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The Transportation Security Administration (TSA) will propose a new regulation to address the security of higher-risk freight railroads, public transportation agencies, passenger railroads, and over-the-road buses in accordance with requirements of the Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11 Act). The regulation will take into consideration any current security assessment and planning requirements or best practices.

Overall Description of Deadline: According to sec. 1512 of Pub. L. 110-53, Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11 Act), (121 Stat. 266, Aug. 3, 2007), a final regulation for freight railroads and passenger railroads is due no later than 12 months after the date of enactment. According to sec. 1531 of the 9/11 Act, a final regulation for over-the-road buses is due no later than 18 months after the date of enactment.

Statement of Need:

Vulnerability assessments and security planning are important and effective tools for averting or mitigating potential attacks by those with malicious intent that 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 1405, 1512, and 1531 of Pub. L. 110-53, Implementing Recommendations of the 9/11 Commission Act of 2007 (121 Stat. 266, Aug. 3, 2007).

Alternatives:

Anticipated Costs and Benefits:

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

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 vulnerability assessments and security planning of higher-risk surface transportation operations, TSA intends in this rulemaking to reduce the risk of a terrorist attack on this transportation sector.