Does anyone know what kind of change triggers a requirement for a public Q&A comment period? TSA got a wrist slap because it did not hold the required public Q&A comment period before implementing NoS. Now it's gotten a wrist slap and been told to use taxpayer money to conduct the comment period - with the understanding that regardless of the outcome, the NoS are here to stay. Is the implementation of the BDO program the same thing? Is it the kind of change that should have triggered a public Q&A comment period?
We should have the decision links handy: http://www.cadc.uscourts.gov/intern...0DE852578CE004FE42C/$file/10-1157-1318805.pdf Please correct me if I am wrong. The way I read the following is that TSA can still invoke the exception and dispense with the comment period: With blobs instead of nude images could they say comment is unnecessary because the imagery issue is moot? Good question about the BDO program, especially since the patdowns they drive are not optional, unlike the AIT.
Let's fact it -- they do what they want, when they want, how they want, public opinion be damned. To wit: From the Washington Post, re the EPIC lawsuit that began March 10, 2011: . . . Tatel and Judge Karen Henderson questioned whether the TSA would be within its authority to determine one day that the security threat required that all passengers be strip searched. Brinkmann said TSA could make such a determination without public input, as it did with the body scanners. http://www.washingtonpost.com/wp-dyn/content/article/2011/03/10/AR2011031003628.html
Good that this sort of stuff is making it to the court system. Each and every comment by TSA serves to indict them.
I just saw my typo -- "let's fact it" instead of "let's face it." But serendipitously, "let's fact it" is better!
