Mon, Jan 27, 2003
Story Details AOPA's Distaste for TSA's Newest Laws
The FAA and
Transportation Security Administration has published "direct final
rules" that permit FAA to immediately suspend, revoke, or refuse to
issue an airman certificate of anyone that TSA has determined poses
a threat to transportation security. The agencies issued the rules
under the authority Congress gave them when it passed the Aviation
Transportation Security Act of 2001 and directed TSA and FAA to
"make modifications in the system for issuing airman certificates
related to combating acts of terrorism."
"AOPA solidly supports every reasonable action to prevent
terrorist acts, but these rules beg many questions as to the rights
of pilots," said AOPA President Phil Boyer. "AOPA's legal and
technical staff will examine them letter by letter to understand
all of the implications, and in the coming days, we will formulate
the right response to the comment period that follows, rather than
precedes, this form of rulemaking."
No Notice, No Warning, No Due Process: the TSA Way
The new rules go into effect immediately since the
agencies issued them as a direct final rule without prior public
notice or comment. However, the agencies are soliciting public
comments after the fact and may modify the rules. Members are
encouraged to comment and copy the association.
The rules establish procedures for notifying the airman and an
appeal process. U.S. citizens may ultimately appeal to the head of
TSA, while foreign citizens have lesser appeal rights.
TSA said that perhaps one person per year might be flagged as a
security threat. [Note: They already flagged five, in one day, in
August --ed.]
Initial analysis indicates that the Transportation Security
Administration holds for itself the sole authority in a pilot
appeal. AOPA has historically fought to ensure that more than one
agency is involved in adjudicating certificate revocations.
"With all due regard to national security, we're deeply
concerned that the rules appear to permit taking away a pilot's
license without an independent review," said Boyer.
More News
Aero Linx: International Business Aviation Council Ltd IBAC promotes the growth of business aviation, benefiting all sectors of the industry and all regions of the world. As a non->[...]
"During the annual inspection of the B-24 “Diamond Lil” this off-season, we made the determination that 'Lil' needs some new feathers. Due to weathering, the cloth-cove>[...]
Also: Bushcat Woes, Hummingbird 300 SL 4-Seat Heli Kit, Carbon Cub UL The newest Junkers is a faithful recreation that mates a 7-cylinder Verner radial engine to the airframe offer>[...]
Also: Seaplane Pilots Association, Rotax 916’s First Year, Gene Conrad After a decade and a half of struggling with the FAA and other aero-politics, G100UL is in production a>[...]
Also: Martha King Scholarship, Montaer Grows, Textron Updates Pistons, FlySto The FAA is hiring thousands of air traffic controllers, but the window to apply will only be open for >[...]
ANN's Daily Aero-Linx (04.16.24)
See All