"Dear Adm. Loy..."
AOPA has put
its objections to the "pilot insecurity" rules in a formal letter
to Transportation Security Administration chief Adm. James M. Loy.
Following up on a phone call between AOPA President Phil Boyer and
Adm. Loy, Boyer wrote February 19, "While AOPA fully supports the
goal of combating terrorism and has worked closely with the TSA in
this effort, we oppose the Agency's recent final rule. We believe
it undermines one of the most foundational elements of the nation
by suspending the rights of U.S. citizens who hold pilot
certificates to 'due process.'"
AOPA asked TSA to suspend enforcement of the new rules to allow
for public comment. The association noted that FAA has always had
the authority to revoke an airman's certificate on issues of
national security, but that prior to the new TSA rules, that
process had included specific procedural rights and an appeal to an
impartial adjudicator.
TSA and FAA issued the rules January 24 without prior public
notice or comment. The rules permit TSA to declare a pilot a
security risk based on secret information and force FAA to revoke
the pilot's certificate. The only appeal is to TSA.
Give The Final Say To NTSB
AOPA recommended that the National Transportation
Safety Board (NTSB) be given the responsibility for the
adjudication of an FAA certificate action that is based on a TSA
security threat determination. "Chapter 447 of Title 49 of
the U.S. Code grants authority to the FAA, initially to issue
airman certificates, and ultimately to suspend or revoke airman
certificates. It also grants the right of appeal to a pilot
from a denial, suspension, or revocation of an airman
certificate. The appeal is to the NTSB. (See, 49 USC
44703 and 44709.) The members of the NTSB are appointed by
the President, are approved by the U.S. Senate, experienced in
transportation issues, and are familiar with the sensitivity of
airman certificate actions," Boyer wrote Adm. Loy.
AOPA also said that it appeared the TSA rules went beyond the
scope of the authority granted by Congress. "The intent of the
Congress in the Security Act, to enhance transportation security,
can be implemented by the department in a lawful manner, a manner
that affords airmen all of the traditional due process protections
historically provided in the Federal Transportation Code," said
Boyer.
He also said that the rules do not provide any
criteria that TSA will use to determine if a pilot is a security
threat. That's necessary information, Boyer said, for a pilot to be
able to refute charges against him.
Boyer offered to continue working with TSA to "meet the intent
of the rulemaking action...in a manner that protects the interests
of America's law abiding and patriotic U.S. citizens."
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