1652-AA55 201710 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 1652 Transportation Security Administration TSA 1600 Department of Homeland Security DHS Security Training for Surface Transportation Employees

The 9/11 Act requires security training for employees of higher-risk freight railroad carriers, public transportation agencies (including rail mass transit and bus systems), passenger railroad carriers, and over-the-road bus (OTRB) companies. This final rule implements the regulatory mandate. Owner/operators of these higher-risk railroads, systems, and companies will be required to train employees performing security-sensitive functions, using a curriculum addressing preparedness and how to observe, assess, and respond to terrorist-related threats and/or incidents.  As part of this rulemaking, the Transportation Security Administration (TSA) is expanding its current requirements for rail security coordinators and reporting of significant security concerns (currently limited to freight railroads, passenger railroads, and the rail operations of public transportation systems) to include the bus components of higher-risk public transportation systems and higher-risk OTRB companies.  TSA is also adding a definition for Transportation Security-Sensitive Materials (TSSM).  Other provisions are being amended or added, as necessary, to implement these additional requirements.

 

]]> Other Significant Previously Published in The Unified Agenda Final Rule Stage Yes No Other 49 CFR 1500 49 CFR 1520 49 CFR 1570 49 CFR 1580 49 CFR 1582 (new) 49 CFR 1584 (new) 49 U.S.C. 114 Pub. L. 110-53, secs. 1405, 1408, 1501, 1512, 1517, 1531, and 1534 Statutory Final 08/03/2008 Rule for public transportation agencies is due one year after date of enactment. Statutory Final 02/03/2008 Rule for railroads and over-the-road buses is due six months after date of enactment. Statutory Final 11/01/2007 Interim Rule for public transportation agencies is due 90 days after date of enactment. According to sec. 1408 of Pub. L. 110-53, Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11 Act), (121 Stat. 266, Aug. 3, 2007), interim final regulations for public transportation agencies are due 90 days after the date of enactment (Nov. 1, 2007), and final regulations are due one year after the date of enactment. According to sec. 1517 of the 9/11 Act, final regulations for railroads and over-the-road buses are due no later than six months after the date of enactment. Yes

Employee training is an important and effective tool for averting or mitigating potential attacks by those with malicious intent who may target surface transportation and plan or perpetrate actions that may cause significant injuries, loss of life, or economic disruption.

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49 U.S.C. 114; sections 1402, 1408, 1501, 1517, 1531, and 1534 of Pub. L. 110-53, Implementing Recommendations of the 9/11 Commission Act of 2007 (Aug. 3, 2007; 121 Stat. 266).

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TSA is required by statute to publish regulations requiring security training programs for these owner/operators. As part of its notice of proposed rulemaking, TSA sought public comment on alternatives in which the final rule could carry out the requirements of the statute.

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Owner/operators will incur costs for training their employees, developing a training plan, maintaining training records, and participating in inspections for compliance. Some owner/operators will also incur additional costs associated with assigning security coordinators and reporting significant security incidents to TSA. TSA will incur costs associated with reviewing owner/operators’ training plans, registering owner/operators’ security coordinators, responding to owner/operators’ reported significant security incidents, and conducting inspections for compliance with this rule. In the NPRM, TSA estimated the annual cost from this regulation to be approximately $22 million, discounted at 7 percent. As part of TSA’s risk-based security, benefits include mitigating potential attacks by heightening awareness of employees on the frontline. In addition, by designating security coordinators and reporting significant security concerns to TSA, TSA has a direct line for communicating threats and receiving information necessary to analyze trends and potential threats across all modes of transportation.

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The Department of Homeland Security aims to prevent terrorist attacks within the United States and to reduce the vulnerability of the United States to terrorism. By providing for security training for personnel, TSA intends in this rulemaking to reduce the risk of a terrorist attack on this transportation sector.

]]> NPRM 12/16/2016 81 FR 91336 NPRM Comment Period End 03/16/2017 Final Rule 09/00/2018 Yes Businesses Local No No www.regulations.gov www.regulations.gov Yes No 1652-AA56 Related to 1652-AA57 Merged with 1652-AA59 Merged with Chandru (Jack) Kalro Deputy Director, Surface Division 1652 Transportation Security Administration TSA 571 227-1145 surfacefrontoffice@tsa.dhs.gov Policy, Plans, and Engagement, 6595 Springfield Center Drive, Springfield VA 20598-6028 Alex Moscoso Chief Economist, Economic Analysis Branch-Coordination & Analysis Division 1652 Transportation Security Administration TSA 571 227-5839 alex.moscoso@tsa.dhs.gov Policy, Plans, and Engagement, 6595 Springfield Center Drive, Springfield VA 20598-6028 Traci Klemm Assistant Chief Counsel, Regulations and Security Standards 1652 Transportation Security Administration TSA 571 227-3596 traci.klemm@tsa.dhs.gov Chief Counsel's Office, 6595 Springfield Center Drive, Springfield VA 20598-6002