1652-AA08 201910 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 1652 Transportation Security Administration TSA 1600 Department of Homeland Security DHS Protection of Sensitive Security Information

In 2004, the Transportation Security Administration (TSA) and Office of the Secretary of Transportation (OST) published an Interim Final Rule (IFR) governing the protection of sensitive security information (SSI). See 49 CFR parts 15 (OST) and 1520 (TSA). Since that time, requirements for the protection of SSI have been modified by a subsequent IFR (2005) and regulations promulgated by the Department of Transportation (DOT), TSA, and Department of Homeland Security. These modifications have resulted in inconsistencies between TSA and OST regulations. TSA is issuing a final rule that will harmonize TSA's regulations with DOT's requirements, and reduce regulatory burden through streamlining certain requirements and eliminating others. These amendments include the changes to the treatment of names of Federal Flight Deck Officers to be consistent with the classification of information about Federal Air Marshals.

]]> Other Significant Previously Published in The Unified Agenda Final Rule Stage No No Deregulatory 49 CFR 1520 49 U.S.C. 114 49 U.S.C. 44905 49 U.S.C. 46105 49 U.S.C. 44912 sec. 1963, Pub. L. 115-254, 132 Stat. 3186 Statutory Final 04/03/2019 Rule for protection of sensitive security information. Section 1963 of the FAA Reauthorization Act of 2019, Pub. L. 115-254 (132 Stat. 3186, Oct. 5, 2018), requires TSA to revise regulations in 49 CFR part 1520 to treat names of Federal Flight Deck Officers as sensitive security information in a manner consistent with the classification of information about Federal Air Marshals. Yes

TSA’s SSI regulations were promulgated to meet a statutory requirement to protect information obtained or developed to meet TSA’s security requirements. See 49 U.S.C. 114(r). In 2018, TSA’s authorities were revised to incorporate a requirement to also protect information that would be detrimental to transportation safety if disclosed to the public. See 49 U.S.C. 44912. Due to amendments made since the joint IFR was published in 2004, regulated parties must often consult multiple regulatory provisions to determine their responsibilities. Harmonizing these regulations and creating consistency between them will ease the burden of compliance and ensure consistent application of the SSI regulations by TSA. TSA is aligning the SSI requirements related to the names of persons identified as current, past, or applicants to be Federal Flight Deck Officers (FFDOs) with the handling of Federal Air Marshals (FAMs), as required by section 1963 of the FAA Reauthorization Act of 2018. The modification to TSA’s SSI regulations would protect lists of FFDO names, rather than a single FFDO name, and reduce the overall number of documents that are labeled SSI.

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The final rule does not impose any new requirements. In addition to clarifying and harmonizing requirements, the rule reduces regulatory burden by providing options for the SSI distribution statement. In addition, should TSA modify the regulations to handle FFDO names consistent with FAM names, it would result in a time savings and corresponding reduction in regulatory burden: eliminating time that would otherwise be spent marking these documents SSI (industry) and reviewing these documents to ensure they are appropriately marked (TSA).

]]> ]]> Interim Final Rule; Request for Comments 05/18/2004 69 FR 28066 Interim Final Rule Effective 06/17/2004 Interim Final Rule; Comment Period End 07/19/2004 Final Rule; Technical Amendment 01/07/2005 70 FR 1379 Final Rule; Technical Amdt Effective 01/07/2005 Notice-Information Collection; Emergency Approval 11/01/2006 71 FR 64288 Notice-Information Collection; 60-Day Renewal 02/04/2007 72 FR 7059 Notice-Information Collection; 30-Day Renewal 06/18/2007 72 FR 33511 Notice-Information Collection; 60-Day Renewal 08/03/2010 75 FR 44974 Notice-Information Collection; 30-Day Renewal 10/15/2010 75 FR 63499 Notice-Information Collection; 60-Day Renewal 08/16/2013 78 FR 50076 Notice-Information Collection; 30-Day Renewal 01/15/2014 79 FR 2679 Notice-Information Collection; 60-Day Revision 11/25/2016 81 FR 85243 Notice-Information Collection; 30-Day Revision 06/16/2017 82 FR 27852 Final Rule 04/00/2020 Joint rulemaking with Department of Transportation, Office of the Secretary (RIN No. 2105-AD59) Transferred from RIN 2110-AA10 No No Federal No No www.regulations.gov www.regulations.gov No No 1652-AA05 Related to 1652-AA49 Related to 2100 Department of Transportation DOT Joint 2105 Office of the Secretary OST Joint Holly Dickens Senior Policy Analyst, Sensitive Security Information (SSI) Program 1652 Transportation Security Administration TSA 571 227-3723 ssi@tsa.dhs.gov Security and Administrative Services, Enterprise Support, 6595 Springfield Center Drive, Springfield VA 20598-6018 Alex Moscoso Chief Economist, Economic Analysis Branch-Coordination & Analysis Division 1652 Transportation Security Administration TSA 571 227-5839 alex.moscoso@tsa.dhs.gov Policy, Plans, and Engagement, 6595 Springfield Center Drive, Springfield VA 20598-6028 Laura Gaudreau Attorney-Advisor, Regulations and Security Standards 1652 Transportation Security Administration TSA 571 227-1088 laura.gaudreau@tsa.dhs.gov Chief Counsel's Office, 601 South 12th Street, Arlington VA 20598-6002