LASP - Comment period closes 2/27 don't forget privacy concerns

Arnold

Arnold

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Arnold
Hi folks, I know there are two other threads on this subject but they have not been updated all that recently and are quite long. I wanted to be sure the message does not get lost in the prior discussions.

There are many things wrong with the LASP NPRM, including issues of privacy. The privacy impact assessment can be found here: http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_tsa_largeaircraft.pdf

17 pages pdf size 256KB.

This is another obfuscatory document with many wholes. For example section 1.7 is titled: 1.7 Privacy Impact Analysis: Given the amount and type of data being collected, discuss what privacy risks were identified and how they were mitigated.

The section contains no discussion of the privacy risks and how they are mitigated.

The privacy impact statement is addressed only by reference in the rule, but it should be fair game for comment in the context of the rule.
 
Commenting Information:

The rule making can be found here:http://www.regulations.gov/fdmspublic/component/main?main=DocumentDetail&o=0900006480784e85

This also explains how to comment.

I cut and pasted into my word processor the text from the html version of the rule and it runs to 141 pages in courier font 10. Most people are not going to read this, I have read it in its entirety, many portions twice.

As the alphabet organizations have all noted this is a terrible rule. In fact no matter what your political beliefs are you will find many aspects of the rule making truly objectionable. TSA is an equal opportunity offender.

I am asking everyone who has not done so to draft and submit comments in opposition. Some things to note:

A comment that simply says this is terrible and uses similar general language will be easily dismissed by the TSA attorneys as too vague to warrant a response.

A comment that compares aviation to other modes of transport will likely be dismissed by TSA attorneys as not relevant since this rule applies only to aircraft.

Don't copy other people's comments - unless it is the only thing you will be able to do. The identical comment sent my numerous individuals, either individually or as a "sign on" letter will generally be treated as one comment and while TSA is unlikely to explicitly dismiss the importance of the comments however I've seen other agencies dismiss these types of comments implicitly by suggesting that it is part of an organized campaign and therefore somehow not representative of the public at large.

Be as specific as possible. Object to as many parts as you wish but do so specifically and explicitly. Example - Not accorded much weight - "The economic analysis is incomplete." Probably accorded more weight - "The economic analysis fails to properly consider the time flight department personnel will need to implement and maintain the program by underestimating training, recurrent training, administrative burden and expenses for audits and fails to properly define employee the hourly cost which is substantially greater than that used."

While the alphabet organizations have submitted very general comments requesting the formation of an advisory committee, there is no assurance that one will be formed and no legal requirement for the TSA to do so.

There is no way to know where the Obama administration will be on the spectrum of privacy v security, but based on their willingness to bash aviation and other actions it may be much closer to security than I, and many of you, would like.

Lastly, the effect of the DHS going to the President and saying that "this is essential to our safety and any delay could result in catastrophic consequences" is not yet known, but it is a sure bet they will try it.

Please everyone, take an hour out of your day the next few days and comment. It need not be comprehensive, cherry pick a few of the regulations you find most offensive and deal with them in a calm and logical manner.

Thank you.
 
Attached is the section out of the comments I submitted that addressed privacy and record retention.

Major issues include:

- TSA is proposing that GA records be retained for 3 years while under their much touted "Secure Flight" program, TSA will retain airline passenger records for only 7 days.

- The government won't keep the records around but expects a private concern to do so.

- The records kept by private concerns would be available tof law enforcement.

- The records could be used in civil procedings.
 

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Nice job

Oh Dear, I use the phrase petently absurd as well, its is hard not to with so much absurdity about.
 
I submitted my comments today...

I'm a private pilot in North Carolina, flying a small single-engine aircraft out of a class C airport. I already have to comply with the security measures inherent in operations at such an airport, but that is by choice.

The imposition of the proposed security measures at smaller GA airports would be like taking the same procedures for getting into the White House and requiring them for a trip to the grocery store. It wouldn't make sense, as there's never been a demonstrated need for that level of security at the local Food Lion. And there hasn't been a demonstrated need for the LASP security at small GA airports.

