Revision of Agency Information Collection Activity Under OMB Review: Sensitive Security Information Threat Assessment Application

Published date11 February 2021
Citation86 FR 9083
Record Number2021-02806
SectionNotices
CourtTransportation Security Administration
9083
Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Notices
Page 74741) on November 23, 2020,
allowing for a 60-day comment period.
This notice allows for an additional 30
days for public comments. This process
is conducted in accordance with 5 CFR
1320.8. Written comments and
suggestions from the public and affected
agencies should address one or more of
the following four points: (1) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information will have
practical utility; (2) the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used; (3)
suggestions to enhance the quality,
utility, and clarity of the information to
be collected; and (4) suggestions to
minimize the burden of the collection of
information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses. The
comments that are submitted will be
summarized and included in the request
for approval. All comments will become
a matter of public record.
Overview of This Information
Collection
Title: Declaration of Person Who
Performed Repairs or Alterations.
OMB Number: 1651–0048.
Current Actions: Extension.
Type of Review: Extension (without
change).
Affected Public: Businesses.
Abstract: The ‘‘Declaration of Person
Who Performed Repairs or Alterations,’’
as required by 19 CFR 10.8, is used in
connection with the entry of articles
entered under subheadings 9802.00.40
and 9802.00.50, Harmonized Tariff
Schedule of the United States (HTSUS,
https://hts.usitc.gov/current). Articles
entered under these HTSUS provisions
are articles that were temporarily
exported from the United States for
repairs and alterations, and are returned
to the United States. Upon their return,
duty is only assessed on the cost or
value of the repairs or alterations
performed abroad and not on the full
value of the article. The declaration
under 19 CFR 10.8 includes
information, such as (1) a description of
the article and the repairs or alterations;
(2) the value of the article and the
repairs or alterations; and (3) a
declaration by the owner, importer,
consignee, or agent having knowledge of
the pertinent facts. The information in
this declaration is used by CBP to
determine the value of the repairs or
alterations, and to assess duty only on
the value of those repairs or alterations.
These requirements apply to the trade
community who are required by law to
provide this declaration.
Type of Information Collection:
Estimated Number of Respondents:
10,236.
Estimated Number of Annual
Responses per Respondent: 2.
Estimated Number of Total Annual
Responses: 20,472.
Estimated Time per Response: 30
minutes (0.5 hours).
Estimated Total Annual Burden
Hours: 10,236.
Dated: February 8, 2021.
Seth D. Renkema,
Branch Chief, Economic Impact Analysis
Branch, U.S. Customs and Border Protection.
[FR Doc. 2021–02817 Filed 2–10–21; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOMELAND
SECURITY
Transportation Security Administration
Revision of Agency Information
Collection Activity Under OMB Review:
Sensitive Security Information Threat
Assessment Application
AGENCY
: Transportation Security
Administration, DHS.
ACTION
: 30-Day notice.
SUMMARY
: This notice announces that
the Transportation Security
Administration (TSA) has forwarded the
Information Collection Request (ICR),
Office of Management and Budget
(OMB) control number 1652–0042,
abstracted below to OMB for review and
approval of a revision of the currently
approved collection under the
Paperwork Reduction Act (PRA). The
ICR describes the nature of the
information collection and its expected
burden. The collection involves TSA
determining whether individuals
seeking access to sensitive security
information (SSI) may be granted access
to the SSI.
DATES
: Send your comments by March
15, 2021. A comment to OMB is most
effective if OMB receives it within 30
days of publication.
ADDRESSES
: Interested persons are
invited to submit written comments on
the proposed information collection to
the Office of Information and Regulatory
Affairs, OMB. Comments should be
identified by Docket ID: TSA–2013–
0001 and sent to the Federal
eRulemaking Portal, https://
www.regulations.gov. Please follow the
portal instructions for submitting
comments. This process is conducted in
accordance with 5 CFR 1320.1.
