[Federal Register Volume 64, Number 153 (Tuesday, August 10, 1999)]
[Proposed Rules]
[Pages 43321-43322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20522]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 107

[Docket No. 28979; Notice No. 97-13]
RIN 2120-AD46


Airport 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 Airport Security notice of 
proposed rulemaking (NPRM), published in the Federal Register on August 
1, 1997 (62 FR 41760). That document proposed to amend the existing 
airport 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 airport security programs. The comment period is being 
reopened to provide another opportunity for the public to submit 
additional comments on the compliance programs 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. 
28979, 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. 107.103(a)(2). 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. 29879.'' 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 parts 107 and 139 to 
update the overall regulatory structure for airport security. On August 
1, 1997, the NPRM, Airport Security (part 107), 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 airport 
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 107.103(a)(2) was proposed in Notice 97-13 as follows:

Section 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--
* * * * *
    (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.

    The FAA received a number of comments on this proposal, many of 
them not supportive. Some commenters interpret the proposal to mean 
that the airport operator would be required to enforce Federal 
regulations, and impose fines under the Federal statute. This is not 
what was intended. The FAA

[[Page 43322]]

intends that the airport operator would have a specific program to 
ensure that persons for whom they are responsible carry out the 
requirements in parts 107 and the relevant security program.
    Further, the NPRM did not specify a range of penalties that could 
be imposed, although the NRPM 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. 99-20522 Filed 8-9-99; 8:45 am]
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