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[Federal Register Volume 89, Number 242 (Tuesday, December 17, 2024)]
[Notices]
[Pages 102155-102156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29661]

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DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration

Extension 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 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 [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 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

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

    Dated: December 11, 2024.
Christina A. Walsh,
TSA Paperwork Reduction Act Officer, Information Technology.
[FR Doc. 2024-29661 Filed 12-16-24; 8:45 am]
BILLING CODE 9110-05-P
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