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DHS/TSA RIN: 1652-AA56 Publication ID: Fall 2016 
Title: Surface Transportation Vulnerability Assessments and Security Plans 
Abstract:

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.

 
Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Prerule Stage 
Major: Undetermined  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)    ...     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 49 U.S.C. 114    Pub. L. 110-53, secs 1405, 1512, and 1531   
Legal Deadline:
Action Source Description Date
Final  Statutory  Rule for over-the-road buses is due no later than 18 months after the date of enactment of the 9/11 Act.  02/03/2009 
Final  Statutory  Rule for freight railroads and passenger railroads is due no later than 12 months after date of enactment.  08/03/2008 

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.

Timetable:
Action Date FR Cite
ANPRM  12/00/2016 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Local 
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: No 
Related RINs: Related to 1652-AA55, Merged with 1652-AA58, Merged with 1652-AA60 
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-Cross Modal 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