Exercise of FSD Discretion to Implement a More Stringent Screening Process
#1
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Exercise of FSD Discretion to Implement a More Stringent Screening Process
yeah, the sheriff proposed it openly, but TSA is identified as the idea creator.
From the article:
"Legislator Frank Mauriello, R-Colonie, said he was in favor of the measure, but thought it would've been helpful if TSA representatives had come out to explain it further.
"We knew they [TSA] were the ones that came to the sheriff and asked to do this," Mauriello said. "What I found really confusing, once they had our support and ear, they decided not to come."
From the article:
"Legislator Frank Mauriello, R-Colonie, said he was in favor of the measure, but thought it would've been helpful if TSA representatives had come out to explain it further.
"We knew they [TSA] were the ones that came to the sheriff and asked to do this," Mauriello said. "What I found really confusing, once they had our support and ear, they decided not to come."
I think this was the brainchild of one overbearing FSD and that it did not have the approval of TSA management.
Last edited by petaluma1; Aug 30, 2016 at 12:51 pm
#2
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#3
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But was it TSA or just the FSD acting on his own? FSD's can initiate more intensive screening than the standard SOP and perhaps this was his way of trying to do that. "I'll get a law passed for my airport(s) that you will face a misdemeanor if you leave the screening line before we are finished with you."
I think this was the brainchild of one overbearing FSD and that it did not have the approval of TSA management.
I think this was the brainchild of one overbearing FSD and that it did not have the approval of TSA management.
#5
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But was it TSA or just the FSD acting on his own? FSD's can initiate more intensive screening than the standard SOP and perhaps this was his way of trying to do that. "I'll get a law passed for my airport(s) that you will face a misdemeanor if you leave the screening line before we are finished with you."
I think this was the brainchild of one overbearing FSD and that it did not have the approval of TSA management.
I think this was the brainchild of one overbearing FSD and that it did not have the approval of TSA management.
#6
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But was it TSA or just the FSD acting on his own? FSD's can initiate more intensive screening than the standard SOP and perhaps this was his way of trying to do that. "I'll get a law passed for my airport(s) that you will face a misdemeanor if you leave the screening line before we are finished with you."
I think this was the brainchild of one overbearing FSD and that it did not have the approval of TSA management.
I think this was the brainchild of one overbearing FSD and that it did not have the approval of TSA management.
It has been some time since we had that discussion, but I thought that an FSD couldn't do what is bolded. One reason is that the administrative search exception might be put at risk.
#7
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Otherwise, as petaluma1 noted, the FSD is free to increase security measures as s/he sees fit. At one time, one of the big Florida airports was briefly demanding two photo IDs at the TDC. On another occasion, SFO was requiring all electronics (including cords, accessories) to be removed by everyone. That one did actually get shutdown by HQ, but probably only because SFO was private security.
#8
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I found the cite from the Screening Management SOP. I don't know if it has changed, but except in very limited circumstances, the FSD may not unilaterally change the TSA SOP to make it more restrictive. For example:
4.3.19. EXERCISE OF FSD DISCRETION
Situations may arise which merit a temporary, short-term deviation from established security procedures. Where an articulable risk-based assessment supports a temporary deviation from such procedures, an FSD only (or the Acting FSD) has the authority to proceed as good judgment warrants.
A. An FSD (or Acting FSD) must be prepared to provide a well-reasoned justification for any deviation. For instance, where the presence at the checkpoint of an elected official or other trustworthy person of notoriety has the potential of creating a distraction that might lessen security, escort of the passenger and accompanying family members directly into the sterile area might be justified.
B. An FSD (or Acting FSD) should not exercise the discretion to deviate from established procedures where any doubt exists that aviation safety or national security might be compromised. Where such doubt exists, prior approval of the Area Director should be obtained.
Situations may arise which merit a temporary, short-term deviation from established security procedures. Where an articulable risk-based assessment supports a temporary deviation from such procedures, an FSD only (or the Acting FSD) has the authority to proceed as good judgment warrants.
