Several sections of the Aviation Reauthorization Act required that procedures be created to allow an airman facing revocation of his or her certificate a meaningful review of the “security risk” assessment made by the TSA. According to an AvWeb Report, if an Administrative Law Judge affirms an FAA order revoking an airman’s certificate based upon a “security risk” assessment by the TSA, an airman can appeal that decision to the Transportation Security Oversight Board. The Board consists of the Secretary of Transportation, Attorney General, Secretary of Treasury, Secretary of Defense and a representative of either the National Security Council or the Office of Homeland Security.
However, after thoroughly reviewing the FAA, NTSB, TSA and DOT websites, as well as discussing with other aviation attorneys handling enforcement matters, I have been unable to locate rules or regulations governing these procedures. Although the Aviation Reauthorization Act dictates that we should be able to expect these procedures, it remains to be seen when they will actually be in place and how meaningful and effective they will actually be.
