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House Lawmakers Move To Tighten Security for Part 380 Operations
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Bill will call for Part 380 operations to meet airline requirements
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A bill introduced in the House would mandate operators flying under DOT Part 380 economic authority to meet airline security regulations.
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A group of lawmakers in the U.S. House of Representatives are moving to close what they call “critical security loopholes” for DOT Part 380 public charter operations, introducing a bill requiring such carriers to meet the same security standard as scheduled airlines. Introduced by Rep. Nick Langworthy (R-New York) alongside Rep. Marc Veasey (D-Texas), the bill—the Safer Skies Act—has already garnered 11 other co-sponsors.

Safer Skies specifically applies to Part 135 operators that fly under DOT Part 380 economic authority with aircraft with nine or more seats, do not have passengers go through security checkpoints managed by the Transportation Security Administration (TSA), offer individual seats in advance, and publicly provide available schedules, including the departure location, time, and arrival locations.

The bill calls for the TSA to revise its rules and guidance to ensure those carriers meet the Aircraft Operator Standard Security Program (AOSSP) requirements, which currently apply to scheduled carriers and public charters with a capacity of 61 seats or more. Under the legislation, the Part 380 carriers, most of which fall under the TSA’s Twelve-Five Standard Security Program, would have 360 days to come under the new protocols.

“The Safer Skies Act will close a loophole that has allowed certain operators, like ticketed charter flights, to bypass the rigorous screening requirements that ensure the safety of all passengers. It is vital for protecting our skies and the lives of passengers and crew alike,” said Langworthy, who chairs the House Aviation Safety Caucus.

The bill comes as the TSA has proposed changes to the Twelve-Five program. “TSA recently took steps to review and amend the security protocols for public charter operations carried out under the Twelve-Five Standard Security Program and is in the process of adjudicating comments submitted by affected carriers, who are cooperating with this effort,” noted Karen Huggard, v-p of government affairs for the National Air Transportation Association. “The security record for the Part 135/380 public charter model speaks for itself, with no specific security threats identified within this segment. NATA believes any changes must be transparent, data-driven, and carried out through established regulatory processes.”

“Business aviation has an exceptional record on safety and security, so we are concerned about the introduction of this legislation, which does not appear to have a clear, data-driven basis in safety or security," agreed NBAA president and CEO Ed Bolen. "NBAA encourages government leaders to work with industry and community stakeholders on any policies that could impact business aviation, a vital transportation link to those with little or no airline service." 
 
In addition, with the encouragement of pilots and airlines, the FAA is revisiting the definitions of Part 135 for those operators flying under Part 380, as well as the possibility of additional requirements that apply to them. The pilot groups and airlines have used the term “loophole” as well when discussing Part 380 operations. They lauded the bill.

“Airline passengers should be able to board a plane and trust that they have the same level of safety and security whether they are flying into a big city or a small town. Loopholes, and the abuse of current rules and regulations, undermine a system that has made U.S. commercial aviation the safest in the world,” said Jason Ambrosi, president of the Air Line Pilots Association in the Langworthy release announcing the bill.

“Gaming the system to get a competitive leg up by putting all of us at risk can’t fly! We applaud Representative Langworthy for taking action to stop outrageous attempts to skirt safety and security requirements that were put in place following September 11th. Never again,” added Sara Nelson, president of the Association of Flight Attendants-CWA.

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House Lawmakers Move To Tighten Part 380 Security
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A group of lawmakers in the U.S. House of Representatives are moving to close what they call “critical security loopholes” for DOT Part 380 public charter operations, introducing a bill requiring such carriers to meet the same security standard as scheduled airlines. Introduced by Rep. Nick Langworthy (R-New York) alongside Rep. Marc Veasey (D-Texas), the bill—the Safer Skies Act—has already garnered 11 other co-sponsors.

Safer Skies specifically applies to Part 135 operators that fly under DOT Part 380 economic authority with aircraft with nine or more seats, do not have passengers go through security checkpoints managed by the Transportation Security Administration (TSA), offer individual seats in advance, and publicly provide available schedules, including the departure location, time, and arrival locations.

The bill comes as the TSA has proposed changes to the Twelve-Five program. “TSA recently took steps to review and amend the security protocols for public charter operations carried out under the Twelve-Five Standard Security Program and is in the process of adjudicating comments submitted by affected carriers, who are cooperating with this effort,” noted NATA v-p of government affairs Karen Huggard. “The security record for the Part 135/380 public charter model speaks for itself, with no specific security threats identified within this segment. NATA believes any changes must be transparent, data-driven, and carried out through established regulatory processes.”

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House lawmakers target what they call is a "loophole" with Part 380 security.
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