U.S. SENATE PASSES FEDERAL AVIATION ADMINISTRATION EXTENSION, SAFETY AND SECURITY ACT OF 2016
July 28, 2016
On July 13, 2016 the U.S. Senate passed H.R. 636, the Federal Aviation Administration (FAA) Extension, Safety, and Security Act of 2016 (FAAESSA) which was sponsored by Senators Bill Nelson (D-FL) and John Thune (R-SD). The Act funds all current FAA programs through September 30, 2017, and introduces several aviation safety and security reforms, including the adoption of new passenger and employee airport screening requirements and new rules for the operation and registration of unmanned aircraft systems (UAS). The FAAESSA was signed by President Obama on July 15, 2016. Specific requirements of the Act include:
General Transportation Security Administration (TSA) Requirements:
- A mandate for the TSA to conduct comprehensive security risk assessments of all last point of departure airports outside the United States within 180 days after passage of the bill;
- Workforce assessments of all TSA personnel, including review of personnel assignments to ensure they are being performed in a risk-based, intelligence-driven manner;
- Determination of whether TSA’s current staff allocation model is sufficient to maintain minimal passenger waiting times while maintaining maximum security effectiveness;
- Incorporation by TSA of canine explosives detection teams and other technology designed to assist screeners in conducting security checks; and
- Threat assessments of the risks posed by unescorted individuals with access to airport secure areas, and how vulnerabilities associated with such access can be identified and rectified in a way that retains airport operative efficiency.
TSA PreCheck Program:
- Expansion of TSA’s PreCheck Program through the use of secure online enrollment and the collection of biographic and biometric passenger information at kiosks, tablets or staffed laptop stations where interested candidates may apply;
- Utilization of Department-held data and technology programs to verify applicant citizenship and leveraging existing airport resources to conduct fingerprint and background checks to expedite identity verification; and
- Ensure that all PreCheck Program screening lanes are kept open during high-volume travel times.
Consumer Protection Measures
- Requires DOT to issue final regulations requiring both domestic and foreign air carriers to provide automatic refunds of ancillary baggage fees if carriers fail to deliver checked baggage more than 12 hours after the arrival of a domestic flight, or 15 hours after the arrival of an international flight.
- Reduces the frequency of flight cancellations prompted by excessive tarmac delays by allowing airlines to comply with DOT’s tarmac delay rule by beginning to return the aircraft to the gate within three hours for domestic flights and four hours for international flights, and begin deplaning passengers not later than one hour after beginning the return to the gate.
- Requires carriers to establish policies that enable children (13 years of age or younger) to be seated in an adjacent seat to an accompanying family member at no additional cost, except in such cases when an assignment would require an upgrade to another cabin class or a seat with extra legroom or seat pitch.
Small Unmanned Aircraft Systems (sUAS) Directives:
- Develop consensus-based standards for remote identification of sUAS owners and operators by imposing separate public and private classification systems, such as an online database;
- Authorization for the development of airspace hazard mitigation programs at airports and other critical infrastructure using sUAS detection technology providing for continued development of sUAS traffic management in coordination with the National Aeronautics and Space Administration (NASA); and
- Development of specific UAS system pilot certification programs.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).