GA airports are already struggling, and the businesses that depend on them are struggling as well, as a result. Imposition of stringent and unnecessary security measures - which would have to be paid for by those struggling airports - could well be the straw that breaks the camel's back. Many, many pilots have said that they will simply stop flying if it becomes as expensive as we fear because of these unnecessary and additional burdens. Enough people fly GA to make it the largest "airline" in the country - I canNOT understand how it could ever make sense to destroy an entire industry for the sake of "protection" against a thread that simply does not exist.

A ten year old pickup truck is capable of carrying much more explosives, providing much greater explosive and kinetic damage than any lightweight GA aircraft, made of soft, crumple-able aluminum. But it's the GA aircraft that will be overly-controlled and regulated, should airports be required to maintain this level of security. Pilots - who have NEVER been shown to be any sort of security risk - will be forced to jump through expensive and time-consuming hoops that are as invasive of privacy as they are unnecessary - and make no mistake about it, the proposed measures ARE unnecessary.

I am totally opposed to this measure and see it to be nothing more than a useless imposition of needless regulation that will cause much more financial harm than whatever "public protection" good it might accidentally accomplish.
Click to expand...
 
During a conversation with the head of an aircraft management company last night, he pointed out the lunacy of some of the provisions. If, for example, Tiger Woods' airplane contains a baggage compartment accessible while in flight (it does) then he can't travel with his golf clubs because by definition they are dangerous weapons.
 
The idiocy continues...

As does "change." And, it started in 2002 under the guise of "security."
 
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Why do you have to stick gratuitous political slams into this??? :rolleyes: Like Obama was the one in charge of this paranoid security frenzy in the first place. Sheesh. :mad:
 
etsisk said:
Why do you have to stick gratuitous political slams into this??? :rolleyes: Like Obama was the one in charge of this paranoid security frenzy in the first place. Sheesh. :mad:
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It's not about Obama. The change is happening all on its own with only the TSA. They were turned loose back in 2002 and have all the authority they need to erode our liberties. It's simply coming down that much worse on pilots.

My earlier statement is modified.
 
My political leanings are well known...but I'll confine my remarks here to saying that the one bright spot I saw from the last election was that, just maybe, the new administration would put a leash on the TSA. The quote from the inauguration speech in Kent's signature reinforced that hope. So far, it ain't happening.
 
KennyFlys said:
It's not about Obama. The change is happening all on its own with only the TSA. They were turned loose back in 2002 and have all the authority they need to erode our liberties. It's simply coming down that much worse on pilots.

My earlier statement is modified.
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My apologies for the misunderstanding, Ken.
 
etsisk said:
My apologies for the misunderstanding, Ken.
Click to expand...
No problem. My apologies for not being more clear. At the time of the post, I had just landed after making an approach that seemed more like scud running. That followed five hours sleep and getting up at 0515 for a lesson. I was coffee-deprived.

Now, I'm here late at night. Why? I'm working through some of the training requirements for SEVIS as administered by Immigrations & Customs Enforcement. It never ends! :mad2:
 
as a follow on to the steve tupper link above, I just received this email

-------------------------------------------------------------------------------------------------
In addition to the other messages sent to the list this evening...

Steven Tupper, of "Airspeedonline.com" and Podcast "fame", has penned
the most eloquent letter I've seen in protest to the TSA's NPRM
pertaining to the Large Aircraft Security Program (LASP) that I've
heard or seen yet. Straight from the heart of a die-hard Aviation
enthusiast.

As he says, no need to "pull punches" like our Alphabet Soup
organizations must, in order to survive the backlash of government.
This comes straight from his (and my) heart.

Here's the text of a message I sent to friends, family, non-aviation
"people", and flying enthusiasts alike, tonight.

Mr. Tupper needs YOUR response to add to his letter by mid-day
TOMORROW. Please pass this around.

Nate

-----

Folks, I am not a spammer by trade or by choice in normal
circumstances, but I BEG of you to please read this.

If you are even a SMALL enthusiast of Aviation, Aerospace or anything
related to breaking the surly bonds of earth and reaching skyward,
PLEASE take a moment, I beg of you.

