Story Details AOPA's Distaste for TSA's Newest Laws

The FAA and Transportation Security Administration has published "direct final rules" that permit FAA to immediately suspend, revoke, or refuse to issue an airman certificate of anyone that TSA has determined poses a threat to transportation security. The agencies issued the rules under the authority Congress gave them when it passed the Aviation Transportation Security Act of 2001 and directed TSA and FAA to "make modifications in the system for issuing airman certificates related to combating acts of terrorism."

"AOPA solidly supports every reasonable action to prevent terrorist acts, but these rules beg many questions as to the rights of pilots," said AOPA President Phil Boyer. "AOPA's legal and technical staff will examine them letter by letter to understand all of the implications, and in the coming days, we will formulate the right response to the comment period that follows, rather than precedes, this form of rulemaking."

No Notice, No Warning, No Due Process: the TSA Way

The new rules go into effect immediately since the agencies issued them as a direct final rule without prior public notice or comment. However, the agencies are soliciting public comments after the fact and may modify the rules. Members are encouraged to comment and copy the association.

The rules establish procedures for notifying the airman and an appeal process. U.S. citizens may ultimately appeal to the head of TSA, while foreign citizens have lesser appeal rights.

TSA said that perhaps one person per year might be flagged as a security threat. [Note: They already flagged five, in one day, in August --ed.]

Initial analysis indicates that the Transportation Security Administration holds for itself the sole authority in a pilot appeal. AOPA has historically fought to ensure that more than one agency is involved in adjudicating certificate revocations.

"With all due regard to national security, we're deeply concerned that the rules appear to permit taking away a pilot's license without an independent review," said Boyer.

FMI: www.aopa.org