

[Federal Register: September 19, 2007 (Volume 72, Number 181)]
[Proposed Rules]               
[Page 53504-53509]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19se07-27]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 153

[Docket No. FAA-2007-29237]
RIN 2120--AJ07

 
Aviation Safety Inspector Airport Access

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: Two rulemakings finalized several years ago removed regulatory 
language that implemented FAA Aviation Safety Inspector (ASI) statutory 
authority to access air operations areas, secured areas, and security 
identification display areas. This proposal reiterates and clarifies 
the authority of an ASI with the proper credentials to access air 
operations areas, secured areas, and security identification areas of 
an airport. The proposal would make sure ASIs have access to these 
areas of an airport so they can perform official duties in support of 
the FAA's safety mission.

DATES: Send your comments on or before October 19, 2007.

ADDRESSES: You may send comments identified by Docket Number FAA-2007-
29237 by any of the following methods:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 

the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov
 and follow the instructions for sending your 

comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
     Fax: 1-202-493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    You may also read background documents or comments received at the 
addresses above.

FOR FURTHER INFORMATION 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.

[[Page 53505]]


SUPPLEMENTARY INFORMATION: Later in this preamble under the Additional 
Information section, we discuss how you can comment on this proposal 
and how we will handle your comments. Included in this discussion is 
related information about the docket, privacy, and the handling of 
proprietary or confidential business information. We also discuss how 
you can get a copy of this proposal and related rulemaking documents.

Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in 
Title 49 of the United States Code. Subtitle I, section 106 describes 
the authority of the FAA Administrator. Subtitle VII, Aviation 
Programs, describes in more detail the scope of the agency's authority.
    The FAA is issuing this rulemaking under the authority set forth in 
49 U.S.C. section 44701(a)(5), section 40113, and section 44713. Under 
section 44701(a)(5), the Administrator is charged with promoting safe 
flight of civil aircraft by, among other things, prescribing 
regulations the Administrator finds necessary for safety in air 
commerce. Sections 40113 and 44713 relate to the Administrator's 
authority to conduct safety inspections.

Purpose of This Rule

    The FAA proposes to re-codify in Title 14 of the Code of Federal 
Regulations existing statutory authority concerning Federal Aviation 
Administration (FAA) safety inspections. In order to execute such 
authority, FAA aviation safety inspectors (ASIs) must have access to 
air operations areas (AOA), secured areas, and security identification 
display areas (SIDAs) in airports. Airport operators grant authority to 
access these areas in airports in accordance with an Airport Security 
Program (ASP). An airport operator develops and submits an ASP to the 
Transportation Security Administration (TSA) for approval. It is the 
airport operator that implements the ASP and grants access to AOAs, 
secured areas, and SIDAs, to individuals such as ASIs, Customs 
Inspectors, Postal Inspectors, and other Federal Inspectors.
    This rulemaking will not require changes in TSA documents for 
airport operators, such as the ASP, or for part 119 certificate 
holders, such as the Aircraft Operator's Standard Security Program 
(AOSSP). However, an airport operator or aircraft operator may decide 
to submit to TSA proposed changes to its security program, or TSA may 
decide to require changes to the program. The FAA has coordinated this 
rulemaking with TSA.

Background

ASI Authority

    Congress has granted the FAA and its inspectors broad authority to 
carry out the Agency's mission by performing any necessary tests, 
inspections, surveillance, and investigations without limitations as to 
when and where those activities may be carried out to preserve the 
safety and integrity of the national airspace system.
    Under Title 49 U.S.C. Section 40113, the FAA Administrator is 
empowered to conduct such investigations and inspections as necessary 
to ensure the safety of civil aviation (http://uscode.house.gov/search/criteria.shtml
). The statute does not restrict such activities by time 

and place. Section 40113 states, in part, that the Administrator may 
take action that the Administrator ``considers necessary to carry out 
this part, including conducting investigations, prescribing 
regulations, standards, and procedures, and issuing orders.''
    Title 49 U.S.C. 44713 also clearly outlines the inspection duties 
and inspection authority of ASIs and does not restrict such activities 
by time and place (http://uscode.house.gov/search/criteria.shtml). This 

section states, in part, that the Administrator employs ASIs to 
``inspect aircraft, aircraft engines, propellers, and appliances 
designed for use in air transportation, during manufacture and when in 
use by an air carrier in air transportation, to enable the 
Administrator to decide whether the aircraft, aircraft engines, 
propellers, or appliances are in safe condition and maintained 
properly.''

