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(NAR) VOL. 18 NO. 1/JANUARY - MARCH 2007

[ OTS TRANSPORT SECURITY REGULATION NO. 004-2006 CASS, October 23, 2006 ]

DEFINITION & ALLOCATION OF AVIATION SECURITY TASKS



Pursuant to Section 3.1.4 in the Amendment 10 of the International Civil Aviation Organization (ICAO) Annex 17, this will define, delineate and allocate civil aviation security task in compliance with the National Civil Aviation Security Program (NCASP).


RULE I


Section 1. Basis- Airport security is a joint responsibility of the government and the public in general. Collectively, they are the airport authority; related government agencies; airline companies; airport related businesses; caterers; ground handlers; cargo forwarders; training centers; security personnel’s and others with personnel deployed at the airside. This joint responsibility needs to be defined, allocated and delineated to strengthen security & effectively coordinate stakeholders to prevent any act of unlawful interference to civil aviation.


RULE II

Section 2. Definition of terms –

2.1
Office for Transportation Security (OTS) – the designated single authority in transportation security covering civil aviation, maritime and sea transport and land and rail.
2.2
Airport authority – the authority in airport management pursuant to their respective enabling charter such as the Manila International Airport Authority (MIAA), Subic Bay Metropolitan International Airport (SBMIA), Mactan-Cebu International Airport Authority (MCIAA), Clark International Airport Authority (CIAA).
2.3
Airport management – the authority in each national airport under the control & management of the Air Transportation Office (ATO) by virtue of RA 776.
2.4
Airline Operator – an aviation company duly registered with the Civil Aeronautics Board (CAB) to operate aircraft for business.
2.5
Catering – a company registered with SEC to provide in-flight service requirements of airline operators like meals, refreshments, entertainment and amusement for passengers.
2.6
Ground Handlers – an aviation company registered to provide the ground operational requirements of airline operators.
2.7
Cargo Forwarders – a company duly registered with the Civil Aeronautics Board (CAB) dedicated to accept, process and deliver consignments of goods for transport to specific destination via the air transport system.
2.8
AVSEC Training Center/Institute – a company registered and accredited by OTS to train airport-based personnel on various aviation security courses accredited by ICAO.
2.9
ATO – Air Transportation Office, the government office created by RA 776 principally responsible for flight safety in the air transportation.

RULE III
Allocation of Tasks


Section 3. Airport Authority/Management

3.1
The authority in every airport shall be guided by the National Civil Aviation Security Program (NCASP) in its development and implementation of its airport security program;
3.2
Formulate, develop, update and implement its Airport Security Program and submit the same to OTS for approval and appropriate assessment.
3.3
Establish and support its Airport Security Inspectorate Unit responsible for airport-level oversight;
3.4
Promulgate procedures and practices in support of the National Program and its Transportation Security Regulation;
3.5
As chairman of the Airport Security Committee, preside over its monthly meetings and resolve security issues;
3.6
Support the security initiatives of Director, PNP-ASG/PCAS Chief during security condition II and III.
3.7
Responsible for the protection of the facilities under its control like the tower, radar, navigational aids, etc.
3.8
Perform such other functions relative to civil aviation security.


Section 4. Airline Operator

4.1
Develop, implement and update its own Operators’ Program supportive of the airport and national programs and submit the same to OTS for acceptance;
4.2
Insure compliance of its personnel on all security practices and procedures promulgated by the single authority;
4.3
Institute and record corrective action on internally discussed malfeasance and misfeasance of its own personnel;
4.4
Attend the monthly ASC meeting and inform his subordinates of its proceedings;
4.5
Perform such other duties and tasks relative to pertinent airport security.


Section 5. Food Caterers

5.1
Develop, implement and update its own facility security operators program supportive of the national, airport and airline programs and submit the same to OTS for approval;
5.2
Insure compliance of its personnel on all security practices and procedures promulgated by the single authority;
5.3
Institute and record corrective action on internally discovered malfeasance and misfeasance of its own personnel;
5.4
Attend monthly meetings of ASC and inform subordinates and supervisors of its proceedings;
5.5
Perform such other duties and tasks relative to its concern that affect airport security.

Section 6. Ground Handlers

6.1
Develop, implement and update its own operators program supportive of the national, airport and airline programs and submit the same to OTS for approval;
6.2
Insure compliance of its personnel on all security practices and procedures promulgated by the single authority;
6.3
Institute and record corrective action on internally discovered malfeasance and misfeasance of its own personnel;
6.4
Attend monthly meetings of ASC and inform subordinates and supervisors of its proceedings;
6.5
Perform such other duties and tasks relative to its concern that affect airport security.


