[Federal Register Volume 78, Number 233 (Wednesday, December 4, 2013)]
[Notices]
[Pages 72922-72926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29007]


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DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration

RIN 1652-ZA18


TSA Pre[check]TM Application Program Fee

AGENCY: Transportation Security Administration, DHS.

ACTION: Notice.

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SUMMARY: The Transportation Security Administration (TSA) announces the 
establishment of a fee for applicants of the TSA 
Pre[check]TM Application Program. Members of the public may 
apply to this TSA program by voluntarily providing biometric and 
biographic information and paying a fee. TSA will use these fees from 
applicants to fund selected activities of the TSA 
Pre[check]TM Application Program, including the cost of 
conducting the security threat assessment and adjudicating the 
application. Successful applicants will be eligible to receive 
expedited screening at participating U.S. airport security checkpoints, 
including use of a dedicated screening lane and more limited physical 
screening.

DATES: This notice is effective December 4, 2013.

FOR FURTHER INFORMATION CONTACT: Hao-y Froemling, Program Management 
Division, Office of Intelligence and Analysis (OIA), TSA-10, 
Transportation Security Administration, 601 South 12th Street, 
Arlington, VA 20598-0610; facsimile (703) 603-0409; or email at 
[email protected].

SUPPLEMENTARY INFORMATION: 

Availability of Notice Document

    (1) Searching the electronic Federal Docket Management System 
(FDMS) Web page at http://www.regulations.gov;
    (2) Accessing the Government Printing Office's Web page at http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR to view 
the daily published Federal Register edition; or accessing the ``Search 
the Federal Register by Citation'' in the ``Related Resources'' column 
on the left, if you need to do a Simple or Advanced search for 
information, such as a type of document that crosses multiple agencies 
or dates; or
    (3) Visiting TSA's Security Regulations Web page at http://www.tsa.gov and accessing the link for ``Stakeholders'' at the top of 
the page, then the link ``Research Center'' in the left column.
    In addition, copies are available by writing or calling the 
individual in the FOR FURTHER INFORMATION CONTACT section.

[[Page 72923]]

I. Summary

    TSA Pre[check]TM is a passenger prescreening initiative 
for low risk passengers who are eligible to receive expedited screening 
at participating U.S. airport security checkpoints.\1\ Currently, 
travelers eligible for TSA Pre[check]TM screening include 
members of U.S. Customs and Border Protection (CBP) trusted traveler 
programs, as well as other groups (such as elite frequent flyers) who 
are invited to apply directly to TSA Pre[check]TM.
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    \1\ Passengers who are eligible for expedited screening through 
a dedicated TSA Pre[check]TM lane typically will receive 
more limited physical screening, e.g., will be able to leave on 
their shoes, light outerwear, and belt, to keep their laptop in its 
case, and to keep their 3-1-1 compliant liquids/gels bag in a carry-
on. TSA Pre[check]TM lanes soon will be available at 100 
airports nationwide. See http://www.tsa.gov/press/releases/2013/03/28/tsa-pre%E2%9C%93%E2%84%A2-now-available-40-airports-nationwide-expedited-screening-begins and http://www.tsa.gov/press/releases/2013/09/04/tsa-precheck-expands-60-additional-airports.
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    As part of DHS efforts to implement trusted traveler programs, and 
to expand the population of travelers eligible for TSA 
Pre[check]TM screening, TSA is developing a trusted traveler 
program (to be called ``TSA Pre[check]TM Application 
Program'') for air travel originating at U.S. airports. The public is 
invited to apply directly to TSA for enrollment through the TSA 
Pre[check]TM Application Program. Travelers who are enrolled 
through the TSA Pre[check]TM Application Program are 
eligible to receive TSA Pre[check]TM screening at 
participating airports. Travelers interested in enrolling in the TSA 
Pre[check]TM Application Program will provide the necessary 
biographic and biometric information \2\ and pay a non-refundable fee 
of $85.00 for TSA to conduct security threat assessments. The results 
will be used by TSA to decide if an individual poses a low risk to 
transportation or national security. TSA will provide applicants who 
meet the standards of the security threat assessment a Known Traveler 
Number (KTN).\3\ The security threat assessments and KTNs are valid for 
five years. It is expected that after five years, participants may 
renew their KTN by successfully undergoing another security threat 
assessment and paying the applicable fee through the TSA 
Pre[check]TM Application Program.
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    \2\ Further information on information collection can be found 
in Intent To Request Approval From OMB of One New Public Collection 
of Information: TSA Pre[check]TM Trusted Traveler 
Program; Republication, 78 FR 45256 (July 26, 2013) (republished for 
technical correction). The biographic information that applicants 
will submit includes, for example: Name, gender, current contact 
information, date and place of birth, and identity verification 
information, such as a driver's license or passport. The biometric 
information from applicants will include fingerprints.
    \3\ The Known Traveler Number is a component of Secure Flight 
Passenger Data (SFPD), both of which are defined in TSA Secure 
Flight regulations at 49 CFR 1560.3. See also the Secure Flight 
regulations at 49 CFR part 1560.
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    TSA Pre[check]TM Application Program participants who 
provide their KTNs to airlines when they make their flight reservations 
may be eligible for expedited screening in the TSA 
Pre[check]TM lane at participating airports. Enrollment into 
the TSA Pre[check]TM Application Program, and use of the 
associated KTN, does not guarantee that an individual will receive 
expedited screening at airport security checkpoints. TSA retains a 
component of randomness to maintain the element of unpredictability for 
security purposes, and travelers with valid KTNs may be selected for 
standard physical screening on occasion. In addition, although the 
number of TSA Pre[check]TM lanes at U.S. airports is 
increasing, TSA Pre[check]TM is not yet available for all 
airports, all airlines, or all flights.

