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lMiTElrSiATES"COUirr OF APPEALS
UNITED STATES COURT OF ApPEAL
DISTRICT OF COLUMBIA CIRCUIT -
333 Constitution Avenue, NW
Washington, DC 20001-2866
NOV 1 7
; ,10\1 11 201'
Phone: 202-216-7000 I Facsimile: 202-219-8530
United States Court of Appeals
Di st ri ct
Case Caption: JOSE LACSON
UNITED STATES DEPARTMENT OF HOMELAND
SECURITY, TRANSPORTATION SECURITY ADMINISTRATION
PETITION FOR REVIEW OF AN AGENCY, BOARD, COMMISSION, OR OFFICER
Notice is hereby given this the 14th day of __ N_o_v_e_m_b--,-e_r __ 20 that petioner(s)
hereby petitions the United States Court of Appeals for the District
of Columbia Circuit for review of the order of the respondent(s) U.S. DHS, TSA entered
the 20th day of
USCA Form 12
AUGUST 2009 (Revised)
Attorney for Petitioner(s)/Pro Se Party,
Mahon & Berger, Esqs.
By: Lawrence Berger, Esq.
Address: 70 Glen Street
Glen Cove, NY 11542
Telephone: (516) 671-2688
USCA Case #11-1447 Document #1343242 Filed: 11/17/2011 Page 1 of 3
U.S. DepfI-rtmcl,lt qf HOII1e.lflIHl
Arlington, VA 22202
Final Order on Sensitive Secudty Information in cQntlection with
Lacson v. Dep 'f arNO/he/and Sec., A.T-OiS2-11
F0r111el' Federal Air Marshal (FAM) Jose Lacson 1s challenging his removal by the
Transportati01i Security Administration (TSA) faY, among other reasons, releasing Sensitive
Security Information (SSI) by .posting it to a public wehsite. PAM Lacs011, through his
has contested \vhethel' the statenlents l)osted to this public website include SSI.
The TSA SSI Program has conducted a l'evic\v of these statements 'and hereby issues a final
determination that four stateh1e1its; which are attachyd as Exhibit A, contain SSt.
II. Authority to S81 Detern1inations
The Adlnitilstrs,tOl' ofTSA by 49 U.S.C. § 114(1'), fOi'nlel'ly 49 U.S.C. § 114(s),
49 C.F.R. part 1520 to determine whethel' h1forrnation peliaining to transportation security
SST. The authority to identi(y information pertaining to transportation security as
SSI has been delegated frol11 the Adlninistnltor to the Deplity Administrator, pursuant to a
delegation order signed by then Adluinistratol' J.M, Loy, on April 10
2003. The Deputy
Adn1inistrator further delegated the authority to the Director of the SSI Office, now referred to as
the Chief of the SSI pUl'suant to a delegation order signed by then Acting Deputy
Kenneth Kasprisin, on April 29, 2005. Both delegation. ordel'S are in effect as of
the date of this Final Order and have not been amended.
III. Revie\\r ofFAIvl Lacson's Statements
Pursnant to 49 D.S.C. § 114(1') a.ud 49 C;F.R. part 1520> TSA security experts reviewed the
statenlcllts posted by Lacson on the publio website for' the purpose of determining .whether they
cont.ain SSt Based upon this revie\v, I have detennined that the statements included in Exhibit
A of this Final Ol'del' contain SSI, l1n.dex the following subsection of 49 C.F.R. part 1520:
measunJS, Specific details of aviation> ll1aritinie, 01' rail
transportation seourity Ineasures, both OpCi'utional and techuical}
whether applied directly by the Federal govermncnt 01' another
petson, Including. , , [i]nformatioll concenting the deplo),lncnts,
1 Subsection (s) of section 114 was redesignated as subsection (r) by the Consolidated Appropriations Act 2008)
_.J?ub. L. No. 110-161) Div. EJ § 568(a), i21 Stat. 1844,2092 (2007).
USCA Case #11-1447 Document #1343242 Filed: 11/17/2011 Page 2 of 3
numbers, and operations of ... Federal Air Marshals .... " 49
C.F.R. lS20.5(b )(8)(H).
IV. Final Order
This Order is issued under 49 U.S.C. § 114(1') !;}l1d is final. PUl'stl.ant to 49 U.S.C. § 46110, any
person disclosing a substa.ntial interest jn this Order may, within 60 days of its issuance, apply
for review by filing a petition for yeview ill an c:l,Ppropriate U.S, Court of Appeals.
\VjJHam 'E. BelUler, Jr.
Chief, SSI Pl'ogralu
Office of Security Services and AsseSSlnents
Office of Law Enforcelnent/Federal Air Marshal Service
Transpoliation Security Administration
U.S. Department of H0111eland Security
USCA Case #11-1447 Document #1343242 Filed: 11/17/2011 Page 3 of 3