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.