Security Policy Alert: Summary TSA Monthly Conference Call for Airport Stakeholders
February 4, 2021
This afternoon, TSA held its monthly conference call for airport stakeholders. The conference call was led by Alan Paterno, TSA's Airport Industry Engagement Manager in the office of Policy, Plans and Engagement (PPE). Following are highlights from today'™s call:
Security Directives regarding Face Mask Requirements
TSA'™s Assistant Administrator for Policy, Plans and Engagement Eddie Mayenschein addressed the recently issued Security Directives and Emergency Amendments to enforce and implement federal face mask requirements for transportation. TSA issued Security Directives (SD) and Emergency Amendments (EA) across all regulated entities, including airport operators, air carriers, foreign air carriers, full all-cargo operators, surface transportation, transit operators, maritime, and bus operators. The SDs and EAs implement and enforce the Executive Order issued by President Biden on January 21 entitled Promoting COVID-19 Safety in Domestic and International Travel which requires face masks to be worn in airports, on commercial aircraft, and in various modes of surface transportation and the related Centers for Disease Control and Prevention (CDC) Order for the requirement for persons to wear masks while on conveyances and at transportation hubs.
Mayenschein noted the devastating impact that the COVID-19 pandemic has had on the aviation industry and airport operators. He noted the efforts already in place by TSA and airport operators to mitigate the spread of the virus, including the use of personal protective equipment by employees, acrylic barriers, social distancing measures, and cleaning and sanitization efforts. He stated that the outcome and intent of the recent measures are to make sure as many people are wearing a mask as possible. He urged airport operators'™ continued efforts and cooperation in flattening and eliminating the COVID-19 curve.
Compliance and Enforcement: Joe Kris, TSA'™s Branch Manager for Compliance, stated that Transportation Security Inspectors (TSIs) have been given guidance to focus on the outcome expressed by Mayenschein: make sure as many people are wearing masks as possible. Inspectors should only get in involved in face mask compliance issues when an individual is not wearing a mask after being instructed to do so and will not leave the airport. The airport operator should report such instances as required by the SD to allow inspectors to get involved in the matter. Inspectors will pursue enforcement actions against such individuals, including a range of options from a warning notice to a civil penalty to suspension of PreCheck program privileges.
Kris further explained that TSA Compliance will be focused on the outcome and airport operators'™ best efforts to ensure individuals are wearing face masks. However, no effort is not a best effort. Inspectors may pursue a compliance investigation if the situation warrants; however, inspectors must work in close coordination with TSA headquarters and Chief Counsel if they wish to pursue any investigation of airport operator compliance with the SD. The focus will be on individual'™s compliance with face mask requirements. Kris stated that TSIs will not be the mask police but will enforce penalties on individuals refusing to comply. TSA is not willing to share the guidance provided to inspectors with airport operators. However, the agency does plan to post the range of enforcement options (warning, civil penalty, PreCheck revocation, etc.) on the public TSA web site to increase travelers'™ awareness of the federal face mask requirements and consequences for non-compliance.
Authorities and Preemption: TSA is confident that it has the authority to issue a SD to implement and enforce the Executive Order and related CDC Order. On January 27, then Acting Secretary for DHS David Pekoske issued a determination that a national emergency existed requiring the TSA to issue the SD. National emergencies are covered under the broad authorities granted to TSA under the Aviation and Transportation Security Act (ATSA) that created the agency. TSA stated that in these unprecedented times, TSA is using its broad authorities to address unprecedented threats to aviation safety and security from COVID-19 and its variants.
The SD includes language stating that the directive does not preempt any state or local laws or orders to address public health, including face mask requirements, if these requirements are equal to or more than the SD requirements and encompass all sections of the SD, including reporting requirements. In other words, airport operators can continue to enforce state or local mask requirements if they are equal to or greater than the federal face mask requirements but are still subject to other provisions in the SD, such as reporting requirements.
