Changes to TSA Waiver Program Now in Force

In mid-December 2015, the FAA issued updated regulations for TSA Waivers for aircraft under 100,309 lbs (45,500 kg) MTOW with NOTAM 5/6289. Following great concerns from operators regarding previous exemptions for “portal countries” no longer reflected in the updated regulations, the FAA released NOTAMs 6/4255, 6/4256 and 6/4260 to reinstate the previously granted special considerations. We have broken down the major points released in these regulatory changes below:

TSA Waiver NOT Required:
  • Foreign registered aircraft with a MTOW under 100,309 lbs (45,500 kg) operating to two or more points in the U.S. will not require a TSA Waiver.
  • Foreign registered aircraft with a MTOW under 100,309 lbs (45,500 kg) registered in the “Portal Countries” of Canada, Mexico, the Bahamas, Bermuda, Cayman Islands, and the British Virgin Islands, overflying U.S. territorial airspace departing out of any one of these “Portal Countries” will not require a TSA Waiver.
TSA Waiver IS Required:
  • Foreign registered aircraft with a MTOW under 100,309 lbs (45,500 kg) registered in one of the U.S. State Department Special Interest Countries of Cuba, Iran, North Korea, China, Russia, Sudan and Syria will require a TSA Waiver in all cases.
  • Foreign registered aircraft with a MTOW under 100,309 lbs (45,500 kg) ONLY overflying U.S. territorial airspace with NO stops in the U.S. will require a TSA Wavier.

Please Note: Previous TSA Waiver requirements for foreign registered aircraft with a MTOW over 100,309 lbs (45,500 kg) have not changed with the regulatory changes released in these NOTAMs.

For additional requirements for aircraft over 100,309 lbs., refer to NOTAMs 5/5782 and 5/5806.

PDF copies of the original FDC NOTAMs are available on the FAA website.

For additional information, contact World Fuel | Colt Regulatory Services.

The information provided is based on current information at time of publication and may be subject to change.
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