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 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

TSA has broad statutory authority to assess security risk for any mode of transportation, develop security measures for dealing with that risk, and enforce compliance with those measures.^[1] TSA's mission includes the screening of individuals, accessible property, checked baggage, and cargo before boarding or loading on an aircraft to prevent or deter the carriage of any explosive, incendiary, or deadly or dangerous weapon on the aircraft.

Under 49 CFR 1540.107, individuals are required to submit to screening and inspection before entering a sterile area of an airport or boarding an aircraft. The prohibition on carrying a weapon, however, does not apply to LEOs required to carry a firearm or other weapons while in the performance of law enforcement duties at the airport. See49 CFR 1540.111(b). In addition, LEOs may fly armed if they meet the requirements of 49 CFR 1544.219. This section includes requirements for being a federal, municipal, county, or state law enforcement officer; authorization to carry the weapon; training for flying armed; validation of the need for the weapon to be accessible aboard the aircraft; and notification requirements. Id. This section also discusses prohibitions related to alcoholic beverage consumption, as well as the appropriate location of the weapon while aboard the aircraft. Id.

TSA has established a specialized screening process for federal, state, county or municipal LEOs when they are flying armed and need to go through screening at the checkpoint. When this situation occurs, LEOs are required to complete TSA Form 413A, Checkpoint Sign-In Log, or register using a new digital platform, LEO Flying Armed (LEOFA) Pass Application, as further discussed below.

The information collected on TSA Form 413A includes identifying information for the LEOs; an affirmation that they are authorized to fly armed on official business and that they have an operational need to have their weapon accessible during the flight in accordance with 49 CFR part 1544; and identification of weapons they are carrying.

TSA is revising the information collection to include the new digital platform, LEOFA Pass Application. The platform collects the same information as the TSA Form 413A, and also collects additional data elements, including the LEO's work email address, work desk phone number, date of birth, and driver's license and/or passport number.

The TSA Security Operations Center and the Law Enforcement/Federal Air Marshal Service use the information required by the TSA Form 413A and LEOFA Pass Application to have situational awareness of armed LEOs' presence on flights conducted by 49 CFR parts 1544 and/or 1546 regulated parties (aircraft operators and foreign air carriers). This real-time situational awareness is necessary in the event of an emergency on board the aircraft, such as a disruptive passenger, air piracy, or other threat to the safety and security of a commercial aircraft.

Respondents to this information collection are state, county or municipal LEOs travelling with their weapons. TSA estimates that there are an average of 21,661 responses to the TSA Form 413A, with each checking-in activity requiring 4 minutes (0.0667 hours) to complete. In addition, TSA estimates that there will be 130,608 responses to the LEOFA Pass Application with each LEOFA Pass transaction having a one-time online LEOFA Pass registration process form that takes 5 minutes (0.0833 hours) or completing an online flight information form that takes 2 minutes (0.0333 hours).

TSA estimates an average annual number of responses for TSA Form 413A and LEOFA Pass Application to be approximately 152,269 responses. Also, TSA estimates the total annual hour burden for this collection to be 7,449 hours.

91 FR 60975