Rogue Agency's Heavy-Handedness Miffs Mechanics

PAMA's Statement:

The Professional Aviation Maintenance Association (PAMA) is concerned with the lack of specifics in the FAA's recent rule to revoke airman certificates because of suspected security questions. While actively supporting the government's efforts to ensure aviation security, PAMA PAMA's questions the criteria by which security threats are determined, the due process of prosecuting affected maintenance technicians and pilots, and the consequences of certificate suspension and revocation.

In a final rule adopted January 24 without prior notice or public comment, the FAA will revoke an airman certificate if the Transportation Security Administration (TSA) writes to the FAA that the person is "known to pose, or is suspected of posing," a threat to airline or passenger safety.

"While PAMA agrees that people shown to be a security risk should not work in safety and security sensitive positions, the consequences of such certificate action are severe. There is absolutely no room for error," said PAMA President Brian Finnegan (right). "These airman certificates represent significant livelihoods on which families and reputations depend," he emphasized.

The TSA has established procedures to notify the FAA Administrator of "the identity of persons known to pose, or suspected of posing," a threat to aviation safety. Once identified, that airman is served with an Initial Notification of Threat Assessment and his or her airman certificate is immediately suspended pending a review by the TSA. The individual may respond in writing and be represented by counsel, but he or she likely will not know the specific allegations since security-sensitive and classified information will not be divulged.

"This vague language leaves many variables open to interpretation and error," said Mr. Finnegan. "The TSA is now the prosecutor, judge and jury -- with no independent appeals process in place."

Aviation maintenance professionals and flight crews are already among the most scrutinized in our industry. Pre-employment and random drug testing, along with mandatory background and fingerprint checks, are standard for those with access to aircraft and secure airport facilities. "We view these checks as welcome assurance that our co-workers are conscientious professionals focused on safety and security," Mr. Finnegan said. "The addition of this new rule calls into question the integrity of those earlier security measures."

"All maintenance professionals should read this rule and consider submitting their concerns to the FAA," urged Mr. Finnegan. PAMA will continue to consult with its members and will provide its official comments on FAA-2003-14293 by the March 25 deadline, after which the final rule may be amended in light of the comments received.

FMI: www.pama.org; www.tsa.gov