[Federal Register Volume 64, Number 153 (Tuesday, August 10, 1999)]
[Proposed Rules]
[Pages 43322-43323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20521]


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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.

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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]
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