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).

FMI: www.house.gov