Warning: do not, under any circumstances, do anything to get on the U.S. Transportation Security Administration’s "security threat" list. Don’t say anything the least bit threatening. Don’t do anything threatening. Above all, don’t joke about security threats–especially at an airport.

A new rule was enacted–shoved down our throats is a better term–on January 24. With no notice, the TSA helped the FAA create new rules that dictate draconian measures for anyone the TSA suspects is a security threat.

The new rules are simple and are found in Parts 61, 63, and 65. They say that no person is eligible to hold "a certificate, rating, or authorization issued under this part" when the TSA has notified the FAA in writing "that the person poses a security threat."

What this means is that if anyone "poses a security threat," all the TSA has to do is write a letter to the FAA, and goodbye airman certificates.

How does this process take place?

First, the TSA will serve you with an Initial Notification of Threat Assessment when its staff has concluded that you pose "a security threat." You will then be allowed to respond and "provide any information . . . the TSA should consider."

Once the TSA sends the FAA an Initial Notification of Threat Assessment, the FAA will suspend all your FAA certificates, ratings, or authorizations. When the TSA issues a Final Notification of Threat Assessment, the FAA will revoke your certificates, ratings, and authorizations.

What exactly is a security threat?

The definition is none too clear. TSA regulation 1540 in Title 49 of the Code of Federal Regulations says an individual is a security threat when he is "suspected of posing, or is known to pose" a threat to national, transportation, aviation, airline, or passenger security or a threat of air piracy or terrorism. Why is the TSA so hot-to-trot about people who pose (note that the rule didn’t say "proven") security threats and who are also pilots, mechanics, ground school instructors, parachute riggers, etc?

The Aviation and Transportation Security Act that created the TSA after the September 11 terrorist attacks calls for it to come up with procedures for notifying the FAA of people posing "a risk of air piracy or terrorism or a threat to airline or passenger safety."

The rulemaking explained that "airmen are in a position to exercise the privileges of their certificates in support of terrorist activities." It says pilots could drop chemical or biological agents or crash aircraft into buildings, mechanics could sabotage aircraft, and flight instructors could train terrorist pilots. It concedes someone could attempt such actions without a certificate, but says denying, suspending, or revoking certification should make that more difficult.

Later, the rulemaking writer emphasize that the rule "codifies the fundamental and inherently obvious principle that a person who poses a security threat should not hold an FAA-issued airman certificate."

I’m sorry. I don’t find that inherently obvious at all.

First of all, who determines that a person poses a security threat? By what criteria? I carry a Swiss army knife in my airplane. Am I a threat?

Second, this is a free country. All sorts of deficient people hold certificates. What exactly is it about a security threat that makes someone ineligible to be a pilot or mechanic? What about "threats" who drive cars and rent trucks, or use boats? Is a Muslim mechanic a threat? What if I piss off someone at an airport and he calls the TSA on me? And on and on.

Third, where is the recourse for someone accused of being a threat? Sure, they get to respond. But if the TSA’s actions thus far are any indication, the response to any query about anybody’s specific case will be, "I’m sorry, we cannot release that information because of security concerns."

If the TSA comes after you and the FAA revokes your certificates, all I can say is, good luck. Maybe we should all train for backup jobs starting now.

Meanwhile, keep your mouth shut.

Good Luck Down Under

This month, we bid farewell to Susan McGuire, who designed the covers and pages of Aviation Maintenance for the last three years. She has headed south–to Melbourne, Australia, where she will pursue a graduate degree in environmentally friendly industrial design. Susan was an invaluable part of our team, having created the images that drew you and thousands like you into AM. We’ll miss her. We’ll try to keep you from missing her by continuing to publish a blend of images, art, and insightful stories each month that meets the standards she helped set.