Updated March 1, 2014
NBAA Cautious about New TSA Repair Station Rule
TSA’s Repair Station Security Rule Still Being Clarified
The Transportation Security Administration’s (TSA’s) new Part 145 repair station security rule, which took effect on Feb. 27, 2014, applies to all repair stations on or adjacent to an airport covered by a TSA airport security program, but it remains unclear if the new rule should apply to a “private” limited-repair station, often found within a flight department setting and used to conduct testing and repairs to only flight department aircraft. NBAA continues to work with the TSA to clarify the applicability of the new program.
TSA suggests that the number of repair stations covered by this final rule would drop from approximately 4,800 world wide to just over 650. NBAA submitted comments to the proposal, and the Association’s submission suggested a number of modifications.
For additional information, contact NBAA’s Sarah Wolf at firstname.lastname@example.org.
TSA Aircraft Repair Station Security Proposed Rulemaking
March 1, 2010
NBAA earlier this month weighed in on a proposal from the Transportation Security Administration (TSA) requiring FAA-certificated Part 145 domestic and foreign aircraft repair stations to implement a standard security program, and comply with a new mandates from the Agency. The proposed rule comes in response to a directive in the Vision 100 – Century of Aviation Reauthorization Act. NBAA’s comments emphasize that repair stations located off airports should not be included in the regulation, and that repair stations not working on airline aircraft should be exempted.
Detailed Analysis of the Aircraft Repair Station Security NPRM
Repair Station Security Requirements
TSA released the final rule that each FAA certificated repair station comply with security measures issued by TSA to mitigate the risk of their facility being targeted for terrorist activity. However, the TSA recognizes that a “one size fits all” approach is not appropriate for all repair stations and based on their risk analyses, has proposed to not include all of the same security measures for those repair stations with a lower risk profile, such as those repair stations not situated on or adjacent to an airport or those repair stations located on airports that only serve aircraft with a maximum certificated takeoff weight of 12,500 pounds or less.
The TSA also noted that repair stations located at facilities for which the Federal Government has assumed responsibility for security measures, such as a U.S. military base, would not be required to comply with this rule as TSA believes that the security at such a facility would likely meet and exceed the security requirements propsed in this rule.
The rule states that the following security measures be implemented:
- designate a 24 hour point of contact
- prevent the unauthorized operation of large aircraft capable of flight that are left unattended
- verify background information of those individuals who are designated as the TSA points of contact and those who have access to any keys or other means used to prevent the unauthorized operation of large aircraft capable of flight that are left unattended
- verify employee background information through confirmation of prior employment and any other means as appropriate to validate employee information
- the name, 24-hour contact information of the designated security coordinator who will serve as the primary and immediate contact for security-related activities and communications with TSA
- When not attended, prevent the unauthorized operation of all large aircraft capable of fight
The regulations also would require that the security program be in writing, and signed by the repair station operator, owner, or other authorized person. Each repair station would not have to submit the security program to TSA, but would have to make it available to TSA upon request or during an inspection.
NBAA has requested clarification from the TSA regarding the applicability of the rule to limited Part 145 repair stations located at airports.
The regulations would codify TSA’s inspection authority and would require repair stations to permit TSA and DHS officials to enter, inspect and test property, facilities and records relevant to repair operations. The purpose of the inspection would be to assess threats to aviation security, enforce TSA security regulations, directives and requirements, evaluate all aspects of the repair station security program, verify whether the security program is being implemented and whether it is effective, as well as to identify and correct security deficiencies.
In the event that a security inspection identified deficiencies, the TSA would notify both the repair station and the FAA and the repair station would have 90 days to correct the deficiencies. If the deficiencies are not corrected within 90 days, the TSA would notify the FAA that it must suspend the repair station’s certificate until such time as the TSA determines that the deficiencies are resolved. The regulations also contain a process whereby a repair station may further request review of TSA’s determination regarding security deficiencies.
Immediate Risk to Security
The regulation contains a specific process whereby a repair station that poses an immediate risk to security is identified and the FAA is notified of such a determination. The FAA must revoke the certificate of a station that TSA determines poses an immediate risk to security. Whether the threat is immediate would be evaluated on a case by case basis considering existing and potential circumstances as information is received and analyzed. The regulation provides a repair station with the opportunity to obtain the releasable materials upon which the determination was made and to seek review of such a determination.
NBAA Resources for Understanding, and Commenting on, the TSA’s Aircraft Repair Station Security NPRM
Direct Member Support
NBAA Members needing more information about the TSA’s aircraft repair station security NPRM should contact NBAA’s Doug Carr, at email@example.com or (202)783-9259.
Associations Urge TSA to Complete Repair Station Security Rules by Year-End
August 27, 2012
NBAA, along with 10 other aviation associations, is asking Department of Homeland Security Secretary Janet Napolitano for confirmation that the Transportation Security Administration (TSA) will finalize requirements for Federal Aviation Administration (FAA)-certified foreign repair stations by the end of the year. The aviation groups assert that a congressional mandate blocking the FAA from certificating additional foreign repair stations until the TSA issues security requirements for FAA-certified repair stations has inhibited the ability of the industry to support the growing number of business aircraft overseas.
Learn more about foreign repair stations…