FOR FURTHER INFORMATION CONTACT
:
Christina A. Walsh, TSA PRA Officer,
Information Technology (IT), TSA–11,
Transportation Security Administration,
6595 Springfield Center Drive,
Springfield, VA 20598–6011; telephone
(571) 227–2062; email TSAPRA@
tsa.dhs.gov.
SUPPLEMENTARY INFORMATION
: TSA
published a Federal Register notice,
with a 60-day comment period soliciting
comments, of the following collection of
information on May 5, 2020, 85 FR
26709.
Comments Invited
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.), an agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a valid OMB control
number. The ICR documentation is
available at http://www.reginfo.gov
upon its submission to OMB. Therefore,
in preparation for OMB review and
approval of the following information
collection, TSA is soliciting comments
to—
(1) Evaluate whether the proposed
information requirement is necessary for
the proper performance of the functions
of the agency, including whether the
information will have practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including using
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology.
Information Collection Requirement
Title: Sensitive Security Information
Threat Assessment Application.
Type of Request: Revision of a
currently approved collection.
OMB Control Number: 1652–0042.
Forms(s): TSA 2211.
Affected Public: Individuals seeking
access to SSI Information.
Abstract: TSA is required to prohibit
the disclosure of information that would
be detrimental to transportation safety
or security. See 49 U.S.C. 114(r) and
44912(d). See also TSA’s regulations
stipulating requirements for the
protection of security sensitive
information at 49 CFR part 1520. The
regulations restrict access to SSI to
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9084
Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Notices
1
Consolidated and Further Continuing
Appropriations Act, 2013, Public Law 113–6, Div.
D., Title V., sec. 510 (March 26, 2013).
2
That in civil proceedings in the United States
District Courts, where a party seeking access to SSI
demonstrates that the party has substantial need of
relevant SSI in the preparation of the party’s case
and that the party is unable without undue
hardship to obtain the substantial equivalent of the
information by other means, the party or party’s
counsel shall be designated as a covered person
under 49 CFR part 1520.7 in order to have access
to the SSI at issue in the case, provided that the
overseeing judge enters an order that protects the
SSI from unauthorized or unnecessary disclosure
and specifies the terms and conditions of access,
unless upon completion of a criminal history check
and terrorist assessment like that done for aviation
workers on the persons seeking access to SSI, or
based on the sensitivity of the information, the
Transportation Security Administration or DHS
demonstrates that such access to the information for
the proceeding presents a risk of harm to the nation:
Provided, That notwithstanding any other provision
of law, an order granting access to SSI under this
section shall be immediately appealable to the
United States Courts of Appeals, which shall have
plenary review over both the evidentiary finding
and the sufficiency of the order specifying the terms
and conditions of access to the SSI in question:
Provided further, That notwithstanding any other
provision of law, the Secretary may assess a civil
penalty of up to $50,000 for each violation of 49
CFR part 1520 by persons provided access to SSI
under this provision.
3
In the 60-day notice, the estimated annual
burden was listed as 275 hours. TSA is now
adjusting the estimate to 104.53 annual hours
through the use of actual data.
1
The record is defined in §207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
2
Commissioner David S. Johanson dissenting.
‘‘covered individuals’’ with a ‘‘need to
know’’.
Pursuant to the requirements in
Section 525(d) of the DHS
Appropriations Act, 2007, Public Law
109–295, 120 Stat 1355, 1382, Oct. 4,
2006, as reenacted,
1
TSA established a
process allowing access to SSI in a civil
proceeding in federal district court for
party or party’s counsel that
demonstrates a substantial need for
relevant SSI in preparation of the party’s
case.
2
In such cases, TSA may grant
court reporters and experts access to the
SSI under similar terms and conditions.
Under 49 CFR 1520.11 and 1520.15,
TSA has also extended the use for
security background checks to include
other individuals, including a
prospective bidder who is seeking to
submit a proposal in response to a
request for proposal issued by TSA; an
individual involved in the performance
of contractual agreements (e.g.,
bailments) or other transaction
agreements, or an individual receiving
access to SSI as a conditional disclosure
under 49 CFR 1520.15(e).