II. TSA Pre[check]TM

    TSA is required to provide for the screening of all passengers and 
property in air transportation.\4\ TSA screens every passenger and all 
accessible property before the passenger may enter the sterile area of 
the airport and board a flight. TSA screens more than 1.7 million 
passengers each day at more than 450 airports nationwide. TSA employs 
risk-based procedures to screen all individuals who pass through the 
TSA security checkpoints.
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    \4\ See 49 U.S.C. 44901(a).
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    TSA is undertaking efforts to focus its resources and improve the 
passenger experience at security checkpoints by applying new 
intelligence-driven, risk-based screening procedures and enhancing its 
use of technology. This approach is based on, among other things, the 
following premises:
     The majority of airline passengers are low risk.
     By having passengers voluntarily provide more information 
about themselves, TSA can better segment the population in terms of 
risk.
     TSA can better increase security by focusing on unknowns; 
and expediting known and trusted travelers.
    TSA has taken a number of actions to implement its intelligence-
driven, risk-based approach to aviation security. These actions include 
expedited screening for passengers 12-years old or younger or 75-years 
old or older and for U.S. military personnel. These steps enhance 
aviation security by permitting TSA to focus its limited security 
resources on passengers who are more likely to pose a threat to civil 
aviation, while also facilitating and improving the commercial aviation 
travel experience for the public.
    TSA Pre[check]TM expedited screening for commercial 
airline passengers is a key component of this intelligence-driven, 
risk-based approach to aviation security. Persons generally eligible 
for TSA Pre[check]TM include those who are elite members of 
participating airlines' frequent flyer programs or who participate in 
trusted traveler programs recognized by the U.S. Government. These 
trusted traveler programs include the CBP trusted traveler programs \5\ 
such as Global Entry, NEXUS, and Secure Electronic Network for 
Travelers Rapid Inspection (SENTRI).\6\ Under such programs, following 
a background investigation, eligible individuals receive an identifying 
number from the respective program. An airline passenger may provide 
that identifying number in the KTN field when making a flight 
reservation. Airlines provide the KTN, along with other Secure Flight 
Passenger Data (SFPD), to TSA through the Secure Flight program.\7\ TSA 
then compares the submitted information against a list of trusted 
traveler program participants received from the program sponsor. If the 
passenger's identifying information matches the entry on the list of 
trusted travelers, the passenger is eligible for TSA 
Pre[check]TM expedited screening.
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    \5\ See www.cbp.gov/xp/cgov/travel/trusted_traveler/.
    \6\ Currently, only U.S. citizens in these programs and Canadian 
citizens in the NEXUS program are eligible for TSA 
Pre[check]TM expedited screening.
    \7\ SFPD consists of name, gender, date of birth, passport 
information (if available), redress number (if available), KTN (if 
available), reservation control number, record sequence number, 
record type, passenger update indicator, traveler reference number, 
and itinerary information. See the Secure Flight regulations at 49 
CFR part 1560.
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    The CBP trusted traveler programs have been successful in serving 
international travelers seeking expedited customs and immigration 
clearance at ports of entry into the United States and at border 
crossings into Canada or Mexico. The eligibility of these trusted 
traveler program members for TSA Pre[check]TM expedited 
screening for flights departing from participating U.S. airports also 
has been beneficial to both these travelers and the TSA. Consistent 
with DHS efforts to provide trusted traveler programs, TSA is seeking 
to expand access to TSA Pre[check]TM expedited screening to 
additional trusted travelers who may not want or need expedited customs 
and immigration clearance at the border, may not have a passport, or 
may not live in locations convenient to a CBP enrollment site. Thus, 
TSA is

