The Coalition of Airline Pilots Associations (CAPA) is considering filing a Petition for Review with the United States Court of Appeals for the District of Columbia regarding the new Final Rule that grants the Transportation Security Administration the authority to determine whether an individual's airman certificate should be revoked based on the TSA's assessment of that individual as a "security threat."

CAPA made the announcement at the close of its scheduled quarterly meeting in Washington. The TSA Final Rule in question is entitled "Threat Assessments Regarding Citizens of the United States and Alien Holders Who Hold or Apply for FAA Certificates." It was exposed by Aero-News Network on January 23, and entered into the Federal Register on Jan. 24, 2003. The rule, which became effective on the date of its release with no advance notice, "Establishes the procedure by which TSA will notify the subject individual and the FAA of TSA's assessment that an individual who is a citizen of the U.S. and holds or is applying for an FAA airman certificate, rating or authorization poses a security threat."

"We have serious concerns about the problems of due process this rule poses, as well as the vague standards of evidence it contains," said Captain Jon Safley, CAPA President. "As soon as our legal counsel has concluded a thorough review of the rule's language, we will decide which course of action best protects our members' interests."

ANN's Recap [from January 24 edition]:

The TSA maintains a secret database, containing secret information, from secret sources. If it determines that you are a 'threat to security,' it tells you (and the FAA) that it considers you a threat, and your ticket is suspended immediately. (If you're a student, your training is suspended, immediately.) You may then, without knowing any specifics about the TSA's concern, "defend" yourself, and try to convince the TSA that its original assessment is wrong. When the TSA finds that, no, it didn't make any mistake, the FAA will revoke your certificate, and you're finished.

The TSA doesn't need to prove anything, present any evidence, or even check its facts.

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