[Federal Register Volume 86, Number 27 (Thursday, February 11, 2021)]
[Notices]
[Pages 9083-9084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02806]


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DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration


Revision of Agency Information Collection Activity Under OMB 
Review: Sensitive Security Information Threat Assessment Application

AGENCY: Transportation Security Administration, DHS.

ACTION: 30-Day notice.

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SUMMARY: This notice announces that the Transportation Security 
Administration (TSA) has forwarded the Information Collection Request 
(ICR), Office of Management and Budget (OMB) control number 1652-0042, 
abstracted below to OMB for review and approval of a revision of the 
currently approved collection under the Paperwork Reduction Act (PRA). 
The ICR describes the nature of the information collection and its 
expected burden. The collection involves TSA determining whether 
individuals seeking access to sensitive security information (SSI) may 
be granted access to the SSI.

DATES: Send your comments by March 15, 2021. A comment to OMB is most 
effective if OMB receives it within 30 days of publication.

ADDRESSES: Interested persons are invited to submit written comments on 
the proposed information collection to the Office of Information and 
Regulatory Affairs, OMB. Comments should be identified by Docket ID: 
TSA-2013-0001 and sent to the Federal eRulemaking Portal, https://www.regulations.gov. Please follow the portal instructions for 
submitting comments. This process is conducted in accordance with 5 CFR 
1320.1.

FOR FURTHER INFORMATION CONTACT: Christina A. Walsh, TSA PRA Officer, 
Information Technology (IT), TSA-11, Transportation Security 
Administration, 6595 Springfield Center Drive, Springfield, VA 20598-
6011; telephone (571) 227-2062; email [email protected].

SUPPLEMENTARY INFORMATION: TSA published a Federal Register notice, 
with a 60-day comment period soliciting comments, of the following 
collection of information on May 5, 2020, 85 FR 26709.

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 number. The ICR documentation is available 
at http://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.

Information Collection Requirement

    Title: Sensitive Security Information Threat Assessment 
Application.
    Type of Request: Revision of a currently approved collection.
    OMB Control Number: 1652-0042.
    Forms(s): TSA 2211.
    Affected Public: Individuals seeking access to SSI Information.
    Abstract: TSA is required to prohibit the disclosure of information 
that would be detrimental to transportation safety or security. See 49 
U.S.C. 114(r) and 44912(d). See also TSA's regulations stipulating 
requirements for the protection of security sensitive information at 49 
CFR part 1520. The regulations restrict access to SSI to

[[Page 9084]]

