Another Shot AT GA By Rep. Markey
EAA says it's time for
pilots to flex their collective muscle. The organization wants
pilots to contact their congressional representatives and express
concern about a proposed amendment to the Homeland Security Act of
2002 (HR 3798). The amendment would place additional restrictions
on general aviation beyond what has been deemed prudent and
effective by the Transportation Security Administration and the
Department of Homeland Security.
On February 11, Rep. Edward J. Markey (D-MA, pictured right)
proposed the amendment titled "Secure Existing Aviation Loopholes."
In addition to many restrictions on commercial operation, the Bill
proposes the following restrictions on general aviation:
No-Fly Zones - The Secretary of Homeland Security—
(a) (1) shall establish for the duration of any high
threat level announced by the Secretary (including announcements of
code orange or above), and
(2) may establish for
the duration of any other threat level that is announced by the
Secretary and that the Secretary determines appropriate, no-fly
zones around sensitive nuclear facilities, chemical facilities
identified by the Administrator of the Environmental Protection
Agency at which a release of the facility’s hazardous
materials could threaten the health of more than 1,000,000 people,
and any other facilities the Secretary may designate.
(b) Vulnerability Assessments - The Secretary shall—
(1) require the operators of airports that serve general
aviation aircraft and landing facilities for such aircraft to
complete vulnerability assessments developed by the Secretary for
evaluation of the physical security of such airports and facilities
and of procedures, infrastructure, and resources used with respect
to such airports and facilities; and
(2) develop a plan for addressing vulnerabilities identified by
such assessments not later than the 365th day following the date of
enactment of this Act.
(c) Sensitive Nuclear Facility - In this section, the term
‘sensitive nuclear facility’ means—
(1) a commercial nuclear power plant and associated spent fuel
storage facility;
(2) a decommissioned
nuclear power plant and associated spent fuel storage facility;
(3) a category I fuel cycle facility;
(4) a gaseous diffusion plant; and
(5) a Department of Energy nuclear weapons materials production,
processing, storage, or research facility.
"The Transportation Security Administration and the FAA have
assessed, and continue to do so, the security risks general
aviation poses and are taking the appropriate actions,” said
Earl Lawrence, EAA vice president of regulatory & industry
affairs. “Mandated no-fly zones will not improve national
security, nor will mandatory vulnerability assessments."
General aviation
organizations have been working continuously with the TSA to
develop GA airport security guidelines since the September 11,
2001, terrorist attacks. "Let the TSA and industry develop these
guidelines before imposing new restrictive federal laws on an
already heavily regulated industry," Lawrence said.
The Bill has been referred to the Congressional Committee on
Transportation and Infrastructure, and in addition to the Committee
on Ways and Means for consideration.
Co-sponsors of the bill include Rep. Ed Case (D-HI) Rep. John
Conyers, Jr. (D-MI) Rep. Norman Dicks (D-WA), Rep. Carolyn McCarthy
(D-NY), Rep. Jerrold Nadler (D-NY), Rep. Major Owens (D-NY) and
Rep. Louise McIntosh Slaughter (D-NY).