security requirements. The profile would 
also assist TSA in prioritizing repair stations for purposes of 
conducting inspections. TSA would make the profile template available 
to all repair stations either through the TSA web site, by mail, or 
both. The profile would request the following types of information:
     Identification of the repair stations, such as FAA 
certificate number, repair station name as it appears on the FAA 
certificate, and repair station address.
     Description of location (on or adjacent to an airport, off 
airport in a business location, off airport private residence).
     Security coordinator who will serve as the TSA point of 
contact.
     If on an airport, the name and three letter designator of 
the airport.
     Total number of employees.
     Number of employees authorized unescorted access to 
aircraft over 12,500 MTOW.
    The name and location of each repair station would assist TSA in 
identifying the repair station and determining its proximity to an 
airport since, as explained above, TSA would consider such repair 
stations to be a higher risk than those that are not located on or 
adjacent to an airport. The profile information would also help TSA to 
prioritize its inspections. Repair stations would also be required to 
update their profile information within 30 calendar days if a change in 
the information submitted occurs. This requirement would enable TSA to 
maintain current information on each regulated repair station and make 
certain that it is appraised of changes that could impact the security 
posture of a repair station. Repair stations would not be required to 
alert TSA to changes in total number of employees or number of 
employees who work on large aircraft to prevent the submission of a new 
profile every time an employee is hired or terminated.

Section 1554.103--Security Program Content, Availability, and Amendment

    Section 1554.103 would describe the general requirements describing 
the measures that each repair station must adopt in the standard 
security program. The standard security program must include:
    (1) A description of the measures used to identify individuals who 
are authorized to enter the repair station to prevent unauthorized 
individuals from entering the repair station;
    (2) a description of the measures used to control access to the 
repair station and to detect and prevent the entry, presence, and 
movement of unauthorized individuals and vehicles into or within the 
repair station;
    (3) a description of the measures used to control access to the 
aircraft and/or aircraft components to allow only authorized 
individuals to have such access;
    (4) a description of the measures used to challenge any individual 
entering the repair station to ascertain the authority of the 
individual to enter or be present in the repair station and measures to 
escort an individual who does not have unescorted authority while 
within the repair station;
    (5) a description of the measures to train all individuals with 
authorized access to aircraft and components on the provisions of this 
part and the security program;
    (6) a description of the measures used to verify employee 
background information through confirmation of prior employment and any 
other means as appropriate to validate employee information;
    (7) the name, 24-hour contact information, duties, and training 
requirements of the designated security coordinator who will serve as 
the primary and immediate contact for security-related activities and 
communications with TSA;
    (8) a contingency plan;
    (9) a diagram with dimensions detailing boundaries and pertinent 
physical features of the repair station;
    (10) a list and description of all entry points; and
    (11) an emergency response contact list.
    The regulations also would require that the security program be in 
writing, and signed by the repair station operator, owner, or other 
authorized person. Each repair station would not have to submit the 
security program to TSA, but would have to make it available to TSA 
upon request or during an inspection.
    The individual standard security program requirements are discussed 
below.
(1) Identification of Authorized Individuals
    The proposed regulations would require the repair station to adopt 
and

[[Page 59881]]

