Q&A With TSA's David Stone

By ANN Correspondent John Ballantyne

This is the second of a two-part story. Part One described the AOPA Expo's General Meeting for the second day of the three-day event. The topic is at the top of many pilot's nasty list: Security regulations that limit private aviation in the United States. The guest of honor was Rear Adm. David Stone, USN (Ret.), Assistant Secretary of Homeland Security for the Transportation Security Administration (TSA). Questions and answers are paraphrased, for the most part, for brevity and ease of reading:

Question: A flight instructor stated that the new requirement for CFIs to determine the citizenship and do background checks of students was absurd. Instructors are not immigration officials, he said, and are not qualified to do background checks such as TSA now requires. Driver schools are not so required, nor are schools in any other areas. Why is this necessary?

Stone: TSA has been talking with AOPA and others about this. With regard to how TSA expects instructors to help TSA with the process of uncovering potential problems is much like the Airport Watch Program. Both are where the power of local folks are often first to recognize unusual circumstances. TSA believes that the flight instructor, who has the first personal contact with new students, is likely to recognize potentially dangerous ones first. TSA is happy to discuss the validity of this requirement to assure its value because TSA has no interest in adding systems that are duplicative or of low value because they would not improve security.

Question: An A&P mechanic and IA who had served with Stone in the Navy pointed out that mechanics, inspectors and DARs cannot go into a MIDO or FSDO or even a Flight Service Station without a long-winded and long-established appointment. The issue, he said, is that we sometimes need information quickly such as current weather or an interpretation of a regulation that is not unavailable unless he can find a telephone and wait sometimes 20-30 minutes or longer for simple answers. The question is why are these facilities locked down to those who possess FAA certificates? I have started - and I know this might make me a target downstream -- to make a log book entry that the FAA was unavailable. I will fight it out later if need be, he concluded.

Stone: What I will do with that as a result of you educating me is take it as homework to my staff. Those are valid comments that I have not heard before and so we will go to work and try to get resolution.

Question: Another instructor questions the Alien rule which requires CFIs to determine citizenship of students and to have them register with TSA. The instructor teaches many air-carrier pilots who are flying loaded 747s in and out of his airport. Because of this new regulation, he is not allowed to train them to handle float, ski or tail-wheel airplane ratings while they are on layovers between trips. The instructor continued that he is a retired law-enforcement officer and knows that background checks involve a very extensive and intensive process. To ask an independent flight instructor to conduct such checks to verify who they are and where they are from is just not possible, he concluded.

Stone: I am not sure what draft of the rule you have been look at, if it was current. But what we [TSA] needs to do is streamline the approval process to ensure that the burden on instructors is not excessive. We'll go back and look again at this issue and talk with AOPA on that because we want to encourage folks to come to the United States to get such training. We know that our requirements need continuing review and we will sit down with Phil [AOPA] and be sure we work that out.

AOPA President Phil Boyer: Complimented both the question and answer, but added that the Alien rule is not a draft, but a final rule. Instructors are required to do the background checks consistent with the effective date in the regulation.

Boyer added that Congress originally ordered the TSA to take actions to secure aircraft over 12,500 pounds. That original rule was changed at the last minute by Senator Nelson (FL) to include requirements for all students, using the "one size fits all" into the final rule. The challenge is to determine where a rating should be withheld in the interest of security.

Question: The only female questioner wanted to know when TSA will again allow the freedom be restored for Boy and Girl scouts to be able to tour FAA towers and Flight Service Stations, "like we could four years ago."

Stone: Issues of security and tower access come primarily from FAA and I wasn't aware until you asked as to why FAA is not allowing these tours. I will get with the FAA Administrator and see what we can do about that, he said.

AOPA's Boyer pointed out that the FAA Administrator had gotten the same question the day before. She had said the requirement came from TSA. So, TSA was pointing toward FAA who was pointing back toward TSA. Boyer then said that he [AOPA] would personally take this as homework and get TSA and FAA together to attempt some resolution.

Discussion continued related to the potential risk of having terrorists come into a facility, such as the tower at LAX, and take it over. Airport security plans need to deal with these kinds of potentials and TSA needs to be sure their macro-guidance doesn't overshadow the input from airport management and mayors so as to be sure that the regulations are balanced.

Question: There is a litany of examples of where input from very qualified aviation people and associations are being ignored by TSA. TSA actions are, in some cases, preventing general aviation from functioning, thereby completing the actions started by terrorists on 9/11. What will TSA do to change the culture of arrogance and to bring some real aviation expertise into TSA and solve these issues before we end up with an even more ridiculous situation?

Stone: Couldn't disagree more that TSA is arrogant. TSA strives to work in partnership with all aviation groups and holds meetings at least every six weeks. Why? Because TSA understands the power of listening to those affected by the regulations - those that depend on the economic livelihood on the flow of services and goods of aviation. Those meetings are proof of TSA's determination to not be arrogant. TSA has great trust in general aviation programs such as the Airport Watch program and regular input from aviation groups to be sure that regulations are appropriate. My purpose in being here is to receive your input so that TSA can better serve, Stone said.

Question: You realize that no matter how high you [TSA Stone] get in the bureaucracy, it is still the lower staff folks who produce the regulations. I don't think you [Stone] personally are a "Keystone Cop," but your lower level staff is doing some pretty dumb things. For example we can fly over Dodger's Stadium when Bruce Springstein has a concert, but not when the Dodger's has a game going on.

[Audience applause]

I have never seen a single article by TSA in any of the many aviation publications I read explaining about the need for these restrictions. I have even had Flight Service Station staff unable to figure out the TFR language. Why is there this lack of communication between pilots and TSA? It looks like arrogance to me.

Stone: I think I got your point. [Audience laughter] Again, my purpose in being here is to discuss the need for these restrictions and to take your concerns back into TSA. I want to better understand what the issues are so that we can take that back and seriously think them through and find out how we can do better with communications.

FMI: www.tsa.org