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DHS/OS RIN: 1601-AB09 Publication ID: Fall 2023 
Title: Procedures of the Transportation Security Oversight Board Review Panel Concerning Federal Aviation Administration Airman Certificates 

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 rule explains the process and procedures by which a party appeals the decision of an Administrative Law Judge (ALJ) relating to the amendment, modification, suspension, or revocation of a Federal Aviation Administration (FAA) Airman Certificate based on a determination by the Transportation Security Administration (TSA) that the Certificate holder 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 in the first instance.

Agency: Department of Homeland Security(DHS)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 6 CFR 126   
Legal Authority: 49 U.S.C. 115    49 U.S.C. 4611   
Legal Deadline:  None
Action Date FR Cite
Interim Final Rule  08/07/2022  87 FR 48431   
Interim Final Rule Comment Period End  09/08/2022 
Interim Final Rule Effective  09/08/2022 
Final Rule  12/00/2023 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:   Public Comment URL:  
RIN Data Printed in the FR: No 
Agency Contact:
Randall Kaplan
Department of Homeland Security
Office of the Secretary
2701 Martin Luther King Jr. Avenue SE, Mail Stop 0485,
Washington, DC 20528-0485
Phone:202 282-9822