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1 November 2006
[Federal Register: November 1, 2006 (Volume 71, Number 211)]
[Notices]
[Page 64288-64289]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01no06-101]
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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
oira_submission@omb.eop.gov 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