TSA considers repair station rule exemptions
New TSA repair-shop proposal provides flexibility and recognizes differences between large and small shops, industry leaders believe, but those leaders also cautioned that many of the details of the requirements, and their impacts on small business, are still unclear
The Transportation Security Administration’s (TSA) long-awaited proposal to impose new repair station security requirements appears to provide flexibility and recognize differences between large and small shops, industry leaders believe, but those leaders also cautioned that many of the details of the requirements, and their impacts on small business, are still unclear.
Kerry Lunch writes that on Monday, 17 November, TSA published the notice of proposed rulemaking to require Part 145 repair stations to implement a standard security program (SSP) and comply with certain security directives. The proposal has been highly anticipated since Congress mandated the rulemaking in 2003 under the FAA “Vision 100” reauthorization bill. Dismayed with the lack of progress in issuing the regulations, Congress in 2007 prohibited FAA from issuing certificates to new foreign repair stations until the final rule was released.
Cindy Farkus, assistant administrator for TSA’s Office of Global Strategies, last week acknowledged the lengthy time it took the agency to release the rules. “We knew we had work to do, but we had so many threats coming up, we had to put our resources to other areas,” Farkus told the House transportation security and infrastructure protection subcommittee.
TSA, however, took advantage of the time to work with industry stakeholders and foreign governments to ensure the new regulations would provide an appropriate balance of security and flexibility, she said. “We have not been waiting for the rule to be finalized,” Farkus said, adding that the agency has networked to understand the industry and make inroads with foreign governments. “We will continue our outreach and expand our efforts,” she said. “TSA is committed to working with our stakeholders, both foreign and domestic, to develop a proposed rule that is flexible, viable, and takes into consideration the efforts already put forth by repair stations to secure their environment from the threat of terrorism.”
Lynch quotes Farkus to say that in crafting the proposal, TSA wanted to ensure that the agency listened to the diversity of interests, took a risk-based approach, incorporated flexibility for the range of repair stations and worked with FAA.
The proposal would require both domestic and foreign repair stations to adopt an SSP and implement measures that protect the security of the aircraft and components located at the repair station, the maintenance and repairs performed there and the facility itself.
The proposal applies to all certificated repair stations, whether on or off airport properties and whether at large commercial or small general aviation facilities. The SSP would include: descriptions of access controls at a facility; a description of measures used to identify employees and others with authorized access to aircraft and/or components; a description of procedures to challenge unauthorized individuals; a description of security awareness training; the name of the designated security coordinator; a contingency plan, and a description of the means to verify employee background information.
“Recognizing that a ‘one size fits all’ approach would not appropriately address the diversity in repair station characteristics, TSA believes that the repair stations should have some flexibility regarding the particular equipment, facilities and measures that would be listed in the standard security program and used to comply with the proposed regulations,” the agency said in the proposal.