Statement of the Problem

    Recently, two rulemaking events have occurred that have 
unintentionally removed some rule language in Title 14 of the Code of 
Federal Regulations (14 CFR) that gave ASIs specific regulatory 
authority to access sterile areas, AOAs, secured areas, and SIDAs of an 
airport to conduct official duties.

Removal of 14 CFR parts 107 and 108

    The Aviation and Transportation Security Act (ATSA) (Pub. L. 107-
71, 115 Stat. 597, November 19, 2001) vested TSA with broad authorities 
and responsibilities over the security of all modes of transportation. 
These include authorities relating specifically to aviation security 
that were formerly vested in the FAA as well as general inter-modal 
authorities.\1\ FAA security rules, which clearly addressed FAA's 
authority to access airports to perform official security duties, were 
contained in 14 CFR parts 107 and 108. When responsibility for aviation 
security was transferred to TSA, the rules contained in parts 107 and 
108 were removed from 14 CFR (67 FR 8339; February 22, 2002) and placed 
in TSA's regulations at 49 CFR parts 1542 and 1544.
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    \1\ Generally, the Assistant Secretary for Homeland Security 
(Transportation Security Administrator) (hereinafter 
``Administrator''), ``shall be responsible for security in all modes 
of transportation, including--(1) Carrying out chapter 449, relating 
to civil aviation security, and related research and development 
activities; and (2) security responsibilities over other modes of 
transportation that are exercised by the Department of 
Transportation.'' 49 U.S.C. 114(d).
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    A few months before the enactment of the Aviation and 
Transportation Security Act, the FAA issued the Airport Security Final 
Rule (66 FR 37274; July 17, 2001), which included extensive revisions 
to parts 107 and 108. When parts 107 and 108 were revised the FAA had a 
continuum of inspection authority sections showing its authority to 
inspect for compliance with aircraft operator safety rules (see 14 CFR 
119.59), airport safety rules (see 14 CFR 139.105), and aircraft 
operator and airport operator security rules (see 14 CFR 107.7 and 
108.5). Reading all these FAA rules together, it was evident that FAA 
inspectors, both security and safety, had the necessary authority to 
conduct inspections at any place on airports necessary to perform their 
official duties, including those areas that otherwise are controlled 
for security purposes. However, since parts 107 and 108 were removed 
and these authorities transferred to TSA, there has been some 
misunderstanding about the continuing authority of FAA safety 
inspectors to access various areas of the airport that are controlled 
for security purposes. This proposed rule makes clear that FAA aviation 
safety inspectors continue to have authority to access such areas as 
needed to perform their duties.

14 CFR Part 139 Certification of Airports, Final Rule (69 FR 6380) 
(http://dmses.dot.gov/docimages/pdf89/268866_web.pdf)


    On February 10, 2004, the FAA revised the airport certification 
regulations and established certification requirements for airports 
serving scheduled air carrier operations in aircraft designed for more 
than 9 passenger seats. One change to Sec.  139.105, Inspection 
Authority, updated language referencing statutory authority and deleted 
terms that were no longer applicable. The revised language in new Sec.  
139.105 was not as clear regarding ASI airport access.