To my friends and members of:

Boulder, CO Linux Users Group
Colorado Linux Users and Enthusiasts
Rocky Mountain VHF+ Amateur Radio Group
Colorado D-STAR Association
Grand Mesa Contesters of Colorado
Amateur Radio Satellite Corporation and Mailing List
Repeater-Builder Mailing List
MIT PIC Microcontroller Mailing List
Yaesu FT-857 Mailing List
VHF Contesting Remailer Mailing List
The Internet Radio Radio Linking Project
The D-STAR Digital List

And other friends and acquaintances who will receive this message
privately... and anyone you care to forward it to...

Tonight on my way home I fired up my iPod to listen to a podcast by
well-known and very well-spoken Steven "Force" Tupper, an aviation
enthusiast from Michigan. What I heard chilled my heart to the bone.

The TSA under the auspices of "Homeland Security" has floated a
proposal to restrict and in my opinion, DESTROY numerous legendary
aircraft, by limiting their use so heavily that you will never see
them in the skies over America again. While this may sound
"alarmist", please trust me, it's not.

You all know me, and know that I can write well, expressing my
concerns with politics, living, and even the banal things of life in
words, fairly well -- but I can not possibly top the writing of Mr.
Tupper.

Even more eloquent is his VOICE in his podcast, where he perfectly
expresses the frustration, and sheer TERROR that the TSA itself has
brought down on the United State's Aviation community with the
proposal they've recently released, inappropriately entitled, the
"Large Aircraft Security Program", or LASP.

For the best and most intelligent commentary I've heard on the topic
to date -- PLEASE ... LISTEN to his podcast at:

<http://media.libsyn.com/media/airspeed/AirspeedLASP.mp3>

You really must just hear... his voice. I do hope his server can
handle an onslaught -- if it can't, wait, and listen later.

(I fully intend to help him with the costs associated with
distributing his podcast if he needs it this month, it's just that
important. Steve, please let me know if you need assistance. I have
worked in data centers and web-based businesses, and I understand that
publishing these things online to large numbers of people, is NOT free.)

It's just over 30 minutes in length, and he NEEDS YOUR SUPPORT -- even
if you are NOT a pilot. He gives instructions in the podcast.

If you honestly do NOT have time to listen, at least READ and RESPOND
to his letter in response to the TSA's Notice of Proposed Rulemaking.
He needs your input by TOMORROW. The entire text of his podcast is
also available at the link below, if you read faster than you listen
-- so to speak.

<http://airspeedonline.blogspot.com/2009/02/large-aircraft-security-program-capt.html
>

If this non-legislative rule change comes to pass, you and your family
may never SEE many historical aircraft or have an opportunity to
purchase a RIDE in any classic "warbird" aircraft in the skies over
America ever again. The rule is BROAD and affects modern aircraft
also, but the aircraft we will miss the most, are the ones of our
history that tell our story as a country.

To NOT take action and RESPOND means that you've let a small group of
tireless aviation historians, restoration specialists, mechanics,
pilots, and everyone who's ever watched an airshow with aircraft from
the classic Warbird fleet down. WE NEED YOUR SUPPORT.

PLEASE read or listen. Mr. Tupper explains it far better than I
possibly can. The TSA's proposal adds NO security to our nation
whatsoever. It's simply government run amok.

Here's a list from Mr. Tupper's website, of aircraft that I personally
believe you will RARELY see in the skies of America again, if the
TSA's "LASP" passes into being without even so much as a single
legislator overseeing it, and little to no due-process available to
anyone who violates it.

Aircraft and Max Takeoff Weight (Varies within Type)
Boeing B-17 Flying Fortress - 65,500
Chance Vought F4U Corsair - 14,449
Consolidated B-24 Liberator - 65,000
Curtiss C-46 Commando - 48,000
Curtiss SB2C Helldiver - 16,800
Douglas A-26 Invader - 35,000
Douglas DC-3/C-47 Skytrain/Dakota - 31,000
Douglas B-23 Dragon - 32,400
Fairchild C-119 Flying Boxcar - 64,000
Fairchild C-82 Packet - 54,000
Ford Tri-Motor - 13,500
Grumman AF-2S Guardian - 25,500
Grumman Avenger - 17,893
Grumman F6F Hellcat - 15,415
Grumman F8F Bearcat - 12,947
Grumman HU-16 Albatross - 33,000
Grumman G-73 Mallard - 12,750
Junkers Ju 52 - 24,200
Lockheed C-60 Hudson - 18,500
Lockheed L-18 Lodestar - 17,500
Lockheed PV-2 Harpoon - 31,077
Lockheed T-33 - 15,100
North American B-25 Mitchell - 41,800
North American P-82 Twin Mustang - 25,591
PBY-6A Catalina - 64,450
Republic P-47 Thunderbolt - 17,500

