Justification for Immediate Adoption
This action is being taken without providing the opportunity for
prior notice and comment, and it provides for immediate effectiveness upon adoption. The Administrator has determined this action is necessary to prevent a possible imminent hazard to aircraft, persons, and property within the United States. The FAA, after consultation with the TSA, has determined that this action is necessary to minimize security threats and potential security vulnerabilities to the fullest extent possible. The FAA, TSA, and other federal security organizations have been concerned about the potential use of aircraft to carry out terrorist acts in the United States since September 11. The FAA now believes it is appropriate to provide expressly by rule that an individual determined by the TSA to be a security threat is ineligible
for airman certification. This rule thus codifies the fundamental and
inherently obvious principle that a person who poses a security threat should not hold an FAA-issued airman certificate.
The FAA finds that notice and comment are unnecessary,
impracticable, and contrary to the public interest, pursuant to section 553 of the Administrative Procedure Act (APA). Section 553(b) of the APA permits an agency to forgo notice and comment rulemaking when "the agency for good cause finds * * * that notice and public procedures thereon are impracticable, unnecessary, or contrary to the public interest.'' The use of notice and comment prior to issuance of this rule could delay the ability of the FAA to take effective action to keep persons found by the TSA to pose a security threat from holding an airman certificate. Further, the Administrator finds that good cause exists under 5 U.S.C. 553(d) for making this final rule effective immediately upon publication. This action is necessary to prevent a possible imminent hazard to aircraft, persons, and property within the
United States.
there's already an appeal - see
here (need Adobe Acrobat Reader)