Last month I noticed that the lawsuit by EPIC to suspend scanner use at airports might be finished for good. If so, that would mean TSA must hold a public comment period on its rules, even while they are in force. What good would that do? It's interesting to look at the plight of non-airline aircraft owners, who have been facing draconian TSA security requirements for any airplane over 12,500 pounds since 2008. The TSA program, known as LASP (Large Aircraft Security Program), threatened to ensnare owners of aircraft 10% of the size of a Boeing 737 airliner, which is actually quite small. In the case of LASP, TSA followed the public comment requirement rigorously and met strong, organized opposition. Several years and many public hearings later, LASP is still not in force and TSA is in the process of revising their proposed rules. A new version is expected to emerge soon, it will be the subject of public comment yet again. If TSA's new version is substantially different from the old one, then perhaps a public comment period might actually improve passenger aviation.
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