Alternative Measures: The SD includes a provision that allows airport operators to make a request of the Federal Security Director (FSD) for alternative measures to comply with the security requirements in the SD. The airport operator must propose alternative measures to those in the SD that meet or exceed the SD requirements. An Alternative Measure is not meant to be a means of relieving an airport operator of a security measure or reducing the scope of a measure. In other words, an Alternative Measure is not a means to inform TSA that an airport operator cannot comply with the SD but rather to propose alternative procedures to meet the requirements. TSA has received a number of Alternative Measure requests that seek relief from the SD requirements rather than proposing alternative means of compliance. TSA also reminded airport operators that Alternative Measures must first be reviewed by FSDs before being submitted to the Assistant Administrator of Policy, Plans and Engagement. TSA heavily weighs FSDs concurrence or non-concurrence with proposed Alternative Measures.
Questions: Unfortunately, TSA did not take SD related questions on the call today. TSA has formed a working group with representatives from Chief Counsel, Policy, Plans and Engagement, Compliance and Security Operations to answer questions submitted across all regulated entities and modes of transportation to ensure consistency in TSA'™s response. TSA posted the first version of the frequently asked questions to HSIN today and will be updating the document on a regular basis. Airport operators can submit questions through their FSD or local TSA staff, directly to Alan Paterno at alan.paterno@tsa.dhs.gov or through AAAE. AAAE has submitted a number of questions to TSA based on airport member feedback and will continue to do so. In addition, on the call today, AAAE urged TSA to preface the question and answer document as guidance that does not and should not override any agreements already in place between FSDs and airport operators regarding enforcement and implementation of the face mask requirements. We have heard numerous concerns that the FAQ responses regarding airport offices and escorting off-airport grounds contradict agreements already reached between FSDs and airport operators.
Outcome Focused Action Plan Program Review
TSA will host the third and final review of the Outcome Focused Compliance Action Plan Program on February 23, 2021 from 1:00'“2:30 p.m. ET. The review, which will be virtual, will look at Action Plan case studies and various metrics from the last 18 months of the Action Plan Program implementation. Airports interested in participating in the virtual review can contact AAAE'™s Colleen Chamberlain and AAAE will provide the needed information to TSA. Please express your interest in participating by February 12.
Ramp Movement
TSA is finalizing a regulatory correction regarding escorting of foreign flight crew under the 1993 FAA Ramp Movement amendment. The correction will address CHRCs and unescorted access for foreign flights crews. TSA is also working on a national ASP amendment to update and replace the 1993 FAA Ramp Movement amendment.
Centralized Revocation Database
TSA held its third and final informational briefing on the Centralized Revocation Database earlier this week and will soon post a questions and answers document based on the questions received by TSA during the briefings. The Database is now functional. The effective date of the final ASP amendment implementing the Centralized Revocation Database is April 22, 2021.
Safe Skies Update
Jessica Grizzle from the National Safe Skies Alliance provided an update on recent Program for Applied Research for Airport Security (PARAS) and Airport Security System Integrated Support Testing (ASSIST) reports.
The following PARAS documents are available for download at https://www.sskies.org/paras/reports/:
The next TSA conference call for airport stakeholders is scheduled for Thursday, March 4 at 1:00 p.m. ET. Please note the new conference call number and passcode: 1-800-857-5826 and passcode 9596778.
This afternoon, TSA held its monthly conference call for airport stakeholders. The conference call was led by Alan Paterno, TSA's Airport Industry Engagement Manager in the office of Policy, Plans and Engagement (PPE). Following are highlights from today'™s call:
Security Directives regarding Face Mask Requirements
TSA'™s Assistant Administrator for Policy, Plans and Engagement Eddie Mayenschein addressed the recently issued Security Directives and Emergency Amendments to enforce and implement federal face mask requirements for transportation. TSA issued Security Directives (SD) and Emergency Amendments (EA) across all regulated entities, including airport operators, air carriers, foreign air carriers, full all-cargo operators, surface transportation, transit operators, maritime, and bus operators. The SDs and EAs implement and enforce the Executive Order issued by President Biden on January 21 entitled Promoting COVID-19 Safety in Domestic and International Travel which requires face masks to be worn in airports, on commercial aircraft, and in various modes of surface transportation and the related Centers for Disease Control and Prevention (CDC) Order for the requirement for persons to wear masks while on conveyances and at transportation hubs.
