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TSA Waivers No Longer Necessary In Some Circumstances
by Scott Burgess, released on Tuesday August 22, 2006

On August 12, 2006, the Federal Aviation Administration issued Notice To Airmen (NOTAM) FDC6/6101 followed by a National Security Flight Advisory effective August 2, 2006, which together provide that TSA Waivers are no longer necessary for aircraft with a Maximum Certified Takeoff Gross Weight (MTOW) less than 100,309 pounds so long as: 1. The aircrew files and the aircraft is operated under an active flight plan when it transits into the airspace of the United States of America; 2. The aircraft is equipped with an operational Mode C transponder and continuously squawks an ATC issued transponder code; and 3. The aircrew maintains two-way communications with Air Traffic Control (ATC).

If you meet the foregoing conditions, you no longer need a TSA Waiver to conduct operations to or from or to overfly territorial airspace of the United States of America. This NOTAM is subject to change, however.

Please contact Scott Burgess at scottb@aviationlegalgroup.com should you have any question with regard to this matter.

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