Re: CAA: Mutual Help List, Mutual Help List, Large Charter Security

[squilty@xxxxxxxxxxxxxx]

All,

Attached is a PDF file of the charter rule (commonly refered to as the 
"twelve-five rule") that was mandated back in February. Both NBAA and 
NATA have been diligently working to address the issue. See their 
websites for more information, though I am including below NATA's 
notices it has sent out to its members that help to explain the 
situation.

How this will affect airports and FBOs is still unclear. However, 
several FBOs (Signature Aviation at ORD and BOS) have already 
implemented screening activities using their own hired security 
personnel. The main responsibility falls on the charter operators to 
make arrangements for properly checking passengers before they get on 
board. 

One impact I see is that over 12,500# charter operators who used to use 
FBOs to load/unload will now make arrangements to load/unload at 
airports covered by the regular TSA screening. Another impact is that 
airports may have to have LEO avalability during boarding at an FBO. It 
all depends on what security program the TSA approves for the charter 
operator. At this point, I suggest letting the FBO and charter operator 
work it out, unless of course, you as the airport are the FBO operator 
as well. In that case, you need to read the information below. As you 
perhaps also know, AAAE has developed BMPs for GA airport security, as 
has the NBAA, NATA and the GAC. 

Stephen Quilty
Associate Professor - Aviation


Date: Mon, 22 Apr 2002 13:21:31  -0700
From: <cclark@xxxxxxxxxxxxxxx>
Subject: NATA Emergency Action Call:  New Part 135 Security Program

YOUR COMMENTS ON NEW PART 135 SECURITY PROGRAM ARE NEEDED THIS WEEK

April 22, 2002
What's at Issue
Your comments are needed addressing the recently issued Transportation 
Security Administration (TSA) regulation requiring security programs for 
Part 135 on-demand air carriers operating at least one aircraft weighing 
12,500 pounds or more.  This regulation requires compliance by June 24, 
2002.  


Background
On February 22, 2002, the TSA issued regulations imposing a security 
program, known as the "Twelve-Five Program," for specified operators and 
requested comments on those regulations.  Importantly, Twelve-Five 
Program requirements apply to every Part 135 on-demand operator of 
aircraft weighing 12,500 pounds or more maximum certificated takeoff 
weight.

Key elements of the program include criminal history background checks 
for flightcrews, emergency planning and employee security training.  The 
regulation requires that all affected operators have their security 
program in place by June 24, 2002.  TSA officials have promised to 
provide the industry with a 'boilerplate' program that operators could 
then develop into their own security program.  To date, this boilerplate 
program has not been released to affected operators, making it difficult 
to know the full ramifications of the security program requirement.


Why It's Important
As originally written, the regulation included several areas of concern 
to on-demand operators.  Your comments are needed to highlight problems 
with the rule and effect changes to the current requirements.


What to Do
All impacted members should review the Twelve-Five Program regulations, 
NATA's comments and NATA's March 13, 2002 Regulatory Report on the new 
regulations (links provided below) and submit comments expressing the 
following major points:

* Template Program Unavailable.  TSA has promised to provide operators 
with a boilerplate program that may be used to develop the operator's 
security program.  With just two months remaining before operators must 
have approved programs in place, NATA is extremely concerned that TSA is 
not leaving operators with enough time to properly implement the new 
programs.
* The applicability of the rule to aircraft weighing 12,500 pounds.  
While many FAA regulations apply to aircraft weighing more than 12,500 
pounds, this rule applies to aircraft weighing "only" 12,500 pounds.  
NATA supports changing the applicability to conform to current 
regulatory standards.
* Ground Security Coordinator requirements.  The TSA regulation as 
written requires a GSC at every airport where a covered flight departure 
occurs.  As many on-demand operators may serve thousands of airports and 
landing areas around the world, such a requirement would devastate the 
industry.  NATA supports allowing the pilot in command to perform any 
ground security requirements.
* Flight Deck Door provisions.  TSA is not requiring operators to 
install doors; however, in aircraft that already have a door, the 
regulations require limiting access to the flight deck.  NATA opposes 
any measures that would isolate the crew from the passengers for safety 
reasons.  Most on-demand aircraft are not equipped with emergency egress 
for the crew from the flight deck nor would pilots be able to provide 
direction to passengers in an emergency if a locked door were present.
* Immediate Crew Notification of Threats.  As written, operators are 
required to "immediately notify" flight crewmembers when a threat is 
received.  Because most Part 135 operators do not have, nor are they 
required to have, the air-to-ground communications necessary to comply 
with this mandate, NATA supports amending this provision to state that, 
"if possible," the operator will immediately notify the flight 
crewmembers of the threat.
* Other Areas of Concern To You.  Include your comments and views on any 
other part of the Twelve-Five Program that concerns you.