describe measures to identify individuals to prevent unauthorized 
individuals from entering the repair station. The specific requirements 
for a personnel identification media system would be included in the 
standard security program. Personal recognition may be sufficient at 
certain repair station locations. During the inspection process, TSA 
would use the following factors to evaluate whether the personnel 
identification media system must be implemented and what type of 
features the system must use:
     Number of employees and number of shifts.
     Physical size of the repair station.
     Number of visitors.
     Proximity of other businesses or operations.
     Type of work, size of aircraft, and length of runway.
     Number of entry points into the repair station.
     Airport security features.
     Other factors that increase ability of unauthorized 
individuals or vehicles to access the repair station.
    For example, a repair station with 50 employees who work multiple 
shifts at a repair station, located adjacent to an airport with many 
access points, might be required to adopt and carry out the personnel 
identification media system. Such a repair station would be considered 
to be a higher risk because of its proximity to an airport. Further, 
the large number of employees working multiple shifts would make it 
difficult for employees to rely solely on personal recognition as 
workers from different shifts may not be able to recognize each other. 
A repair station located in a residence with a single employee would 
not be required to adopt the personnel identification media system in 
the security program. TSA would not anticipate requiring a repair 
station located at an airport to adopt a personnel identification media 
system if employees were required to obtain and display airport 
identification media.
(2) Repair Station Access Control Measures
    The standard security program would specify the access control 
security requirements for all repair stations. Such requirements would 
include measures to control access to the facility and to the aircraft 
and components within the repair station, to challenge any individuals 
to determine if they are authorized to enter or be present in the 
facility, and to respond if unauthorized individuals or vehicles are 
discovered.
    Acceptable access control measures would be specified in the 
security program. Such measures would cover a broad spectrum, including 
standard locks with key control, card swipe access locks, cipher locks, 
locks with coded keys, biometric access cards, fencing, security 
guards, surveillance cameras, and motion detectors.
    As part of the standard security program, the repair station would 
be required to describe all of the entry points to the facility and the 
specific access control measures used for each. During the inspection 
process, TSA would determine whether the access control measures 
deployed at the entry point are appropriate. A repair station located 
on or adjacent to an airport that performs substantial maintenance on 
large aircraft would be required to have more stringent access 
controls. Such controls could include such measures as card swipe 
access locks, security guards, electronically monitored access or 
motion detectors, fencing or a combination of such controls. A repair 
station located in a private residence or in a small component shop in 
an industrial park would be required to have less sophisticated 
controls, such as standard locks with key control and an inventory 
system to track the number of keys. A repair station would be able to 
select the above or other measures that would provide a appropriate 
level of security.
    Access controls would also be required to restrict unauthorized 
access to components located within the facility, such as locked 
storage containers and inventory control of keys.
(3) Aircraft Access Control Measures
    In addition, the security program would include measures to control 
access to aircraft, such as requiring repair stations located on or 
adjacent to an airport to secure large aircraft by locking or disabling 
the aircraft, keeping the aircraft in a secure hangar during non-
operational hours, fencing, surveillance cameras, lighting, and 
security guards.
(4) Challenge Procedures
    The security program would describe the procedures to be followed 
when challenging individuals who cannot be readily identified. Only 
those individuals who are designated and trained in escort procedures 
would be permitted to escort visitors to the repair station. The 
responsibilities of the escort would be specified in the security 
program. At a small facility with few employees, the ability to observe 
individuals present within the facility may be sufficient to ensure 
that access to repair work and/or components is controlled. At large 
repair station facilities, such as those that use a personnel 
identification media system, employees may have to escort individuals 
as part of their responsibilities.
(5) Security Training Measures
    The security program would include measures to conduct initial and 
recurrent security training programs, such as providing guidance to 
repair station personnel on how to implement and maintain the security 
measures included in the security program. The security program would 
also specify that the training curriculum be updated to reflect current 
security requirements. The repair station would be required to maintain 
records of initial and recurrent security training for each employee. 
The standard security program would include a model curriculum that the 
repair station could modify based on the specific security requirements 
applicable to that repair station.
(6) Employee Background Verification
    The security program would include the measures by which the repair 
station verifies the employment history of its employees and conducts 
background checks, to the extent permitted by the laws of the country 
in which the repair station is located. The employment history, length 
of employment, and measures used to verify the individual's employment 
would be listed in the security program.
(7) Security Coordinator
    Each repair station would be required to designate a security 
coordinator who would serve as the immediate and primary point of 
contact for security-related activities and communications with TSA. 
Each repair station would include the name, responsibilities, and 
contact information of the security coordinator in the security program 
and would also specify the training curriculum required for the 
security coordinator. The security coordinator would not necessarily 
need to be on-site at the repair station, but they must be able to 
coordinate incident management at any time.
(8) Contingency Plan
    The security program would include a contingency plan to include 
the specific measures that would be taken to address security-related 
incidents. The security program would include such items as the names 
of the repair station employees designated to perform specific tasks, 
the name and contact information for any contingency response 
organizations that would assist the repair station, a description of 
the

[[Page 59882]]

DHS threat advisory levels and the additional security measures that 
would be implemented based on the threat level, and set forth the 
responsibilities of all personnel involved. The plan would also provide 
for training and regular practices, if appropriate.
Other Security Program Requirements
    The proposed regulations would also require that each security 
program include a diagram of the repair station detailing the 
boundaries and describing the physical features of the repair station. 
The security program would also include a list and description of all 
entry points into the repair station that would be supplied by the 
repair station operator. These requirements would assist TSA in 
assessing the security vulnerability of the repair station and 
determining whether security measures are appropriate. The security 
program would also include emergency response contact information.
    Section 1554.103(b) would require that the security program be in 
writing, and hand-signed by the repair station operator, owner, or 
other authorized person. The security program would be required to be 
accessible to employees at the repair station facility and be written 
in English and in the official language of the repair station's 
country. The security program could be accessible electronically so 
long as it meets all of the requirements. This section would also 
include a requirement that repair stations must restrict the 
distribution, disclosure, and availability of sensitive security 
information as described in 49 CFR par