Aviation Security Bill Signed by President Bush
President Bush has signed the Aviation and Transportation Security Act, P. L. 107-296. Helicopter Association International (HAI) worked with members of the House-Senate Conference Committee for inclusion of provisions in the final Aviation Security Bill to assist the civil helicopter industry. There are no security requirements for general aviation aircraft contained in the final bill. Public Law 107-296 contains a provision that permits aircraft operators to ask for a lifting of restrictions on operations in Enhanced Class B airspace. HAI will continue to work to lift the restrictions that remain in Enhanced Class B airspace.
Section 132 of the Aviation and Transportation Security Act requires that an aviation security program for charter air carriers be implemented within 90 days for aircraft with a maximum certificated takeoff weight of 12,500 pounds or more. Section 132 also mandates that within 30 days, the new Undersecretary of Transportation for Transportation Security shall transmit a report on airspace and other security measures that can be deployed to improve general aviation security. The report may be submitted in both classified and redacted formats.
The Act also amends the Air Transportation Safety and System Stabilization Act (Public Law 107-42). Specifically, the bill allows the President to set aside a portion of the amount of compensation payable to air carriers under section 101(a)(2) to provide compensation to classes of air carriers, such as air tour operators and air ambulances (including hospitals operating air ambulances), for whom the application of a distribution formula containing available seat miles as a factor would inadequately reflect their share of direct and incremental losses.
Public Law 107-296 also provides for increased airport perimeter security personnel at air traffic control facilities, runways, servicing equipment, parked aircraft, and airport parking facilities. Background checks for flight students are also required, but only for aircraft with a maximum certified takeoff weight of 12,500 pounds or greater.
The new Transportation Undersecretary who is to head the new Transportation Security Administration (TSA) will have the authority to issue regulations without the consent of the Transportation Department, the Office of Management and Budget or other agencies, and this unprecedented change in authority is a situation that HAI will be monitoring closely. HAI members requiring additional information on the specific provisions of Public Law 107-42 may contact HAI Legislative Affairs or Regulatory and International Affairs at 703-683-4646.