TSA Repair Station Rule Published

January 17, 2014

The Transportation Security Administration’s long awaited “TSA repair station rule” was published in the Federal Register on Monday, January 13, 2014. Congress, via the Vision 100-Century of Aviation Reauthorization Act, required the TSA to promulgate regulations that would improve the security of domestic and foreign aircraft repair stations by 2004. Nearly a decade later, the required regulations have been published, thus ending a five-year ban on the certification of new foreign repair stations.

 The regulations codify the scope of TSA’s existing inspection authority and require repair stations certificated by the Federal Aviation Administration under 14 CFR part 145 to allow TSA and Department of Homeland Security 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 do the following: (1) require repair stations to comply with security directives when issued by TSA; (2) implement a limited number of security measures for certain repair stations; (3) 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; and (4) include procedures for a repair station to 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.

 The rule’s full gambit of strict security measures will only apply to “high risk” repair stations located on or adjacent to an airport, and foreign repair stations will have to complete a four-question audit that will help TSA determine whether security measures are required. Some of the security measures for “high risk” repair stations include designating points of contact who are available 24/7 and providing for acceptable means of securing aircraft such as blocking its path or locking it in a hanger.

 The full rule is available at the following link:

 https://www.gpo.gov/fdsys/pkg/FR-2014-01-13/pdf/2014-00415.pdf

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