The FAA today published a Notice of Proposed Rulemaking addressing the authority of FAA Aviation Safety Inspectors (ASI) to access air operations areas (AOAs), secured areas, and security identification display areas (SIDAs). Apparently two previous rulemakings somehow removed the regulatory language that implemented the ASIs’ statutory authority for access to these areas.
The NPRM was issued to reiterate and clarify the authority of an ASI with the proper credentials to access the AOAs, secured areas, and SIDAs of an airport. in order to ensure that they have “access to these areas of an airport so they can perform official duties in support of the FAA’s safety mission.” Under the new rule, airport operators must grant ASIs with proper credentials free and uninterrupted access to airports and facilities to conduct safety inspections. According to the FAA, the NPRM does not substantively change any requirements in 14 CFR, nor does the NPRM’s reestablishment of these requirements in a new part 153 impose any additional obligations on operators affected by the rules. As such, the NPRM reaffirms that “when entering the sterile area through the TSA screening checkpoint, FAA personnel will continue to comply with TSA’s screening procedures.”
Comments to the NPRM are due on or before October 19, 2007. If you would like further information regarding the NPRM, you may contact Pat Hempen, Federal Aviation Administration, Flight Standards Service, Air Transportation Division (AFS-200), 800 Independence Avenue, SW., Washington, DC 20591; Telephone 202-267-8166, E-mail patrick.hempen@faa.gov.
