Are you heading to the U.S. and wondering if you need a TSA Waiver? Icarus Jet has got you covered. Plain and simple, if your private aircraft is foreign registered, more than 100,000 pounds MTOW, and making two or more stops in the U.S., you need a TSA Waiver.
- How to apply: Official TSA Waiver Submission Portal.
- Authoritative guidance: AIM Chapter 5, Section 6.
- Additional information: TSA General Aviation.
Filing at least seven days before your flight is recommended and encouraged. Remember to include the passenger and crew information within the request and be aware that the waiver is valid for only 90 days (A hard copy must be on board). But first, let’s make sure you need one.
When do you need an International Waiver?
- Flying to or from the U.S.
You will not have to file for an International Waiver if your flight is directly arriving in or directly departing from U.S. airspace, so long as it makes only a single stop within the country. Most international flights that enter or exit U.S. airspace for a landing or a departure satisfy this rule.
- Multiple Stops Within U.S. Airspace
If your flight is foreign-registered and involves multiple stops in the U.S., you will need a waiver if:
- Your private aircraft is more than 100,309 pounds MTOW.
- The aircraft is not US-registered.
- Overflying U.S. Airspace
If your flight departs and arrives outside the U.S. and overflies U.S. airspace, the following applies:
- Aircraft weighing more than 100,309 lbs MTOW must file for a waiver, even if U.S. registered.
- US-registered aircraft weighing less than 100,309 lbs MTOW are not required to obtain a waiver. If foreign-registered, they are required to obtain a waiver with the exception of “Portal Countries” that can enter U.S. airspace directly from that country of origin.
- Portal countries include:
- Canada
- Mexico
- Bahamas
- Bermuda
- Cayman Islands
- British Virgin Islands
- Special Interest Countries
Aircraft registered in certain “Special Interest Countries” will fall under stricter requirements. All flight plans that overfly, arrive, or depart the U.S. with these subject countries will automatically require an International Waiver. At this time, these are the countries that are under this classification:
- Cuba
- Iran
- North Korea
- China
- Russia
- Sudan
- Syria
Types of Flight Waivers
There are many different kinds of waivers. The main type of waiver an international operator would be concerned with includes:
- Restricted airspace waivers (e.g., Washington DC Special Flight Rules Area)
- Event-based waivers (such as for major sporting events or theme parks like Disney)
- For international operators, the main types of waivers to be concerned with include:
- International Air Ambulance Waivers.
- No Transponder Waivers.
- International Single Trip Waivers is the biggest one for most non-commercial international flights.
Important Requirements of Flights Over U.S. Airspace
Apart from the waiver, the following are the requirements for all flights over U.S. airspace:
- File and maintain an active VFR or IFR flight plan.
- Ensure your aircraft is equipped with a Mode C or S transponder using an ATC-assigned transponder code.
- Establish and maintain clear and continuous communication with Air Traffic Control.
In a nutshell: Who needs a TSA Waiver for the U.S.?
- Foreign registered aircraft weighing over 100K lbs making two or more stops in the US.
- All overflights over 100K lbs need one—and that includes N-registered. If you are foreign registered and overflying, you need one regardless of size. There is one single exception: If you are overflying with an aircraft under 100K lbs registered in a Portal Country and the flight is from any of those countries.
- Aircraft registered in Special Interest Countries need a Waiver for everything – ops to, from, within, and over the US.
FAQs
1. Who needs a TSA Waiver?
A waiver is required for foreign registered aircraft weighing over 100K lbs making two or more stops in the US.
2. Do I need a waiver if I only make one stop in the U.S.?
No, single-stop flights arriving in or departing from the U.S. do not require a waiver.
3. Do I need a TSA Waiver if only overflying the U.S.?
All overflights over 100K lbs need one—and that includes N-registered. If you are foreign registered and overflying, you need one regardless of size.
4. Are any countries exempt?
Yes, aircraft from “Portal Countries” like Canada or Mexico might not need a waiver if they are under 100,309 lbs MTOW and flying directly from those countries into the U.S.
5. What are “Special Interest Countries”?
These are countries whose registered aircraft always require a waiver for any operation to/from/over the U.S. These currently include Cuba, Iran, North Korea, China, Russia, Sudan, and Syria.
Let us help with your travel plans. You can reach the Icarus Jet Trip Support team here.
