1652-AA38 200910 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 1652 Transportation Security Administration TSA 1600 Department of Homeland Security DHS Aircraft Repair Station Security 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 and section 1616 of the 9/11 Commission Act of 2007. The regulation will propose general requirements for security programs to be adopted and implemented by repair stations certificated 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. The delay in publication of the notice of proposed rulemaking has been due to TSA scoping out the project, including making site visits to repair stations in different locations around the world. Other Significant Previously Published in The Unified Agenda Proposed Rule Stage Yes No 49 CFR 1554 49 USC 114 49 USC 44924 Statutory Final 08/08/2004 Rule within 240 days of the date of enactment of Vision 100. Statutory Final 08/03/2008 Rule within 1 year after the date of enactment of 9/11 Commission Act. 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 issue “final regulations to ensure the security of foreign and domestic aircraft repair stations.” Section 1616 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Pub. L. 110–531; Aug. 3, 2007; 21 Stat. 266) requires TSA issue a final rule on foreign repair station security. Yes 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 TSA’s existing inspection program. The proposal also will provide procedures for repair stations to seek review of any TSA determination that security measures are deficient. Section 611(b)(1) of Vision 100—Century 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 certificated or is in the process of certification. TSA is required by statute to publish regulations requiring security programs for aircraft repair stations. As part of its notice of proposed rulemaking, TSA will seek public comment on the numerous alternative ways in which the final rule could carry out the requirements of the statute. TSA anticipates costs to aircraft repair stations mainly related to the establishment of security programs, which may include adding such measures as access controls, a personnel identification system, security awareness training, the designation of a security coordinator, employee background verification, and a contingency plan. It is difficult to identify the particular risk reduction associated with the implementation of this rule because the nature of value of the benefits of reducing risk of a terrorist attack is a function of both the probability of an attack and the value of the consequence. When the proposed rule is published, DHS will provide a break even analysis discussing the program elements that would help achieve risk reductions. These elements and related qualitative benefits include a reduction in the risk of an aircraft being sabotaged, resulting in potential injury or loss of life for the passengers and crew, or reduction in the risk of being hijacked, resulting in the additional potential for the aircraft being used as a weapon of mass destruction. The Department of Homeland Security aims to prevent terrorist attacks within the United States and to reduce the vulnerability of the United States to terrorism. By requiring security programs for aircraft repair stations, TSA will focus on preventing unauthorized access to repair work and to aircraft to prevent sabotage or hijacking. Notice--Public Meeting; Request for Comments 02/24/2004 69 FR 8357 Report to Congress 08/24/2004 NPRM 11/18/2009 74 FR 59873 NPRM Comment Period End 01/19/2010 Final Rule 11/00/2010 Yes Businesses None No www.regulations.gov www.regulations.gov Yes No Celio Young 1652 Transportation Security Administration TSA 571 227-3580 571 227-1362 celio.young@tsa.dhs.gov Office of Transportation Sector Network Management, General Aviation Division, TSA-28, HQ, E5, 601 South 12th Street, Arlington VA 20598-6028 Thomas Philson 1652 Transportation Security Administration TSA 571 227-3236 571 227-1362 thomas.philson@dhs.gov Office of Transportation Sector Network Management, TSA-28, HQ, E10-411N, 601 South 12th Street, Arlington VA 20598-6028 Linda Kent L. 1652 Transportation Security Administration TSA 571 227-2675 571 227-1381 linda.kent@tsa.dhs.gov Office of the Chief Counsel, TSA-2, HQ, E12-126S, 601 South 12th Street, Arlington VA 20598-6002