Mayenschein noted the devastating impact that the COVID-19 pandemic has had on the aviation industry and airport operators. He noted the efforts already in place by TSA and airport operators to mitigate the spread of the virus, including the use of personal protective equipment by employees, acrylic barriers, social distancing measures, and cleaning and sanitization efforts. He stated that the outcome and intent of the recent measures are to make sure as many people are wearing a mask as possible. He urged airport operators'™ continued efforts and cooperation in flattening and eliminating the COVID-19 curve.
Compliance and Enforcement: Joe Kris, TSA'™s Branch Manager for Compliance, stated that Transportation Security Inspectors (TSIs) have been given guidance to focus on the outcome expressed by Mayenschein: make sure as many people are wearing masks as possible. Inspectors should only get in involved in face mask compliance issues when an individual is not wearing a mask after being instructed to do so and will not leave the airport. The airport operator should report such instances as required by the SD to allow inspectors to get involved in the matter. Inspectors will pursue enforcement actions against such individuals, including a range of options from a warning notice to a civil penalty to suspension of PreCheck program privileges.
Kris further explained that TSA Compliance will be focused on the outcome and airport operators'™ best efforts to ensure individuals are wearing face masks. However, no effort is not a best effort. Inspectors may pursue a compliance investigation if the situation warrants; however, inspectors must work in close coordination with TSA headquarters and Chief Counsel if they wish to pursue any investigation of airport operator compliance with the SD. The focus will be on individual'™s compliance with face mask requirements. Kris stated that TSIs will not be the mask police but will enforce penalties on individuals refusing to comply. TSA is not willing to share the guidance provided to inspectors with airport operators. However, the agency does plan to post the range of enforcement options (warning, civil penalty, PreCheck revocation, etc.) on the public TSA web site to increase travelers'™ awareness of the federal face mask requirements and consequences for non-compliance.
Authorities and Preemption: TSA is confident that it has the authority to issue a SD to implement and enforce the Executive Order and related CDC Order. On January 27, then Acting Secretary for DHS David Pekoske issued a determination that a national emergency existed requiring the TSA to issue the SD. National emergencies are covered under the broad authorities granted to TSA under the Aviation and Transportation Security Act (ATSA) that created the agency. TSA stated that in these unprecedented times, TSA is using its broad authorities to address unprecedented threats to aviation safety and security from COVID-19 and its variants.
The SD includes language stating that the directive does not preempt any state or local laws or orders to address public health, including face mask requirements, if these requirements are equal to or more than the SD requirements and encompass all sections of the SD, including reporting requirements. In other words, airport operators can continue to enforce state or local mask requirements if they are equal to or greater than the federal face mask requirements but are still subject to other provisions in the SD, such as reporting requirements.
Alternative Measures: The SD includes a provision that allows airport operators to make a request of the Federal Security Director (FSD) for alternative measures to comply with the security requirements in the SD. The airport operator must propose alternative measures to those in the SD that meet or exceed the SD requirements. An Alternative Measure is not meant to be a means of relieving an airport operator of a security measure or reducing the scope of a measure. In other words, an Alternative Measure is not a means to inform TSA that an airport operator cannot comply with the SD but rather to propose alternative procedures to meet the requirements. TSA has received a number of Alternative Measure requests that seek relief from the SD requirements rather than proposing alternative means of compliance. TSA also reminded airport operators that Alternative Measures must first be reviewed by FSDs before being submitted to the Assistant Administrator of Policy, Plans and Engagement. TSA heavily weighs FSDs concurrence or non-concurrence with proposed Alternative Measures.
