47824 Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Rules and Regulations 

periodical inspections, for the performance of 

which it is required to use the hydraulic 

power unit. This condition, if not corrected, 

could result in a fire hazard.’’ The actions 

specified in this AD are intended to prevent 

this unsafe condition. 

Actions and Compliance 

(e) Within the next 10 hours time-inservice (TIS) or 3 months, whichever occurs 

first, modify hydraulic systems 1 and 2 

between the hydraulic blocks and the 

hydraulic ground unit panel by 

disconnecting the pipes, part number (P/N) 

37.59.233.00.00 and P/N 37.59.234.00.00, 

from the hydraulic blocks, plugging the 

blocks and disconnected pipes, and securing 

the pipes, as specified in section II, page 3, 

of PZL-S ́ widnik S. A. (PZL) Mandatory 

Bulletin No. BO–37–07–192, dated January 

12, 2007. 

(f) When the use of the hydraulic ground 

unit panel is necessary for maintenance, for 

the duration of the maintenance activity, you 

may temporarily remove the security tape 

and clips, unplug the pipes and blocks, and 

reconnect the pipes that were disconnected 

in accordance with paragraph (e) of this AD. 

(g) At your discretion, modify both 

hydraulic systems by replacing pipes, P/N 

37.59.233.00.00 and P/N 37.59.234.00.00, 

with pipes, P/N 37.59.333.00.00 and P/N 

37.59.334.00.00, respectively, and install a 

check valve, P/N 37.59.336.00.00, in each 

hydraulic system in accordance with Section 

II, page 2, of PZL Technical Bulletin No. BT–

37–07–196, dated April 24, 2007 (PZL TB). 

Note: The PZL TB inconsistently refers to 

various P/Ns as either ‘‘pipes’’ or ‘‘hoses.’’

For consistency in the terminology in this 

AD, we refer to all these P/Ned ‘‘hoses’’ as 

‘‘pipes.’’

(h) Modifying both hydraulic systems by 

replacing the pipes and installing check 

valves as specified in paragraph (g) of this 

AD constitute terminating action for the 

requirements of this AD. 

Differences Between This AD and the MCAI 

(i) This AD differs from the MCAI in that 

it: 

(1) Only applies to Model W–3A 

helicopters because the Model W–3AS 

helicopters do not have a U.S. type 

certificate; and 

(2) Does not allow compliance to be 

completed in accordance with ‘‘later 

approved revisions’’ of the service 

information. 

Other Information 

(j) Alternative Methods of Compliance 

(AMOCs): The Manager, Safety Management 

Group, FAA, ATTN: Uday Garadi, Aerospace 

Engineer, Regulations and Policy Group, 

FAA, Rotorcraft Directorate, Fort Worth, 

Texas 76193–0110, telephone (817) 222–

5123, fax (817) 222–5961, has the authority 

to approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Related Information 

(k) MCAI European Aviation Safety Agency 

(EASA) Airworthiness Directive No. 2007–

0072R1, dated July 6, 2007 contains related 

information. 

Air Transport Association of America (ATA) 

Tracking Code 

(l) ATA Code: 2910, Hydraulic System, 

Main. 

(m) You must use the specified portions of 

PZL-S ́ widnik S. A. Mandatory Bulletin No. 

BO–37–07–192, dated January 12, 2007, and 

PZL-S ́ widnik S. A. Technical Bulletin No. 

BT–37–07–196, dated April 24, 2007 to do 

the actions required. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact WSK ‘‘PZL-S ́ widnik’’ S.A., 

Al. Lotniko ́w Polskich 1, 21–045 S ́ widnik, 

Poland, telephone (+48 81) 468 09 01, 751 20 

71, or fax (+48 81) 468 09 19, 751 21 73, email: hem@pzl.swidnik.pl. 

(3) You may review copies at the FAA, 

Office of the Regional Counsel, Southwest 

Region, 2601 Meacham Blvd., Room 663, Fort 

Worth, Texas; or at the National Archives 

and Records Administration (NARA). For 

information on the availability of this 

material at NARA, call (202) 741–6030, or go 

to: http://www.archives.gov/federal-register/ 

cfr/ibr-locations.html. 

Issued in Fort Worth, Texas, on August 7, 

2008. 