[[Page 72924]]

establishing the TSA Pre[check]TM Application Program to 
provide travelers another avenue to obtain KTNs that will make them 
eligible for TSA Pre[check]TM.
    Members of CBP trusted traveler programs who are U.S. or Canadian 
citizens will continue to be eligible for TSA Pre[check]TM 
expedited screening. However, those who enroll in the TSA 
Pre[check]TM Application Program will not be able to use 
Global Entry, NEXUS, or SENTRI for expedited immigration and customs 
clearance when traveling to or from the United States unless they are 
already members of these programs.

III. TSA Pre[check]TM Application Program

A. Overview

    TSA is implementing the TSA Pre[check]TM Application 
Program pursuant to its authority under sec. 109(a)(3) of the Aviation 
and Transportation Security Act (ATSA), Public Law 107-71 (115 Stat. 
597, 613, Nov. 19, 2001, codified at 49 U.S.C. 114 note). That section 
authorizes TSA to ``[e]stablish requirements to implement trusted 
passenger programs and use available technologies to expedite security 
screening of passengers who participate in such programs, thereby 
allowing security screening personnel to focus on those passengers who 
should be subject to more extensive screening.'' Under this program, 
travelers may be eligible for expedited security screening for air 
travel through TSA Pre[check]TM lanes if they: (1) 
Voluntarily submit requested biometric and biographic information to 
TSA; (2) pay the non-refundable program fee that covers TSA's costs for 
conducting the security threat assessment and adjudicating the 
application; and (3) meet the standards of the security threat 
assessment to confirm that they do not pose a threat to transportation 
or national security.
    The security threat assessment includes criminal, immigration, 
terrorist, and regulatory violation checks. TSA plans to use the 
criminal disqualifiers listed in statute \8\ and rulemaking \9\ for 
certain transportation workers as a basis for the criminal portion of 
the check. This includes, but is not limited to, indictments and 
convictions for crimes such as treason, air piracy, murder, assault 
with intent to kill, kidnapping, arson, fraud, bomb threats, RICO 
violations, smuggling, robbery, bribery, distribution of controlled 
substances, and unlawful use or possession of weapons or explosive 
devices. For the immigration portion of the check, TSA will verify that 
the applicant is a U.S. national (which includes U.S. citizens) or 
legal permanent resident. TSA will review government and international 
databases to determine whether the applicant has a connection or ties 
to terrorism, or that indicate he or she poses a threat to 
transportation or national security. TSA also will review records of 
regulatory violations to determine whether the applicant has violated 
regulations related to transportation security, such as interference 
with screening personnel or flight crew, or unlawfully attempting to 
carry or carrying a weapon or explosive on board an aircraft.
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    \8\ See 49 U.S.C. 44936(b) and 46 U.S.C. 70105(c)(1).
    \9\ See 49 CFR 1542.209(d), 1572.103(a) through (c), and 
1572.107(b).
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    Eligibility for the TSA Pre[check]TM Application Program 
is within the sole discretion of TSA. TSA will provide individuals who 
pose a low risk to security with a KTN, which program members may use 
when making travel reservations. An individual is ineligible for the 
TSA Pre[check]TM Application Program, if TSA at its sole 
discretion, determines that the individual presents a potential risk 
for terrorism, has committed certain criminal acts, or is otherwise not 
a low-risk traveler. Individuals who TSA determines are ineligible for 
the TSA Pre[check]TM Application Program will be notified of 
their ineligibility in writing and continue to be screened at airport 
security checkpoints according to TSA standard screening protocols.
    Initially, TSA anticipates opening a limited number of enrollment 
sites at airports and at off-airport locations. TSA will also explore 
temporary mobile enrollment at corporate offices, conferences, and 
other venues that choose to provide this service to their personnel or 
participants. TSA expects to implement the program nationwide.
    Those seeking to enroll in the TSA Pre[check]TM 
Application Program will have two options. One option is to begin the 
application process online by submitting biographic information and 
then completing the application process by visiting an enrollment 
center to provide biometric information. A second option is that an 
individual may complete the entire application process by visiting an 
enrollment center and providing both the required biographic and 
biometric information at that time. In both instances the applicant 
will be required to remit the published fees. TSA will conduct vetting 
of the applicants in a manner similar to how it vets applicants for a 
Hazardous Materials Endorsement (HME) and Transportation Worker 
Identification Credential (TWIC). See 49 CFR parts 1570 and 1572. The 
required biographic information is similar to that collected for HME 
and TWIC applicants, which is described in 49 CFR 1572.9 and 1572.17, 
and includes name, date of birth, gender, height, weight, eye and hair 
color, address, citizenship/immigration status, and place of birth. 
Applicants will be required to submit fingerprints in-person at an 
enrollment center or during a mobile enrollment event. Submission of 
this biographic and biometric information enables TSA to complete 
checks on an applicant's criminal history, ties to terrorism and 
citizenship. TSA will notify the public of the locations of applicable 
enrollment sites as the program is implemented.

