SUPPLEMENTARY INFORMATION:

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 will be available at https://www.reginfo.gov upon its submission to OMB. Therefore, in preparation for OMB review and approval of the following information collection, TSA is inviting 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

OMB Control Number 1652-0027; Security Threat Assessment for Individuals Applying for a Hazardous Materials Endorsement for a Commercial Driver's License, 49 CFR part 1572. TSA is requesting an extension of the currently approved ICR. The currently approved ICR supports implementation of 49 U.S.C. 5103a,^[1] which mandates that no state or the District of Columbia may issue an HME on a CDL unless TSA has first determined that the driver is not a threat to transportation security.

TSA's implementing regulations (codified at 49 CFR part 1572) set the procedures, standards, and eligibility criteria for STAs of individuals seeking to obtain, renew, or transfer an HME on a CDL. To conduct the STA for the HME, states (or TSA's enrollment provider in states that elect to have TSA perform the collection of information) must collect additional information beyond that already collected for the purpose of HME applications (which occur approximately once every 5 years). The driver is required to submit an application that includes personal information including driver's legal name; current and previous mailing addresses; date of birth; sex; height, weight, eye, and hair color; city, state, and country of birth; social security number (optional); immigration status; mental incapacity; criminal history; and biometrics, such as fingerprints.

States or the TSA enrollment provider must also submit whether the driver is ( printed page 24596) a new applicant or applying to renew or transfer the HME. This information is necessary for TSA to forecast driver retention, transfer rate, and drop rate to help improve customer service and reduce program costs. This information also may be necessary to provide comparability with other Federal background checks, including the Transportation Workers Identification Credential (TWIC®).

In addition, the ICR includes the collection of information to expand enrollment options and the potential use of biographic and biometric ( e.g., fingerprints, iris scans, and/or photo) information for additional comparability determinations. States have the option to permit TWIC holders to obtain an HME without completing a new STA, and applicants in states that allow comparability pay a reduced fee to obtain the HME. TSA may also use the information to determine whether the driver with a valid HME is eligible to participate in TSA's expedited screening program for air travel, the TSA PreCheck® Application Program. As of April 2020, unexpired HME drivers who meet the eligibility requirements for TSA PreCheck may use the two-letter state code and their CDL number ( e.g., NY1234567 for a New York CDL) in the appropriate Known Traveler Number field of an airline reservation to obtain expedited screening eligibility.^[2]

When the enrollment is received and the STA is complete, TSA makes a final determination on eligibility for the HME and notifies applicants of its decision. Most applications are approved within 48 hours, however some may require additional time for further research or case corrections. If initially deemed ineligible by TSA, applicants will have an opportunity to apply for an appeal or waiver. Applicants may apply for an appeal or waiver within 60 days of issuance of TSA's notification on eligibility. If an application for an appeal or waiver is not received by TSA within the specified amount of time, the agency may make a final determination to deny eligibility.

TSA plans to provide online renewal and re-enrollment capability for applicants who initially enrolled in-person and wish to renew their expiring STA. Active HME holders will be able to renew online before their STA expires and HME holders who have a recently expired STA will be able to re-enroll online up to a year after expiration. Approximately 52 percent of active HME holders opt to renew their HME when it expires every 5 years. Online HME renewals may reduce the applicant's cost and hour burden by avoiding visiting a TSA enrollment center for the renewal of a STA. TSA will also allow the subscription of HME holders, in states serviced by TSA's enrollment provider, in the Federal Bureau of Investigation's (FBI) Rap Back Service. The Rap Back recurrent criminal history vetting for HME holders mitigates certain security risks posed by individuals who commit a disqualifying offense after their STA is completed and the HME is issued.

The currently approved ICR also includes an optional survey to gather information regarding the driver's overall customer satisfaction with the service afforded by TSA's enrollment provider. The survey is administered at the conclusion of the enrollment process via hyperlink sent to the applicant's email address, where available. Please note that the optional survey is used only in states serviced by TSA's enrollment provider.

TSA estimates an annualized 238,520 applicants will apply for an HME, and that the application and STA process will involve 256,416 annualized hours.

91 FR 24595