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DHS/TSA RIN: 1652-AA55 Publication ID: 2012 
Title: Security Training for Surface Mode Employees 
Abstract: The Transportation Security Administration (TSA) intends to propose a new regulation to improve the security of freight railroads, public transportation, passenger railroads, and over-the-road buses in accordance with the Implementing Recommendations of the 9/11 Commission Act of 2007. This rulemaking will propose general requirements for the owner/operators of a freight railroad, public transportation system, passenger railroad, and an over-the-road bus operation determined by TSA to be high-risk to develop and implement a security training program to prepare security-sensitive employees, including frontline employees identified in sections 1402 and 1501 of the Act, for potential security threats and conditions. The rulemaking will also propose extending the security coordinator and reporting security incident requirements applicable to rail operators under current 49 CFR part 1580 to the non-rail transportation components of covered public transportation agencies. In addition, the rulemaking will also propose requiring the affected over-the-road bus owner/operators to identify security coordinators and report security incidents, similar to the requirements for rail in current 49 CFR 1580. The regulation will take into consideration any current security training requirements or best practices. 
Agency: Department of Homeland Security(DHS)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Yes  Unfunded Mandates: No 
EO 13771 Designation: uncollected 
CFR Citation: 49 CFR 1520    49 CFR 1570    49 CFR 1580    49 CFR 1582 (New)    49 CFR 1584 (New)   
Legal Authority: 49 USC 114    PL 110-53, secs 1408, 1517, and 1534   
Legal Deadline:
Action Source Description Date
Final  Statutory  Interim Rule for public transportation agencies is due 90 days after date of enactment.  11/01/2007 
Final  Statutory  Rule for public transportation agencies is due 1 year after date of enactment.  08/03/2008 
Final  Statutory  Rule for railroads and over-the-road buses are due 6 months after date of enactment.  02/03/2008 

Overall Description of Deadline: According to sec. 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 sec. 1517 of the same Act, final regulations for railroads and over-the-road buses are due no later than 6 months after the date of enactment.

Statement of Need: A security training program for freight railroads, public transportation agencies and passenger railroads, and over-the-road bus operations is proposed to prepare freight railroad security-sensitive employees, public transportation, passenger railroad security-sensitive employees, and over-the-road bus security-sensitive employees for potential security threats and conditions.

Summary of the Legal Basis: 49 U.S.C. 114; sections 1408, 1517, and 1534 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 training programs for these owner/operators. As part of its notice of proposed rulemaking, TSA will seek public comment on the alternative 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 freight railroad systems, public transportation agencies, passenger railroads, and over-the-road bus (OTRB) entities 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) As applicable, providing information on security coordinators and alternates; and (6) As applicable, reporting security concerns. TSA will also estimate the costs TSA itself would expect to incur with the implementation of this rule. TSA has not quantified benefits. TSA, however, expects that the primary benefit of the Security Training NPRM will be the enhancement of the United States surface transportation security by reducing the vulnerability of freight railroad systems, public transportation agencies, passenger railroads, and over-the-road bus entities 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, and capital replacement and clean-up, TSA will use this figure and the annualized cost of the NPRM for freight rail, public transportation, passenger rail, and OTRB owner/operators 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:
Action Date FR Cite
NPRM  07/00/2013 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Local 
Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: www.regulations.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Related RINs: Related to 1652-AA56, Merged with 1652-AA57, Merged with 1652-AA59 
Agency Contact:
Scott Gorton
Manager, Freight Rail Security Branch
Department of Homeland Security
Transportation Security Administration
Office of Security Policy and Industry Engagement, TSA-28, HQ, E10-423N, 601 South 12th Street,
Arlington, VA 20598-6028
Phone:571 227-1251
Fax:571 227-2930
Email: scott.gorton@tsa.dhs.gov

Steve Sprague
Highway Passenger, Infrastructure and Licensing Branch Chief; Highway and Motor Carrier Programs
Department of Homeland Security
Transportation Security Administration
Office of Security Policy and Industry Engagement, TSA-28, HQ, E, 601 South 12th Street,
Arlington, VA 20598-6028
Phone:571 227-1468
Email: steve.sprague@tsa.dhs.gov

Dominick S. Caridi
Director, Regulatory and Economic Analysis
Department of Homeland Security
Transportation Security Administration
Office of Security Policy and Industry Engagement, TSA-28, HQ, E10-419N, 601 South 12th Street,
Arlington, VA 20598-6028
Phone:571 227-2952
Fax:703 603-0404
Email: dominick.caridi@tsa.dhs.gov

David Kasminoff
Senior Counsel, Regulations and Security Standards
Department of Homeland Security
Transportation Security Administration
Chief Counsel's Office, 601 South 12th Street,
Arlington, VA 20598-6002
Phone:571 227-3583
Email: david.kasminoff@tsa.dhs.gov

Traci Klemm
Assistant Chief Counsel, Regulations and Security Standards
Department of Homeland Security
Transportation Security Administration
Chief Counsel's Office, 601 South 12th Street,
Arlington, VA 20598-6002
Phone:571 227-3596
Email: traci.klemm@tsa.dhs.gov