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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.

 

 
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 
EO 13771 Designation: uncollected 
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:
Action Source Description Date
Final  Statutory  Rule for public transportation agencies is due one year after date of enactment.  08/03/2008 
Final  Statutory  Rule for railroads and over-the-road buses is due six months after date of enactment.  02/03/2008 
Final  Statutory  Interim Rule for public transportation agencies is due 90 days after date of enactment.  11/01/2007 

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.

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.

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).

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:

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.

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  11/00/2016 
NPRM Comment Period End  02/00/2017 
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, 601 South 12th Street,
Arlington, 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, 601 South 12th Street,
Arlington, 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, 601 South 12th Street,
Arlington, VA 20598-6002
Phone:571 227-3596
Email: traci.klemm@tsa.dhs.gov