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DHS/TSA RIN: 1652-AA08 Publication ID: Fall 2019 
Title: 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.

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:
Action Source Description Date
Final  Statutory  Rule for protection of sensitive security information.  04/03/2019 

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.

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.

Summary of the Legal Basis:


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).


Action Date FR Cite
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 
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:   Public Comment URL:  
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

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

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