You may not be a pilot, you may not even care about ANY aircraft --
but if you care about the pilots who fly them, the mechanics who
wrench on them, the crowds at hundreds of airshows across the country
who see them, and the thousands of thousands who lived their lives
building an American legacy in Aviation -- one of our best legacies
ever -- please follow Mr. Tupper's request, and add your name to the
list of people who AGREE with him in his response to the NPRM sent out
by the TSA.

I, like you, am a busy person -- I had other things to do tonight. I
would much have preferred an enjoyable evening pursuing other things.
Hell, I would rather have just forwarded you all a few jokes or stayed
"on-topic" on our favorite mailing lists, but I can not sit by idle
and watch this come to pass.

Mr. Tupper needs your support no later than mid-day tomorrow, please
listen, read and RESPOND.

Thank you for your time, and I apologize if this is FAR off-topic for
some of the mailing lists you all know me from. Some lists, it's more
on-topic than others. This is so aggregious, so saddening, so
frustrating, that I just HAD to share. Like Mr. Tupper -- I'm trying
hard to keep this message "PG Rated". VERY hard.

I just can't think of any more caring, thoughtful people in all of the
other hobbies and passions of my life to share this critical
information with, and to BEG for your support of Mr. Tupper's letter
in response to the TSA. Mr. Tupper also points out that the rule
isn't far from encompassing other iconic aircraft, and says that if
the TSA enacts this rule and LOWERS the weight limitations low enough
to encompass such iconic aircraft as the North American P-51
"Mustang", then... as he so eloquently puts it:

"Be very careful. You might get away with decimating other grand dames
of the skies, but every redneck, suit, line worker, banker,
lumberjack, lawyer, cop, fireman, landscaper, fast-food cashier, and
child able to stand recognizes the mighty P-51 Mustang. Not that
aviation would fail to miss the other aircraft that the TSA would so
cavalierly tear from the sky, but at least we have the P-51 Mustang
still guarding the 12,100-pound boundary."

Thank you deeply from the bottom of my heart if you take the time to
listen or read, and especially if you will send your full name as a
U.S. Citizen to Mr. Tupper with your comments.

Aviation is one of my deepest passions, and I can't imagine that even
the most disinterested person in Aviation would let these great ships
of our past be virtually banned from our skies in a single powerful
and misguided attempt at "security" over liberty, in this great country.

Enjoy the rest of your evening in peace, please help, and thank you
again.

--
Nathan Duehr, nate@natetech.com

Private Pilot, Single-Engine Land (since 1991)
Aircraft Owners and Pilot's Association Member (since 1992)
Amateur Radio Extra-Class Operator (WY0X - since 1991)
Current President, Colorado Repeater Association
Former Secretary, Colorado Council of Amateur Radio Clubs
Former Member, USAF Auxiliary - Civil Air Patrol
Linux, Electronics, and RF enthusiast ...
... Or however else you know me.


You have received this e-mail as a subscriber to the ColoradoFlying@ColoradoPilots.org e-mail list. To unsubscribe, simply reply with "unsubscribe" in the Subject Line. See our website for more info. Any messages posted here are not reviewed for accuracy, nor do they necessarily reflect the views of the Colorado Pilots Association.
 
Submitted my comments, as follows. I named a few of you fine folks, hope you don't mind.

February 27, 2009
Department of Homeland Security
Transportation Security Administration
Docket Management Facility
1200 New Jersey Ave. SE
Washington, DC 20590-0001

Comments of Kent G. Shook regarding Docket # TSA-2008-0021, Large Aircraft Security

Ladies and Gentlemen,

I am writing to register my comments in opposition to Docket # TSA-2008-0021, the Large Aircraft Security Program, Other Aircraft Operator Security Program, and Airport Operator Security Program. I will hereinafter refer to the entire proposal as the “LASP.”

