No End In Sight To VIP TFRs

 - October 15, 2015, 10:53 AM

Three years ago, NBAA faced one of the most difficult security scenarios to affect its convention. President Obama, hoping to make a last-minute appeal to Floridian voters before the November election, had planned to fly into Orlando on the eve of the late-October NBAA Convention. The event threatened to curtail access to Orlando Executive Airport–site of the static display for the convention–in the two days leading up to the big event.

NBAA worked closely with the FAA and security chiefs to minimize the impact, and shortly before the event, the temporary flight restriction (TFR) was curbed to about a 24-hour period. Several hours into the TFR, it was cancelled. Hurricane Sandy and other pressing needs in Washington forced President Obama to cancel the scheduled trip to Orlando.

The TFR served as a sharp reminder of the uphill battle business aviation continues to face with the so-called “pop-up” or “VIP” TFRs. “That was one for the record books,” recalled NBAA COO Steve Brown. But he added that TFRs remain problematic for the industry. “We know that there’s plenty to work on [with TFRs].”

The ultimate goal is to ensure access to airports and/or fly-through TFRs, he said. The business aviation community has offered numerous proposals, incorporating various security programs and/or protocols, to gain access. But, Brown said, “We’ve had only limited success.”

Incremental Improvements

That’s not to say there hasn’t been some improvement, he added. “It’s gotten a lot better over time.” The improvements have been incremental, such as shorter duration, narrower in scope and sometimes less encompassing.

The FAA, which issues TFRs in concert with requests from security agencies such as the Secret Service and/or Transportation Security Administration, said it “continues to work with its government, industry and general aviation partners to provide maximum access to America’s airspace while also enabling critical homeland security, national defense and law enforcement operations.”

The agency cites collaboration on concepts such as gateway screening procedures and earlier notification as among the efforts it uses to minimize TFRs. “Striking the right balance between airspace access and airspace security remains one of our top priorities,” the FAA said. But while the FAA issues the TFR, it might not be free to limit the restriction or provide relief. The business aviation community, even operators vetted through programs such as Twelve-Five or the DCA Access Security Program, still do not have the same access as commercial carriers. “We are not there yet,” Brown said.

While the FAA regulates airspace access, most of the TFR conversations involve law enforcement, which is more focused on security than guaranteeing access. Turnover at those agencies requires a constant education effort, Brown noted. While the dialog doesn’t change, “it lengthens” every time a new person steps into a key law enforcement position.

The community still grapples with expansive TFRs such as the one put in place for the recent papal visit, involving a 30-mile restricted access radius and gateway requirements and/or prohibitions of general aviation flights at certain airports in New York, Philadelphia and the Washington, D.C. areas during specified periods.

The FAA had provided nearly a month’s notice that it was planning an expansive TFR in Philadelphia. That much advance notice is not always available, particularly for presidential TFRs. Brown explained that there is a balance between providing time for coordination and awareness but still providing protection. “Too much advance notice works against protecting the individual that needs protection,” he pointed out.

The FAA, which posts TFRs, requires pilots to be “well aware of Notams along their route of flight, including those for short-notice TFRs.” It works to disseminate as much information as possible and looks to organizations such as NBAA or the Aircraft Owners and Pilots Association to help with early warnings. NBAA also tries to get involved early in the coordination. It has a nearly front-row seat with its GA Help Desk representative stationed at the FAA Command Center. This facilitates dialog with FAA officials.

Early warnings might become more difficult as the next presidential election season kicks off. In 2012 the number of VIP TFRs, typically involving the President, jumped significantly, reaching 496. That was nearly 60 percent more than the 305 VIP TFRs established last year.

The number of TFRs over the next year might not match the 2012 tally because an incumbent is not running. TFRs, however, might become more unpredictable as they are based on risk assessments, and the risk could vary greatly, depending on the candidate, events surrounding the candidates and whether the President or other notable officials play a role.

As Pope Francis arrived on the East Coast, Chinese president Xi Jinping was kicking off a weeklong U.S. visit on the West Coast, but his visit did not require such extensive security precautions. The popularity and outpouring of attention on this papal visit drew heightened security consciousness rivaling that reserved for President Obama.

Brown, however, expects that TFRs will pick up as the election draws near next year, especially once the major parties select their nominees. In the interim, the association plans to continue working with agencies such as the TSA, FAA and others to help keep the TFRs reasonable.

As for the FAA, the advice has not changed: “Pilots should always monitor TFRs and all other Notams before they fly. They need to be particularly aware of events in the areas in which they are flying.”