www2.faa.gov/avr/arm/rinah84.pdf
Jan 23 2003
You''re Grounded/Suspended: TSA Trumps FAA
TSA Takes Over Issuance/Maintenance of Certificates, in New NPRM
In the Federal Register Friday, you''ll be able to see that you can be
knocked out of the air -- just like that -- if the TSA alleges that you
pose
a ''security risk.'' Pilots will be immediately grounded; mechanics, DERs
--
everybody who holds a certificate of any kind from the FAA -- can be
immediately out of a job.
The TSA will notify you that you are considered a ''security risk.'' It
will
notify the FAA; and the FAA will immediately suspend your ticket(s),
pending
your ''appeal.''
You will then have to convince the TSA (which already declared you a
''security risk'') that you are not a ''security risk,'' without your
knowing
why they think you are such a risk. Then, when the TSA issues its final
ruling, the FAA will revoke your papers.
We wanted some confirmation on this, and called the TSA. Chris
Rhatigan, in
the press office there, said, You may have to talk to the FAA on
that.
We read her a part of the summary, which says, This final rule
expressly
makes a person ineligible to hold FAA-issued airman certificates if the
Transportation Security Administration notifies the FAA in writing that
the
person poses a security threat.
As we continued reading, and noted that the TSA was calling the shots,
she
said, Hold on a second. She returned, and said, This [determination
that
you''re a security threat] comes from an intelligence database. OK --
so,
how do we know how big a threat, or how it''s determined that one even
is
such a threat? We don''t tell people how to get on to that database,
she
said. In other words, if you''re denied your certificate, you won''t be
able
to find out why -- just that someone, somewhere, thinks you''re a
''security
risk.''
Ms Rhatigan informed us that everything would be spelled out in the
NPRM,
and that we''d have to wait until Friday, to see what was getting
published
in the Federal Register. Well, folks the law goes into effect Friday.
No
NPRM. No discussion. Decree. Tough.
Well, we have an advance copy of that law. The document''s explanation
is
merely procedural; there is no underlying reasoning explained; and the
airman is simply screwed, without recourse.
First, you''re grounded -- no questions asked. Then you can start the
''appeal'' process.
Here''s how it works: the TSA will notify the purported ''security risk''
that
he is considered a ''security risk,'' and the FAA will immediately ground
the
flier/mechanic/etc. The accused can then tell the TSA that he''s not a
''security risk;'' but, without knowing on what basis the determination
was
initially made, the accused is defending himself, blindfolded. The TSA
is
then the final arbiter of determining whether the accused (whom they
have
already declared a ''security risk,'' while possibly taking away his
means of
making a living and likely ruining his reputation) actually is a
''security
risk.''
ALPA''s Initial Reaction
John Mazor, spokesman for ALPA, the largest pilots'' union, told ANN
that his
organization is taking a close look at the NPRM. It was too early to
say
anything definitive (we had told the union of this NPRM just minutes
earlier); but he was willing to say, As described, it has some
disturbing
implications. He assured us, ALPA''s security people are interested in
studying the NPRM.
[Note: we reported earlier that this is to be an NPRM, with a comment
period. Nope. It''s just the way it is, effective Friday --ed.]
Jan 23 2003
You''re Grounded/Suspended: TSA Trumps FAA
TSA Takes Over Issuance/Maintenance of Certificates, in New NPRM
In the Federal Register Friday, you''ll be able to see that you can be
knocked out of the air -- just like that -- if the TSA alleges that you
pose
a ''security risk.'' Pilots will be immediately grounded; mechanics, DERs
--
everybody who holds a certificate of any kind from the FAA -- can be
immediately out of a job.
The TSA will notify you that you are considered a ''security risk.'' It
will
notify the FAA; and the FAA will immediately suspend your ticket(s),
pending
your ''appeal.''
You will then have to convince the TSA (which already declared you a
''security risk'') that you are not a ''security risk,'' without your
knowing
why they think you are such a risk. Then, when the TSA issues its final
ruling, the FAA will revoke your papers.
We wanted some confirmation on this, and called the TSA. Chris
Rhatigan, in
the press office there, said, You may have to talk to the FAA on
that.
We read her a part of the summary, which says, This final rule
expressly
makes a person ineligible to hold FAA-issued airman certificates if the
Transportation Security Administration notifies the FAA in writing that
the
person poses a security threat.
As we continued reading, and noted that the TSA was calling the shots,
she
said, Hold on a second. She returned, and said, This [determination
that
you''re a security threat] comes from an intelligence database. OK --
so,
how do we know how big a threat, or how it''s determined that one even
is
such a threat? We don''t tell people how to get on to that database,
she
said. In other words, if you''re denied your certificate, you won''t be
able
to find out why -- just that someone, somewhere, thinks you''re a
''security
risk.''
Ms Rhatigan informed us that everything would be spelled out in the
NPRM,
and that we''d have to wait until Friday, to see what was getting
published
in the Federal Register. Well, folks the law goes into effect Friday.
No
NPRM. No discussion. Decree. Tough.
Well, we have an advance copy of that law. The document''s explanation
is
merely procedural; there is no underlying reasoning explained; and the
airman is simply screwed, without recourse.
First, you''re grounded -- no questions asked. Then you can start the
''appeal'' process.
Here''s how it works: the TSA will notify the purported ''security risk''
that
he is considered a ''security risk,'' and the FAA will immediately ground
the
flier/mechanic/etc. The accused can then tell the TSA that he''s not a
''security risk;'' but, without knowing on what basis the determination
was
initially made, the accused is defending himself, blindfolded. The TSA
is
then the final arbiter of determining whether the accused (whom they
have
already declared a ''security risk,'' while possibly taking away his
means of
making a living and likely ruining his reputation) actually is a
''security
risk.''
ALPA''s Initial Reaction
John Mazor, spokesman for ALPA, the largest pilots'' union, told ANN
that his
organization is taking a close look at the NPRM. It was too early to
say
anything definitive (we had told the union of this NPRM just minutes
earlier); but he was willing to say, As described, it has some
disturbing
implications. He assured us, ALPA''s security people are interested in
studying the NPRM.
[Note: we reported earlier that this is to be an NPRM, with a comment
period. Nope. It''s just the way it is, effective Friday --ed.]