Sat, Feb 20, 2010
Just Made Friday Deadline For Comments On NPRM
The National Air Transportation Association (NATA) formally
submitted comments to TSA Friday on the agency's notice of proposed
rulemaking (NPRM), Aircraft Repair Station Security.
"NATA was pleased to see the TSA acknowledge the varied types of
facilities and operations in the repair station industry," said
NATA Director of Regulatory Affairs Michael France. "The
association's comments were aimed at educating the TSA on its
misconceptions about repair stations as well as addressing specific
areas of concern to our members."
The Aircraft Repair Station Security NPRM was published in the
Federal Register on November 18, 2010, and the public comment
period closed Friday. This NPRM proposes to require all Part 145
FAA certificated repair stations to adopt and implement a standard
security program created by the TSA. Additionally, the proposed
rules would subject repair stations to TSA-issued security
directives as well grant the TSA the authority to conduct
unannounced inspections.
In its comments, NATA addressed the issues of off-site repair
stations and maintenance, saying "The TSA must ensure that the
regulations promulgated by this NPRM do not restrict the ability of
repair stations to perform maintenance at other locations, if
authorized by the FAA. This is necessary to allow for flexibility
to deal with unscheduled maintenance and certain specialized
maintenance procedures, such as non-destructive testing." It also
supports exemptions for stations that deal only with smaller
aircraft. "NATA agrees that an exemption should be provided to
repair stations that are only authorized to perform work on small
aircraft. NATA does, however, disagree that designation for small
aircraft begins at 12,500 pounds MTOW. NATA proposes that the
weight threshold defining small or large aircraft in this
regulation should be increased to harmonize with the threshold set
with the final version of the TSA’s Large Aircraft Security
Program. NATA believes that all repair stations located off airport
should also be exempted from this rulemaking. These facilities
possess no direct access to aircraft of their own accord. The only
identifiable threat is that of sabotage. The TSA has made no
persuasive argument that existing FAA oversight is insufficient to
prevent acts of sabotage."
On the issue of spot inspections, NATA believes repair stations
should be given some notice as to a TSA visit. "Due to the inherent
safety risks of having untrained individuals near delicate or
hazardous aircraft parts, servicing equipment and materials, NATA
asks that the TSA’s authority to enter a repair station be
limited to normal business hours or after business hours with an
escort upon reasonable notice. Additionally, due to the extreme
disruption caused by unannounced audits/inspections, NATA believes
the TSA should provide reasonable notice when performing routine
inspections."
The TSA will now review all comments submitted by the public and
begin work on the final rule.
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