Kaplan Kirsch represents airport sponsors on the full range of safety and security obligations airports face today. Our team advises on Transportation Security Administration (TSA) programs, criminal history record checks, Safety Management Systems (SMS), FAR Part 77 approach protection, and Federal Aviation Administration (FAA) safety waivers. We regularly negotiate and litigate against the TSA on behalf of airport clients.
That sponsor-side focus is a real distinction. Firms with named aviation security practices typically build their teams around airline and industry-vendor representation; our airport law practice, the oldest and largest in the country, has built its security work exclusively around the airport proprietor’s side of the table. Kaplan Kirsch’s Airports practice includes a former attorney from the FAA and U.S. Department of Transportation (U.S. DOT), a former Assistant Chief Counsel of Security Policy at the TSA, and the former General Counsel at the U.S. DOT.
Airport Security Programs (ASPs) & TSA Compliance
An ASP is the TSA-approved set of rules and procedures an airport follows to meet federal security requirements. We help airports draft and revise rules, minimum standards, and security programs, including Security Threat Assessment and criminal history record checks. Our team also secures TSA and Customs and Border Protection (CBP) approvals for mandated facilities and negotiates the leases those facilities require.
We represent commercial airports in negotiations and litigation against the TSA over responsibility for security functions, and we have coordinated litigation, administrative, and legislative efforts to preserve TSA funding for exit lane staffing. Kaplan Kirsch has successfully defeated TSA proposals to shift exit lane security funding and responsibility onto airport proprietors, and we help resolve TSA allegations of security violations.
Because the funding of security apparatus and facilities is a constant pressure point, we regularly negotiate funding responsibility disputes directly with the TSA. We also advise general aviation airports and indirect air carriers, helping airports build meaningful security programs in this largely unregulated area.
Safety Management Systems (SMS)
A SMS is an FAA-mandated framework for identifying and managing aviation safety risk. Kaplan Kirsch has guided airports through SMS rollout since some of the earliest safety risk management processes in the industry. We also help clients revise leases, rules, minimum standards, and internal procedures to meet SMS obligations.
FAR Part 77 Approach Surface Protection
FAR Part 77 governs protection of an airport’s approach surfaces from land use, construction, and zoning conflicts. Our attorneys frequently advise airport clients on protecting approach surfaces under FAR Part 77, from land acquisition and zoning to litigation and long-term land use compatibility planning
Safety Waivers & Airfield Modifications
Additionally, we advise on safety liability matters and on securing FAA waivers or modifications for airfield geometry, weight limitations, and aircraft size restrictions, all designed to ensure safe airport operations.