Mark R. Schilling, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–18805 Filed 8–14–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 153 

[Docket No.: FAA–2007–29237; Amendment 

No. 153–1] 

RIN 2120–AJ07 

Aviation Safety Inspector Airport 

Access 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: Two rulemakings finalized 

several years ago removed regulatory 

language regarding the statutory 

authority of Aviation Safety Inspectors 

to access airport operations areas 

(AOAs), security identification display 

areas (SIDAs), and other secured and 

restricted airport areas. This final rule 

clarifies the authority of a properly 

credentialed Aviation Safety Inspector 

(ASI) to access AOAs, SIDAs, and other 

secured areas of a public-use airport 

allowing performance of their official 

duties supporting the FAA’s safety 

mission. 

DATES: This amendment becomes 

effective September 15, 2008. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this final 

rule 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; facsimile 

(202) 267–5229, e-mail 

patrick.hempen@faa.gov. For legal 

questions concerning this final rule 

contact Bruce Glendening, Federal 

Aviation Administration, Office of the 

Chief Counsel, Regulations Division 

(AGC–220), 800 Independence Avenue, 

SW., Washington, DC 20591; Telephone 

(202) 267–8011; facsimile (202) 267–

7971, e-mail bruce.glendening@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

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. 

Background 

The FAA is re-codifying in Title 14 of 

the Code of Federal Regulations, that 

public-use airports are required to give 

Federal Aviation Administration (FAA) 

aviation safety inspectors (ASIs) access 

to air operations areas (AOAs), security 

identification display areas (SIDAs) and 

other secured areas. Since the transfer of 

most aviation and transportation 

security functions to Transportation 

Security Administration (TSA), ASIs 

have encountered difficulty accessing 

airport restricted areas to perform their 

safety oversight duties. FAA ASIs must 

have access to public-use airport 

secured areas to do their job. 

Summary of the Notice of Proposed 

Rulemaking (NPRM) 

On September 19, 2007, the FAA 

published a notice of proposed 

rulemaking (NPRM) (72 FR 53504) 

restoring, clarifying, and reiterating 

authority of properly credentialed ASIs 

to access AOAs, SIDAs, and other 

secured areas of an airport. FAA 

security rules were formerly contained 

in 14 CFR parts 107 and 108. These 

security rules were transferred to 

Transportation Security Administration 

(TSA) by the Aviation and 

Transportation Security Act (ATSA) 

(Pub. L. 107–71, 115 Stat. 597, 

November 19, 2001) and promulgated 


sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Rules and Regulations 47825 

TSA regulations found in 49 CFR parts 

1542 and 1544. 

The 30-day comment period ended on 

October 19, 2007. 

Discussion of the Final Rule 

This final rule creates a new part 153 

governing ASI access to public-use 

airports and facilities to perform official 

duties. The rule defines airport, and an 

airport’s secured areas including the air 

operations area (AOA), security 

identification display area (SIDA), and 

‘‘secured area.’’ It also defines an 

aviation safety inspector (ASI) and FAA 

Form 110, (FAA-issued credential 

authorizing ASIs to perform inspections 

and investigations). Lastly, the rule 

details what access airports, aircraft 

operators, aircraft owners, airport 

tenants, and agencies must grant ASIs 

bearing FAA Form 110A (and optionally 

airport-issued identification media) to 

perform inspections, test compliance, or 

perform other duties as the FAA may 

direct. 

The FAA received 10 comments. 

Seven comments were from individuals, 

two from airports, and one from a labor 

organization. Commenters generally 

supported the final rule, but suggested 

changes discussed below. 

Six individual commenters supported 

the rule. One commenter thought that 

‘‘creating 14 CFR 153 is a very positive 

thing for national security and aviation 

safety, and as a tool, it will streamline 

the aviation inspection process.’’

Another commenter offered that ‘‘the 

main premise of the proposal is simply 

a reinforcement of the existing powers 

for inspection provided for Airport [sic] 

ASIs, as agents of the FAA and also 

creates legal basis for enforcement or 

basis for litigation.’’ A third commenter 

supported the proposed rule and stated 

that ‘‘Inspectors must be permitted to 

enter air operations and other secured 

and controlled areas in order to perform 

effective safety inspections.’’

The Air Line Pilots Association 

(ALPA) strongly supported the proposed 

rulemaking stating in part ‘‘We find the 

statement and analysis of the problem 

addressed by this proposal to be sound, 

and the cost, methods of 

implementation of changes, and 

projected timeframe for completion of 

changes to be reasonable.’’

