Before making a “substantive change” to regulations affecting the public, the TSA, like all government agencies, is required to engage in “notice and comment rulemaking.” The basic idea is that before a rule gets made, the agency should publish the proposed change and their reasons for proposing it and allow the public to provide feedback. The agency then reviews the feedback, responds to it, and decides whether or not to proceed with the proposed rule.
The TSA failed to do this before implementing the rule establishing the body scanners as primary screening in 2010, but was ordered to do so post hoc by the U.S. Court of Appeals for the D.C. Circuit, and did so in 2013. Over 5,500 people took the opportunity to tell the TSA how they felt.
While a quick look made it clear that the overwhelming majority was opposed to the scanners, there was no…
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