[Federal Register Volume 63, Number 70 (Monday, April 13, 1998)]
[Rules and Regulations]
[Pages 18076-18077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9643]
[[Page 18075]]
_______________________________________________________________________
Part II
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Parts 107 and 108
Unescorted Access Privilege: Address Change; Final Rule
Federal Register / Vol. 63, No. 70 / Monday, April 13, 1998 / Rules
and Regulations
[[Page 18076]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 107 and 108
[Docket No. 29193; Amendment No. 107-11; 108-16]
Unescorted Access Privileges: Address Change
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In October 1995, the FAA published a final rule requiring
employment history checks for individuals authorized access to a
security identification display area (SIDA) of a U.S. airport. This
final rule changes the Federal Aviation Administration address to which
fingerprint cards required for certain employment checks must be
forwarded. This final rule announces an administrative decision
internal to the FAA and does not affect the substance of the October
1995 final rule.
EFFECTIVE DATE: May 13, 1998.
FOR FURTHER INFORMATION CONTACT: Linda Valencia, Office of Civil
Aviation Security Policy and Planning, Policy and Standards Division,
Federal Aviation Administration, 800 Independence Avenue, SW.,
Washington, DC 20591, telephone (202) 267-3413.
SUPPLEMENTARY INFORMATION
Availability of Final Rules
An electronic copy of this document may be downloaded using a modem
and suitable communications software from the FAA regulations section
of the Fedworld electronic bulletin board service (telephone: 703-321-
3339), the Federal Register's electronic bulletin board service
(telephone: 202-512-1661), or the FAA's Aviation Rulemaking Advisory
Committee Bulletin Board service (telephone: 800-FAA-ARAC).
Internet users may reach the FAA's web page at http://www.faa.gov
or the Federal Register's webpage at http://www.access.gpo.gov/su__docs
for access to recently published rulemaking documents.
Any person may obtain a copy of this final rule by submitting 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. Communications must identify the amendment
number or docket number of this final rule.
Persons interested in being placed on the mailing list for future
Notices of Proposed Rulemaking and Final Rules should request from the
above office a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, that describes the application
procedure.
Background
Amendments 107-7 and 108-12 required airport operators and air
carriers to conduct employment investigations and disqualify
individuals convicted of certain enumerated crimes from having, or
being able to authorize others to have, unescorted access privileges to
a security identification display area (SIDA) of a U.S. airport. (60 FR
51854; October 3, 1995.) This rulemaking was promulgated to enhance the
effectiveness of the U.S. civil aviation security system by ensuring
that individuals applying for unescorted access privileges do not
constitute an unreasonable risk to the security of the aviation system.
One of the requirements of the final rule is that airport
operators, under part 107, and air carriers, under part 108, submit the
fingerprint cards required for certain employment investigation checks
to the FAA at its 800 Independence Ave., NW., Washington, DC address.
However, for administrative reasons, the Office of Civil Aviation
Security has determined that the cards could be more efficiently
processed at the FAA field office in St. Louis, Missouri. Therefore,
the FAA is amending the rules to indicate this change of address. The
newly designated office to receive the fingerprint cards is: Federal
Aviation Administration, Room 4597E, 9700 Page Avenue, St. Louis, MO
63132.
Readers will observe that this address does not appear in the
amended regulatory language. The reason for not putting a specific
address in the rule language is that, for every change to this address,
the FAA must amend the regulations, a process that expends resources
unnecessarily. However, the FAA also realizes that, in the future, if a
change in address occurs, airport operators and air carriers must, as a
practical matter, have such information quickly. Therefore, the FAA had
determined that it will disclose any changes via the respective
security programs to ensure that airport operators and air carriers are
notified of any change of address in an expeditious manner.
This change of address is effective in 30 days. The FAA believes
that this constitutes sufficient notice for affected persons to effect
the change.
Regulatory Process Matters
Because this is an administrative change with no substantive effect
on any regulation and because the change of address constitutes no
costs to regulated parties, the FAA has determined that prior notice
and comment is unnecessary. The FAA also certifies that this
administrative change will not impose a significant impact on small
entities. In addition, it has also been determined that this final rule
change is not a ``significant regulatory action'' under Executive Order
12866 nor is it a significant action under DOT regulatory policies and
procedures (44 FR 11034, February 26, 1979).
Paperwork Reduction Act
Information collection requirements found in Sec. 107.31 and 108.33
have been approved by the Office of Management and Budget (OMB) under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), and have been assigned OMB Control Number 2120-0564. There
are no new requirements for information collection associated with this
amendment.
List of Subjects in 14 CFR Parts 107 and 108
Air carriers, Air transportation, Airlines, Airplanes operator
security, Aviation safety, Security matters, Transportation, Weapons.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends parts 107 and 108 of Title 14, Code of Federal
Regulations as follows:
PART 107--AIRPORT SECURITY
1. The authority citation for part 107 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 5103, 40113, 40119, 44701, 44702,
44706, 44901-44905, 44907, 44913-44914, 44932, 44935-44936, 46105.
2. Amend Sec. 107.31 to revise paragraph (i)(4) to read as follows:
Sec. 107.31 Access investigation.
* * * * *
(i) * * *
(4) The fingerprint card must be forwarded to the Federal Aviation
Administration at the location specified by the Administrator.
* * * * *
[[Page 18077]]
PART 108--AIRPLANE OPERATOR SECURITY
3. The authority citation for part 108 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40101, 40102, 40113, 40119, 44701-
44713, 44901-44915, 44931-44937, 46105.
4. Amend Sec. 108.33 to revise paragraph (e)(4) to read as follows:
Sec. 108.33 Access investigation.
* * * * *
(e) * * *
(4) The fingerprint card must be forwarded to the Federal Aviation
Administration at the location specified by the Administrator.
* * * * *
Issued in Washington, DC on April 7, 1998.
Jane F. Garvey,
Administrator.
[FR Doc. 98-9643 Filed 4-10-98; 8:45 am]
BILLING CODE 4910-13-M