Under 49 CFR 1520.11(c), TSA may
make an individual’s access to SSI
contingent upon satisfactory completion
of a security threat assessment (STA),
including evaluation of a criminal
history records check (CHRC); and/or a
name-based check against federal law
enforcement, terrorism, and
immigration databases; and/or other
procedures and requirements for
safeguarding SSI that are satisfactory to
TSA. See also 49 U.S.C. 114(f)(4). To
conduct this security background check,
TSA collects identifying information, an
explanation supporting the individuals’
need for the information, and other
information related to safeguarding SSI
to conduct the STAs. For individuals
who have received a comparable STA
from TSA (such as being a member of
the TSA PreCheck
®
Application
Program), TSA may also use the known
traveler number issued by TSA to
inform an individual’s eligibility to
access SSI, or otherwise honor the
comparable STA. TSA uses the results
of the STA to make a final
determination on whether the
individual may be granted access to SSI.
TSA also uses the information as part of
its determination as to whether
provision of access to specific SSI
would present a risk of harm to the
nation.
To address program needs, TSA is
revising the information collection. In
particular, TSA is revising TSA Form
2211. The form entitled SSI Access
Threat Assessment Questionnaire will
now become two forms: TSA Form
2817A for court proceedings and TSA
Form 2817B for standard use. The data
points now consist of identifying
information, including, but not limited
to, full name (including any aliases),
date of birth, place of birth, gender,
Social Security Number (optional),
employer name (optional); country of
citizenship, Known Traveler Number,
level of clearance and date granted and
information regarding the need for the
information (litigant, bidder, etc.).
In addition to the information
required for conducting background
checks, TSA requires contract bidders to
provide a certification from each
company/entity that its employees/
personnel who are provided access to
SSI are properly trained; a Non-
Disclosure Agreement for each
individual who is granted access to SSI;
and an affirmation that each company/
entity will designate a Senior Official
who can certify that all appropriate
protections will be followed, only
authorized individuals will have access
to the sensitive information, and that
those individuals adequately
understand their responsibilities to
protect the information. TSA may also
require these features for other
contractual agreements (e.g., bailments),
participants other transaction
agreements, or those who receive other
conditional SSI disclosures on a case-
by-case basis.
In the case of a party seeking access
to SSI in a civil proceeding in federal
court, TSA will gather the information
required for individual vetting,
including fingerprinting to conduct a
CHRC and also require these individuals
to respond to questions to verify
individuals’ history in safeguarding
sensitive information, including good
standing with bar membership or
sanctions; and to agree to abide by TSA
instructions concerning the handling of
SSI in connection with the court
proceeding.
TSA is also revising the collection to
allow individuals who have recently
(i.e., within 2 years or as determined
appropriate by the program office)
successfully undergone a federal
background investigation (i.e., Tier 1) or
hold an active security clearance
granting access to classified national
security information to facilitate the
STA. TSA will use this information as
part of its determination as to whether
provision of access to specific SSI
would be detrimental to transportation
security.
Number of Respondents: 263.
Estimated Annual Burden Hours: An
estimated 104.53 hours annually.
3
Dated: February 5, 2021.
Christina A. Walsh,
TSA Paperwork Reduction Act Officer,
Information Technology.
[FR Doc. 2021–02806 Filed 2–10–21; 8:45 am]
BILLING CODE 9110–05–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–522 and 731–
TA–1258 (Review)]
Passenger Vehicle and Light Truck
Tires From China; Determinations
On the basis of the record
1
developed
in the subject five-year reviews, the
United States International Trade
Commission (‘‘Commission’’)
determines, pursuant to the Tariff Act of
1930 (‘‘the Act’’), that revocation of the
antidumping and countervailing duty
orders on passenger vehicle and light
truck tires from China would be likely
to lead to continuation or recurrence of
material injury to an industry in the
United States within a reasonably
foreseeable time.
2
Background
The Commission instituted these
reviews on July 1, 2020 (85 FR 39581)
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