TSA WITHDRAWS LARGE AIRCRAFT SECURITY PROGRAM NPRM
April 9, 2018
Earlier this month, the Transportation Security Administration (TSA) announced its intention to withdraw a significant rulemaking concerning the possible establishment of a large aircraft security program (LASP). TSA originally proposed this requirement in 2008. At that time it sought comments on potentially requiring certain private and corporate aircraft operations to adopt security standards similar to those of commercial aircraft operations, including the use of security programs, crew vetting, and passenger watchlist matching. The 2008 Notice also proposed new requirements for airports that serve private and corporate operations. Following the NPRM’s announcement in 2008, TSA held a series of public meetings and reviewed more than 7,000 public comments from pilots, aircraft operators, airports, aviation workers, individuals, members of congress, aviation associations, and civic organizations. While many commenters supported parts of the NPRM, LASP was met by overwhelming criticism, with the vast majority of commenters noting that it increased costs unnecessarily, created burdensome new processes, and would lead small airport and aircraft operators to go out of business causing widespread loss of employment.
Based on all of the information received and a re-evaluation of the proposal in light of risk-based principles, TSA has decided not to pursue this rulemaking at this time. The decision corresponds with TSA and Trump Administration priorities of reducing unnecessary regulation on industry, and is consistent with Executive Order 13771, entitled “Reducing Regulation and Controlling Regulatory Costs” that was issued last year. TSA did note that it has several regulatory initiatives underway that are required by statute, and we expect to see additional regulations from this agency in the near term.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).
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