View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

DHS/TSA RIN: 1652-AA55 Publication ID: Fall 2013 
Title: Security Training for Surface Mode Employees 
Abstract: The Transportation Security Administration (TSA) intends to propose a new regulation to address 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 (9/11 Act). As required by the 9/11 Act, the rulemaking will propose that certain railroads, public transportation agencies, and over-the-road bus companies provide security training to their frontline employees in the areas of security awareness, operational security, incident prevention and response, and security exercises that test effectiveness of training. The rulemaking will also propose extending 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 and over-the-road buses. 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: Employee training is an important and effective tool for averting or mitigating potential terrorist attacks by terrorists or others with malicious intent who may target surface transportation and plan or perpetrate actions that may cause significant injuries, loss of life, or economic disruption.

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 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 surface mode transportation employees.

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  08/00/2014 
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: Local 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: Yes 
Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: Yes 
Related RINs: Related to 1652-AA56, Merged with 1652-AA57, Merged with 1652-AA59 
Agency Contact:
Chandru (Jack) Kalro
Deputy Director, Surface Division
Department of Homeland Security
Transportation Security Administration
Policy, Plans, and Engagement, 601 South 12th Street,
Arlington, VA 20598-6028
Phone:571 227-1145
Email: surfacefrontoffice@tsa.dhs.gov

Monica Grasso Ph.D.
Manager, Economic Analysis Branch-Cross Modal Division
Department of Homeland Security
Transportation Security Administration
Office of Security Policy and Industry Engagement, 601 South 12th Street,
Arlington, VA 20598-6028
Phone:571 227-3329
Email: monica.grasso@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