Fri, Jan 31, 2003
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.
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