The New 107/108

The New 107/108

The new regs codify, organize FAA security initiatives, says ACI-NA

By Bonnie Wilson, Vice President, Airports Council Int’l - North America

September 2001

The Federal Aviation Administration this summer released the new rules regulating safety in aviation. Here, the Airports Council International - North America, which represents the interests of airports and which has been actively involved in the rulemaking process, offers its insights into what the new regulations mean for U.S. airports and their tenants.

Federal Aviation Regulations (FAR) Parts 107 and 108 are finally here. A long time coming, if not long awaited, these comprehensive re-writes of the baseline security regulations for airports and aircraft operators present a few changes to the way we do business, but mostly they clarify and standardize current operations.
Since the rewrite process began over ten years ago, FAA has relied on policy memos, emergency amendments to security plans, security directives etc., to institute new rules, policies, and procedures. The main impact of these new rules is a codification and reorganization of those efforts.
For instance, while Part 107 does not mandate airports to develop standard Airport Security Programs (ASP), it does require that the programs follow a specific format for ease of inspection and compliance efforts.
Definitions have been revamped in both rules as well, making it as clear as you can when using regulatory language what they mean when they say it. As an add-on to the regulations themselves, FAA is also planning on publishing a Policy Memorandum Hand-book that will break down each section of the rule and add non-regulatory text to put the requirements into context and assist the reader with implementation. Keep an eye out for the guidance later this fall, because one of the major changes in the rule is who it applies to.
Both new regulations have a broader applicability scope than the old rules. Part 107 now applies to any airport serving any aircraft operator required to have a security program under either Part 108 or Part 129. The old rule included a phrase limiting this requirement to those carriers with "scheduled passenger operations."
This aspect is further clarified in Part 108 by stating you must have a plan if you enplane or deplane passengers into a sterile area.
A more significant change is that these rules now apply to individuals as well as airport and aircraft operators. Yes indeed, the FAA can now take action against an individual in a secured area, aboard an aircraft, or applying for a position that grants them privileges under these parts if they violate any aspect of these rules. This includes a person who decides to test the security system at an airport without proper authorization (even if that used to be their job).

Tenant Programs
In the spirit of having everyone participate in keeping the aviation system secure, the FAA has also given airport tenants an opportunity to create and maintain their own security programs. Airport Tenant Security Programs are similar in nature to Exclusive Area Agreements between airports and aircraft operators, but slightly more restrictive.
An airport tenant may compile its own security programs governing its security operations and the geography it occupies at an airport. The Airport Tenant Security Program (ATSP) will be included as a part of the airport’s overall ASP, and must be approved prior to implementation by the FAA.
As the tenants are not directly regulated parties, these agreements must be monitored and audited by the airport as well as by the FAA. Airports which enter into these agreements must be prepared to act on behalf of the FAA regarding non-compliance with these plans, including development of "meaningful" measures that include monetary and other penalties.