Under the FAA’s plan to dismantle the BARR program, a “Certified Security Concern” must be submitted to the FAA by July, 5, 2011 in order to maintain N-number blocking after the FAA/Subscriber Memorandum of Agreement Amendment (“MOA”) is effective August 2, 2011. According to the MOA, an aircraft owner or operator will have to certify that it has a valid security concern by either demonstrating a generic factual justification for a specific security concern or showing that it meets the Treasury requirements of 26 C.F.R. section 1.132-5(m) for a business-oriented security concern in order to have its N-number blocked.
A business-oriented security concern requires the aircraft owner or operator to show that the facts and circumstances establish a specific, rather than a generalized, basis for concern regarding the safety of the employee. The regulation lists examples such as a “threat of death or kidnapping of, or serious bodily harm to, the employee or a similarly situated employee because of either employee’s status as an employee of the employer” or a “recent history of violent terrorist activity (such as bombings) in the geographic area in which the transportation is provided.”
The aircraft owner or operator may establish a bona fide business-oriented security concern satisfactory to the FAA by submitting a written certification consistent with Section 1.132-5(m) that is signed by an appropriate company official. The certification may request a period in excess of 12 months, but a new certification supporting the security concern will need to be filed before the expiration of the then-current 12-month period in order to avoid a lapse. The certification may be sent to the FAA via e-mail or U.S. Mail.
If you have questions regarding the certification required, you may contact Barry Davis, U.S. Department of Transportation, FAA System Operations Service Unit, Programs Directorate, ATO-R, barry.davis@faa.gov.