B. Security Threat Assessment

    Once an applicant has submitted the required biographical and 
biometric information and paid the non-refunable fee, TSA will use its 
existing systems and processes to conduct the security threat 
assessment. The security threat assessment consists of a criminal 
history records check (CHRC) and analysis of other government 
databases, including terrorist watchlists and records of violations of 
regulatory requirements relating to transportation security. Those 
persons who have committed security-related regulatory offenses at an 
airport, airport checkpoint, airport checked baggage area, other 
airport area, on board an aircraft, or in connection with air cargo 
will not be eligible. TSA will also conduct an immigration check to 
confirm eligibility.
    Eligibility for the TSA Pre[check]TM Application Program 
is within the sole discretion of TSA, which will notify applicants who 
are denied eligibility in writing by mail of the reasons for the 
denial. If initially deemed ineligible, applicants will have an 
opportunity to correct cases of misidentification or inaccurate 
criminal or immigration records. Consistent with 28 CFR 50.12 in cases 
involving criminal records, and before making a final eligibility 
decision, TSA will advise the applicant that the Federal Bureau of 
Investigation (FBI) criminal record discloses information that would 
disqualify him or her from the TSA Pre[check]TM Application 
Program.
    Within 30 days after being advised that the criminal record 
received from the FBI discloses a criminal offense, the applicant must 
notify TSA in writing of his or her intent to correct any information 
he or she believes to be inaccurate. If the applicant fails to notify 
TSA of the intent to correct records, the applicant will likely not be 
eligible for the program and TSA will send a letter to the applicant 
explaining this. To successfully correct an

[[Page 72925]]

inaccurate record, the applicant must provide a certified revised 
record, or the appropriate court must forward a certified true copy of 
the information, prior to TSA approving eligibility of the applicant 
for the TSA Pre[check]TM Application Program.
    With respect to immigration records, within 30 days after being 
advised that the immigration records indicate that the applicant is 
ineligible for the TSA Pre[check]TM Application Program, the 
applicant must notify TSA in writing of his or her intent to correct 
any information believed to be inaccurate. TSA will review any 
information submitted and make a final decision. If neither 
notification nor a corrected record is received by TSA, TSA may make a 
final determination to deny eligibility. Individuals whom TSA 
determines are ineligible for the TSA Pre[check]TM 
Application Program will continue to be screened at airport security 
checkpoints according to TSA standard screening protocols.

IV. Fees

    As part of the TSA Pre[check]TM Application Program, TSA 
will conduct security threat assessments on applicants to determine 
whether they pose a low risk to transportation or national security. 
TSA will also charge a non-refundable fee to apply for the program. TSA 
is establishing the TSA Pre[check]TM Application Program fee 
under sec. 540 of the DHS Appropriations Act, 2006, Public Law 109-90 
(119 Stat. 2064, 2088-89, Oct. 18, 2005), which states:

    For fiscal year 2006 and thereafter, notwithstanding section 553 
of title 5, United States Code, the Secretary of Homeland Security 
shall impose a fee for any registered traveler program undertaken by 
the Department of Homeland Security by notice in the Federal 
Register, and may modify the fee from time to time by notice in the 
Federal Register: Provided, that such fees shall not exceed the 
aggregate costs associated with the program and shall be credited to 
the Transportation Security Administration registered traveler fee 
account, to be available until expended.

A. Fee Standards and Guidelines

    The program fee structure described in this notice is designed to 
fully recover TSA's anticipated costs of the TSA 
Pre[check]TM Application Program. Such a structure will 
ensure that the costs to administer this program will be recovered from 
its applicants, in the same way TSA operates other vetting programs. 
When setting fees for services, TSA adheres to Federal policy, 
including policy outlined in the Office of Management and Budget 
Circular A-25 regarding user charges. In summary, the circular provides 
information regarding the basis upon which user charges are to be 
established and the implementation of such fees.

