LEGAL EASE Continued from page 65 3. 4. tion of large aircraft capable of flight that are left unattended. Verify background information of those individuals who are designated as the TSA point(s) of contact. Verify background information of those individuals who have access to any keys or other means used to prevent the unauthorized operation of large aircraft capable of flight that are left unattended. Who needs to implement security measures? The security measures in this rule cover repair stations that are on or adjacent to certain airports. The TSA 66 avionics news * march 2014 will consider a repair station to be "on airport" if it is on an air operations area or security identification display area of an airport, if it is covered by an airport security program under 49 CFR Part 1542 in the U.S., or if it is on the security restricted area of any commensurate airport outside the U.S. that is regulated by a foreign government entity. The TSA will consider a repair station to be adjacent to an airport if there is an access point between the repair station and the airport of sufficient size to allow the movement of large aircraft between the repair station and the area described as "on airport." What else must a repair station do? Repair stations are required to comply with security directives issued by the TSA. I had previously written comments objecting to the process associated with security directives on the grounds that they were tantamount to rulemaking activities being promulgated in the absence of notice and comment rulemaking procedures. The TSA has added language to the final rule to clarify that repair stations may comment on SDs issued by the TSA, but the TSA has imposed on itself no obligation to respond to such comments. I am still concerned that security directives could be used to promulgate new rules in circumvention of the notice-and-comment requirements of the Administrative Procedures Act. This could be bad for repair stations, because it might mean that repair stations are coerced by Continued on page 68http://www.altoaviation.com