The aviation industry flooded the Transportation Security Administration docket for the Large Aircraft Security Program with more than 4,000 comments against the proposal, in what became a record number of comments on a TSA rulemaking.
Supporting the industry effort are seven House of Representatives members, including Sam Graves (R-Mo.) and Todd Tiahrt (R-Kan.), who sent a letter to the TSA criticizing its rulemaking procedure.
“TSA’s rule is procedurally and substantially flawed,” the letter stated. “The proposed rule does not: a) contain adequate notice as required by [paragraph] 553 of the Administrative Procedure Act; b) comply with the requirements of the [Act]; c) accurately assess costs and benefits under E.O. 12,866; and d) constitute national rulemaking because it fails to address the statutory factors mandated by Congress or achieve the objectives sought by TSA.”
The letter accuses the TSA of using “fallacious reasoning” in its hypothetical scenario of a general aviation aircraft delivering a nuclear weapon. The agency “would have to demonstrate that the probability of delivery of a nuclear device is higher by an aircraft covered by the rule than by some other mode of delivery…” such as a truck or boat.
The letter concluded: “If the agency fails to revisit its current rulemaking, it may face more dire consequences from Congress-a resolution of disapproval of the final rule under the Congressional Review Act…the better alternative is to avoid such action by a thorough reevaluation of the existing NPRM.”