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Transportation Security Administration

Final Order on 5 insitive Security Information in connection with MacLean v. Department qflltmeland Security, No. SF-O752-O6-O6ll-M(M.S.P.B.)

Request for Issuance ol Final Order

In MacLemz v. Department o f Homeland Security, No, SF-0752-06-061 1-1-1 (M.S.P.B.), Appellant Robert MacLean, thrc ugh his pleadings, seeks to challenge the Appellee U.S. Department of Homeland Seed y's position that certain information relevant to the abovecaptioned matter i s Sensitive Sm urity Information (SSX). In order to facilitate judicial review, Appellee's attorneys have asked F0r.a final agency determination on the matter.
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Delegation of Authority to Make Final SSI Det$rimnatioia

The authority to identify information pertaining to transportation security ss SSI is delegated f r o m the Adrninistrato~ to the Deputy Administrator, pursuant to a delegation order signed by thenAdministrator J.Iv:. b y , on April 10,2003. The Deputy Administrator further delegated the authority to the Dir ztor o f the SSI Office, pursuant to a delegation order signed by (hen Acting Deputy Administrate r, Kenneth Kasprisin, on April 29,2005. Both delegation orders are in effect as of the date sfthis Final O r d e r and have not been amended,


Final SSI Determination

The information at issue, vhich Federal Air Marshal (FAM) management disseminated via text message to the governme:: it-issued mobile phones of Las Vegas FAMs in late July 2003, is that "all RON (Remain Overnii*t) missions [from the date of the message] up to August 9th would be cancelled." g^e Notice ?fRemoval (Apr. 10,2006). Pursuant to 49 U . S . C . fi 114 ( s ) and 49 C.F,R. P a r t 1520, it is my detennhation that, on July 29,2003, the j,nfomiationin 'L uestion constituted SSI wader the $31 regulation then in effect, 49 C.F.R. <j 1:520.70')as the info:mation concerned specific FAM deployments or missions on long-distance flights.



' On May 18,2004, TSA it codified 4 1520.70)at 49 C.F.R. 8 1520,5(8)(ii),its cuircnt


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Final Order

This Order is issued line er 49 U.S.C. 4 114(s) and is final. Pursuant to 49 U.S.C. $ 46110, any person disclosing a substantial interest in this Order may,within 60 days of its issuance, apply for review by :Ting a petition for review i n an appropriate U.S. Court of Appeals.