NATA Position
All members impacted by this regulation are encouraged to submit 
comments and make recommendations to minimize the operational and 
business impacts of the new rules.  

Status
The comment period for this rule ends April 23, 2002.  However, TSA will 
accept late comments to the extent possible.

* Comments submitted by NATA are available at:
http://www.nata-online.org/2GovWatch/Pdf/NATATwelveFiveComments.pdf
* A discussion of the regulations with which a Twelve-Five Program 
operator must comply are available at: 
http://www.nata-online.org/2GovWatch/Pdf/12-5Regulations.pdf
* The Final Rule on the Twelve-Five Program from the Federal Register 
is
available at: 
http://www.nata-online.org/2GovWatch/Pdf/tsa_twelve_five_rule.pdf
* NATA's March 13, 2002 Regulatory Report is available at: 
www.nata-online.org/2GovWatch/Archive/R.20020313.12-5prog.htm


To Submit Your Comments Electronically
Due to mail irregularities in Washington, D.C., members are encouraged 
to submit comments electronically via the Document Management System:  

1. The DMS homepage is located at http://dms.dot.gov;
2. Select "ES Submit" at the top of the page; and
3. Follow the on screen guidance to submit your comments.

You will need the Regulatory Docket Number, which is TSA-2002-11604. 

Staff Contact:    Jacqueline Rosser
Manager, Flight Operations
jrosser@xxxxxxxxxxxxxxx


REGULATORY NEWS

NATA TO TSA: SECURITY RULE DEADLINE IS FAST APPROACHING

NATA last week warned the Transportation Security Administration (TSA) 
that on-demand air taxi operators do not have the information necessary 
to implement required security programs by the June 24, 2002, deadline 
imposed by a recent regulation. The new TSA security regulation, known 
as the "Twelve-Five" rule, is part of a larger set of requirements 
focusing on charter air carriers operating large, airline-style 
aircraft.  That portion of the regulation addressing Part 135 on-demand 
air taxi operators using smaller aircraft requires them to implement a 
security program no later than June 24, 2002. However, with only one 
month remaining before the implementation deadline, the "boilerplate" 
security program promised by the TSA has yet to be released. That 
guidance is necessary to enable affected operators, the vast majority of 
whom are small businesses, to correctly implement the new requirements.

The association last Thursday submitted a formal letter to the TSA 
noting that the TSA's parent agency, the Department of Transportation, 
has generally "considered 30 days as a minimum amount of time for 
certificate holders already subject to security regulations" to 
implement changes and that it is customary to allow operators an 
opportunity to submit comments on the changes.

"In this instance, only 30 days remain for operators to implement a 
security program with which they have no familiarity," said NATA 
president James K. Coyne in the letter.  "NATA does not believe it is 
unreasonable to ask that the TSA release the security program and 
provide an opportunity to submit comments on that program prior to its 
implementation," he added.

"The industry has been forthcoming in its attempts to discern its 
obligations under the Twelve-Five rule and provide TSA with any 
information requested," Coyne added. "Indeed, the operators throughout 
this industry--as good citizens-- are well aware of their 
responsibilities to help ensure the security of civil aviation. We're 
simply asking that the TSA tell the industry how to comply with the new 
rule before they go out to enforce it."

