[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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