What's at Issue
In December 2008, the Transportation Security Administration (TSA) issued a Security Directive (SD) to the directors of airports serving commercial air carriers. The SD mandated changes to the issuance of airport identification media and expanded the base of individuals who would be required to obtain airport identifications.

Federal regulations give the TSA power to issue SDs in response to threats against civil aviation. SDs prescribe specific procedural or policy changes designed to address the specific nature of the threat and differ from typical federal rulemaking in that they can be issued with no public notice, comment or cost-benefit analysis. In fact, SDs are typically considered Sensitive Security Information (SSI), thus limiting their distribution to directly regulated entities and/or individuals whom the TSA determines have a "need to know."

Why It's Important
The SD mandates that any individual requiring unescorted access to the airport operations area (AOA) of an airport regulated by the TSA under Part 1542 that is served by commercial air carriers must apply for and receive airport-issued identification media. This requirement expands the airport identification process to include individuals such as:

• FBO employees
• Private aircraft owners
• General aviation maintenance providers
• Flight instructors
• Flight school students
• Other airport tenants needing unescorted access to the AOA

The SD also requires that any individual applying for airport-issued identification must verify their identity and undergo a TSA Security Threat Assessment (STA). To undergo an STA, the TSA requires that individuals submit detailed personally identifying information to the airport operator, including:

• Personal information
• Gender
• Date of birth
• Country of birth
• Citizenship country code
• Social Security Number
• This item is voluntary, but failure to provide may delay completion of STA
• For non-U.S. citizens
• Alien Registration Number; or
• I-94 Arrival/Departure Form Number
• For individuals who hold a non-immigrant visa: the visa control number
• For individuals who are U.S. citizens born abroad or naturalized US citizens:
• U.S. Passport number
• Certificate of naturalization number
• Certification of Birth Abroad
• Employer's name

In the event that an individual does not pass the STA, the airport is not permitted to grant the individual regular escorted or unescorted access to the AOA, in effect banning that individual from accessing the AOA on a regular basis.

What to Do
Contact your Members of Congress by visiting NATA's Legislative Action Center. NATA's Legislative Action Center provides association members with a quick and easy way to email letters directly to Members of Congress in their state. Click here to view the form letter provided by the association for your convenience in writing to your Members of Congress or their staff.

NATA Position
NATA is concerned that the TSA has chosen to use an SD to promulgate regulations affecting a broad category of previously unregulated individuals. NATA understands the importance of not disclosing certain security procedures and policies; however, many of the mandates imposed by SD 1542-04-08F will be public knowledge upon their implementation, thus negating the importance of non-disclosure in their implementation. Due to the large number, and varied interests, of the general aviation pilots, service providers and aircraft owners who will be affected by this SD, NATA believes that it is imperative that the TSA approach the issue of securing the AOA of commercial airports by issuing a Notice of Proposed Rulemaking. By following the federal rulemaking process, which NATA believes is required in this situation, the TSA will enable those affected by the proposed rule to voice their concerns and offer suggestions on the best methods for securing the AOA.

Status
NATA is currently involved in a dialogue with key staff at the TSA regarding this issue and will continue to work towards a more reasonable and cooperative solution to securing the AOA at regulated commercial airports.

Kristen Moore
Director, Legislative Affairs
kmoore@nata.aero

For general press inquiries, contact Shannon Chambers at 703-298-1347 or schambers@nata.aero. 

The National Air Transportation Association (NATA) has been the voice of aviation business for more than 80 years. Representing nearly 3,700 aviation businesses, NATA’s member companies provide a broad range of services to general aviation, the airlines and the military and NATA serves as the public policy group representing the interests of aviation businesses before Congress and the federal agencies.