[[Page 53506]]

    The original Sec.  139.105 required airport operators to allow ASIs 
to make any inspection to determine compliance with the broad safety 
provisions contained in the Federal Aviation Act of 1958. This included 
inspections of airports, aircraft, aircraft operators, and operations 
personnel. Revised Sec.  139.105 deleted the reference to the Federal 
Aviation Act of 1958 and instead referenced the authority for ASIs to 
make inspections to determine compliance with the more current 49 
U.S.C. 44706 and part 139, Certification of Airports. This revision to 
the regulatory language unintentionally made the operational 
implementation of FAA's statutory authority to conduct inspections more 
challenging.
    ASI access to AOAs, secured areas, and SIDAs of airports extends 
beyond part 139 airports. Part 139 airports, which serve scheduled air 
carrier operations in aircraft designed for more than 9 passenger 
seats, represent only a portion of the airports in the United States. 
The intent of this proposed rule is to re-codify FAA statutory 
authority for ASI access to perform any necessary tests, inspections, 
surveillance, and investigations without limitations as to when and 
where those activities may be carried out, not just at part 139 
airports. Therefore, we are not proposing to change part 139, but 
instead we propose adding a new part 153, with a subpart A devoted to 
ASI access.

New Part 153

    This proposal would require airport operators to grant ASIs with 
proper credentials free and uninterrupted access to airports and 
facilities to conduct safety inspections. The FAA issues ASIs 
credentials (FAA Form 110A) for identification during the performance 
of official safety inspection duties. The FAA will continue the policy 
that its local inspectors should display access or identification media 
(such as the SIDA identification badge) issued or approved by the 
airport operator. However due to the transient nature of an FAA 
inspector, the 110A credential will continue as a stand-alone 
identification media. For example, during unannounced inspections, FAA 
personnel display their FAA credentials in the same manner they would 
display access or identification media issued by the airport to 
establish their authority to conduct such inspections. In addition, 
when entering the sterile area through the TSA screening checkpoint, 
FAA personnel will continue to comply with TSA's screening procedures.
    This proposal would also define several terms previously contained 
in part 107 and currently used by TSA.

Conclusion

    This proposal clearly defines FAA's statutory authority to access 
secure areas by ASIs with proper credentials. Such access is necessary 
so ASIs can perform official duties in support of the FAA's safety 
mission. This proposal does not substantively change any requirements 
in 14 CFR. Also, reestablishing these requirements in new part 153 
would not impose any additional requirements on operators affected by 
these rules.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. We have determined that this 
rulemaking would impose no new information collection requirements.

International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to comply with 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
determined that there are no ICAO Standards and Recommended Practices 
that correspond to these proposed regulations.

Executive Order 12866 and DOT Regulatory Policies and Procedures

    Executive Order 12866, ``Regulatory Planning and Review,'' dated 
September 30, 1993 (58 FR 51736) directs the FAA to assess both the 
costs and the benefits of a regulatory change. We are not allowed to 
propose or adopt a regulation unless we make a reasoned determination 
that the benefits of the intended regulation justify the costs. Our 
assessment of this rulemaking indicates that its economic impact is 
minimal because it does not impose any costs on airport operators. 
Because the costs and benefits of this action do not make it a 
``significant regulatory action'' as defined in the Order, we have not 
prepared a ``regulatory evaluation,'' which is the written cost/benefit 
analysis ordinarily required for all rulemaking under the DOT 
Regulatory Policies and Procedures. We do not need to do a full 
evaluation where the economic impact of a rule is minimal.

Economic Evaluation, Regulatory Flexibility Act, Trade Impact 
Assessment, and Unfunded Mandates Assessment

