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DHS/TSA RIN: 1652-AA61 Publication ID: Fall 2014 
Title: Standardized Vetting, Adjudication, and Redress Services 
Abstract:

The Transportation Security Administration (TSA) intends to propose new regulations to revise and standardize the procedures, adjudication criteria, and fees for most of the security threat assessments (STA) of individuals for which TSA is responsible. The scope of the rulemaking will include transportation workers who are required to undergo an STA, including surface, maritime, and aviation workers. TSA will propose fees to cover the cost of all STAs. TSA plans to improve efficiencies in processing STAs and streamline existing regulations by simplifying language and removing redundancies. As part of this proposed interim final rule (IFR), TSA will propose revisions to the Alien Flight Student Program (AFSP) regulations. TSA published an interim final rule for AFSP on September 20, 2004. TSA regulations require aliens seeking to train at Federal Aviation Administration-regulated flight schools to complete an application and undergo an STA prior to beginning flight training. There are four categories under which students currently fall; the nature of the STA depends on the student's category. TSA is considering changes to the AFSP that would improve the equity among fee payers and enable the implementation of new technologies to support vetting.

 
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: Undetermined 
EO 13771 Designation: uncollected 
CFR Citation: Not Yet Determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 49 USC 114, 5103A, 44903 and 44936    46 USC 70105    6 USC 469    PL 110-53, secs 1411, 1414, 1520, 1522 and 1602   
Legal Deadline:  None

Statement of Need:

TSA proposes to meet the requirements of 6 U.S.C. 469, which requires TSA to fund security threat assessment and credentialing activities through user fees. The proposed rulemaking should reduce reliance on appropriations for certain vetting services; minimize redundant background checks; and increase transportation security by enhancing identification and immigration verification standards.

Summary of the Legal Basis:

49 U.S.C. 114(f): Under the Aviation and Transportation Security Act (ATSA) (Pub. L. 170-71, Nov. 19, 2001, 115 Stat. 597), TSA assumed responsibility to assess security in all modes of transportation and minimize threats to national and transportation security. TSA is required to vet certain aviation workers pursuant to 49 U.S.C. 44903 and 44936. TSA is required to vet individuals with unescorted access to maritime facilities pursuant to the Maritime Transportation Security Act (MTSA) (Pub. L. 107-295, sec. 102, Nov. 25, 2002, 116 Stat. 2064), codified at 46 U.S.C. 70105. Pursuant to the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act) (Pub. L. 107-56, Oct. 25, 2001, 115 Stat. 272), TSA vets individuals seeking hazardous materials endorsements (HME) for commercial drivers licensed by the States. In 6 U.S.C. 469, Congress directed TSA to fund vetting and credentialing programs in the field of transportation through user fees.

Alternatives:

TSA considered a number of viable alternatives to the proposed regulation.  These alternatives are discussed in detail in the proposed rule and regulatory impact analysis.

Anticipated Costs and Benefits:

TSA is in the process determining the costs and benefits of this proposed rulemaking.

Risks:

Timetable:
Action Date FR Cite
NPRM  08/00/2015 
Additional Information: Includes Retrospective Review under Executive Order 13563.
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: Undetermined 
Small Entities Affected: Businesses  Federalism: Undetermined 
Included in the Regulatory Plan: Yes 
RIN Information URL: www.regulations.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: Yes 
Related RINs: Related to 1652-AA35 
Agency Contact:
Chang Ellison
Branch Manager, Program Initiatives Branch
Department of Homeland Security
Transportation Security Administration
Office of Intelligence and Analysis, TSA-10, HQ E6, 601 South 12th Street,
Arlington, VA 20598-6010
Phone:571 227-3604
Email: chang.ellison@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

John Vergelli
Senior Counsel, Regulations and Security Standards
Department of Homeland Security
Transportation Security Administration
Office of Chief Counsel, 601 South 12th Street,
Arlington, VA 20598-6002
Phone:571 227-4416
Email: john.vergelli@tsa.dhs.gov