[Federal Register Volume 85, Number 223 (Wednesday, November 18, 2020)]
[Notices]
[Pages 73502-73504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25368]


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DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration

[Docket No. TSA-2009-0018]


Intent to Request Extension From OMB of One Current Public 
Collection of Information: Certified Cargo Screening Standard Security 
Program

AGENCY: Transportation Security Administration, DHS.

ACTION: 60-day notice.

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SUMMARY: The Transportation Security Administration (TSA) invites 
public comment on one currently approved Information Collection Request 
(ICR), OMB control number 1652-0053, abstracted below that we will 
submit to the Office of Management and Budget (OMB) for an extension in 
compliance with the Paperwork Reduction Act. The ICR describes the 
nature of the information collection and its expected burden. The 
collections of information that make up this ICR include: (1) 
Applications from entities that wish to become Certified Cargo 
Screening Facilities (CCSFs), Third-Party Canine-Cargo (3PK9-C) 
Certifiers or Certified Cargo Screening Program-Canine (CCSP-K9) 
Holders; (2) personally identifiable information to allow TSA to 
conduct security threat assessments (STA) and/or Criminal History 
Records Check (CHRC) on certain individuals employed by the CCSFs, 
3PK9-C Certifiers, Certified Cargo Screening Facilities-K9 (CCSF-K9) 
and those authorized to conduct 3PK9-C Program activities; (3) standard 
security program or submission of a proposed modified security program 
or amendment to a security program by CCSFs and CCSF-K9s or standards 
provided by TSA or submission of a proposed modified standard by 3PK9-C 
Certifiers; (4) recordkeeping requirements for CCSFs, CCSF-K9s and 
3PK9-C Certifiers; (5) designation of a Security Coordinator (SC) by 
CCSP Holders, CCSP-K9 Holders and 3PK9-C Certifiers; and (6) 
significant security concerns detailing information of incidents, 
suspicious activities, and/or threat information by CCSP Holders, CCSP-
K9 Holders and CCSP-K9 Holders. TSA is seeking an extension of this ICR 
for the continuation of the Certified Cargo Screening Program (CCSP) in 
order to secure passenger aircraft carrying cargo.

DATES: Send your comments by January 19, 2021.

ADDRESSES: Comments may be emailed to [email protected] or delivered to 
the TSA PRA Officer, Information Technology, TSA-11, Transportation 
Security Administration, 6595 Springfield Center Drive, Springfield, VA 
20598-6011.

FOR FURTHER INFORMATION CONTACT: Christina A. Walsh at the above 
address, or by telephone (571) 227-2062.

SUPPLEMENTARY INFORMATION:

Comments Invited

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), an agency may not conduct or sponsor, and a person is 
not required to respond to, a collection of information unless it 
displays a valid OMB control

[[Page 73503]]

number. The ICR documentation will be available at www.reginfo.gov upon 
its submission to OMB. Therefore, in preparation for OMB review and 
approval of the following information collection, TSA is soliciting 
comments to--
    (1) Evaluate whether the proposed information requirement is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of the burden;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the collection of information on those 
who are to respond, including using appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology.
    Consistent with the requirements of Executive Order (E.O.) 13771, 
Reducing Regulation and Controlling Regulatory Costs, and E.O. 13777, 
Enforcing the Regulatory Reform Agenda, TSA is also requesting comments 
on the extent to which this request for information could be modified 
to reduce the burden on respondents.

