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The interim final rule (IFR), published by the Transportation Security Administration (TSA) on July 19, 2005, created a new part 1562, subpart B, for General Aviation (GA), in title 49 of the Code of Federal Regulations (CFR). The IFR restored access to Ronald Reagan Washington National Airport (DCA) for passenger aircraft operations not otherwise regulated under 49 CFR 1546.101(a) or (b) (foreign air carriers) or 49 CFR part 1544 (U.S. air carriers operating under a full security program). From September 11, 2001, until the IFR became effective on August 18, 2005, GA aircraft operations had been prohibited at DCA. The IFR reopened access to the extent requirements are met to maintain the security of critical Federal Government and other assets in the Washington, DC metropolitan area. In general, this rule requires GA aircraft operators to adopt and carry out security measures that are comparable to the security measures required of regularly scheduled, commercial aircraft. This rule also established security procedures for GA aircraft operators and gateway airport operators, and security requirements relating to crewmembers, passengers, and armed security officers onboard aircraft operating to or from DCA. TSA plans to take final action on the IFR to respond to the public comments and close out this rulemaking. TSA is also considering a recommendation from the Aviation Security Advisory Committee to remove the armed security officer requirement for flights operating under the DCA Access Standard Security Program to the extent other security safeguards are in effect, such as all passengers onboard the flight having a Department of Homeland Security Known Traveler Number (KTN).

Statement of Need:

The purpose of this regulation is to allow GA aircraft operations access to DCA without decreasing the security of vital government assets in the Washington, DC metropolitan area. Prohibiting GA access to DCA imposes an economic hardship on these operations. But access, without appropriate security measures, increases the risk that an airborne strike initiated from DCA, located moments away from vital national assets, could occur. While TSA recognizes that such an impact may not cause substantial damage to property or a large structure, it could potentially result in an undetermined number of fatalities and injuries, as well as reduced tourism. The resulting tragedies would adversely impact the regional economies. Finalizing the IFR will ensure the continued balance between these interests; providing access without decreasing security of the vital government assets in the Washington, DC metropolitan area. The security requirements in the final rule are necessary to defeat the threat posed by members of terrorist groups to vital U.S. assets and security, in a manner that protects the nation’s transportation systems to ensure freedom of movement.

Summary of the Legal Basis:

Alternatives:

Anticipated Costs and Benefits:

If TSA repeals the requirement for an ASO, with acceptance of alternative procedures in its place, this modification is likely to provide commensurate levels of security at lower costs. To the extent these alternative procedures include a requirement for all passengers and crewmembers to have a KTN, there is a dependency linked to the ability of DHS/TSA to quickly process requests for KTNs and the willingness of the regulated parties (or their passengers) to bear the cost of obtaining a KTN. The benefits of the repeal of the ASO requirement would be cost savings to DASSP operators from no longer having to hire an ASO. DASSP operators would receive a cost savings from no longer hiring an ASO for each departure from or arrival into DCA.

Risks: