[Federal Register Volume 69, Number 36 (Tuesday, February 24, 2004)]
[Proposed Rules]
[Pages 8357-8359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4051]


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DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration

49 CFR Part 1546

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


Aircraft Repair Station Security

AGENCY: Transportation Security Administration (TSA), DHS.

ACTION: Notice of public meeting and request for comments.

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SUMMARY: TSA prescribes and enforces transportation security 
regulations, including rules relating to domestic and certain foreign 
aviation operations. Recent legislation directs TSA to issue a new 
regulation concerning security at foreign and domestic aircraft repair 
stations. In order to develop an effective and comprehensive 
regulation, TSA believes it is important to hear from the stakeholders 
and other interested parties early in the rulemaking process to 
determine what the current conditions are and how security issues can 
be addressed quickly. Therefore, TSA is scheduling a public meeting to 
discuss the new requirement with air carriers, airports, repair 
facility operators and other stakeholders, and invites comments from 
the participants. The public meeting will be held on February 27, 2004, 
at 1 p.m.

DATES: The public meeting will be on February 27, 2004, in Arlington, 
VA. The meeting will begin at 1 p.m. Persons not able to attend a 
meeting are invited to provide written comments, which must be received 
by March 29, 2004.

ADDRESSES: The public meeting will be held at the Drug Enforcement 
Agency, 700 Army Navy Drive, 1st Floor Auditorium, Arlington, Virginia 
22202.
    Persons unable to attend the meeting may submit comments, 
identified by the TSA docket number to this rulemaking, using any one 
of the following methods:
    Comments Filed Electronically: You may submit comments through the

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docket Web site at http://dms.dot.gov. 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 comment, 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), or you may visit http://dms.dot.gov.
    You also may submit comments through the Federal eRulemaking portal 
at http://www.regulations.gov.
    Comments Submitted by Mail, Fax, or In Person: Address or deliver 
your written, signed comments to the Docket Management System, U.S. 
Department of Transportation, Room Plaza 401, 400 Seventh Street, SW., 
Washington, DC 20590-0001; fax: 202-493-2251.
    Reviewing Comments in the Docket: You may review the public docket 
containing comments in person in the Dockets Office between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The Dockets 
Office is located on the plaza level of the NASSIF Building at the 
Department of Transportation address above. Also, you may review public 
dockets on the Internet at http://dms.dot.gov.
    See SUPPLEMENTARY INFORMATION for format and other information 
about comment submissions.

FOR FURTHER INFORMATION CONTACT: Roger Shoemaker, Office of 
Transportation Security Policy, Transportation Security Administration 
Headquarters, East Building, Floor 7, TSA-9, 601 South 12th Street, 
Arlington, VA 22202; telephone: (571) 227-3662; fax: (571) 227-2594; e-
mail: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    TSA invites interested persons to participate in the public meeting 
or by submitting written comments, data, or views. We invite comments 
relating to any aspect of aircraft repair station security and 
operation. The areas in which TSA seeks information and comment from 
the industry at the public meeting are listed below in the ``Specific 
Issues for Discussion'' section. See ADDRESSES above for information on 
where to submit comments.
    With each comment, please include your name and address, identify 
the docket number at the beginning of your comments, and give the 
reason for each comment. The most helpful comments reference a specific 
topic, explain the reason for any recommendation, and include 
supporting data. You may submit comments and material electronically, 
in person, by mail, or fax 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 the TSA to acknowledge receipt of your comments, 
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.
    Except for comments containing confidential information and SSI, we 
will file in the public docket all comments we receive, as well as a 
report summarizing each substantive public contact with TSA personnel 
concerning this rulemaking. The docket is available for public 
inspection before and after the comment closing date.
    We will consider all comments we receive on or before the closing 
date for comments. We will consider comments filed late to the extent 
practicable.

Availability of Rulemaking Document

    You can get an electronic copy using the Internet by--
    (1) Searching the Department of Transportation's electronic Docket 
Management System (DMS) Web page (http://dms.dot.gov/search);
    (2) Accessing the Government Printing Office's Web page at http://www.access.gpo.gov/su_docs/aces/aces140.html; or
    (3) Visiting the TSA's Law and Policy Web page at http://www.tsa.dot.gov/public/index.jsp.
    In addition, copies 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.

Background

    The terrorist attacks of September 11, 2001, resulted in 
catastrophic human casualties and property damage. In response to those 
attacks, Congress passed the Aviation and Transportation Security Act 
(ATSA), which established the Transportation Security Administration 
(TSA).\1\ TSA was created as an agency within the Department of 
Transportation (DOT), operating under the direction of the Under 
Secretary of Transportation for Security. As of March 1, 2003, TSA 
became an agency of the Department of Homeland Security (DHS), and the 
Under Secretary is now the Administrator
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    \1\ 1 Pub. L. 107-71, November 19, 2001, 115 Stat. 597.
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    As part of its aviation security mission, TSA prescribes and 
enforces aviation security regulations for domestic aircraft operators 
(49 CFR part 1544), domestic airport operators (49 CFR part 1542), 
foreign air carriers that operate to, from, within, and overfly the 
United States (49 CFR part 1546), indirect air carriers (49 CFR part 
1548), and general operating and flight rules (49 CFR part 1550).
    On December 12, 2003, the President signed into law the Vision 100-
-Century of Aviation Reauthorization Act.\2\ Section 611 of the Act 
requires TSA to ``issue final regulations to ensure the security of 
foreign and domestic aircraft repair stations'' within 240 days, that 
is by August 8, 2004. There are approximately 650 foreign repair 
stations that are certified by the Federal Aviation Administration 
(FAA) to repair aircraft that enter U.S. airspace, and approximately 
4500 domestic repair facilities. These repair stations vary greatly in 
size, type of repair completed, workforce, and location (such as 
proximity to an airport). There are small shops in industrial parks 
that may repair aircraft radios, and there are large stations that 
complete major aircraft overhauls. Because the station characteristics 
vary so greatly, TSA believes the corresponding security threat and 
existing security measures also vary widely.
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    \2\ 2 Pub. L. 108-176, December 12, 2003, 117 Stat. 2490.
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    TSA will prepare a notice of proposed rulemaking after the public 
meeting, provide an opportunity for public comment, and then issue a 
final rule. The information presented at the public meeting should 
greatly assist TSA in developing proposed standards for securtiy 
systems at foreign and domestic repair stations. Therefore, TSA looks 
forward to meeting with the key stakeholders on this topic and 
exchanging information.