Questions: Unfortunately, TSA did not take SD related questions on the call today. TSA has formed a working group with representatives from Chief Counsel, Policy, Plans and Engagement, Compliance and Security Operations to answer questions submitted across all regulated entities and modes of transportation to ensure consistency in TSA'™s response. TSA posted the first version of the frequently asked questions to HSIN today and will be updating the document on a regular basis. Airport operators can submit questions through their FSD or local TSA staff, directly to Alan Paterno at alan.paterno@tsa.dhs.gov or through AAAE. AAAE has submitted a number of questions to TSA based on airport member feedback and will continue to do so. In addition, on the call today, AAAE urged TSA to preface the question and answer document as guidance that does not and should not override any agreements already in place between FSDs and airport operators regarding enforcement and implementation of the face mask requirements. We have heard numerous concerns that the FAQ responses regarding airport offices and escorting off-airport grounds contradict agreements already reached between FSDs and airport operators.
Outcome Focused Action Plan Program Review
TSA will host the third and final review of the Outcome Focused Compliance Action Plan Program on February 23, 2021 from 1:00'“2:30 p.m. ET. The review, which will be virtual, will look at Action Plan case studies and various metrics from the last 18 months of the Action Plan Program implementation. Airports interested in participating in the virtual review can contact AAAE'™s Colleen Chamberlain and AAAE will provide the needed information to TSA. Please express your interest in participating by February 12.
Ramp Movement
TSA is finalizing a regulatory correction regarding escorting of foreign flight crew under the 1993 FAA Ramp Movement amendment. The correction will address CHRCs and unescorted access for foreign flights crews. TSA is also working on a national ASP amendment to update and replace the 1993 FAA Ramp Movement amendment.
Centralized Revocation Database
TSA held its third and final informational briefing on the Centralized Revocation Database earlier this week and will soon post a questions and answers document based on the questions received by TSA during the briefings. The Database is now functional. The effective date of the final ASP amendment implementing the Centralized Revocation Database is April 22, 2021.
Safe Skies Update
Jessica Grizzle from the National Safe Skies Alliance provided an update on recent Program for Applied Research for Airport Security (PARAS) and Airport Security System Integrated Support Testing (ASSIST) reports.
The following PARAS documents are available for download at https://www.sskies.org/paras/reports/:
- PARAS 0027 Guidance for Root Cause Analysis in Aviation Security - This guidebook provides airport personnel with a standard and systematic methodology for conducting Root Cause Analysis, along with supporting information and tools to facilitate that process. The Root Cause Analysis process presented will function as part of a larger aviation security system and can be a critical enabler of the related vulnerability management processes, such as TSA'™s Outcome Focused Compliance.
- PARAS 0028 Recommended Security Guidelines for Airport Planning, Design, and Construction - This document represents the sixth iteration of guidance for the airport security planning and design community, first issued by FAA in 1996, continued by TSA, and last published by Safe Skies in 2017. Where there is a relevant, industry-accepted and publicly available guidance document, this document will reference, summarize, and include a hyperlink to it. A second version is available with referenced guidance documents embedded to enable viewing from within the document in an offline state.
- Fence mounted PIDS system reports from work at ATL:
- SSDA'”20-021 Senstar FlexZone® Fence-Mounted Intrusion Detection System '” Hartsfield-Jackson Atlanta International Airport
- SSDA'”20-022 AgilFence Fence-Mounted Perimeter Intrusion Detection System '” Hartsfield-Jackson Atlanta International Airport
- Personnel screening system report from work at SAT:
- SSDA'”20-030 ASSIST Evaluation Report '” IPVideo Corporation ViewScan Personnel Screening System San Antonio International Airport
- SSDA'”20-030 ASSIST Evaluation Report '” IPVideo Corporation ViewScan Personnel Screening System San Antonio International Airport
- Fence mounted PIDS systems from work at Safe Skies'™ Perimeter Test Facility:
- SSDA'”20-023 ASSIST Evaluation Report Integrated Security Corporation Hydra Asset Protection System Safe Skies Perimeter Test Facility
- SSDA'”20-024 ASSIST Evaluation Report Integrated Security Corporation Infinity 2020 Perimeter Intrusion Detection System
The next TSA conference call for airport stakeholders is scheduled for Thursday, March 4 at 1:00 p.m. ET. Please note the new conference call number and passcode: 1-800-857-5826 and passcode 9596778.
