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The TSA
has issued a Notice of Proposed
Rulemaking (NPRM) that seeks to apply
new security requirements to all
aircraft weighing more than 12,500
pounds, including privately owned and
operated Part 91 aircraft. In
addition, TSA proposes airports serving
large aircraft to adopt mandatory
security requirements.
Among many of the requirements contained
within the proposal, the major
provisions for aircraft operators
include criminal history record checks (CHRC)
and security threat assessments (STA)
for flight crew, checking passenger
names against the TSA's "No-Fly" and
"Selectee" lists, development of a
security program, and biennial auditing
of the security program. Additionally,
the proposal would require approximately
320 airports designated by the
Department of Transportation (DOT) as
"reliever" airports and airports that
regularly serve scheduled or public
charter operations in large aircraft to
adopt a "partial" airport security
program that would include specific
training, record retention, personnel
and notification requirements.
We have until the middle of February to
make comment on this NPRM. It is a rule
that can cripple aviation at least as
much as the user fee proposals. This is
a very invasive and restrictive rule
that threatens to probe our private
businesses and lives in ways that are
very possibly unconstitutional and at
the very least so intrusive as to limit
the mobility of our aviation industry.
The TSA is applying many of the same or
similar restrictions that unknown
passengers have to comply with at the
airline security checkpoints even though
we are dealing with family, friends and
business associates that we are very
familiar with.
I would ask that each and every one of
you make comment on this NPRM and ask
that you make all aviators aware of this
rule which on the face of it only
applies to large aircraft. As we all
know, regulatory rules of this sort can
be put in place and later interpreted or
amended to include much more than just
large aircraft.
This is not a process that can be
addressed by a one page white paper
which could be used by everyone to
comment. Instead, it needs to be a
deliberate review of the proposal and
the areas requested by TSA for comment.
Any robo comments will be considered as
one comment by TSA regardless of how
many people comment.
Instead, I would recommend the
following:
1. Please go to this website for
resources to prepare your comments...
http://web.nbaa.org/public/ops/security/lasp/
2. Review the NBAA DETAILED Analysis of
the TSA's Plan and the NBAA List of
Major Concerns in TSA's Proposal.
3. Then download the preview of the NPRM:
http://web.nbaa.org/public/ops/security/lasp/LASP-NPRM-Preview-20081001.pdf
also on the NBAA link above, and read
through it as closely as you can...
4. Use the NBAA Worksheet: Questions
Raised By TSA in Its Proposal to work up
comments in response to the requests by
TSA...
4. Having done that, on the NBAA link,
click on the box enclosing
Regulations.gov to view the comments
that have already been made and to MAKE
YOUR OWN COMMENTS...
I realize that this is not the simple
click and submit that we all would like
to have, but it is EXTREMELY IMPORTANT
that you are aware of the areas that may
concern you and believe me there are
many to comment on...
If you find this overwhelming, always
feel free to contact me at any time with
any questions as to the process or the
issue.
This is as important an issue as we may
ever have to comment on and I ask that
you do just that...
Most humbly yours,
Steve Hadley
Southwestern Regional Representative
National Business Aviation Association
shadley@nbaa.org
www.nbaa.org
13741 Harbor Drive
Waco, Texas 76712
254-235-7924 Telephone
254-235-7948 Fax |
