from
Aviation Week
Here is an extract:
The Transportation Security Administration and Federal Aviation Administration Friday published three separate rules that call for the revocation of airman certificates of individuals deemed a security threat. The rules, released without prior notice or comment, stem from a congressional mandate in the Aviation and Transportation Security Act that directs the TSA to assess threats to transportation and notify FAA of the identity of people suspected of posing a risk to airline or passenger safety. The legislation, adopted in November of 2001, further directs the FAA "to make modifications to the system for issuing airmen certification to make the system more effective in serving the needs of officials responsible for enforcing laws related to combating acts of terrorism," FAA said.
The rules set up a process under which TSA issues an "Initial Notification" to individuals believed to be a threat and informs FAA of that notification. Upon notification, FAA will suspend the individual's airmen certificate or hold up any application until TSA either determines that the individual is a true threat and issues a Final Notification of Threat Assessment or decides that there is no threat and withdraws the Initial Notification. If the individual is found to be a threat, FAA will revoke the certificates or deny applications for certificates. Certification privileges will be restored if the threat notification is withdrawn.
TSA established a process under which individuals can respond to notifications in writing, providing any additional information that could help their case. TSA also will allow the individuals to be represented by counsel and request copies of any "releasable information" that led to the determinations. The agency added that while it "has been granted full discretion to conduct threat assessments and act upon them, TSA recognizes that notifying the FAA that an individual poses a security threat will have significant consequences."
[...]
Doug Carr, director of government affairs for the National Business Aviation Association, agreed. "It's a big concern," he said. "One of the biggest changes that the procedures require is the elimination of a third-party review before the suspension of the license. TSA has justified away the necessity for that review."