New rulemaking updates current FAA security threat disqualification regulations and consolidates them under a single regulation. In sum, those regulations provide that no persons, including U.S. citizens, are eligible to hold an airman certificate, rating, or related authorization if the TSA notifies the FAA of an adverse security threat determination. The new rules go into effect on October 18.
Heretofore, airman security regulations were promulgated under several different regulatory codes and, due to the wording and intent of previous rulemaking, did not cover U.S. citizens or U.S. nationals. This new rulemaking closes that gap by applying the security disqualification requirements to all FAA pilot certifications, regardless of citizenship status.
Additionally, this rulemaking requires that the TSA coordinate with the FAA to ensure that individuals are screened before being certified by the FAA. Thus, the FAA will not issue a certificate to a screened individual identified by the TSA as a security threat. The amended rules include a hearing and appeal process for U.S. citizens.
This final rulemaking is based on an FAA notice of proposed rulemaking (NPRM) published on July 23, 2018. Because there were no pertinent comments to the NPRM, it has been adopted with no material changes.