October 16, 2008

What's at Issue
The Transportation Security Administration (TSA) has release a Notice of Proposed Rulemaking (NPRM) that will, for the first time, impose security program requirements on privately owned and operated aircraft.

Major Provisions
Private (Part 91) Operators
The Large Aircraft Security Program (LASP) NPRM seeks to require security actions, including a formal security program, for any aircraft with a maximum takeoff weight of more than 12,500 pounds. The program requirements will apply regardless of whether the aircraft is owner-piloted, piloted by professional crew, operated by an individual or corporation, or part of a fractionally-managed fleet.

The NPRM states that affected aircraft owners will need to:

• Complete background checks for all pilots (includes FBI criminal records check and a Security Threat Assessment)
• Submit passenger name information for comparison to terrorist watch lists for all flights
• Submit to a biannual compliance audit (at the owners expense)
• Implement the LASP (to be provided by TSA)

TFSSP Operators
For operations already subject to the TSA's TFSSP, that security program will ultimately be transferred into the LASP so that all non-airline operations will eventually be regulated by a singular program with operation-specific "subparts" or chapters. TFSSP operators would also be subject to some of the new provisions, such as biannual audits.

The rule does present some benefits, particularly for the TFSSP operators, in that it would allow the creation of a Master Passenger List so that frequently carried passengers would not be subjected to repeated identification checks. Also, the TSA is moving toward an automated watch list checking system. Under this plan, operators would no longer need to obtain the lists from the TSA and conduct checks themselves. Names would be submitted via computer to an online service that would conduct the checks and report back on any matches. It is expected that these checks will occur almost instantaneously following submission

Airports
The NPRM also imposes new security program requirements on certain airports. Under the TSA proposal, designated reliever airports would need to establish a "partial program." Additionally, any airport that "regularly serves scheduled or public charter operations in large aircraft" would also need a partial program. The TSA states that this will impact 315 airports. The specific program requirements focus on planning, communication and recordkeeping, and do not seem to impose any restrictions on aircraft operations or require involvement by the airport operator.

Program Implementation
The TSA proposes to implement the LASP rules over a 24-month period following the effective date of a final rule. The implementation scheduled is based upon geographic region for operators obtaining a security program for the first time. Conversion of those with existing security programs (i.e. TFSSP operators) will occur in the final three months of the plan.

NATA Position
In general the NPRM is not entirely untenable for the operator community as it is based largely upon the TFSSP. However, after reviewing the proposed rules, NATA believes that several modifications are warranted and will submit comments on the following issues in particular:

• FBI background check. NATA is unconvinced of the need for this check for owner-piloted aircraft.
• Weight threshold. In response to the TSA's request for comment on the 12,500 pound threshold, NATA will review available information and possibly recommend a higher trigger weight.
• Audits. NATA is very concerned that the TSA has no planned mechanism for operators to have the TSA conduct a free audit and is relying solely on a paid contractor system.
• Implementation Schedule. NATA believes the method and timing for implementation is not ideal or realistic considering the significant number of aircraft operators involved.
• Use of Selectee Lists. NATA is opposed to the use of the selectee list as it does not serve a clear function, nor is the operator given clear actions to take if a person matches that list.
• Managed Aircraft. Many aircraft are managed by outside firms that may keep the aircraft in a purely Part 91 system or the aircraft may also be operated under Part 135. It is unclear how the owner/management relationship will effect implementation of the program and how aircraft operated under existing programs will be treated.
• NATA strongly encourages all members who are affected by the LASP NPRM to review the rules carefully and provide comments to the TSA suggesting how the requirements could be improved.

Status
While the TSA has made the LASP NPRM available, it has not yet been officially published in the Federal Register. Upon publication, the TSA will accept public comments on the proposal for at least 60 days.

Click here to download a copy of the LASP NPRM.

Staff Contact: Jacqueline Rosser
Director, Regulatory Affairs
jrosser@nata.aero

Staff Contact:

Eric Byer
Vice President, Government & Industry Affairs
NATA
ebyer@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.