NATA is encouraging both members and non-members subject to pending aviation security rules to begin the process of fingerprinting their flight crews in anticipation of the April 1, 2003, deadline for compliance. Separately, the TSA released guidance on the fingerprinting procedures for affected operators.

Under both the TSA's Twelve-Five and Private Charter security regulations, commercial operators, including Part 135 on-demand air taxis, are required to conduct FBI Criminal History Records Checks (CHRCs) for each crew member of an aircraft subject to the new rules. Presently, all of an operator's affected personnel must have undergone a successful CHRC and be approved by the TSA prior to conducting flight operations of specific aircraft on or after April 1, 2003.

In response, NATA has developed, and the TSA has approved, a detailed fingerprint collection program administered by NATA Compliance Services (NATA/CS), a subsidiary of the association. Both members and non-members of NATA may utilize this service to complete the CHRC requirements.

"Beginning April 1, all required flight crew members aboard so-called 'Twelve-Five' aircraft must have been fingerprinted and undergone a successful background check," commented Joseph E. (Jeb) Burnside, NATA's vice president for government and industry affairs. "Although the TSA has extended previous deadlines, it appears the agency will finally have in place all the pieces required to fully implement its new security rules in the very near future. Consequently, we urge affected operators to begin their compliance efforts as soon as they can to ensure they meet the April 1 deadline," he added.

The TSA rules, known as the "Twelve-Five" and the "Private Charter" rules, address the security of non-scheduled commercial aircraft operations. First proposed in February 2002, the "Twelve-Five" rule requires commercial operators of aircraft weighing 12,500 pounds or more to take specific steps enhancing the security of their flights. Similarly, the TSA's "Private Charter" rule addresses the security of aircraft weighing 100,309.3 pounds (45,500 kg). One of the most time-consuming steps required is the fingerprinting and background checks of their pilots and co-pilots.

According to NATA/CS's Michael Sonshine, the TSA-approved process developed by the association's subsidiary is specifically designed to address the needs of Part 135 on-demand air taxi operators engaged in both passenger and cargo service with affected aircraft. "While there are other ways in which operators may comply with the fingerprinting and background check requirements, we have worked closely with both the TSA and with operators to develop a process that meets all parties' concerns as the April 1 deadline approaches," he said.

According to Sonshine, the NATA/CS process includes the following features not available from other collectors:

• NATA/CS's certified collectors, located at many FBOs around the country, charge $35 to take fingerprints. This fee includes overnight shipping and quality control to ensure proper chain of custody. NATA/CS will also arrange for a "reprint" at no additional charge in the event of a bad or "unclassifiable" print.
• NATA/CS has ensured that all the proper legal releases are accurate and that the CHRC data will remain confidential yet accessible to the employer or the TSA. These efforts help ensure that no operator will be accused of violating any federal, state or local human resources or privacy laws in attempting to comply with the TSA regulations.
• The NATA/CS process is designed to help operators save time and money, with most background check results available within 24 hours after fingerprints are received. Also, by locating fingerprint collectors at major FBOs in the U.S., pilots can be fingerprinted during a planned stopover instead of making a special trip at their employer's expense.
• Much of the information needed by NATA/CS and the results of the background checks are available on the NATA/CS Web site. Operators may access the NATA/CS site, www.natacompliance.com, for additional information. The NATA/CS staff is also available to assist operators with further questions at 800-788-3210.
• The NATA/CS process is designed with customer service in mind and includes such features as a "flat fee" for fingerprint collection and processing as well as any "reprint" that may be necessary. As an example, Sonshine noted that fees charged by other collectors vary widely and that operators may incur substantial costs for additional services.

"With the April 1 deadline fast approaching, hundreds of affected operators can be expected to submit fingerprint and background check requests for literally thousands of their pilots," said Sonshine.

FMI: www.natacompliance.com