FR 2021-02806

The document under review is a notice from the Transportation Security Administration (TSA) regarding a proposed revision to their information collection practices related to Sensitive Security Information (SSI). The TSA has submitted a revision request for this process to the Office of Management and Budget (OMB) as part of the obligatory review under the Paperwork Reduction Act. The primary aim is to assess whether individuals can be granted access to sensitive security information without compromising security.

General Summary

The TSA's notice outlines the submission of a revised Information Collection Request to the OMB. This request pertains to how individuals can gain access to SSI, a type of information crucial for maintaining transportation security. The revision proposes changes to how background checks are conducted on these individuals and splits the existing SSI form into two distinct forms—one for use in court proceedings and the other for standard use.

Significant Issues or Concerns

The document employs complex legal and technical terminology that may not be easily understandable to the general public. Terms like "Sensitive Security Information Threat Assessment Application" and references to specific legal statutes may appear daunting to those without a legal background. Additionally, the notice refers to multiple forms and procedures, such as TSA 2211, TSA 2817A, and TSA 2817B, but does not include detailed explanations of these forms, which could lead to confusion.

Another concern is the lack of explanation on how the proposed changes improve the process or make it more efficient. Furthermore, the reference to a Non-Disclosure Agreement and the Senior Official's certification requirement for contract bidders sounds potentially burdensome but lacks an analysis of these impacts. Finally, the calculation behind the "104.53 estimated annual burden hours" is not clearly justified, which might seem arbitrary to readers.

Broad Impact on the Public

Generally, the public may not feel this document's impact directly. However, this notice is a small part of the TSA's larger effort to keep sensitive security information—the kind typically not disclosed to the general public—secure. The call for public commentary is a usual step in the governmental process of ensuring transparency and accountability, even though the language used in the notice may not be the easiest for the lay reader to digest.

Impact on Specific Stakeholders

Individuals seeking access to SSI, such as those involved in legal proceedings or contractual work with the TSA, will be directly impacted by these revisions. The requirement for detailed background checks and other security assessments could be viewed as stringent but necessary for national security. Legal professionals and companies involved in federal bidding processes may have to adjust to new paperwork and procedural requirements, potentially leading to increased administrative work.

The document's language suggests an emphasis on security and thorough vetting procedures, implying that stakeholders will need to meet robust standards to gain SSI access. While these measures could enhance security, they may also extend the time and effort needed to meet regulatory compliance, affecting efficiency.

Conclusion

Overall, the notice attempts to balance the need for transparency with the imperative of maintaining security. Communicating the rationale and benefits of the revisions transparently could alleviate some concerns. By doing so, stakeholders might better understand how these changes serve their interests and those of national security. However, further simplification of language and more detailed explanations in future notices could facilitate better public engagement and comprehension.

In the context of the Federal Register document concerning the Transportation Security Administration's information collection activities, the financial elements are notably centered around potential penalties linked to violations of specific regulatory provisions.

Financial Penalties

The document outlines a significant financial aspect in the form of potential civil penalties. Specifically, it mentions that the Secretary has the authority to assess a civil penalty of up to $50,000 for each violation of 49 CFR part 1520 by those who have been granted access to Sensitive Security Information (SSI) under this provision. This financial penalty serves as a deterrent against unauthorized or unnecessary disclosure of SSI, ensuring that individuals and entities adhere strictly to the guidelines stipulated for handling such sensitive information.

Relation to Document Issues

This financial reference intersects with several identified issues within the document. For example, the document contains complex legal and technical jargon, which may hinder a clear understanding of the full implications of the financial penalty for those outside the legal field. Individuals or organizations not fully versed in these regulations might inadvertently breach them due to the document's complexity, thereby risking substantial fines.

Additionally, the document lacks detailed explanations on how these financial penalties might impact respondents who inadvertently violate SSI handling procedures. While the inclusion of a potential $50,000 fine underscores the importance of compliance, the narrative could benefit from providing more accessible information on avoiding such penalties, which would also address the issue related to complex terms and procedures described in the text.

In conclusion, while the document establishes a clear financial deterrent against mishandling SSI, it could enhance understanding by simplifying complex terms or providing plain-language guidance about avoiding penalties. This would help respondents better navigate the obligations and responsibilities tied to accessing sensitive security information, thereby minimizing the risk of incurring financial penalties.