It troubles me to see the United States government proposing a set of rules that will cause a proliferation of bureaucracy at a time when our government can ill afford it; impose expensive and onerous requirements on states, counties, and municipalities across the country; severely affect the nation’s transportation system and economy; deal a potentially fatal blow to one of the few remaining industries in which the United States remains a clear world leader; and decimate our strong general aviation community; all in the name of security which the proposal will not achieve. In fact, I believe the LASP will actually be detrimental to aviation security.

Between banking and automotive industry bailouts, economic stimulus packages, wars, and a long-standing proliferation of government programs, the government is already spending an increasing amount of money that we do not have. This particular proposal, by the TSA’s own estimation, will costs hundreds of millions of dollars. This expenditure will have no positive effect on the safety and security of the United States or its citizens, as detailed later in this document.

The federal government is not the only government that is in dire financial straits. State, county, and municipal governments have also been suffering from ever-tightening budgets and the recent economic downturn. These are the entities that operate publicly-owned airports. Much of the large cost of the LASP is inflicted upon these entities. In turn, they will need to cut more essential programs as well as impose higher costs on the users of their respective airports, leading to a spiraling progression of lower utilization and ever higher fees, strangling an important segment of our nation’s transportation infrastructure and strangling the economy further.

The detriment to the United States economy caused by putting this stranglehold on our aviation industry cannot be ignored. General Aviation (“GA”) employs 1.3 million people and generates $150 billion in economic activity each year. The jobs range from pilots, dispatchers, and mechanics to airport operations staff, fuelers and other ground crew, to salespeople, engineers, and factory workers. While many of the core industries of the United States have moved overseas, the aviation industry remains very strong right here in the United States. It’s not just Boeing: Cirrus in Duluth, MN; Piper in Vero Beach, FL; Gulfstream in Savannah, GA; Eclipse of Albuquerque, NM; and Cessna and Hawker Beechcraft, both of Wichita, KS each delivered over $100 million worth of airplanes apiece in 2007 and all have multiple additional manufacturing facilities in the United States. In addition, Mooney of Kerrville, TX; Maule of Moultrie, GA; American Champion Aircraft of Rochester, WI; Aviat Aircraft of Afton, WY; CubCrafters of Yakima, WA and others represent many millions of dollars more. There are countless other American workers developing parts and structures for these manufacturers as well as supplying foreign aircraft manufacturers. The cost of the LASP will be felt by all of aviation, and have direct and dire economic consequences on these aircraft manufacturers, flight support businesses, repair businesses, and countless other non-aviation industries such as health care, agriculture, and business; and in turn the United States economy as a whole. We absolutely cannot afford this program! In fact, Eclipse Aviation is now undergoing a Chapter 7 bankruptcy liquidation process; Cessna, Cirrus, and Hawker Beechcraft have each laid off thousands of workers, and Piper is shortening work weeks and eliminating some work weeks entirely in an effort to stay afloat. The world’s current economic condition has caused this, but the grave consequences of the LASP will likely put most of these American manufacturers out of business and severely cripple the rest.

It is clear that the TSA does not understand what an important piece of our transportation system General Aviation is, or what its full scope is. “GA” encompasses all aviation that is not military or airline. Many outside the industry, yourselves included, seem to be under the impression that GA is represented only by rich people flying the oft-maligned business jet. This could not be further from the truth. Business aviation, which is represented not only by jets but by all sizes of airplanes down to two and four seat single-engine propeller-driven airplanes as well, has many legitimate and cost-effective uses. For example, Custom Service Solutions of Brockport, NY hires specialized service technicians who are also pilots so they can quickly cover a wide territory, allowing them to efficiently serve more clients by saving travel time. Another example is a dentist from Illinois who used his airplane to go to meetings in Minneapolis, MN and New Orleans, LA on the same day; he was away from home for only 24 hours and did not miss any clinic time. These types of operations are but a small example of the variety and utility of business aviation.

In addition to business aviation, General Aviation has many other aspects. GA includes the volunteers who fly patients in need to far-away destinations for medical care free of charge, often on airplanes that would be directly affected by the LASP. GA includes the crop-dusters that improve our farmers’ crop yields by 50% - For example, the Air Tractor 802 with its gross weight of 16,000 pounds which is also used for aerial firefighting. Are you going to set up security checkpoints in the small forward strips on farm fields and near forests where these aircraft are used? Are you going to let fires consume the homes of US citizens while you check the aerial firefighters’ US Citizen pilots to ensure they won’t hijack themselves? Hopefully it is becoming apparent how ridiculous this proposal is.