``covered individuals'' with a ``need to know''.
    Pursuant to the requirements in Section 525(d) of the DHS 
Appropriations Act, 2007, Public Law 109-295, 120 Stat 1355, 1382, Oct. 
4, 2006, as reenacted,\1\ TSA established a process allowing access to 
SSI in a civil proceeding in federal district court for party or 
party's counsel that demonstrates a substantial need for relevant SSI 
in preparation of the party's case.\2\ In such cases, TSA may grant 
court reporters and experts access to the SSI under similar terms and 
conditions.
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    \1\ Consolidated and Further Continuing Appropriations Act, 
2013, Public Law 113-6, Div. D., Title V., sec. 510 (March 26, 
2013).
    \2\ That in civil proceedings in the United States District 
Courts, where a party seeking access to SSI demonstrates that the 
party has substantial need of relevant SSI in the preparation of the 
party's case and that the party is unable without undue hardship to 
obtain the substantial equivalent of the information by other means, 
the party or party's counsel shall be designated as a covered person 
under 49 CFR part 1520.7 in order to have access to the SSI at issue 
in the case, provided that the overseeing judge enters an order that 
protects the SSI from unauthorized or unnecessary disclosure and 
specifies the terms and conditions of access, unless upon completion 
of a criminal history check and terrorist assessment like that done 
for aviation workers on the persons seeking access to SSI, or based 
on the sensitivity of the information, the Transportation Security 
Administration or DHS demonstrates that such access to the 
information for the proceeding presents a risk of harm to the 
nation: Provided, That notwithstanding any other provision of law, 
an order granting access to SSI under this section shall be 
immediately appealable to the United States Courts of Appeals, which 
shall have plenary review over both the evidentiary finding and the 
sufficiency of the order specifying the terms and conditions of 
access to the SSI in question: Provided further, That 
notwithstanding any other provision of law, the Secretary may assess 
a civil penalty of up to $50,000 for each violation of 49 CFR part 
1520 by persons provided access to SSI under this provision.
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    Under 49 CFR 1520.11 and 1520.15, TSA has also extended the use for 
security background checks to include other individuals, including a 
prospective bidder who is seeking to submit a proposal in response to a 
request for proposal issued by TSA; an individual involved in the 
performance of contractual agreements (e.g., bailments) or other 
transaction agreements, or an individual receiving access to SSI as a 
conditional disclosure under 49 CFR 1520.15(e).
    Under 49 CFR 1520.11(c), TSA may make an individual's access to SSI 
contingent upon satisfactory completion of a security threat assessment 
(STA), including evaluation of a criminal history records check (CHRC); 
and/or a name-based check against federal law enforcement, terrorism, 
and immigration databases; and/or other procedures and requirements for 
safeguarding SSI that are satisfactory to TSA. See also 49 U.S.C. 
114(f)(4). To conduct this security background check, TSA collects 
identifying information, an explanation supporting the individuals' 
need for the information, and other information related to safeguarding 
SSI to conduct the STAs. For individuals who have received a comparable 
STA from TSA (such as being a member of the TSA PreCheck[supreg] 
Application Program), TSA may also use the known traveler number issued 
by TSA to inform an individual's eligibility to access SSI, or 
otherwise honor the comparable STA. TSA uses the results of the STA to 
make a final determination on whether the individual may be granted 
access to SSI. TSA also uses the information as part of its 
determination as to whether provision of access to specific SSI would 
present a risk of harm to the nation.
    To address program needs, TSA is revising the information 
collection. In particular, TSA is revising TSA Form 2211. The form 
entitled SSI Access Threat Assessment Questionnaire will now become two 
forms: TSA Form 2817A for court proceedings and TSA Form 2817B for 
standard use. The data points now consist of identifying information, 
including, but not limited to, full name (including any aliases), date 
of birth, place of birth, gender, Social Security Number (optional), 
employer name (optional); country of citizenship, Known Traveler 
Number, level of clearance and date granted and information regarding 
the need for the information (litigant, bidder, etc.).
    In addition to the information required for conducting background 
checks, TSA requires contract bidders to provide a certification from 
each company/entity that its employees/personnel who are provided 
access to SSI are properly trained; a Non-Disclosure Agreement for each 
individual who is granted access to SSI; and an affirmation that each 
company/entity will designate a Senior Official who can certify that 
all appropriate protections will be followed, only authorized 
individuals will have access to the sensitive information, and that 
those individuals adequately understand their responsibilities to 
protect the information. TSA may also require these features for other 
contractual agreements (e.g., bailments), participants other 
transaction agreements, or those who receive other conditional SSI 
disclosures on a case-by-case basis.
    In the case of a party seeking access to SSI in a civil proceeding 
in federal court, TSA will gather the information required for 
individual vetting, including fingerprinting to conduct a CHRC and also 
require these individuals to respond to questions to verify 
individuals' history in safeguarding sensitive information, including 
good standing with bar membership or sanctions; and to agree to abide 
by TSA instructions concerning the handling of SSI in connection with 
the court proceeding.
    TSA is also revising the collection to allow individuals who have 
recently (i.e., within 2 years or as determined appropriate by the 
program office) successfully undergone a federal background 
investigation (i.e., Tier 1) or hold an active security clearance 
granting access to classified national security information to 
facilitate the STA. TSA will use this information as part of its 
determination as to whether provision of access to specific SSI would 
be detrimental to transportation security.
    Number of Respondents: 263.
    Estimated Annual Burden Hours: An estimated 104.53 hours 
annually.\3\
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    \3\ In the 60-day notice, the estimated annual burden was listed 
as 275 hours. TSA is now adjusting the estimate to 104.53 annual 
hours through the use of actual data.

    Dated: February 5, 2021.
Christina A. Walsh,
TSA Paperwork Reduction Act Officer, Information Technology.
[FR Doc. 2021-02806 Filed 2-10-21; 8:45 am]
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