If your application to serve as a flightcrew member under the Twelve-Five Standard Security Program (TFSSP) with the Transportation Security Administration (TSA) was denied, you should contact an experienced TSA lawyer today. At National Security Law Firm we understand the TFSSP flightcrew member application appeal process and will file a comprehensive appeal on your behalf.

The TSA often bases its initial ineligibility determination on inaccurate and/or incomplete data and information. In those situations, it is recommended that you appeal their ineligibility determination. The TSA lawyers at National Security Law Firm, LLC, will gather official documentation relating to the underlying disqualifying criminal offense and submit them to the TSA to demonstrate either:

  • There was no conviction (i.e., the charge was reduced or dismissed, etc.);
  • The conviction was overturned on appeal;
  • The conviction has been expunged or pardoned;
  • Your conviction does not constitute a disqualifying offense;
  • You were convicted of simple CDS possession; or
  • That the conviction was entered more than ten years ago.

You have 60 days from the date you receive the TSA’s preliminary determination of ineligibility letter to file for an appeal.

If you are interested in appealing your flightcrew member application, contact National Security Law Firm today for a free consultation.

Flightcrew Member Application under the TFSSP  – Additional Resources

What is TFSSP? On Nov. 16, 2001, the Aviation and Transportation Security Act (ATSA) was enacted, which createc the Transportation Security Administration (TSA) and transferred aviation security functions to the TSA. Section 132(a) of ATSA required the Under Secretary of Transportation for Security to “implement a security program for charter air carriers . . .with a maximum certificated takeoff weight of 12,500 pounds or more.”

On Feb. 22, 2002, a final rule was published in the Federal Register that required that “certain aircraft operators using aircraft with a maximum certificated takeoff weight of 12,500 pounds or more carry out security measures.” In addition, the rule required that “certain aircraft operators conduct criminal history records checks on their flightcrew members, and restrict access to the flight deck.” The “certain aircraft operators” were defined as those conducting operations “in scheduled or charter service, carrying passengers or cargo or both . . .” The program that outlines the security measures and requirements for these operators is known as the Twelve-Five Standard Security Program (TFSSP).

Flightcrew Member Disqualifying Criminal Offenses

Disqualifing criminal convictions include those for:

  • Forgery of certificates, false marking of aircraft, and other aircraft registration violation; 49 U.S.C. 46306.
  • Interference with air navigation; 49 U.S.C. 46308.
  • Improper transportation of a hazardous material; 49 U.S.C. 46312.
  • Aircraft piracy; 49 U.S.C. 46502.
  • Interference with flight crew members or flight attendants; 49 U.S.C. 46504.
  • Commission of certain crimes aboard aircraft in flight; 49 U.S.C. 46506.
  • Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46505.
  • Conveying false information and threats; 49 U.S.C. 46507.
  • Aircraft piracy outside the special aircraft jurisdiction of the United States; 49 U.S.C. 46502(b).
  • Lighting violations involving transporting controlled substances; 49 U.S.C. 46315.
  • Unlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security requirements; 49 U.S.C. 46314.
  • Destruction of an aircraft or aircraft facility; 18 U.S.C. 32.
  • Assault with intent to murder.
  • Kidnapping or hostage taking.
  • Rape or aggravated sexual abuse.
  • Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon.
  • Armed or felony unarmed robbery.
  • Distribution of, or intent to distribute, a controlled substance.
  • Felony arson.
  • Felony involving a threat.
  • Felony involving
    • Willful destruction of property;
    • Importation or manufacture of a controlled substance;
    • Burglary;
    • Theft;
    • Dishonesty, fraud or misrepresentation;
    • Possession or distribution of stolen property;
    • Aggravated assault;
    • Bribery; or
    • IIllegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year.
  • Violence at international airports; 18 U.S.C. 37.
  • Conspiracy or attempt to commit any of the criminal acts listed in this

If you received Preliminary Determination of Ineligibility, contact an experienced TFSSP flightcrew member appeal lawyer today.

The lawyers at National Security Law Firm handle Flightcrew Member Appeals throughout the United States.