B. Fee Components

    The fee is comprised of two components, discussed further below: 
(1) ``TSA Fee''; and (2) ``FBI Fee.'' TSA has identified various 
activities that will be funded through fees, including: Establishment 
and operation of a web-based platform for applicants to complete the 
submission of biographic information; establishment and operation of 
physical locations for applicants to complete the in-person portion of 
the enrollment process; construction, maintenance, and operation of the 
information technology platforms that are used to conduct a security 
threat assessment; verification of identity and U.S. citizenship or 
other permissible immigration status; adjudication of the results of 
the various checks conducted during the vetting process; a CHRC, 
conducted through the FBI; issuance of a KTN; and overall management 
and oversight of the program.
    To calculate the TSA Pre[check]TM Application Program 
fee with full recovery TSA's anticipated costs of the TSA 
Pre[check]TM Application Program, TSA developed population 
and cost figures for a five-year period. The five-year period also 
matches the lifecycle of the program for members, i.e., program members 
would be eligible for expedited screening for five years, after which 
they could apply to renew their membership in the program.
    Because this program is voluntary and establishes a new security 
service, TSA could not utilize historical enrollment data or data on a 
defined industry population to develop estimates. TSA developed an 
alternative method to estimate the population using three factors based 
on CBP Global Entry enrollments and usage, as well as the TSA 
Pre[check]TM Application Program rollout strategy. First, 
CBP records show that of the approximately one million annual Global 
Entry program applicants who join the program approximately 40 percent 
(or 400,000) of those program participants have not used the expedited 
customs and immigration clearance process of Global Entry. One 
conclusion that may be drawn from this analysis is that some travelers 
that enroll in Global Entry may be doing so to gain TSA 
Pre[check]TM expedited screening. Second, monthly Global 
Entry enrollments spiked by an average of 35,000 (or 420,000 annually) 
once reciprocity was provided between Global Entry and TSA 
Pre[check]TM in October 2011, and this number continues to 
grow. Third, the initial rollout of the TSA Pre[check]TM 
Application Program will be limited to a few locations with expansion 
to additional enrollment sites in later months. This rollout will 
affect the number of travelers who will be able to enroll in the TSA 
Pre[check]TM Application Program during the first year. 
Considering these three factors, TSA has estimated that the annual 
average number of applicants who will apply to the TSA 
Pre[check]TM Application Program in the first five years of 
the program will be 390,000.
    The cost estimates used to determine the fee have been developed in 
accordance with the applicable statutory language, section 540 of the 
DHS Appropriations Act, 2006, and Office of Management and Budget 
Circular A-25. Further cost information is provided in the TSA 
Pre[check]TM Application Program Fee Development Report at 
www.tsa.gov.
    TSA will charge a total fee of $85.00 per person to recover fully 
the cost of this security service.
    1. TSA Fee. This fee component is established to fully recover the 
estimated costs TSA will incur to enroll applicants, process 
applications including any necessary redress, communicate results, 
monitor participants, and provide overall program management and 
oversight. Such activities include costs for personnel, modifications 
to information technology systems, system redundancy, system 
integration, helpdesk services, mailings, and general program office 
management. This fee component is $70.50 and will ensure that each 
program participant is charged an equitable portion of the cost 
necessary to operate this program.
    2. FBI Fee. This fee component is established to fully recover the 
cost that the FBI imposes on TSA to conduct a CHRC. As part of the 
security threat assessment, TSA submits fingerprints to the FBI to 
obtain any criminal history records that correspond to the 
fingerprints. The FBI is authorized to establish and collect fees to 
process fingerprint identification records. See 28 U.S.C. 534 note. 
This fee is currently set at $14.50. See Notice, FBI Criminal Justice 
Information Services Division; Revised User Fee Schedule, 76 FR 78950 
(Dec. 20, 2011). If the FBI increases or decreases its charge to 
complete the CHRC, the increase or decrease will apply to this program 
fee component and the total TSA Pre[check]TM Application 
Program fee on the date that the new FBI fee becomes effective.
    TSA will collect the total non-refundable fee of $85.00 per person 
at

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the time of application to the program in accordance with TSA-approved 
payment methods. TSA will not issue fee refunds once vetting services 
have commenced. Further, TSA will not refund the fee, in whole or in 
part, to individuals who are not approved for participation in the 
program based upon the results of TSA's assessment. The TSA 
Pre[check]TM Application Program KTN, and the underlying 
security threat assessment, are valid for a maximum of five years or 
until a disqualification occurs. Travelers have the option to renew 
their enrollment through the TSA Pre[check]TM Application 
Program at the end of the five years by submitting an application and 
paying the fee.

    Dated: November 19, 2013.
John S. Pistole,
Administrator.
[FR Doc. 2013-29007 Filed 12-3-13; 8:45 am]
BILLING CODE 9110-05-P