    Proposed changes to Federal regulations must undergo several 
economic analyses. First, Executive Order 12866 directs each Federal 
agency to propose or adopt a regulation only after a reasoned 
determination that the benefits of the intended regulation justify its 
costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) 
requires agencies to analyze the economic impact of regulatory changes 
on small entities. Third, the Trade Agreements Act (Pub. L. 96-39) 
prohibits agencies from setting standards that create unnecessary 
obstacles to the foreign commerce of the United States. In developing 
U.S. standards, this Trade Act also requires agencies to consider 
international standards and, where appropriate, use them as the basis 
of U.S. standards. And fourth, the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-04) requires agencies to prepare a written assessment of 
the costs, benefits and other effects of proposed or final rules that 
include a Federal mandate likely to result in the expenditure by State, 
local or tribal governments, in the aggregate, or by the private 
sector, of $100 million or more annually (adjusted for inflation.)
    The Department of Transportation Order DOT 2100.5 prescribes 
policies and procedures for simplification, analysis, and review of 
regulations. If it is determined that the expected cost impact is so 
minimal that a rule does not warrant a full evaluation, this order 
permits that a statement to that effect and the basis for it be 
included in the preamble; a full regulatory evaluation need not, then, 
be prepared. Such a determination has been made for this rule. The 
reasoning for that determination follows.
    When parts 107 and 108 were revised the FAA had a continuum of 
inspection authority sections showing its authority to inspect for 
compliance with aircraft operator safety rules (see 14 CFR 119.59), 
airport safety rules (see 14 CFR 139.105), and aircraft operator and 
airport operator security rules (see 14 CFR 107.7 and 108.5). Reading 
all these FAA rules together, it was evident that FAA inspectors, both 
security and safety, had the authority to conduct inspections at any 
place on airports necessary to perform their official duties, including 
those areas that otherwise are controlled for security purposes. 
However, since parts 107 and 108 were removed and these authorities 
transferred to TSA, there has been some misunderstanding about the 
continuing authority of FAA safety inspectors to access various areas 
of the airport that are controlled for security purposes. This proposed 
rule makes clear that FAA aviation safety inspectors continue

[[Page 53507]]

to have authority to access such areas as needed to perform their 
duties.
    This proposed rule would put the specific regulatory authority into 
a new part 153 and clearly defines the authority of properly 
credentialed ASIs to access AOAs, secured areas, and SIDAs of an 
airport so they can perform official duties in support of the FAA's 
safety mission. Adding this language has a positive safety impact, 
because properly credentialed ASIs will be able to perform necessary 
inspections that support the FAA's safety mission. The intended effect 
of this proposed rule is to make sure ASIs have access to AOAs, secured 
areas, and SIDAs of an airport so they can perform official duties in 
support of the FAA's safety mission. Its economic impact on airport 
operators is minimal.

Regulatory Flexibility Act Determination

    The Regulatory Flexibility Act of 1980 (RFA) directs the FAA to fit 
regulatory requirements to the scale of the business, organizations, 
and governmental jurisdictions subject to the regulation. We are 
required to determine whether a proposed or final action will have a 
``significant economic impact on a substantial number of small 
entities'' as they are defined in the Act. If we find that the action 
will have a significant impact, we must do a ``regulatory flexibility 
analysis.'' However, if an agency determines that a proposed or final 
rule is not expected to have a significant economic impact on a 
substantial number of small entities, section 605(b) of the RFA 
provides that the head of the agency may so certify and a regulatory 
flexibility analysis is not required. The certification must include a 
statement providing the factual basis for this determination, and the 
reasoning should be clear.
    The proposed rule clearly defines the authority of properly 
credentialed ASIs to access AOAs, secured areas, and SIDAs of an 
airport so they can perform official duties in support of the FAA's 
safety mission. Its economic impact for airport operators is minimal. 
Therefore, the FAA certifies that this action would not have a 
significant economic impact on a substantial number of small entities. 
The FAA solicits comments about this determination.

Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39) prohibits Federal 
agencies from engaging in any standards or related activities that 
create unnecessary obstacles to the foreign commerce of the United 
States. Legitimate domestic objectives, such as safety, are not 
considered unnecessary obstacles. The statute also requires 
consideration of international standards and where appropriate, that 
they be the basis for U.S. standards. The FAA has assessed the 
potential effect of this proposed rule and has determined that it would 
have only a domestic impact, and, therefore, no effect on international 
trade.

Unfunded Mandates Assessment

    The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-04) requires 
each Federal agency to prepare a written statement assessing the 
effects of any Federal mandate in a proposed or final agency rule that 
may result in a $100 million or more expenditure (adjusted annually for 
inflation). The FAA currently uses an inflation-adjusted value of 
$128.1 million in lieu of $100 million.
    This NPRM does not contain such a mandate. Therefore, the 
requirements of Title II of the Unfunded Mandates Reform Act of 1995 do 
not apply to this regulation.

Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and 
criteria of Executive Order 13132, Federalism. We determined that this 
action would not have a substantial direct effect on the States, or the 
relationship between the national Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. Therefore, we determined that this proposed rule would not 
have federalism implications.

Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act in the absence of extraordinary circumstances. The FAA has 
determined this proposed rule qualifies for the categorical exclusion 
identified in paragraph 312f and involves no extraordinary 
circumstances.

Regulations That Significantly Affect Energy Supply, Distribution, or 
Use

    The FAA has analyzed this proposed rule under Executive Order 
13211, Actions Concerning Regulations that Significantly Affect Energy 
Supply, Distribution, or Use (66 FR 28355, May 18, 2001). We have 
determined that it is not a ``significant energy action'' under the 
executive order because it is not a ``significant regulatory action'' 
under Executive Order 12866, and it is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy.

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires FAA to comply with small entity requests for information 
or advice about compliance with statutes and regulations within its 
jurisdiction. Therefore, any small entity that has a question regarding 
this document may contact their local FAA official, or the person 
listed under FOR FURTHER INFORMATION CONTACT. You can find out more 
about SBRFA on the Internet at our site, http://www.faa.gov/regulations_policies/rulemaking/sbre_act/
.


Additional Information

Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. We also 
invite comments relating to the economic, environmental, energy, or 
federalism impacts that might result from adopting the proposals in 
this document. The most helpful comments reference a specific portion 
of the proposal, explain the reason for any recommended change, and 
include supporting data. We ask that you send us two copies of written 
comments.
    We will file in the docket all comments we receive, as well as a 
report summarizing each substantive public contact with FAA personnel 
concerning this proposed rulemaking. The docket is available for public 
viewing before and after the comment closing date, by any of the means 
discussed in the ADDRESSES section below.
    Before acting on this proposal, we will consider all comments we 
receive on or before the closing date for comments. We will consider 
comments filed late if it is possible to do so without incurring 
expense or delay. We may change this proposal in light of the comments 
we receive.
    If you want the FAA to acknowledge receipt of your comments on this 
proposal, include with your comments a pre-addressed, stamped postcard 
on which the docket number appears. We will stamp the date on the 
postcard and mail it to you.

Privacy Act Statement

    You should be aware that anyone can find and read the comments 
received into any of our dockets, including the

[[Page 53508]]

name of the individual sending the comment (or signing the comment on 
behalf of an association, business, labor union, etc.) via the Internet 
using the Docket Number. You may review DOT's complete Privacy Act 
Statement in the Federal Register published on April 11, 2000 (65 FR 
19477-78) or you may visit http://dms.dot.gov.


Proprietary or Confidential Business Information

    Do not file in the docket information that you consider to be 
proprietary or confidential business information. Send or deliver this 
information directly to the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this document. You must mark the 
information that you consider proprietary or confidential. If you send 
the information on a disk or CD-ROM, mark the outside of the disk or 
CD-ROM and identify electronically within the disk or CD-ROM the 
specific information that is proprietary or confidential.
    Under 14 CFR 11.35(b), when we are aware of proprietary information 
filed with a comment, we do not place it in the docket. We hold it in a 
separate file to which the public does not have access, and place a 
note in the docket that we have received it. If we receive a request to 
examine or copy this information, we treat it as any other request 
under the Freedom of Information Act (5 U.S.C. 552). We process such a 
request under the DOT procedures found in 49 CFR part 7.

Sensitive Security Information

    Do not submit comments that include sensitive security information 
(SSI) to the public regulatory docket. Please submit such comments 
separately from other comments on the rulemaking. Comments containing 
this type of information should be appropriately marked as containing 
such information and submitted by mail to the address listed in FOR 
FURTHER INFORMATION CONTACT section.
    Upon receipt of such comments, we will not place the comments in 
the public docket and will handle them in accordance with applicable 
safeguards and restrictions on access. FAA will hold them in a separate 
file to which the public does not have access and place a note in the 
public docket that FAA has received such materials from the commenter. 
If we receive a request to examine or copy this information, we will 
treat it as any other request under the Freedom of Information Act 
(FOIA) (5 U.S.C. 552).

