Legal Interpretations
Romer 2003
Summary
The Question
Is a felony conviction for filing a false state income tax return a disqualifying criminal offense that bars unescorted access to airport areas and aircraft?
Background
An attorney representing a Dallas/Fort Worth-based airline pilot charged with that crime asked about 14 CFR 107.209(d)(26)(v) and 14 CFR 108.229(d)(26)(v), and whether a deferred adjudication counts as a conviction. The pilot's livelihood depends on unescorted access.
The FAA’s Interpretation
The FAA declined to decide because the matter is no longer its responsibility. Effective February 17, 2002, the FAA's civil aviation security rules were transferred to the Transportation Security Administration (TSA). The cited rules are now 49 CFR 1542.209(d)(26)(v) and 49 CFR 1544.229(d)(26)(v), and because TSA enforces them, the FAA referred the requester to TSA.
- Requester
- Romer
- Issued
- January 23, 2003
- Subject
- Small Unmanned Aircraft
Regulations Cited
- 14 CFR 107.209
- 14 CFR 108.229
- 49 CFR 1542.209
- 49 CFR 1544.229
Page 1
January 23, 2003
Nicholas M. Romer, Esq.
2020 Fieldstone Pkwy, Suite 900
Franklin, TN 37069
Re: Request for interpretation — FAR 107.209(d)(26)(v) and
108.229(d)(26)(v)
Dear Mr. Romer:
We are in receipt of your letter of January 22, 2003, wherein you request an interpretation of 14 C.F.R. §§ 107.209(d)(26)(v) and 108.229(d)(26)(v). Specifically, you ask if a felony conviction arising out of a falsely-filed state income tax return is a "disqualifying criminal offense" precluding the convicted individual from having unescorted access privileges to airport areas and aircraft. You also ask if a deferred adjudication constitutes a conviction under the regulations. We understand that you represent an airline pilot based in the Dallas/Fort Worth (D/FW) area who has been charged with the crime stated. His livelihood depends on having unescorted access to airport areas and aircraft.
Effective February 17, 2002, the FAA's rules governing civil aviation security were transferred to the Transportation Security Administration (TSA). See 67 FR 8340 (Feb. 22, 2002). The regulations you cite are now codified at 49 C.F.R. §§ 1542.209(d)(26)(v) and 1544.229(d)(26)(v). Inasmuch as enforcement of these regulations is the responsibility of the TSA, we refer you to that agency.
Sincerely,
LYNETTE WORD Regional
Counsel Southwest
Region
Snapshot retrieved August 6, 2026.