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DHS/TSA | RIN: 1652-AA38 | Publication ID: Fall 2008 |
Title: Aircraft Repair Station Security | |
Abstract: The Transportation Security Administration (TSA) will propose to add a new regulation to improve the security of domestic and foreign aircraft repair stations, as required by the section 611 of Vision 100--Century of Aviation Reauthorization Act. The NPRM will propose general requirements for security programs to be adopted and implemented by repair stations certified by the Federal Aviation Administration (FAA). Regulations originally were to be promulgated by August 8, 2004. A Report to Congress was sent August 24, 2004, explaining the delay. | |
Agency: Department of Homeland Security(DHS) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: Undetermined | Unfunded Mandates: No |
CFR Citation: 49 CFR 1554 | |
Legal Authority: 49 USC 114 49 USC 44924 |
Legal Deadline:
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Overall Description of Deadline: Section 611(b)(1) of Vision 100--Century of Aviation Reauthorization Act (Pub. L. 108-176; Dec. 12, 2003; 117 Stat. 2490), codified at 49 U.S.C. 44924, requires TSA to issue final regulations to ensure the security of foreign and domestic aircraft repair stations within 240 days from date of enactment of Vision 100. |
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Statement of Need: The Transportation Security Administration (TSA) is proposing regulations to improve the security of domestic and foreign aircraft repair stations. The proposed regulations will require repair stations that are certificated by the Federal Aviation Administration to adopt and carry out a security program. The proposal will codify the scope of TSAs existing inspection program. The proposal also will provide procedures for repair stations to seek review of any TSA determination that security measures are deficient. |
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Summary of the Legal Basis: Sec. 611(b)(1) of Vision 100Century of Aviation Reauthorization Act (Pub. L. 108-176; 12/12/2003; 117 Stat. 2490), codified at 49 U.S.C. 44924, requires TSA to issue final regulations to ensure the security of foreign and domestic aircraft repair stations within 240 days from date of enactment of Vision 100. Section 1616 of Public Law 110-53, Implementing Recommendations of the 9/11 Commission Act of 2007 (Aug. 3, 2007; 121 Stat. 266) requires that the FAA may not certify any foreign repair stations if the regulations are not issued within one year after the date of enactment of the 9/11 Commission Act unless the repair station was previously certified or is in the process of certification. |
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Anticipated Costs and Benefits: The proposed rule would enhance aviation security by supplementing existing safety regulations with requirements for repair stations to implement specific security measures to protect aircraft from commandeering, tampering, or sabotage. The proposed security measures will mitigate the potential threat that an aircraft could be used as a weapon or be destroyed. Using a 7 percent discount rate, TSA estimated the 10-year cost impacts for the primary scenario of this rulemaking would total $242.4 million. This total is distributed among domestic repair stations, which would incur total costs of $119.7 million; foreign repair stations, which would incur costs of $68.9 million; and TSA-projected Federal Government costs, which would be $53.7 million. As of March 2007, the FAA reported that there are 4,227 domestic repair stations and 694 repair stations located outside the U.S. that have an FAA certificate under part 145 of the FAAs rules. |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: Businesses | Federalism: No |
Included in the Regulatory Plan: Yes | |
RIN Information URL: www.regulations.gov | Public Comment URL: www.regulations.gov |
RIN Data Printed in the FR: No | |
Agency Contact: John Randol Program Manager, Repair Stations Department of Homeland Security Transportation Security Administration Office of Security Operations, TSA-29, HQ, E9, 601 South 12th Street, Arlington, VA 20598-6029 Phone:571 227-1796 Email: john.randol@dhs.gov Dominick S. Caridi Director, Regulatory and Economic Analysis Department of Homeland Security Transportation Security Administration Office of Security Policy and Industry Engagement, TSA-28, HQ, E10-419N, 601 South 12th Street, Arlington, VA 20598-6028 Phone:571 227-2952 Fax:703 603-0404 Email: dominick.caridi@tsa.dhs.gov Linda L. Kent Assistant Chief Counsel for Regulations and Security Standards Department of Homeland Security Transportation Security Administration Office of the Chief Counsel, 601 South 12th Street, Arlington, VA 20598-6002 Phone:571 227-2675 Fax:571 227-1381 Email: linda.kent@tsa.dhs.gov |