Two airport operators submitted 

comments on the proposed rule. The 

commenter from Lambert-St. Louis 

International Airport suggested the FAA 

‘‘should make clear that any inspector 

that needs access to the SIDA must have 

identification approved by the airport 

operator or escorted by a person with 

escort privileges.’’ The second airport 

commenter from the Houston Airport 

System ‘‘agrees with the proposed rule 

concerning access’’ but stated that ASIs 

should comply with FAA and airport 

requirements for movement within AOA 

and that § 153.3 of the proposed rule 

should be expanded to require 

compliance with the Airport 

Certification Manual, 14 CFR 139.303 

and 329, and Advisory Circular 150/ 

5210 5b. The Houston Airport System 

commenter further stated that at non139 airports, ASIs should comply with 

requirements established by the airport 

manager. 

The comments from Lambert-St. Louis 

International Airport and the Houston 

Airport System raise important issues 

concerning an ASI’s unrestricted airport 

access to perform their Federally 

mandated duties, an airport’s safety and 

security program, and Transportation 

Security Administration (TSA) security 

procedures. 

The FAA has established codes of 

conduct for ASIs. ASIs must perform 

their duty consistent with FAA rules 

and regulations and airport safety rules 

when in the AOA and secured areas. In 

order to familiarize an ASI to airport 

rules and procedures, the airport 

operator may elect to issue SIDA badges 

(with additional training that may 

include airport layout review and safety 

and security procedures). Consideration 

of airport rules are expected when, for 

example, an ASI makes an 

unannounced inspection, he/she will 

display their FAA Form 110A and 

airport credentials (if issued) 

establishing their inspection authority. 

We will make all reasonable efforts for 

local ASIs to have local airport 

credentials and such identification 

media should be displayed with the 

FAA Form 110A. The FAA-issued Form 

110A will continue to serve as a 

standalone identification (allowing FAA 

staffing flexibility to assign ASIs where 

needed). The Form 110A will also 

continue to be the primary credential 

allowing ASIs unrestricted access to 

those areas of an airport necessary to 

perform their official duties supporting 

our safety mission. 

Additionally, when entering a sterile 

area through a screening checkpoint, 

FAA personnel will continue to comply 

with TSA screening procedures. 

While the FAA agrees that AOA safety 

is of paramount importance, we do not 

agree that additional rule language is 

necessary to ensure ASIs carry out safe 

practices. ASI safety practices are 

reinforced by additional training and 

adherence to best practices. Safety 

practices are also contained in several 

FAA orders including Orders 8000–38G 

and 8900.1. (FAA orders, advisory 

circulars, and other regulatory guidance 

can be accessed online at http:// 

rgl.faa.gov.) The airport operator also 

has the option of conducting additional 

training on their specific safety 

procedures. 

The FAA believes the new rule, with 

our stringent ASI requirements, and 

continued coordination and cooperation 

with individual airport operators and 

the local TSA will allow ASIs to 

perform their official duties without 

compromising airport safety or security. 

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 there is no current 

or new requirement for information 

collection associated with this 

amendment. None of the 10 received 

comments addressed Paperwork 

Reduction Act requirements or raised 

concerns about additional paperwork 

requirements if the final rule is 

implemented. 

An agency may not collect or sponsor 

the collection of information, nor may it 

impose an information collection 

requirement unless it displays a 

currently valid Office of Management 

and Budget (OMB) control number. 

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 regulations. 

Regulatory Evaluation, Regulatory 

Flexibility Determination, International 

Trade Impact Assessment, and 

Unfunded Mandates Assessment 

Changes to Federal regulations must 

undergo several economic analyses. 

First, Executive Order 12866 directs that 

each Federal agency shall propose or 

adopt a regulation only upon 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 requires agencies to consider 


sroberts on PROD1PC70 with PROPOSALS
47826 Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Rules and Regulations 

international standards and, where 

appropriate, that they be the basis of 

U.S. standards. Fourth, the Unfunded 

Mandates Reform Act of 1995 (Pub. L. 

104–4) 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 with base year of 1995). 

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 the rule is minimal. 

Department of Transportation Order 

DOT 2100.5 prescribes policies and 

procedures for simplification, analysis, 

and review of regulations. If the 

expected cost impact is so minimal that 

a proposed or final 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 if a full regulatory evaluation 

of the cost and benefits is not prepared. 

Such a determination has been made for 

this final rule. The reasoning for this 

determination follows: 

After 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 rule makes clear 

that FAA aviation safety inspectors 

continue to have authority to access 

such areas as needed to perform their 

duties. 

This final rule will 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 a 

public-use 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 for airport operators is 

minimal. 

Regulatory Flexibility Determination 

The Regulatory Flexibility Act of 1980 

(Pub. L. 96–354) (RFA) establishes ‘‘as a 

principle of regulatory issuance that 

agencies shall endeavor, consistent with 

the objectives of the rule and of 

applicable statutes, to fit regulatory and 

informational requirements to the scale 

of the businesses, organizations, and 

governmental jurisdictions subject to 

regulation. To achieve this principle, 

agencies are required to solicit and 

consider flexible regulatory proposals 

and to explain the rationale for their 

actions to assure that such proposals are 

given serious consideration.’’ The RFA 

covers a wide-range of small entities, 

including small businesses, not-forprofit organizations, and small 

governmental jurisdictions. 

Agencies must perform a review to 

determine whether a rule will have a 

significant economic impact on a 

substantial number of small entities. If 

the agency determines that it will, the 

agency must prepare a regulatory 

flexibility analysis as described in the 

RFA. 

However, if an agency determines that 

a 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 rule clearly defines the authority 

of properly credentialed ASIs to access 

AOAs, secured areas, and SIDAs of an 

airport to perform official duties in 

support of the FAA’s safety mission. 

Because this final rule only reiterates 

and clarifies ASI authority to access an 

airport’s secured areas, there will only 

be minimal costs since some airports 

will choose to issue SIDA badges as an 

airport specific credential. When 

airports issue SIDA badges for ASIs, 

these will be carried in addition to the 

FAA-issued Form 110A. 

Therefore, as the Acting FAA 

Administrator, I certify that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities. 

International Trade Impact Assessment 

The Trade Agreements Act of 1979 

(Pub. L. 96–39) prohibits Federal 

agencies from establishing any 

standards or engaging in 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 final rule and 

has determined that it will respond to 

a domestic safety objective and is not 

considered an unnecessary obstacle to 

trade. 

Unfunded Mandates Assessment 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4) 

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 an 

expenditure of $100 million or more 

(adjusted annually for inflation with the 

base year 1995) in any one year by State, 

local, and tribal governments, in the 

aggregate, or by the private sector; such 

a mandate is deemed to be a ‘‘significant 

regulatory action.’’ The FAA currently 

uses an inflation-adjusted value of 

$136.1 million in lieu of $100 million. 

This final rule 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 final rule 

under the principles and criteria of 

Executive Order 13132, Federalism. We 

determined that this action will 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, and, therefore, 

does 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. 


sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Rules and Regulations 47827 

The FAA has determined this 

rulemaking action 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 final rule 

under Executive Order 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use (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. 

Availability of Rulemaking Documents 

You can get an electronic copy of 

rulemaking documents using the 

Internet by: 

1. Searching the Federal eRulemaking 

Portal (http://www.regulations.gov); 

2. Visiting the FAA’s Regulations and 

Policies Web page at http:// 

www.faa.gov/regulations_policies/; or 

3. Accessing the Government Printing 

Office’s Web page at http:// 

www.gpoaccess.gov/. 

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 amendment number or 

docket number of this rulemaking. 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78) or you 

may visit http://DocketsInfo.dot.gov. 

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. If 

you are a small entity and you have a 

question regarding this document, you 

may contact your local FAA official, or 

the person listed under the FOR FURTHER

INFORMATION CONTACT heading at the 

beginning of the preamble. You can find 

out more about SBREFA on the Internet 

at http://www.faa.gov/ 

regulations_policies/rulemaking/ 

sbre_act . 

List of Subjects in 14 CFR Part 153 

Airports, Aviation safety. 

The Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 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 

§ 153.1 Applicability. 

This subpart prescribes requirements 

governing Aviation Safety Inspector 

access to public-use airports and 

facilities to perform official duties. 

§ 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. 47102, including: 

(1) A public airport; or 

(2) A privately-owned airport used or 

intended to be used for public purposes 

that is—

(i) A reliever airport; or 

(ii) Determined by the Secretary to 

have at least 2,500 passenger boardings 

each year and to receive scheduled 

passenger aircraft service. 

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 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 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. 

§ 153.5 Aviation safety inspector airport 

access. 

Airports, aircraft operators, aircraft 

owners, airport tenants, and air agencies 

must grant Aviation Safety Inspectors 

bearing FAA Form 110A free and 

uninterrupted access to public-use 

airports and facilities, including AOAs, 

SIDAs, and other secured and restricted 

areas. Aviation Safety Inspectors 

displaying FAA Form 110A do not 

require access media or identification 

media issued or 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 August 4, 

2008. 

Robert A. Sturgell, 

Acting Administrator. 

[FR Doc. E8–18804 Filed 8–14–08; 8:45 am] 

BILLING CODE 4910–13–P 


sroberts on PROD1PC70 with PROPOSALS