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DHS/TSA RIN: 1652-AA38 Publication ID: Fall 2013 
Title: Aircraft Repair Station Security 
Abstract: Pursuant to the requirements of section 611 of Vision 100--Century of Aviation Reauthorization Act and section 1616 of the 9/11 Commission Act of 2007, the Transportation Security Administration (TSA) is developing a regulation to improve the security of domestic and foreign aircraft repair stations. TSA published a notice of proposed rulemaking (NPRM) on November 18, 2009, and requested public comment by January 19, 2010. At the request of the stakeholders, TSA extended the comment period to February 19, 2010; this provided the aviation industry and other interested entities and individuals additional time to submit comments. The NPRM proposed to require certain repair stations that are certificated by the Federal Aviation Administration (FAA) to adopt and carry out a security program. TSA is working on a final rule that would finalize this rulemaking project. Throughout the development of this rulemaking, TSA has coordinated its efforts with the FAA to ensure that the rulemaking does not interfere with FAA's ability or authority to regulate part 145 repair station safety matters. 
Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
CFR Citation: 49 CFR 1554 
Legal Authority: 49 USC 114; 49 USC 44924 
Legal Deadline:
Action Source Description Date
Final  Statutory  Rule within 240 days of the date of enactment of Vision 100.  08/08/2004 
Final  Statutory  Rule within 1 year after the date of enactment of 9/11 Commission Act.  08/03/2008 

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 that 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.

Statement of Need: The Transportation Security Administration (TSA) proposed regulations to improve the security of domestic and foreign aircraft repair stations. The NPRM proposed to require certain repair stations that are certificated by the Federal Aviation Administration to adopt and carry out a security program. The NPRM proposed to codify the scope of TSA's existing inspection program. The proposal also provides procedures for repair stations to seek review of any TSA determination that security measures are deficient.

Summary of the Legal Basis: 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 that TSA 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 1 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.

Alternatives: TSA is required by statute to publish regulations for aircraft repair stations. As part of its notice of proposed rulemaking, TSA sought public comment on the numerous alternative ways in which the final rule could carry out the requirements of the statute.

Anticipated Costs and Benefits: In the NPRM, TSA anticipated costs to aircraft repair stations mainly related to the establishment of security programs. The NPRM estimated total cost of the program is $344.4 million (10-year, undiscounted) and $241 million (discounted at 7 percent). As TSA tightens security in other areas of aviation, repair stations increasingly may become attractive targets for terrorist organizations attempting to evade aviation security protections currently in place. TSA also used a break-even analysis to assess the trade-off between the beneficial effects and the costs of implementing the rulemaking. The NPRM break-even analysis used three attack scenarios to determine the degree to which the rule must reduce the overall risk of a terrorist attack in order for the expected benefits to justify the estimated rule costs. TSA is revising the NPRM costs and benefits estimates for the final rule.

Risks: 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. In the regulation, TSA will focus on preventing unauthorized access to repair work and to aircraft to prevent sabotage or hijacking.

Timetable:
Action Date FR Cite
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   
NPRM Comment Period Extended  12/29/2009  74 FR 68774 
NPRM Extended Comment Period End  02/19/2010   
Final Rule  11/00/2013   
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: Yes 
Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: Yes 
Agency Contact:
Shawn Gallagher
Regional Security Inspector, Compliance Programs, Repair Stations
Department of Homeland Security
Transportation Security Administration
Office of Security Operations, TSA-29, HQ, E5, 601 South 12th Street,
Arlington, VA 20598-6029
Phone:571 227-4005
Email: shawn.gallagher@tsa.dhs.gov

Monica Grasso Ph.D.
Manager, Economic Analysis Branch-Cross Modal Division
Department of Homeland Security
Transportation Security Administration
Office of Security Policy and Industry Engagement, TSA-28, HQ, E10, 601 South 12th Street,
Arlington, VA 20598-6028
Phone:571 227-3329
Email: monica.grasso@tsa.dhs.gov

Linda L. Kent
Assistant Chief Counsel, Regulations and Security Standards Division
Department of Homeland Security
Transportation Security Administration
Office of the Chief Counsel, TSA-2, HQ, E12, 601 South 12th Street,
Arlington, VA 20598-6002
Phone:571 227-2675
Fax:571 227-1381
Email: linda.kent@tsa.dhs.gov

 
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