Specific Issues for Discussion

    There are several areas in which TSA seeks information and comment 
from the industry at the public meeting, which are listed below. These 
key issues are intended to help focus public comments on subjects that 
TSA must explore in order to complete its review of the security of 
aircraft repair stations. The comments at the meeting need not be 
limited to these issues, and TSA invites comments on any other aspect 
of aircraft repair station security and operation.

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    (1) What security measures are currently in place at foreign and 
domestic aircraft repair stations? Do you use access control, perimeter 
security, or identification media? What kind of employee background 
checks, if any, are conducted on employees prior to hiring, or 
periodically?
    (2) What security vulnerabilities do you believe currently exist at 
foreign and domestic repair stations?
    (3) What minimum standards should be in place to prevent 
unauthorized access, tampering, and other security breeches at foreign 
and domestic aircraft repair stations?
    (4) What does your current security system cost?
    (5) Should TSA regulations be tailored to the type of rating the 
repair station holds, number of employees, proximity to an airport, 
number of repairs completed, or other characteristics? If so, please 
explain how that could be accomplished.
    (6) Should aircraft operators play a role in ensuring that repair 
facilities maintain a secure workplace? If so, what should aircraft 
operators do to enhance repair station security?
    (7) Have you experienced security breeches at your facility? If so, 
what measures were instituted to prevent recurrence?

Participation at the Meeting

    Anyone wishing to present an oral statement at the meeting should 
provide a written request to TSA no later than February 20, 2004. Such 
requests should be submitted to Roger Shoemaker, as listed previously 
in the FOR FURTHER INFORMATION CONTACT section. In addition, anyone who 
wishes to present a statement at the public meeting should submit a 
written version of the oral remarks and supporting documentation for 
any of the conclusions reached. Speakers should plan to talk for no 
more than 10 minutes. TSA will prepare an agenda of speakers that will 
be available at the meeting. The names of those individuals whose 
requests to present oral statements are received after the date 
specified above may not appear on the written agenda. To accommodate as 
many speakers as possible, the amount of time allocated to each speaker 
may be less than the amount of time requested.

Public Meeting Procedures

    TSA will use the following procedures to facilitate the meeting:
    (1) There will be no admission fee or other charge to attend or to 
participate in the meeting. The meeting will be open to all persons who 
are scheduled to present statements or who register between 12:30 and 1 
on the day of the meeting. TSA will make every effort to accommodate 
all persons who wish to participate, but admission will be subject to 
availability of space in the meeting room. The meeting may adjourn 
early if scheduled speakers complete their statements in less time than 
is scheduled for the meeting.
    (2) An individual, whether speaking in a personal or a 
representative capacity on behalf of an organization, may be limited to 
a 10-minute statement. If possible, we will notify the speaker if 
additional time is available.
    (3) TSA will try to accommodate all speakers. If the available time 
does not permit this, speakers generally will be scheduled on a first-
come, first-served basis. However, TSA reserves the right to exclude 
some speakers if necessary to present a balance of viewpoints and 
issues.
    (4) Sign and oral interpretation can be made available at the 
meeting, as well as an assistive listening device, if requested 10 
calendar days before the meeting.
    (5) Representatives of TSA will preside over the meeting. A panel 
of TSA personnel involved in this issue will be present.
    (6) The meeting will be recorded by a court reporter. A transcript 
of the meeting and any material accepted by TSA during the meeting will 
be included in the public docket. Any person who is interested in 
purchasing a copy of the transcript should contact the court reporter 
directly.
    (7) TSA will review and consider all material presented by 
participants at the meeting. Position papers or material presenting 
views or arguments related to the security of foreign and domestic 
aircraft repair stations may be accepted at the discretion of the 
presiding officer and subsequently placed in the public docket. TSA 
asks that persons participating in the meeting provide six copies of 
all materials to be presented for distribution to the TSA 
representatives; other copies may be provided to the audience at the 
discretion of the participant.
    (8) Statements made by TSA representatives are intended to 
facilitate discussion of the issues or to clarify issues. Any statement 
made during the meeting by a TSA representative is not intended to be, 
and should not be construed as, a position of TSA.
    (9) The meeting is designed to solicit public views and gather 
additional information on the security of aircraft repair stations. 
Therefore, the meeting will be conducted in an informal, non-
adversarial manner. No individual will be subject to cross-examination 
by any other participant; however, TSA representatives may ask 
questions to clarify a statement and to ensure a complete and accurate 
record.

    Issued in Arlington, Virginia, on February 18, 2004.
Thomas R. Blank,
Assistant Administrator for Transportation Security Policy.
[FR Doc. 04-4051 Filed 2-20-04; 10:52 am]
BILLING CODE 4910-62-P