Information Collection Requirement

    OMB Control Number 1652-0053, Certified Cargo Screening Standard 
Security Program, 49 CFR Parts 1515, 1540, 1544, 1546, 1548, and 1549. 
Section 1602 of The Implementing Recommendations of the 9/11 Commission 
Act of 2007 (Pub. L. 110-53, 121 Stat. 266, Aug. 3, 2007) (August 2007) 
(9/11 Act) required the development of a system to screen 100 percent 
of such cargo no later than August 2010. TSA currently requires 100 
percent screening of all cargo transported on passenger aircraft.\1\ 
The screening of air cargo must be in a manner approved by TSA and be 
commensurate with the level of security for the screening of passenger 
checked baggage.\2\
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    \1\ See 49 CFR 1544.205(g) and 1546.205(g)(1).
    \2\ Id. See also 49 U.S.C. 44901(g)(2).
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    TSA's regulations in 49 CFR part 1549 for the Certified Cargo 
Screening Program (CCSP) support the 9/11 Act mandate by providing an 
alternative means of compliance with the 100% screening requirement. In 
order to comply with the statutory mandate, the CCSP allows shippers, 
indirect air carriers, and other entities to voluntarily participate in 
a program through which TSA certifies entities to screen air cargo off-
airport before it is tendered to air carriers for transport on 
passenger aircraft. CCSFs may screen cargo off-airport and must 
implement measures to ensure a secure chain of custody from the point 
of screening to the point at which the cargo is tendered to the 
aircraft operator. The collection of information under the CCSP (see 
OMB number 1652-0053) are incorporated into this ICR.
    As a signatory to the Convention on International Aviation, the 
United States has agreed to apply the standards contained in Annex 17 
as promulgated by the International Civil Aviation Organization (ICAO). 
Amendment 14 of Annex 17 removed the distinction between passenger and 
cargo operations and now requires that all cargo be subject to security 
controls, including screening where practicable, on all commercial air 
transport operations.\3\ ICAO has provided until June 30, 2021 for 
member states to implement the above standard. When considering the 
current requirement to screen 100% of air cargo transported on 
passenger and all cargo aircraft, TSA expects that there will be an 
increase in demand for more options to mitigate the cost of screening 
cargo as the United States begins to build up and implement security 
controls to meet the June 30, 2021 deadline to implement Annex 17, 
Standard 4.6.1.
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    \3\ See Convention of International Civil Aviation, Amendment 
14, Annex 17, Standard 4.6.1.
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    In the Spring 2020, OMB approved TSA's request to revise the ICR in 
response to changing conditions in the air cargo industry. Consistent 
with the need to expand screening capabilities to meet the ICAO 
standards that take effect in 2021, the TSA Modernization Act required 
TSA to develop a program for TSA to certify 3PK9-C Teams to screen air 
cargo.\4\ TSA incorporated this capability under the framework of the 
CCSP, providing an opportunity for canine team providers to choose to 
be regulated as CCSFs under 49 CFR part 1549 and approved to use 
Certified 3PK9-C Teams to screen cargo for TSA regulated entities.
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    \4\ See sec. 1941 of the FAA Reauthorization Act of 2019, 
Division K, Title I (Pub. L. 115-254; 132 Stat. 3186; Oct. 5, 2018).
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    All CCSFs are required to allow TSA to assess whether a person or 
entity meets the standards of the applicable security program 
requirements. A CCSF-K9 is an inherently mobile capability that can 
screen cargo at the facility owned and operated by one of TSA's 
regulated entities. As holders of a TSA-approved security program 
issued pursuant to 49 CFR part 1549, canine providers participating in 
this program can contract with air carriers and standard CCSFs to 
screen air cargo, on or off airport, with canine explosives detection 
teams certified as meeting TSA's standards. The 3PK9-C program approves 
third-party (non-governmental) certifiers, operating under the 3PK9-C 
Certifier Order, to evaluate canine teams to determine whether these 
teams meet the TSA certification standards.
    Recognizing non-governmental entities to evaluate 3PK9-C Teams to 
determine whether these teams meet TSA's standards for the 
certification of explosives detection canine teams approved to screen 
air cargo serves two purposes. First, it ensures effective security. 
TSA must have confidence that the screening conducted by Certified 
3PK9-C Teams will protect air cargo by identifying unauthorized 
explosives, incendiaries, and other destructive substances and protect 
the air cargo from the introduction of these destructive substances 
from the time the cargo is screened until it is accepted by an aircraft 
operator or a foreign air carrier for transport. To provide this 
confidence, TSA established uniform processes and standards for 
approval of 3PK9-C Certifiers, including qualification of personnel who 
will evaluate canine teams and consistent application of TSA's criteria 
for canine teams seeking certification or recertification as a 
Certified 3PK9-C Team. Second, the use of third-party certifiers allows 
for market-driven expansion of the program. As required by section 1941 
of the TSA Modernization Act, no federal funds can be expended for the 
training or certification of canine teams operating under this program. 
As with the CCSF-K9s, qualified persons may apply to become a 3PK9-C 
Certifier. If approved, the 3PK9-C Certifier agrees to comply with an 
Order issued by TSA under the authority of 49 U.S.C. 46105.
    There are three primary programs issued under 49 CFR part 1549 that 
ensure compliance with TSA's requirements by persons choosing to 
participate in the program: (1) The Certified Cargo Screening Security 
Program, applicable to facilities-based CCSFs; (2) the Certified Cargo 
Security Program-Canine, applicable to canine team providers; and (3) 
the 3PK9-C Certifier Order, applicable to third-party certifiers. The 
collections of information under the CCSP are incorporated into this 
ICR. The following are required to maintain participation under the 
programs available under the CCSP:

    (1a) CCSF Applications. A CCSF and CCSF-K9 applicant is required 
to submit an

[[Page 73504]]

application to become a CCSF at least 90 days before the intended 
date of operation. In addition, once certified as a CCSF, the CCSF 
is required to submit any changes to the application information as 
they occur. CCSFs must renew their certification every 36 months by 
submitting a new complete application. CCSF applicants are required 
to provide TSA access to their records, equipment, and facilities 
necessary for TSA to conduct an eligibility assessment. (49 CFR 
1549.7). A CCSF-K9 applicant must also submit an Operational 
Implementation Plan (OIP), described within the CCSP-K9 and any 
changes to the plan information as they occur.
    (1b) 3PK9-C Certifier Applications. TSA requires submission of 
initial applications, and updates to information in an application, 
by any person interested in being a 3PK9-C Certifier under the 3PK9-
C Certifier Order.
    (2a) STA Applications. TSA regulations require CCSF applicants 
to ensure that individuals performing cargo screening and related 
functions, and their supervisors have completed an STA conducted by 
TSA. In addition, TSA regulations require CCSF Security Coordinators 
and their alternates to successfully have completed an STA. TSA 
regulations further require these individuals to submit personally 
identifiable information so that TSA can perform STAs. See TSA Form 
419F, previously approved under OMB control number 1652-0040 (49 CFR 
1549.111 and 1549.103).
    (2b) CHRC. TSA requires collection of personally identifiable 
information including fingerprints as necessary to conduct a CHRC 
from 3PK9-C Certifiers, CCSF-K9s, employees and authorized 
representatives, and those authorized to conduct 3PK9-C Program 
activities with unescorted access to a Security Identification 
Display Area, screening of air cargo, or carrying of explosives in 
the air cargo environment.
    (3) Recordkeeping. TSA requires CCSFs, CCSF-K9s, (49 CFR 
1549.105), and 3PK9-C Certifiers to maintain records of compliance 
and make them available for TSA inspection.
    (4a) Security Programs. TSA requires CCSFs and CCSF-K9s to 
accept and operate under a standard security program provided by 
TSA, or submit a proposed modified security program or amendment(s) 
to the designated TSA official for approval initially and 
periodically thereafter as required (49 CFR 1549.7).
    (4b) The 3PK9-C Certifier Order. TSA requires 3PK9-C Certifiers 
to accept standards provided by TSA, or submit a proposed modified 
standard to the designated TSA official for approval initially and 
periodically thereafter as required.
    (5) Significant Security Concerns Information. TSA requires CCSP 
Holders, CCSP-K9 Holders, and 3PK9-C Certifiers to report to TSA 
incidents, suspicious activities, and/or threat information.
    (6) Security Coordinator. TSA requires CCSP Holders, CCSP-K9 
Holders, and 3PK9-C Certifiers to provide the name and contact 
information of the SC and one or more designated alternates at the 
corporate or ownership level.

Estimated Burden Hours

    TSA estimates the annual respondents for CCSF, CCSP-K9, and 3PK9-C 
Certifier to be 2,527 and the total annual hour burden to be 16,189.98 
hours.

    Dated: November 12, 2020.
Christina A. Walsh,
TSA Paperwork Reduction Act Officer, Information Technology.
[FR Doc. 2020-25368 Filed 11-17-20; 8:45 am]
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