TSA REQUIRES STRICTER SECURITY SCREENING FOR CHARTER OPERATORS

February 18, 2025

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The Transportation Security Administration (“TSA”) recently announced changes to its Twelve Five Standard Security Program requiring that public charter operators at private airports implement security screening protocols like those at commercial airports.  The Twelve-Five refers to aircraft with a maximum takeoff weight from 12,500 – 100,310 pounds. The change applies to FAA Part 135 certified carriers and comes after SkyWest Charter applied to conduct scheduled passenger operations as a Part 135 carrier using a 30-seat aircraft. Critics called for the application’s rejection, arguing that approval would allow the charterer to skirt stricter security standards required of Part 121 carriers. Part 135 charter operator selling individual seats under Part 380 will still be able to operate out of private terminals. Security will not be conducted by TSA screeners, but TSA liquid rules will apply. Business aviation participants expect changes to the Twelve-Five Program to become effective in six months and involve passenger and bag searches and potential biometric screening at small general aviation airports. It is also possible that the changes could require fixed-base operators to create sterile areas where security screening takes place. Separately, the FAA is drafting a new “135 Plus” regulation which would require Part 135 operators of 10-30 seat aircraft to comply with the safety requirements of scheduled operators.

This Aviation Blog is intended to keep readers current on developments in the law.  It is not intended to be legal advice. If you have any questions, please contact Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew Derco at 202-659-6665 or dderco@eckertseamans.com;  Jay Julien at 202.659.6648 or jjulien@eckertseamans.com, or  Tyler Myers at 202.659.6642 or tmyers@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.

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Evelyn D. Sahr Photo Washington, D.C.

Evelyn D. Sahr

Member - Washington, D.C.

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Drew M. Derco Photo Washington, D.C.

Drew M. Derco

Member - Washington, D.C.

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Jay Julien Photo Washington, D.C.

Jay Julien

Associate - Washington, D.C.

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Tyler R. Myers Photo Washington, D.C.

Tyler R. Myers

Associate - Washington, D.C.

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