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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

FILED NOV 1 7 ; ,10\1 11 201' Phone: 202-216-7000 I Facsimile: 202-219-8530

United States Court of Appeals Distri ct

Case Caption: JOSE LACSON

Petitioner

v.

CLERK

Case Number: 11-1447 UNITED STATES DEPARTMENT OF HOMELAND SECURITY, TRANSPORTATION SECURITY ADMINISTRATION

Respondent

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)

JOSE LACSON 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)

September ------------

20 11

Attorney for Petitioner(s)/Pro Se Party,

Mahon & Berger, Esqs.

By: Lawrence Berger, Esq.

Address: 70 Glen Street

Suite 280

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

1, Introduction

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),1 an.d 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 10J 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

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USCA Case #11-1447 Document #1343242 Filed: 11/17/2011 Page 3 of 3