[Federal Register Volume 63, Number 70 (Monday, April 13, 1998)]
[Rules and Regulations]
[Pages 18076-18077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9643]



[[Page 18075]]

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Part II





Department of Transportation





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Federal Aviation Administration



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14 CFR Parts 107 and 108



Unescorted Access Privilege: Address Change; Final Rule

  Federal Register / Vol. 63, No. 70 / Monday, April 13, 1998 / Rules 
and Regulations  

[[Page 18076]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 107 and 108

[Docket No. 29193; Amendment No. 107-11; 108-16]


Unescorted Access Privileges: Address Change

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: In October 1995, the FAA published a final rule requiring 
employment history checks for individuals authorized access to a 
security identification display area (SIDA) of a U.S. airport. This 
final rule changes the Federal Aviation Administration address to which 
fingerprint cards required for certain employment checks must be 
forwarded. This final rule announces an administrative decision 
internal to the FAA and does not affect the substance of the October 
1995 final rule.

EFFECTIVE DATE: May 13, 1998.

FOR FURTHER INFORMATION CONTACT: Linda Valencia, Office of Civil 
Aviation Security Policy and Planning, Policy and Standards Division, 
Federal Aviation Administration, 800 Independence Avenue, SW., 
Washington, DC 20591, telephone (202) 267-3413.

SUPPLEMENTARY INFORMATION

Availability of Final Rules

    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), the Federal Register's electronic bulletin board service 
(telephone: 202-512-1661), or the FAA's Aviation Rulemaking Advisory 
Committee Bulletin Board service (telephone: 800-FAA-ARAC).
    Internet users may reach the FAA's web page at http://www.faa.gov 
or the Federal Register's webpage at http://www.access.gpo.gov/su__docs 
for access to recently published rulemaking documents.
    Any person may obtain a copy of this final rule by submitting a 
request to the Federal Aviation Administration, Office of Rulemaking, 
ARM-1, 800 Independence Avenue, SW., Washington, DC 20591, or by 
calling (202) 267-9680. Communications must identify the amendment 
number or docket number of this final rule.
    Persons interested in being placed on the mailing list for future 
Notices of Proposed Rulemaking and Final Rules should request from the 
above office a copy of Advisory Circular No. 11-2A, Notice of Proposed 
Rulemaking Distribution System, that describes the application 
procedure.

Background

    Amendments 107-7 and 108-12 required airport operators and air 
carriers to conduct employment investigations and disqualify 
individuals convicted of certain enumerated crimes from having, or 
being able to authorize others to have, unescorted access privileges to 
a security identification display area (SIDA) of a U.S. airport. (60 FR 
51854; October 3, 1995.) This rulemaking was promulgated to enhance the 
effectiveness of the U.S. civil aviation security system by ensuring 
that individuals applying for unescorted access privileges do not 
constitute an unreasonable risk to the security of the aviation system.
    One of the requirements of the final rule is that airport 
operators, under part 107, and air carriers, under part 108, submit the 
fingerprint cards required for certain employment investigation checks 
to the FAA at its 800 Independence Ave., NW., Washington, DC address. 
However, for administrative reasons, the Office of Civil Aviation 
Security has determined that the cards could be more efficiently 
processed at the FAA field office in St. Louis, Missouri. Therefore, 
the FAA is amending the rules to indicate this change of address. The 
newly designated office to receive the fingerprint cards is: Federal 
Aviation Administration, Room 4597E, 9700 Page Avenue, St. Louis, MO 
63132.
    Readers will observe that this address does not appear in the 
amended regulatory language. The reason for not putting a specific 
address in the rule language is that, for every change to this address, 
the FAA must amend the regulations, a process that expends resources 
unnecessarily. However, the FAA also realizes that, in the future, if a 
change in address occurs, airport operators and air carriers must, as a 
practical matter, have such information quickly. Therefore, the FAA had 
determined that it will disclose any changes via the respective 
security programs to ensure that airport operators and air carriers are 
notified of any change of address in an expeditious manner.
    This change of address is effective in 30 days. The FAA believes 
that this constitutes sufficient notice for affected persons to effect 
the change.

Regulatory Process Matters

    Because this is an administrative change with no substantive effect 
on any regulation and because the change of address constitutes no 
costs to regulated parties, the FAA has determined that prior notice 
and comment is unnecessary. The FAA also certifies that this 
administrative change will not impose a significant impact on small 
entities. In addition, it has also been determined that this final rule 
change is not a ``significant regulatory action'' under Executive Order 
12866 nor is it a significant action under DOT regulatory policies and 
procedures (44 FR 11034, February 26, 1979).

Paperwork Reduction Act

    Information collection requirements found in Sec. 107.31 and 108.33 
have been approved by the Office of Management and Budget (OMB) under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), and have been assigned OMB Control Number 2120-0564. There 
are no new requirements for information collection associated with this 
amendment.

List of Subjects in 14 CFR Parts 107 and 108

    Air carriers, Air transportation, Airlines, Airplanes operator 
security, Aviation safety, Security matters, Transportation, Weapons.

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends parts 107 and 108 of Title 14, Code of Federal 
Regulations as follows:

PART 107--AIRPORT SECURITY

    1. The authority citation for part 107 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 5103, 40113, 40119, 44701, 44702, 
44706, 44901-44905, 44907, 44913-44914, 44932, 44935-44936, 46105.

    2. Amend Sec. 107.31 to revise paragraph (i)(4) to read as follows:


Sec. 107.31   Access investigation.

* * * * *
    (i) * * *
    (4) The fingerprint card must be forwarded to the Federal Aviation 
Administration at the location specified by the Administrator.
* * * * *

[[Page 18077]]

PART 108--AIRPLANE OPERATOR SECURITY

    3. The authority citation for part 108 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40101, 40102, 40113, 40119, 44701-
44713, 44901-44915, 44931-44937, 46105.

    4. Amend Sec. 108.33 to revise paragraph (e)(4) to read as follows:


Sec. 108.33   Access investigation.

* * * * *
    (e) * * *
    (4) The fingerprint card must be forwarded to the Federal Aviation 
Administration at the location specified by the Administrator.
* * * * *
    Issued in Washington, DC on April 7, 1998.
Jane F. Garvey,
Administrator.
[FR Doc. 98-9643 Filed 4-10-98; 8:45 am]
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