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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 and OST are issuing a final rule that will harmonize the regulations and reduce regulatory burden through streamlining certain requirements and eliminating others.

Statement of Need:

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). DOT has a corresponding requirement under 49 U.S.C. 40119(b). 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 and DOT. Further, TSA, in consultation with OST, is considering 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). 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.

Summary of the Legal Basis:

Alternatives:

Anticipated Costs and Benefits:

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).

Risks: