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DHS/TSA | RIN: 1652-AA55 | Publication ID: Fall 2016 |
Title: Security Training for Surface Transportation Employees | |
Abstract:
This rule would require security awareness training for front-line employees for potential terrorism-related security threats and conditions pursuant to the 9/11 Act. This rule would apply to higher-risk public transportation, freight rail, and over-the-road bus owner/operators and take into consideration the many actions higher-risk owner/operators have already taken since 9/11 to enhance the baseline of security through training of their employees. 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.
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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: No | Unfunded Mandates: No |
CFR Citation: 49 CFR 1500 49 CFR 1520 49 CFR 1570 49 CFR 1580 49 CFR 1582 (new) 49 CFR 1584 (new) | |
Legal Authority: 49 U.S.C. 114 Pub. L. 110-53, secs 1402, 1408, 1501, 1517, 1531, and 1534 |
Legal Deadline:
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Overall Description of Deadline: 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 1 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 6 months after the date of enactment. |
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Statement of Need: 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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Summary of the Legal Basis: 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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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. |
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Anticipated Costs and Benefits: Owner/operators would incur costs training their employees, developing a training plan, maintaining training records, and participating in inspections for compliance. Some owner/operators would also incur additional costs associated with assigning security coordinators and reporting significant security incidents to TSA. TSA would incur costs associated with reviewing owner/operators’ training plans, registering owner/operators’ security coordinators, responding to owner/operators’ reported significant security incidents, and conducting inspection for compliance with this rule. 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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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. |
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Timetable:
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Regulatory Flexibility Analysis Required: Yes | Government Levels Affected: Local |
Small Entities Affected: Businesses | Federalism: No |
Included in the Regulatory Plan: Yes | |
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, 6595 Springfield Center Drive, Springfield, VA 20598-6028 Phone:571 227-1145 Email: surfacefrontoffice@tsa.dhs.gov Alex Moscoso Chief Economist, Economic Analysis Branch-Coordination & Analysis Division Department of Homeland Security Transportation Security Administration Policy, Plans, and Engagement, 6595 Springfield Center Drive, Springfield, VA 20598-6028 Phone:571 227-5839 Email: alex.moscoso@tsa.dhs.gov Traci Klemm Assistant Chief 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:571 227-3596 Email: traci.klemm@tsa.dhs.gov |