Availability of Rulemaking Documents

    You can get an electronic copy using the Internet by:
    (1) Searching the Department of Transportation's electronic Docket 
Management System (DMS) Web page (http://dms.dot.gov/search);    (2) Visiting the FAA's Regulations and Policy Web page at http://

http://www.faa.gov/regulations_policies/; or

    (3) Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html
.

    You can also get a copy by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue, SW., Washington, DC 20591, or by calling (202) 267-9680. Make 
sure to identify the docket number, notice number, or amendment number 
of this rulemaking.

List of Subjects in 14 CFR Part 153

    Airports, Aviation safety.

The Proposed Rule

    In consideration of the foregoing the Federal Aviation 
Administration proposes to amend Chapter I of Title 14 Code of Federal 
Regulations by adding part 153 to read as follows:

PART 153--AIRPORT OPERATIONS

Subpart A--Aviation Safety Inspector Access
Sec.
153.1 Applicability.
153.3 Definitions.
153.5 Aviation safety inspector airport access.

Subpart B--[Reserved]

    Authority: 49 U.S.C. 106(g), 40113, and 44701.

Subpart A--Aviation Safety Inspector Access


Sec.  153.1  Applicability.

    This subpart prescribes requirements governing Aviation Safety 
Inspector access to airports to perform official duties.


Sec.  153.3  Definitions.

    The following definitions apply in this subpart:
    Air Operations Area (AOA) means a portion of an airport, specified 
in the airport security program, in which security measures specified 
in Title 49 of the Code of Federal Regulations are carried out. This 
area includes aircraft movement areas, aircraft parking areas, loading 
ramps, and safety areas, for use by aircraft regulated under 49 CFR 
parts 1542, 1544, and 1546, and any adjacent areas (such as general 
aviation areas) that are not separated by adequate security systems, 
measures, or procedures. This area does not include the secured area.
    Airport means any public use airport, including heliports, as 
defined in 49 U.S.C. 47501, including:
    (1) Any airport which is used or to be used for public purposes, 
under the control of a public agency, the landing area of which is 
publicly owned;
    (2) Any privately owned reliever airport; and
    (3) Any privately owned airport which is determined by the 
Secretary of Transportation to enplane annually 2,500 or more 
passengers and receive scheduled passenger service of aircraft, which 
is used or to be used for public purposes.
    Airport Operator means the operator of an airport as defined in 49 
U.S.C. 47501.
    Aviation Safety Inspector means a properly credentialed individual 
who bears FAA Form 110A and is authorized under the provisions of 49 
U.S.C. 40113 to perform inspections and investigations.
    FAA Form 110A means the credentials issued to qualified Aviation 
Safety Inspectors by the FAA for use in the performance of official 
duties.
    Secured area means a portion of an airport, specified in the 
airport security program, in which certain security measures specified 
in Chapter 1 of Title 49 of the Code of Federal Regulations are carried 
out. This area is where aircraft operators and foreign air carriers 
that have a security program under 49 CFR part 1544 or part 1546 
enplane and deplane passengers and sort and load baggage and any 
adjacent areas that are not separated by adequate security systems, 
measures, or procedures.
    Security Identification Display Area (SIDA) means a portion of an 
airport, specified in the airport security program, in which security 
measures specified in Chapter 1 of Title 49 of the Code of Federal 
Regulations are carried out. This area includes the secured area and 
may include other areas of the airport.


Sec.  153.5  Aviation safety inspector airport access.

    Airport operators, aircraft operators, aircraft owners, airport 
tenants, and air agencies must grant Aviation Safety Inspectors bearing 
FAA Form 110A free and uninterrupted access to airports and facilities, 
including AOAs, secured areas, SIDAs, and other restricted areas. 
Aviation Safety Inspectors displaying FAA Form 110A do not require 
access media or identification media issued or

[[Page 53509]]

approved by an airport operator or aircraft operator in order to 
inspect or test compliance, or perform other such duties as the FAA may 
direct.

Subpart B--[Reserved]

    Issued in Washington, DC, on September 12, 2007.
James J. Ballough,
Director, Flight Standards Service.
 [FR Doc. E7-18349 Filed 9-18-07; 8:45 am]

BILLING CODE 4910-13-P