A. An FSD (or Acting FSD) must be prepared to provide a well-reasoned justification for any deviation. For instance, where the presence at the checkpoint of an elected official or other trustworthy person of notoriety has the potential of creating a distraction that might lessen security, escort of the passenger and accompanying family members directly into the sterile area might be justified.
B. An FSD (or Acting FSD) should not exercise the discretion to deviate from established procedures where any doubt exists that aviation safety or national security might be compromised. Where such doubt exists, prior approval of the Area Director should be obtained.
#9
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Your cite says nothing about making security stricter. It only covers the FSD's limited discretion to ease security.
Confused? Keep in mind, this is the same agency that says 1) nitro pills and other items are 'generally permitted' BUT 2) the screener has the final say on whether or not any item is allowed.
Gotta love the specific loophole created to allow FSDs to permit 'special' people to bypass security entirely.
1) Everyone should be screened. The 'special' individual is free to request a private screening. A member of the family or entourage can go through regular screening with the 'special' person's belongings.
2) Why should family members and entourage be permitted to piggy-back on the 'special' individual's fame? There is zero reason not to subject them to the same screening other pax receive. It's not like the offspring or friends of a 'special' public person have never gone rogue before.
I'm glad the rule made the distinction between 'elected official' and 'trustworthy person', since they are rarely the same.
Confused? Keep in mind, this is the same agency that says 1) nitro pills and other items are 'generally permitted' BUT 2) the screener has the final say on whether or not any item is allowed.
Gotta love the specific loophole created to allow FSDs to permit 'special' people to bypass security entirely.
1) Everyone should be screened. The 'special' individual is free to request a private screening. A member of the family or entourage can go through regular screening with the 'special' person's belongings.
2) Why should family members and entourage be permitted to piggy-back on the 'special' individual's fame? There is zero reason not to subject them to the same screening other pax receive. It's not like the offspring or friends of a 'special' public person have never gone rogue before.
I'm glad the rule made the distinction between 'elected official' and 'trustworthy person', since they are rarely the same.
#10
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I think that it can be both ways since the SOP states, "Situations may arise which merit a temporary, short-term deviation from established security procedures." The "established security procedures" are what are contained in the SOPs. What restriction would there otherwise be if an FSD decided on a whim to unilaterally and permanently require every passenger be subject to a full pat-down or that no liquids be permitted?
#11
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I gave two examples where FSDs did exactly that (added more stringent requirements). An FSD who does not support the Pre program has the ability to undermine the program by refusing to open or staff lanes or increasing the requirements for all paid participants (this happens regularly at LAX, where Pre pax in the Pre lane are still required to remove LGAs and laptops).
The PHX FSD has decided to implement a new form of Pre recently. Instead of a dedicated Pre belt, all Pre pax must show ID and rescan BP a second time, after the TDC and after their bags are on the belt. If they put their ID/BP in their bag, they are suddenly forced to remove shoes/belts/outwear/etc. to go through the NoS. If they have kept their ID/BP out, they are permitted to use the NoS. Because they're using the same belt, Pre pax have to remove laptops and LGAs. It's a mess, but the PHX FSD doesn't like the Pre program (even though there is a Pre enrollment center in the airport) and does not and will not fully support it.
Yes, an FSD most certainly could require every pax to get a full grope, and HQ would back him/her up publicly, likely on the grounds that it was a necessary response to a fictitious threat.
It shouldn't be a surprise. After all, screeners have enormous discretion. If you go to the TSA website and use the 'Can I bring?' tool or read the replies on 'Ask TSA', you will see that even necessary medical items are only 'generally' permitted - and all can be confiscated at the discretion of the screener, who always has the final say.
If a screener has the authority to confiscate nitro pills at his 'discretion', it should come as no surprise that an FSD has even greater 'discretion'.
BTW...FT's search function has never worked well for me. The business about FSDs being allowed to implement more stringent security measures, but not to relax rules, was posted here more than once in the past by 'resident' TSOs.
