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.

FMI: www.nata.aero, www.tsa.gov