In addition to the aviation operations directly affected by the LASP, the costs will filter down to operators of smaller aircraft; In fact, I expect that after the infrastructure needed for the LASP is implemented that the TSA will attempt to impose identical restrictions on all aircraft. This “divide and conquer” technique is frequently used by governments attempting to impose their will on the people, as only a few people at a time will be squawking loudly. So let’s take a look at who else this program will effect immediately: Diana, who offers free airplane rides to kids at a local school district in Missouri who complete the Mark Twain Reading Program, reading 20 books apiece. The number of kids completing the program has increased 700% since she started offering airplane rides to the finishers! Ted and Jay, who both fly animals due to be killed due to lack of shelter space to homes several states away eager to adopt them. Derek Lott, who in the aftermath of Hurricane Katrina, flew medical supplies and food to his grandmother while trucks were kept away by debris on the roads. In fact, the aftermath of Katrina gives lots of examples of the strength we have in this country by virtue of our strong GA community: While FEMA foundered and citizens suffered, hundreds of volunteer aircraft flew food, water, and medical supplies into the affected region and flew evacuees out. A 60-year-old Douglas DC-3 (gross weight 31,000 pounds) belonging to the Commemorative Air Force was put into service bringing supplies. Volunteer pilots continued their work well after the hurricane, continuing to bring in supplies and reuniting families separated by hundreds or thousands of miles during the evacuation process. I could go on and on, but suffice it to say that this is just one of countless advantages of having a strong GA system in the United States. The oppressive costs that must be borne by local airports under the LASP will be passed on to pilots via increased landing fees, increased hangar rent, increased fuel prices, and any other method that airport managers and advisory boards can think of to stay in the black. The costs of flying are already cripplingly expensive; these volunteers are spending at a minimum $100 per hour and, in most cases, well more than that. We are not rich; in fact, most pilots make significant sacrifices in other areas of their lives already so that they may afford to fly. Having these additional costs and requirements foisted upon us by the LASP will dry up the pool of available pilots for these missions.

Finally, the goal of security that the LASP is purportedly designed to achieve cannot be attained through the methods stated in the proposal; if anything, the effect of the LASP on security will be detrimental. First of all, even the largest aircraft affected by this proposal are incapable of delivering significant destructive power. For example, the Gulfstream G550 has a maximum gross takeoff weight of 91,000 pounds, yet is capable of carrying only 6,200 pounds of payload. These airplanes also require a lot of training to even be able to get to a runway, much less take off, navigate, and maneuver. Existing security programs also make them difficult to get to. A normal 18-wheel semi, however, is capable of carrying around 47,000 pounds of payload legally and is quite capable of carrying much more than that, can easily be operated by nearly anyone, and can easily be found for rent or stolen at tens if not hundreds of thousands of locations where they are parked nationwide. On the other hand, aircraft must be parked at airports. Remember that strong GA community? We are watching our airports. In the wake of September 11th, 2001, the Aircraft Owners and Pilots association instituted a program called Airport Watch wherein pilots function much like your neighbors in a Neighborhood Watch program. Airport Watch has already helped to apprehend a pair of potential terrorists at the St. Louis Downtown Airport; luckily they turned out to be NBC News reporters attempting to show how “bad” GA airport security is. If you continue in the unattainable quest for absolute security, the people who keep a watch on airports for you, free of charge – the pilots – will be staying home, making it that much easier for a terrorist to actually do what you are supposedly attempting to stop with the LASP.

GA pilots desire aviation security more than anyone. We will be your allies in smart security measures such as Airport Watch, but we will fight you every step of the way when we are fed such bureaucratic nonsense as the current LASP. It is a proposal that the General Aviation industry, its workers, and the industries and workers it supports cannot tolerate; it is a proposal that our economy cannot tolerate; and it is a proposal that any freedom-loving American cannot possibly tolerate. Thus, I oppose the LASP as currently proposed in its entirety and I urge you to reject it immediately and in full.

Respectfully submitted,

Kent G. Shook
Middleton, WI
 

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