Transportation Safety Administration Relaxes TSA Waiver Requirement
by Scott Burgess, released on Thursday, September 30, 2010

Transportation Safety Administration Relaxes TSA Waiver Requirement

Effective September 1, 2010, the Transportation Safety Administration has relaxed the requirements for operations, within USA territorial airspace, of aircraft not registered with the Federal Aviation Administration ("FAA") Civil Aviation Registry. The following is a summary of the new requirements, as set forth in NOTAM Number FDC 0/6432 issued August 3, 2010. For more information, review the NOTAM, or contact Scott Burgess.

• Foreign Registered Aircraft Transiting USA Territorial Airspace and/or Operating Within USA Territorial Airspace – TSA Waiver Required
  Generally, foreign registered aircraft that will depart and arrive at one or more airports within the territorial airspace of the USA, and/or or transit through USA Territorial Airspace, must have a current and valid TSA Waiver, and will also need to comply with the following conditions:
  1. File and are on an active flight plan (DVFR included);
  2. Are equipped with an operational mode C or mode S transponder and continuously squawk the transponder code issued by air traffic control;
  3. Maintain two-way communications with air traffic control;
  4. Comply with all US Customs & Border Protection requirements (including e-APIS).
• Foreign Registered Aircraft Operating To or From the USA – TSA Waiver Not Required
  Generally, foreign registered aircraft operating to or from the territorial airspace of the USA are authorized to do so without a TSA Waiver so long as they comply with the following conditions:
  
  1. File and are on an active flight plan (DVFR included);
  2. Are equipped with an operational mode C or mode S transponder and continuously squawk the transponder code issued by air traffic control;
  3. Maintain two-way communications with air traffic control;
  4. Comply with all US Customs & Border Protection requirements (including e-APIS).
• Foreign Registered Aircraft Operating Within the USA – Exceptions to TSA Waiver Requirement
  While the general rule requires that foreign registered aircraft that will depart and arrive at one or more airports within the territorial airspace of the USA must have a current and valid TSA Waiver, there is an exception for foreign registered aircraft that operate within USA territorial airspace when conducting post-maintenance and acceptance flight test operations, but only when also in compliance with the following conditions:
  
  1. File and are on an active flight plan (DVFR included);
  2. Are equipped with an operational mode C or mode S transponder and continuously squawk the transponder code issued by air traffic control;
  3. Maintain two-way communications with air traffic control;
  4. Operational control is by a U.S. company;
  5. A U.S. licensed pilot is in command; and
  6. "Maintenance Flight" is included in the remarks section of the flight plan.
• Aircraft Registered in Mexico, Canada, Bahamas, Bermuda, Cayman Islands and British Virgin Islands Transiting USA Territorial Airspace – Exceptions to TSA Waiver Requirement
  Generally, foreign registered aircraft that are registered in Mexico, Canada, Bahamas, Bermuda, Cayman Islands or the British Virgin Islands are authorized to transit USA territorial airspace without a TSA Waiver if it departed from Mexico, Canada, Bahamas, Bermuda, Cayman Islands or the British Virgin Islands, so long as they comply with the following conditions:
  
  1. File and are on an active flight plan (DVFR included);
  2. Are equipped with an operational mode C or mode S transponder and continuously squawk the transponder code issued by air traffic control;
  3. Maintain two-way communications with air traffic control.

Disclaimer     Privacy Policy
©2009 Aviation Legal Group, P.A.