[Federal Register Volume 71, Number 211 (Wednesday, November 1, 2006)]
[Notices]
[Pages 64288-64289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9011]


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DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration


New Emergency Agency Information Collection Activity Under OMB 
Review: Sensitive Security Information Threat Assessments

AGENCY: Transportation Security Administration, DHS.

ACTION: Notice of emergency clearance request.

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SUMMARY: This Notice announces that the Transportation Security 
Administration (TSA) has forwarded the new Information Collection 
Request (ICR) abstracted below to the Office of Management and Budget 
(OMB) for emergency processing and approval under the Paperwork 
Reduction Act. The ICR describes the nature of information collection 
and its expected burden.

DATES: Send your comments by December 1, 2006. A comment to OMB is most 
effective if OMB receives it within 30 days of publication.

[[Page 64289]]


ADDRESSES: Interested persons are invited to submit written comments on 
the proposed information collection to the Office of Information and 
Regulatory Affairs, Office of Management and Budget. Comments should be 
addressed to Nathan Lesser, Desk Officer, Department of Homeland 
Security/TSA, and sent via electronic mail to <a href="/cdn-cgi/l/email-protection#47282e3526183432252a2e34342e282907282a256922283769202831"><span class="__cf_email__" data-cfemail="e08f899281bf9395828d899393898f8ea08f8d82ce858f90ce878f96">[email protected]</span></a> or faxed to (202) 395-6974.

FOR FURTHER INFORMATION CONTACT: Katrina Kletzly, Attorney-Advisor, 
Office of the Chief Counsel, TSA-2, Transportation Security 
Administration, 601 South 12th Street, Arlington, VA 22202-4220; 
telephone (571) 227-1995; facsimile (571) 227-1381.

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 number. 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 Assessments.
    Type of Request: Emergency processing request of new collection.
    OMB Control Number: Not yet assigned.
    Forms(s): Security Threat Assessment Application.
    Affected Public: Individuals seeking access to Sensitive Security 
Information (SSI) for use in civil proceedings in Federal court.
    Abstract: Section 114(s) of title 49 of the U.S.C. requires the 
Transportation Security Administration (TSA) to promulgate regulations 
governing the protection of Sensitive Security Information (SSI). SSI 
includes information that would be detrimental to transportation 
security if publicly disclosed. TSA's SSI regulation, 49 CFR part 1520, 
establishes certain requirements for the recognition, identification, 
handling, and dissemination of SSI, including restrictions on 
disclosure and civil penalties for violations of those restrictions. 
Individuals may only access SSI if they are a covered person with a 
need to know as defined by the regulation. Section 525 of the 
Department of Homeland Security Appropriations Act of 2007 (DHS 
Appropriations Act) provides that in civil proceedings in the U.S. 
District Courts, where a party seeking access to SSI demonstrates a 
substantial need for relevant SSI in the preparation of the party's 
case and an undue hardship to obtain equivalent information by other 
means, the party or party's counsel shall be designated as a covered 
person under 49 CFR part 1520.7, provided that the overseeing judge 
enters an order protecting the SSI from unauthorized disclosure; the 
individual undergoes a criminal history records check (CHRC) and threat 
assessment; and the provision of access to the specific SSI in question 
in a particular proceeding does not present a risk of harm to the 
nation.
    TSA is implementing sec. 525 of the DHS Appropriations Act by 
establishing a process whereby a party seeking access to SSI in a civil 
proceeding in Federal court that demonstrates a substantial need for 
relevant SSI in preparation of the party's case may request that the 
party, or if represented, an attorney, be granted access to the SSI. In 
order to determine if the individual may be granted access to SSI for 
this purpose, TSA will conduct a criminal history records check (CHRC) 
and security threat assessment. TSA is seeking emergency processing of 
this information collection request to implement sec. 525 of the DHS 
Appropriations Act and meet ongoing litigation deadlines in pending 
litigation, including those in In Re: September 11 Litigation, 21 MC 97 
&101 (S.D.N.Y.).
    The Aviation and Transportation Security Act (ATSA), Pub. L. 107-
71, sec. 114 (f), authorizes TSA to perform threat assessments. To 
accomplish this, individuals will be required to submit identifying 
information, information regarding the litigation, an explanation 
supporting the party's need for the information, information concerning 
the individual's bar membership, if applicable, and information 
concerning sanctions, if any, issued by a court or other judicial body 
to the individual or any of the individual's clients to TSA via secure 
electronic mail or regular or express mail. These individuals must also 
submit fingerprints for purposes of conducting the CHRC.
    TSA will use the information to conduct name-based security threat 
assessments and CHRCs for the purpose of identifying actual or 
potential threats to transportation security and the nation. The 
results of the CHRC and threat assessment will be used to make a final 
determination on whether the individual may be granted access to SSI.
    Number of Respondents: 80.
    Estimated Annual Burden Hours: An estimated 80 hours annually.

    Issued in Arlington, Virginia, on October 27, 2006.
Peter Pietra,
Director of Privacy Policy and Compliance.
[FR Doc. 06-9011 Filed 10-30-06; 10:48 am]
BILLING CODE 9110-05-P


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