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DHS/TSA | RIN: 1652-AA08 | Publication ID: Fall 2019 |
Title: Protection of Sensitive Security Information | |
Abstract:
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. |
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Agency: Department of Homeland Security(DHS) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
EO 13771 Designation: Deregulatory | |
CFR Citation: 49 CFR 1520 | |
Legal Authority: 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 |
Legal Deadline:
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Overall Description of Deadline: 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. |
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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). 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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Summary of the Legal Basis: |
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Alternatives: |
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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). |
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Risks: |
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Timetable:
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Additional Information: Joint rulemaking with Department of Transportation, Office of the Secretary (RIN No. 2105-AD59) Transferred from RIN 2110-AA10 | |
Regulatory Flexibility Analysis Required: No | Government Levels Affected: Federal |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: Yes | |
RIN Information URL: www.regulations.gov | Public Comment URL: www.regulations.gov |
RIN Data Printed in the FR: No | |
Related RINs: Related to 1652-AA05, Related to 1652-AA49 | Related Agencies: Joint: DOT, DOT/OST; |
Agency Contact: Holly Dickens Senior Policy Analyst, Sensitive Security Information (SSI) Program Department of Homeland Security Transportation Security Administration Security and Administrative Services, Enterprise Support, 6595 Springfield Center Drive, Springfield, VA 20598-6018 Phone:571 227-3723 Email: ssi@tsa.dhs.gov Alex Moscoso Chief Economist, Economic Analysis Branch-Coordination & Analysis Division Department of Homeland Security Transportation Security Administration Policy, Plans, and Engagement, 6595 Springfield Center Drive, Springfield, VA 20598-6028 Phone:571 227-5839 Email: alex.moscoso@tsa.dhs.gov Laura Gaudreau Attorney-Advisor, Regulations and Security Standards Department of Homeland Security Transportation Security Administration Chief Counsel's Office, 601 South 12th Street, Arlington, VA 20598-6002 Phone:571 227-1088 Email: laura.gaudreau@tsa.dhs.gov |