The PHX FSD has decided to implement a new form of Pre recently. Instead of a dedicated Pre belt, all Pre pax must show ID and rescan BP a second time, after the TDC and after their bags are on the belt. If they put their ID/BP in their bag, they are suddenly forced to remove shoes/belts/outwear/etc. to go through the NoS. If they have kept their ID/BP out, they are permitted to use the NoS. Because they're using the same belt, Pre pax have to remove laptops and LGAs. It's a mess, but the PHX FSD doesn't like the Pre program (even though there is a Pre enrollment center in the airport) and does not and will not fully support it.
Yes, an FSD most certainly could require every pax to get a full grope, and HQ would back him/her up publicly, likely on the grounds that it was a necessary response to a fictitious threat.
It shouldn't be a surprise. After all, screeners have enormous discretion. If you go to the TSA website and use the 'Can I bring?' tool or read the replies on 'Ask TSA', you will see that even necessary medical items are only 'generally' permitted - and all can be confiscated at the discretion of the screener, who always has the final say.
If a screener has the authority to confiscate nitro pills at his 'discretion', it should come as no surprise that an FSD has even greater 'discretion'.
BTW...FT's search function has never worked well for me. The business about FSDs being allowed to implement more stringent security measures, but not to relax rules, was posted here more than once in the past by 'resident' TSOs.
Last edited by chollie; Sep 3, 2016 at 10:43 am
#12
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FSDs can do it, but to stick with it they need to make sure they have engaged in what the FSD and TSA HQ consider "adequate" measures. Adequate for what? Career protection comes to mind.
#13
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Response to post #9 above:
3) The everyone must be screened principle also applies to all airline employees, airport workers, and TSA employees.
3) The everyone must be screened principle also applies to all airline employees, airport workers, and TSA employees.
#14
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To be EXTREMELY CLEAR: I do not really know the applicable laws or really have a great understanding of security in general, I am a Physician not an expert in the Security Industry.
Recently, my Dad was going through a TSA checkpoint and TSA decided to take issue with a prescribed liquid medication.
The employee asked my Father when his last meal was and my Father honestly said my Wife and I ate lunch before going to the airport. The employee said the label says take 1 hour before breakfast, lunch and dinner and as you had lunch before coming to the airport and the flight is short, about an hour and landing well before dinner you can check this medication.
My Dad said I was under the impression that Prescribed Medication is exempt from the liquids band thus I could have it with me, in case my flight is delayed, etc. The TSA employee said that he had ultimate authority with regards to exemptions and he was not exempting this item.
My Dad is a Physician himself and said to the TSA Employee did you take a Residency in Gastroenterology prior to working for TSA as my Gastroenterologist felt I need this medication? The Agent said my Dad should not joke about security and he did not need a residency in medicine to know what is a necessitated exemption and what is not.
Ultimately a Supervisor was called and he did allow the Medication through, but does any TSA Employee, FSD or mere peon have the right to practice medicine without a license? Which is essentially what that TSA Employee did do, IMHO.
Recently, my Dad was going through a TSA checkpoint and TSA decided to take issue with a prescribed liquid medication.
The employee asked my Father when his last meal was and my Father honestly said my Wife and I ate lunch before going to the airport. The employee said the label says take 1 hour before breakfast, lunch and dinner and as you had lunch before coming to the airport and the flight is short, about an hour and landing well before dinner you can check this medication.
My Dad said I was under the impression that Prescribed Medication is exempt from the liquids band thus I could have it with me, in case my flight is delayed, etc. The TSA employee said that he had ultimate authority with regards to exemptions and he was not exempting this item.
My Dad is a Physician himself and said to the TSA Employee did you take a Residency in Gastroenterology prior to working for TSA as my Gastroenterologist felt I need this medication? The Agent said my Dad should not joke about security and he did not need a residency in medicine to know what is a necessitated exemption and what is not.
Ultimately a Supervisor was called and he did allow the Medication through, but does any TSA Employee, FSD or mere peon have the right to practice medicine without a license? Which is essentially what that TSA Employee did do, IMHO.
#15
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To be fair to the TSOs, though, most of them aren't trying to practice medicine without a license. They're actually trying to practice law enforcement without a license.