__________________________________________________________

Date: Mon, 3 Jun 2002 12:47:08  -0700
From: <cclark@xxxxxxxxxxxxxxx>

Subject: NATA REGULATORY REPORT: TSA Releases Security Program 
Information

TSA RELEASES SECURITY PROGRAM INFORMATION

June 3, 2002

What's at Issue
On Friday, May 31st, the Transportation Security Agency (TSA) released
information to NATA explaining the agency's plans for implementing the
Twelve-Five security program.

Why It's Important
This new guidance sets forth the timeframe operators must follow to 
comply with the security regulation for on-demand operators of aircraft 
weighing 12,500 lbs. or more.  The TSA states that they will not expect 
operators to be in compliance with the rule by June 24, 2002, as was 
previously understood.

Major Provisions
The TSA statement gave the following milestones for implementing the 
Twelve-Five security program.

* The TSA expects to release the standard security program (SSP) to 
affected operators on or shortly after June 24, 2002.
* The SSP will have a 30-day comment period where the TSA will accept 
industry questions and suggestions.
* Some time following the close of the comment period, the TSA will 
release the final SSP.
* The TSA will provide affected operators with at least 30-days to 
implement the SSP.
* The secure nature of the SSP was emphasized.  Operators are reminded 
that the SSP is a sensitive security document and must be protected from 
inappropriate disclosure.

While the TSA information provides solid information to guide the 
industry, the TSA has yet to dispose the comments submitted during the 
official comment period and publish any changes to the regulations 
resulting from those comments.  Until this occurs and the SSP is 
available, it remains uncertain what specific requirements on-demand 
operators must meet.  

The complete TSA statement follows this report.

NATA Position
NATA is pleased that the TSA had given the industry specific information 
related to the June 24th deadline specified in the Twelve-Five program 
regulation.  Further, NATA appreciates that the TSA will provide the 
industry with an appropriate opportunity to review and comment upon the 
SSP prior to its implementation.  


Status
The TSA provided their statement to NATA late afternoon on May 31st.  
The TSA expects to post this statement on their Web page in the near 
future.

Staff Contact:   Jacqueline Rosser
Manager, Flight Operations
jrosser@xxxxxxxxxxxxxxx


TSA Statement Regarding On-Demand Security Programs:

Security Programs for Aircraft 12,500 Pounds or More

This rule requires that certain aircraft operators using aircraft with a 
maximum certificated takeoff weight of 12,500 pounds or more carry out 
security measures, to include criminal history records checks on 
flightcrew members. The effective date of this rule is June 24, 2002. 

The Transportation Security Administration (TSA) understands that this 
rule creates a new regulated population that may not be familiar with 
the security regulatory process. For this reason, the TSA offers the 
following: 

TSA will release a standard security program (SSP) to the regulated 
parties on June 24, 2002 or shortly thereafter. The regulated parties 
will have 30 days to review and ask questions on this program. This is 
referred to as a comment period. After the comment period, the TSA will 
issue a final SSP. Aircraft operators will not be required to be in 
compliance with the security program for at least 30 days after they 
have received the final program. 

The information contained in the SSP is sensitive security information 
(SSI) and must be protected in accordance with Title 49 Code of Federal 
Regulations (CFR) Part 1520. You can obtain a copy of this regulation 
at
www.tsa.gov/briefingroom/reg_docs.shtm and at http://dms.dot.gov/, 
docket number 11602. 

TSA is working on the implementation means to process fingerprints. 
Because the parties do not become regulated until June 24, 2002, 
fingerprints cannot be processed before this date. 

TSA's Associate Under Secretary for Aviation Security Operation, Office 
of Air Carrier Security Division is launching a hot line and developing 
a website that will provide additional information for regulated 
parties. In addition, TSA is establishing points of contact at the TSA 
National Headquarters level to help the regulated parties comply with 
the requirements of this rule. 

The TSA website will be updated, as more information becomes available.

On the Net:

Proposed rule: http://dms.dot.gov, docket number TSA-2002-12394

Transportation Security Administration: http://www.tsa.dot.gov


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12500.pdf