Section 7. Cargo Forwarders

7.1
Develop, implement and update its own cargo operators program supportive of the national, airport and airline programs and submit the same to OTS for approval;
7.2
Insure compliance of its personnel on all security practices and procedures promulgated by the single authority;
7.3
Institute and record corrective action on internally discovered malfeasance and misfeasance of its own personnel;
7.4
Attend monthly meetings of ASC and inform subordinates and supervisors of its proceedings;
7.5
Perform such other duties and tasks relative to its concern that affect airport security.


Section 8. Training Center/Institute

8.1
Develop, implement and update its own operators program supportive of the national, airport and airline programs and submit the same to OTS for approval for those with deployment at the airside.
8.2
Insure compliance of its personnel on all security practices and procedures promulgated by the single authority;
8.3
Institute and record corrective action on internally discovered malfeasance and misfeasance of its own personnel;
8.4
Attend monthly meetings of ASC and inform subordinates and supervisors of its proceedings;
8.5
Submit the required documents relative to the conduct of each AVSEC Course.
8.6
Perform such other duties and tasks relative to its concern that affect airport security.


Section 9. Security Provider

9.1
Develop, implement and update its own operators program supportive of the national, airport and airline programs and submit the same to OTS for approval;
9.2
Insure compliance of its personnel on all security practices and procedures promulgated by the single authority;
9.3
Institute and record corrective action on internally discovered malfeasance and misfeasance of its own personnel;
9.4
Attend monthly meetings of ASC and inform subordinates and supervisors of its proceedings;
9.5
Submit required documents relative to the training of its personnel to OTS;
9.6
Perform such other duties and tasks relative to its concern that affect airport security.


Section 10. Philippine National Police-Aviation Security Group (PNP-ASG)

10.1
Take lead role in aviation security, particularly in the airside, by integrating and orchestrating the different operational security measures of all stakeholders in the airport. Support, implement, review and recommend for update of the national, airport and airline programs;
10.2
Insure compliance of all its personnel on all security systems, practices and procedures embodied in the Airport Security Program (ASP) of every airport and those promulgated by OTS;
10.3
Institute and record corrective action on internally discovered security deficiencies of its own personnel in compliance with its Internal Quality Control Assurance;
10.4
Conduct passenger and luggage security screening and anti-terrorist operations;
10.5
Attend monthly meetings of ASC and inform subordinates and supervisors of its proceedings;
10.6
Submit required documents relative to the training of its personnel and conduct of AVSEC Courses.
10.7
Perform such other duties and tasks relative to its concern that affect airport security.


RULE IV

Section 11. Security Program Development and Reportorial Requirement – The following are standard requirements for the airport stakeholders in compliance with the National Civil Aviation Security Program (NCASP);

11.1
All airport stakeholders shall develop, implement and make current their respective security programs.
11.2
The same document shall be submitted to OTS annually for evaluation to determine compliance with the National Civil Aviation Security Program and pertinent/updated Transport Security Regulation (TSR) issued for the year.
11.3
The Airport Security Program shall take its bearing from the National Program; while the “Operators’ Program” shall be in accordance with both the airport and national program.
11.4
Submission of the security program shall not be later than the 15th of December; Result of the assessment of the program should be made by OTS not later than 15th of February the following year.
11.5
The copy shall be accompanied by a diskette to facilitate specific recommendations by OTS.
11.6
For uniformity, Arial font style and height of twelve (12) shall be used in encoding the document and double spaced in 8 ½” x 11” bond paper.
11.7
It shall be classified confidential and properly marked on top of the first page of each chapter.
11.8
Each page and copy shall be properly accounted for and receipted by concerned personnel
11.9
Non-compliance with the foregoing security program (Aircraft Operators Program) by the aircraft owner requirement shall be a ground for cancellation of franchise or a pre-requisite for the issuance and/or renewal of franchise with the Civil Aeronautics Board (CAB).


RULE V

SECTION 12. Construction – These rules shall be liberally construed in order to promote its security objectives.

SECTION 13. Reservation – Nothing herein shall be construed as precluding OTS through the Administrator from enforcing these rules in conducting inspection, investigation, evaluation, assessment and audit of the activities enunciated herein, and in prescribing other requirements to meet the constantly evolving challenges in transport security administration.

SECTION 14. Separability – If any provision or section of these rules is declared null and void by competent authority, the other stays and are not affected and shall remain in full force and effect.

SECTION 15. Effectivity – This Transport Security Regulation shall take effect immediately after publication in a newspaper of general circulation.

Adopted: 23 Oct. 2006

(SGD.) USEC. CECILIO R. PENILLA
Administrator
Office for Transportation Security

Approved by:

(SGD.) HON. LEANDRO R. MENDOZA
Secretary
Department of Transportation and Communications
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