View Rule
View EO 12866 Meetings | Printer-Friendly Version Download RIN Data in XML |
DHS/TSA | RIN: 1652-AA55 | Publication ID: Fall 2010 |
Title: Public Transportation and Passenger Railroads--Security Training of Employees | |
Abstract: The Transportation Security Administration (TSA) will propose a new regulation to improve the security of public transportation and passenger railroads in accordance with the Implementing Recommendations of the 9/11 Commission Act of 2007. This rulemaking will propose general requirements for a public transportation security training program and a passenger railroad training program to prepare public transportation and passenger railroad employees, including frontline employees, for potential security threats and conditions. | |
Agency: Department of Homeland Security(DHS) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: Yes | Unfunded Mandates: Undetermined |
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations.) | |
Legal Authority: 49 USC 114 PL 110-53, secs 1408 and 1517 |
Legal Deadline:
|
||||||||||||||||
Overall Description of Deadline: According to section 1408 of Public Law 110-53, Implementing Recommendations of the 9/11 Commission Act of 2007 (Aug. 3, 2007; 121 Stat. 266), interim final regulations for public transportation agencies are due 90 days after the date of enactment (Nov. 1, 2007), and final regulations are due 1 year after the date of enactment of this Act. According to section 1517 of the same Act, final regulations for railroads are due no later than 6 months after the date of enactment of this Act. |
||||||||||||||||
Statement of Need: A security training program for public transportation agencies and for passenger railroads is proposed to prepare public transportation and passenger railroad employees, including frontline employees, for potential security threats and conditions. |
||||||||||||||||
Summary of the Legal Basis: 49 U.S.C. 114; sections 1408 and 1517 of Public Law 110-53, Implementing Recommendations of the 9/11 Commission Act of 2007 (Aug. 3, 2007; 121 Stat. 266). |
||||||||||||||||
Alternatives: TSA is required by statute to publish regulations requiring security programs for these operators. As part of its notice of proposed rulemaking, TSA will seek public comment on the numerous ways in which the final rule could carry out the requirements of the statute. |
||||||||||||||||
Anticipated Costs and Benefits: TSA will estimate the costs that the public transportation agencies and passenger railroads covered by this proposed rule would incur following its implementation. These costs will include estimates for the following elements: 1) creating or modifying a security training program and submitting it to TSA; 2) training (initial and recurrent) all security-sensitive employees; 3) maintaining records of employee training; 4) being available for inspections; 5) providing information on security coordinators and alternates; and 6) reporting security concerns. TSA will also estimate the costs TSA itself would expect to incur with the implementation of this rule. The primary benefit of the Security Training NPRM will be to enhance United States surface transportation security by reducing the vulnerability of public transportation agencies and passenger railroads to terrorist activity through the training of security-sensitive employees. TSA uses a break-even analysis to assess the trade-off between the beneficial effects of the Security Training NPRM and the costs of implementing the rulemaking. This break-even analysis uses scenarios extracted from the TSA Transportation Sector Security Risk Assessment (TSSRA) to determine the degree to which the Security Training NPRM must reduce the overall risk of a terrorist attack in order for the expected benefits of the NPRM to justify the estimated costs. For its analyses, TSA uses scenarios with varying levels of risk, but only details the consequence estimates. To maintain consistency, TSA developed the analyses with a method similar to that used for the break-even analyses conducted in earlier DHS rules. After estimating the total consequence of each scenario by monetizing lives lost, injuries incurred, capital replacement and clean-up, and lost revenue, TSA will use this figure and the annualized cost of the NPRM for public transportation and passenger rail to calculate a breakeven annual likelihood of attack. |
||||||||||||||||
Risks: 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. |
||||||||||||||||
Timetable:
|
Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: Undetermined |
Federalism: Undetermined | |
Included in the Regulatory Plan: Yes | |
RIN Data Printed in the FR: No | |
Related RINs: Related to 1652-AA57, Related to 1652-AA59 | |
Agency Contact: Morvarid Zolghadr Branch Chief, Policy and Plans, Mass Transit and Passenger Rail Security Department of Homeland Security Transportation Security Administration Office of Transportation Sector Network Management, TSA-28, E10-113S, 601 South 12th Street, Arlington, VA 20598-6028 Phone:571 227-2957 Fax:571 227-0729 Email: morvarid.zolghadr@dhs.gov Nicholas (Nick) Acheson Sr. Economist, Regulatory Development and Economic Analysis Department of Homeland Security Transportation Security Administration Office of Transportation Sector Network Management, TSA-28, HQ, E10-410N, 601 South 12th Street, Arlington, VA 20598-6028 Phone:571 227-5474 Fax:571 227-1362 Email: nicholas.acheson@dhs.gov David Kasminoff Senior Counsel, Regulations and Security Standards Department of Homeland Security Transportation Security Administration Chief Counsel's Office, 6595 Springfield Center Drive, Springfield, VA 20598-6002 Phone:571 227-3583 Email: david.kasminoff@tsa.dhs.gov |