The cases that involve immediately revoking or suspending a certificate of an airman or aircraft in the "interest of public safety" has been in my experience appropriately considered and not abused by the FAA Inspector's authority. These type of cases are discussed at length at all levels of management. The determination is based on the evidence provided and the authority to exercise the process of U.S.C. 44709 when public safety is jeopardized. This rule has been an excellent method and deterrent in identifying these type of concerns in the aviation world. I have not seen the abuse as described in this NTSB Rulemaking Article by FAA Inspectors. What I have seen is the lack of exercising the authority in "notifying and reporting" aircraft accidents, which is required in NTSB Rule - 49 CFR Part 830. This rule is never enforced by the NTSB and when the FAA discovers these type of accidents and notifies the NTSB there still is no violation processed. How does this help public safety? This lack of enforcement action causes aircraft to be returned to service without proper documentation causing the FAA in some cases to exercise the criteria in U.S.C. 44709 to submit an emergency suspension or revocation of the aircraft's airworthiness certificate.
Comment from Jose Salazar, DOT/FAA
This is comment on Proposed Rule
Practice in Air Safety Proceedings, etc.
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