GAMA, ARSA Praise U.S. Government For Finalizing Security Rule

The long-awaited final rule for security at both domestic and foreign aviation repair stations is set to be put in place by the TSA after working its way through the government bureaucracy for nearly a decade.

The rule was first proposed in February 24th, 2004, according to the Federal Register. The regulation proposed general requirements for security programs to be adopted and implemented by certain repair stations certificated by the FAA. A notice of proposed rulemaking (NPRM) was published in the Federal Register on November 18, 2009, requesting public comments to be submitted by January 19, 2010. The comment period was extended to February 19, 2010, at the request of the stakeholders to allow the aviation industry and other interested entities and individuals additional time to complete their comments.

TSA has coordinated its efforts with the FAA throughout the rulemaking process to ensure that the final rule does not interfere with FAA's ability or authority to regulate part 145 repair station safety matters. The rule is set to be published in the Federal Register on Monday, January 13.

According to the pre-publication document, the regulations codify the scope of TSA’s existing inspection authority and require repair stations certificated by the Federal Aviation Administration (FAA) under 14 CFR part 145 to allow TSA and Department of Homeland Security (DHS) officials to enter, conduct inspections, and view and copy records as needed to carry out TSA’s security-related statutory and regulatory responsibilities. The regulations also require these repair stations to comply with security directives when issued by TSA.

The regulations also require certain repair stations to implement a limited number of security measures. The regulations establish procedures for TSA to notify repair stations of any deficiencies with their security measures and to determine whether a particular repair station presents an immediate risk to security. The regulations include a process whereby a repair station may seek review of a determination by TSA that the station has not adequately addressed security deficiencies or that the repair station poses an immediate risk to security.

Pete Bunce, President and CEO of GAMA (pictured), praised the issuance of the repair station security final rule, which is designed to improve the security of domestic and foreign repair stations.

“We appreciate the leadership of Department of Homeland Security Secretary Jeh Johnson in making the finalization of the repair station security rule one of his first priorities in office," Bunce said in a statement. "We also appreciate the work of Transportation Security Administration Administrator John Pistole and his staff over many years to bring the repair station rule into existence. By finally putting this rule into place, the U.S. government is ending a decade of bureaucratic inaction, establishing a risk-based security requirement for repair stations and making it easier for U.S. businesses to access and support markets throughout the world.”

Also commenting Friday was the Aeronautical Repair Station Association (ARSA). “While ARSA commends TSA for heeding industry input and narrowing the scope of the regulation, it’s a shame the agency took so long to issue what appears to be straightforward,” ARSA Executive Director Sarah MacLeod said. “The association looks forward to immediately working with the FAA to begin the process of certificating new foreign repair stations so aviation maintenance companies can continue to create jobs and expand markets.”

FMI: www.gama.aero, www.arsa.org, Rule Pre-Publication Document