Tuesday, August 23, 2011

Newsletter Week of Aug. 21st

This Week, New Passenger Protections!

New DOT Ruling Takes Effect

TSA Security Committee Blunder

TSA Cargo Screening Procedures

Social Networking Reminder

New DOT Ruling Takes Effect

DOT LogoToday, August 23rd, new Department of Transportation (DOT) rules will make air traveling a little bit easier. A year of fighting has paid off, and our new rulemaking will essentially be implemented!

  • International flights will come under the Tarmac Delay Rule (although with a four-hour limit)
  • Bumping fees will double
  • Carriers will have to publish all fees for their optional services

However, the DOT has bowed to airline pressure and delayed other elements of their rulemaking, including

  • Requirements to publish all fees and taxes as part of the fare
  • Rapid passenger notification of flight status changes
  • Requiring airlines and ticket sellers hold reservations for 24 hours before requiring purchase have been delayed until January.

We achieved many of our goals, at least at the DOT rulemaking level, but this decision underlines the need for us to stay in the fight and stay vigilant! Help by donating to FlyersRights.org or to our 501(c)3 arm, the Flyers Rights Education Fund.

TSA Security Committee Blunder

In the wake of the Pan Am Flight 103 tragedy, the Federal Aviation Agency formed anAviation Advisory Security Committee, to "develop recommendations for the improvement of methods, equipment, and procedures to improve civil aviation security." When the TSA was formed after 9/11, responsibility for civil aviation security was transferred to that agency. The committee operated under the TSA until late 2006, when it was discontinued.

On July 7th, the TSA published notice in the Federal Register that they intended toTSA Funny Logoreestablish the committee. The notice listed several "constituencies" that would be represented on the committee, among them "aviation consumer advocates."

We wrote to the Department of Homeland Security (DHS) on July 20th, seeking information on the aviation consumer advocate position. Quite honestly, who would be a better aviation consumer advocate than Kate? She was more than willing to once again serve in that role on a government committee, as she did on the DOT's 2008 Tarmac Task Force.

After a fifteen-day delay, Dean Walter of the DHS responded "At this time we do not have any vacancy in the Aviation Consumer Advocate constituency group, where FlyersRights.org would best fit." We then asked who was filling the position, and Mr. Walter replied "At this point we cannot release that information."

We were not the only advocates ignored (but we're the most effective). Kate provided a list of advocates to Smartmoney.com's author, Quentin Fottrell, who asked the other advocates and learned that they were also excluded.

So DHS created and filled a committee in less than a month, and we are excluded from that committee. Coupled with that is their unwillingness to meet with Kate, Ralph Nader, and EPIC's Marc Rotenberg to discuss the American public's concern with their security methods. Clearly, this committee was filled with members who will not offend anyone in DHS, and will not act as a true voice for airline passengers.

TSA Cargo Screening Procedures

We have long argued that the cargo carried under our feet on airliners is at least as big aAir Cargothreat as is a mom with two kids. Although they seldom acknowledge airline traveler concerns, the TSA has for years been working on what they call the Certified Cargo Screening Program, in response to a congressional requirement"...that all cargo transported on a passenger aircraft be screened for explosives as of August 1, 2010."

It is now August, 2011, and the American Association of Airport Executives (AAES) reports that the TSA has issued their final rule on cargo screening. According to the AAES Newsletter,

The effective date for the rule and deadline for any comments to the docket is Sept. 19.

According to TSA, the rule will:

  • Enable parties other than aircraft operators to screen the cargo that is transported on passenger aircraft to meet the 9/11 mandates.
  • Provide the regulatory requirements for facilities participating in the CCSP, such as qualifications of screening personnel, security threat assessments (STAs), adoption of security programs and cargo screening procedures.
  • Impose new requirements on U.S. aircraft operators and foreign air carriers with respect to the cargo screening and enable acceptance of screened cargo from CCSFs.
  • Establish a system to authorize TSA-approved validators to perform assessments of CCSFs.
  • Expand existing STA requirements to encompass STAs for certain personnel of certified cargo screening facilities and approved validation firms and establish a five-year renewal cycle for all cargo personnel required to have STAs under 49 CFR 1540.203
  • Amend the list of biographic information that applicants and operators must provide TSA, so that TSA can conduct more efficient threat assessments. In addition, the rule adds provisions to facilitate the use of comparable threat assessments in place of the assessments that TSA otherwise requires.

Social Networking Reminders

Facebook LogoFor the very latest in airline passenger rights news, Facebook users can "like" the FlyersRights Fan Page. Also, please check in on our Flyers Rights Education Fund Cause Page. As our new 501(c)3 arm grows, your support of the Cause page will give us increased visibility on the web, spreading the word on airline passenger rights issues. Please also "Take a Minute" to generate money for the C3.

Twitter fans can also follow us on Twitter.Twitter Follow

Our Social Networking Coordinator is doing a great job "feeding" these new ways to keep you informed on the latest news.


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