Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Homeland Security

###### Transportation Security Administration

# AGENCY:

Transportation Security Administration, DHS.

# ACTION:

30-Day notice.

# 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 an extension 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 January 16, 2025. A comment to OMB is most effective if OMB receives it within 30 days of publication.

# ADDRESSES:

                        Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to                         *https://www.reginfo.gov/​public/​do/​PRAMain.*                         Find this particular information collection by selecting “Currently under Review—Open for Public Comments” and by using the find function.                    

# FOR FURTHER INFORMATION CONTACT:

                        Christina A. Walsh, TSA PRA Officer, Information Technology, TSA-11, Transportation Security Administration, 6595 Springfield Center Drive, Springfield, VA 20598-6011; telephone (571) 227-2062; email                         *TSAPRA@tsa.dhs.gov.*

# SUPPLEMENTARY INFORMATION:

                    TSA published a                     **Federal Register**                     notice, with a 60-day comment period soliciting comments, of the following collection of information on September 24, 2024, 89 FR 77883. TSA did not receive any comments on the notice.                

## 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                     *https://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:*                     Extension of a currently approved collection.                

*OMB Control Number:*                     1652-0042.                

*Forms(s):*                     TSA Forms 2817A and 2817B.                

*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 SSI at 49 CFR part 1520. The regulations restrict access to SSI to “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 must establish a process by which a party seeking access to SSI in a civil proceeding in federal district court can make a request to receive a record designated as SSI. TSA's process applies to parties who demonstrate a substantial need for relevant SSI in preparation of the party's case and not having the record would create an undue hardship to obtain the substantial equivalent of the information by other means.[2]                                          Under                           ( print page 102156)                        this process, the party's representative may request and be granted conditional access to the SSI at issue in the case. TSA may grant court reporters and experts access to the SSI under similar terms and conditions.                

                    Under 49 CFR 1520.11 and 1520.15, TSA may also consider individuals who are (1) prospective bidders to a Request for Proposal; (2) involved in the performance of non-traditional contractual agreements (                    *e.g.,*                     bailments) or other transaction agreements; or (3) receiving access to SSI as a conditional disclosure under 49 CFR 1520.15(e) in this process.                

                    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 fingerprint-based 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 STA, 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® 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.                

                    In addition, TSA uses the information from 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.                

                    Applicants seeking access to SSI in federal district court litigation must complete TSA Form 2817A,                     *SSI Access Threat Assessment Questionnaire—Litigation.*                     Bidders and certain other applicants are required to complete TSA Form 2817B,                     *SSI Access Threat Assessment Questionnaire—Standard*                     in order to have a STA completed before they can receive the requested SSI. The data points 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 (if using TSA PreCheck as a comparable STA), level and date of security clearance (if available), and information regarding the need for the information (litigant, bidder,                     *etc.*).                

                    In addition to the information required for conducting STAs, 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 items for other contractual agreements (                    *e.g.,*                     bailments), other transaction agreements, or 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.

*Estimated Number of Respondents:*                     263.                

*Estimated Annual Burden Hours:*                     104.53.[3] 

Dated: December 11, 2024.

Christina A. Walsh,

TSA Paperwork Reduction Act Officer, Information Technology.

# Footnotes

1.                             Consolidated and Further Continuing Appropriations Act, 2013, Public Law 113-6, Div. D., Title V., sec. 510 (March 26, 2013).                    
        Back to Citation      

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.                    
        Back to Citation      

3.                             Since the publication of the 60-day notice, TSA has adjusted the hour burden from 275 hours to 104.53 hours.                    
        Back to Citation      

[FR Doc. 2024-29661 Filed 12-16-24; 8:45 am]

BILLING CODE 9110-05-P