Department of Homeland Security August 9, 2022 – Federal Register Recent Federal Regulation Documents

The Department of Homeland Security (DHS) is amending its regulations to codify certain review procedures of the Transportation Security Oversight Board (TSOB) Review Panel. This interim final rule explains the process by which a party appeals the decision of an Administrative Law Judge (ALJ) relating to the determination by the Transportation Security Administration (TSA) that an individual holding a Federal Aviation Administration (FAA) certificate poses or is suspected of posing a security threat. Publishing and codifying the procedures will enhance the TSOB review process by providing clarity to members of the Review Panel and litigants concerning filing deadlines, the form of motions and briefs, the administration of hearings, the standard of review, and the effect of TSOB Review Panel decisions. Providing clarity will reduce misconceptions about the intended process, encourage the uniform treatment of litigants, and promote consistent outcomes. Also, advance knowledge of the procedures will enable prospective parties to make informed decisions concerning whether to seek an appeal of an ALJ's decision. DHS invites comment on the interim final rule and will issue a final rule following consideration of the comments received.