The 60-Day Comment Period for the ANPRM Concludes On February 22, 2011

For several decades, ANN and its predecessor publications have advocated the need for an Airman's Bill of Rights to deal with the often Draconian hardships imposed on aviators who run afoul of the FAA and its system of 'justice.' While the ANPRM did not go nearly far enough, it was a solid step in the right direction... if only to raise the dialogue over the rights of airmen in dealing with the FAA.

Last December, the NTSB listed three main reasons for its undertaking a review of 49 CFR parts 821 and 826: (1) to respond to parties' suggestions for changing the rules; (2) to update rules that may be outdated; and (3) to modernize the rules to accommodate prospective electronic filing and document availability in case dockets.

The NTSB explains that the ANPRM indicates that certain parties have approached it concerning emergency certificate actions, which involve cases in which the FAA issues an immediately effective order revoking or suspending a certificate. In such cases, the NTSB's procedural rules allow a party to challenge the emergency status of the case, and provide an expedited timeline for doing so. The rules currently require the NTSB's administrative law judges to "consider whether, based on the acts and omissions alleged in the Administrator's order, and assuming the truth of such factual allegations, the Administrator's emergency determination was appropriate under the circumstances." The ANPRM invites public comments concerning this standard of review, as well as other aspects of the emergency review process, such as whether a hearing should occur to allow parties to provide evidence concerning whether the case should be treated as an emergency. The ANPRM further invites comments concerning whether parties should have an opportunity for another level of appeal to challenge the emergency status determination.

In addition, the ANPRM also solicits comments concerning electronic filing of documents for aviation certificate cases, and requests specific consideration as to whether such electronic filing is feasible for individuals who opt not to retain an attorney. The ANPRM further seeks feedback concerning whether any outdated information exists in the current procedural rules.

Former FAA Inspector, Ed Jeszka (who has more than a little experience with the FAA's 'dark' side), tells ANN that, "It would appear that the FAA has been held to a much lower standard than the rest of us. It would also appear that comments, as directed in this article, are way overdue and should be submitted according to appropriate procedures. There is a little over a week left to submit. We should not delay. The industry is painfully aware that allegations brought by the FAA should be scrutinized for truthfulness. They have not been in the past. Every airman that has had a case brought against him or her has started with a very discernible disadvantage. He was guilty without ever having an opportunity to defend himself. Then when he appeared before an NTSB ALJ it was overwhelmingly obvious that he was considered a liar because he had simply been accused by the FAA. And they never falsify anything as we all know.

This is an opportunity to comment on the proposal but having seen the NTSB respond to allegations such as this previously indicates that it would be monumental to modify the rules to even the playing field. The FAA produces cases without adequate evidence to present it to a real court but they don't have to. You are guilty simply because the FAA says you are. Not that you have been found guilty in a real court. The NTSB has historically, the numbers would verify this, simply rubber stamped 'guilty' to most every case brought by even the worst of the worst FAA thugs and rogue offices simply as a vendetta.

Aviation would be far better served if all the FAA cases, even the sham cases, were brought before a real judge and jury, not the kangaroo courts we have been saddled with. It is about time to fix what has been broken. How about the 'New FAA' as promised? This may be the perfect opportunity for Administrator Babbitt to stand up and agree conceptually that airman have rights which is missing as a result of the absence of justice in the ALJ system presently in place.

Let's make the straight forward comments, truthful and factual, and then just sit back and watch. We will see if justice is foremost in the NTSB ALJ judicial system or simply a record of how many wins and destruction of innocent companies and individuals continues to occur."

FMI: http://origin.www.gpo.gov/fdsys/pkg/FR-2010-12-22/pdf/2010-32056.pdf