TRANSPORTATION SECURITY ADMINISTRATION

The United States Transportation Security Administration’s (“TSA”) mission is to “protect the nation’s transportation systems to ensure freedom of movement for people and commerce.”

  1. Indirect Air Carrier – Within TSA’s jurisdiction is to regulate indirect air carriers (“IAC”). An IAC refers to any person or entity within the United States, not in possession of a Federal Aviation Administration air carrier operating certificate, which undertakes to engage indirectly in air transportation of property and uses for all or any part of such transportation the services of an air carrier. Each indirect air carrier must adopt and carry out a security program that meets current TSA requirements and is renewed annually.Our firm assists with the application for the IAC program and ensure that you maintain good standing with the TSA.
  2. Letter of Investigation – A letter of Investigation (“LOI”)is issued by TSA when there is a reason to believe that a violation may have occurred. These investigations can result in penalties and fines. The recipient of the LOI will have an opportunity to file a response. Thereafter, the TSA can do one of the following: (1) take no action; (2) take administrative action; or (3) take legal action.A Notice of Proposed Civil Penalty may be issued whereby TSA will allege the violation an entity has violated, indicate the proposed civil penalty amount, and provide options with respect to the Notice. Our firm assists with which option best suits the clients matter and works to mitigate the penalty to the lowest amount possible under the circumstances.
  3. HME and TWIC Waiver –Pursuant to 49 C.F.R. 1515.7, TSA provides for a waiver opportunity where an applicant of Hazmat Endorsement (“HME”) or Transportation Worker Identification Credential (“TWIC”) has a criminal history. A waiver response to TSA includes:
    • The circumstances of the disqualifying act or offense.
    • Restitution made by the applicant.
    • Any Federal or State mitigation remedies.
    • Other factors that indicate the applicant does not pose a security threat warranting denial of the HME or TWIC.

Our firm assists with the appeals process and submits waivers on behalf of our clients.

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