In conducting these analyses, TSA has determined: 1. Cost difference due to updates in wages and population estimates. 1501 (6 U.S.C. (1) The risks associated with the type of operation, for example, whether the owner/operator transports hazardous materials or passengers within a high threat urban area, whether the owner/operator transports passengers and the volume of passengers transported, or whether the owner/operator hosts a passenger operation. 1170) of the “Implementing Recommendations of the 9/11 Commission Act of 2007,” Public Law 110-53 (121 Stat. (d) Permanent change. This information, reported to TSA from the frontline of rail operations, is consolidated and analyzed by TSA to identify developing threats and trend analysis. 469), as amended by Pub. 3. Security coordinator information would need to be updated as appropriate. TSA response: As noted in the NPRM,[74] TSA is committed to providing maximum flexibility within the constraints of the 9/11 Act's requirements and needs of regulatory compliance. Rail hazardous materials shipper means the owner/operator of any fixed-site facility that has a physical connection to the general railroad system of transportation and offers (as defined in the definition of “person who offers or offeror” in 49 CFR 171.8), prepares or loads for transportation by rail one or more of the categories and quantities of rail security-sensitive materials as identified in 49 CFR 1580.3, but does not include the owner/operator of a facility owned or operated by a department, agency or instrumentality of the Federal Government. While TSA used the UASI designations to develop its applicability determination, the term UASI is not used in the applicability. (2) One or more of the security-sensitive job functions identified in Appendix B to this part where the security-sensitive function is performed in the United States or in direct support of the common carriage of persons or property between a place in the United States and any place outside of the United States. TSA will notify regulated parties as the relevant training materials are completed. b. If you’ve traveled through domestic airports in the past few years, chances are you know us. (2) Each owner/operator described in § 1580.1(a)(2) and (3) of this part. Employee means an individual who is engaged or compensated by an owner/operator regulated under this subchapter, or by a contractor to an owner/operator regulated under this subchapter. [135] This alternative also removes the requirement to train freight railroad security-sensitive employees on chain of custody and control requirements. Each owner/operator required under part 1580, 1582, or 1584 of this subchapter to adopt and carry out a security program must submit a request to amend its security program if, after approval, the owner/operator makes, or intends to make, permanent changes to any of the following procedures, measures, or other aspects of security or emergency response planning implemented by the owner/operator to address: (1) Specific procedures implemented or used to prevent and detect unauthorized access to restricted areas designated by the owner/operator; (2) Measures to be implemented in response to a period of heightened security risk, communicated through a DHS enhanced security notification, including the process used to notify all employees of changes in alert level status or requirements to implement specific elements of the security plan and verify that appropriate enhanced security measures have been implemented at all relevant locations. Most importantly, you will learn how to prevent this from happening or how to respond and help if the … One commenter also expressed support for the proposed initial security program submission and approval process, as well as the amendment approval process. directs each Federal agency to propose or adopt a regulation only upon a reasoned determination that the benefits of the intended regulation justify its costs. While the rule requires owner/operators to determine whether the criteria apply, TSA is aware of the operations that are likely to be within the scope of applicability. This means you will not be able to interact with others in the community after that time. Georgia Regional Transportation Authority (GRTA, within State Road and Tollway Authority (SRTA)). (6) Curriculum or lesson plan, including learning objectives and method of delivery (such as instructor-led or computer-based training) for each course used to meet the requirements of § 1582.115 of this part. The scope of this requirement in the NPRM was broader than TSA intended as the result a drafting error. Los Angeles County Metropolitan Transportation Authority (LACMTA). They will issue you the uniforms. on 101. Communicating a spoken or written threat to damage or compromise a facility/infrastructure/conveyance owned, operated, or used by an owner/operator subject to this part (for example, a bomb threat or active shooter). TSA response: First, TSA is reorganizing the location of the RSC requirements promulgated in 2008, moving the requirements from 49 CFR part 1580 to part 1570 (§§ 1570.201 and 1570.203) and expanding applicability of the existing RSC requirement to include bus operations of public transportation systems and OTRB owner/operators within the scope of the rule's applicability. 1. b. Federal Register issue. Rev 04/21/2020 Thank you for your interest in employment with the Transportation Security Administration (TSA). [77] As indicated in § 1570.115, TSA may require owner/operators to revise their training based on emerging threats or methods for addressing emerging threats. (f) Each owner/operator required to have a Security Coordinator must ensure that at least one Security Coordinator—. (1) Except as provided in paragraph (b)(2) of this section, a security-sensitive employee required to receive training under part 1580, 1582, or 1584 of this subchapter must receive the required training at least once every three years. The OMB Circular A-4 Accounting Statement for this final rule is in section VIII.B.3. As to the comment on providing more information on “defending oneself,” the rule does not require training on how to use self-defense devices or other protective equipment provided by the employer. Owner/operators are required to use the criteria in 49 CFR parts 1580, 1582, and 1584 (contained in a subpart B to each part) to determine whether their operations are higher-risk. As proposed in the NPRM, TSA is making three primary changes to the current requirement through this final rule. This final rule moves this section from § 1570.13 of subchapter D to section § 1570.305. (5) Oversee the implementation, and ensure the adequacy, of security measures for the owner/operator's conveyances and vehicles, at transportation facilities and infrastructure and other assets related to transportation. TSA approval is not required for an update unless the changes stay in effect for more than 60 days. Potomac and Rappahannock Transportation Commission. the Federal Register. (c) Timing-Class I freight railroad carriers. (b) Described in § 1580.1(a)(1) of this part that transports one or more of the categories and quantities of RSSM in an HTUA. 02/17/2021, 325 Employees who serve as security coordinators designated in § 1570.201 of this subchapter, as well as any designated alternates or secondary security coordinators. Secure area means the area on board a vessel or at a facility or outer continental shelf facility, over which the owner/operator has implemented security measures for access control, as defined by a Coast Guard approved security plan. Under 49 U.S.C. One commenter agreed with the definition of “higher risk” and their application to the rule, but urged TSA to ensure DHS provides consistency throughout all its components regarding “the factors that could make an OTRB a potential target.” One commenter suggested that UASI may be “over kill,” and suggested only 10 areas. Even if only one employee (for example, the driver), performs a security-sensitive function while physically in the United States, applicability is triggered by the route. UASI funds are allocated based on a risk methodology employed by DHS and the Federal Emergency Management Agency (FEMA). Use of: This information will be used to support the implementation of this final rule, including to TSA determinations that security training programs satisfy the requirements in this final rule. (ii) High speed ground transportation systems that connect metropolitan areas, without regard to whether these systems use new technologies not associated with traditional railroads. requires agencies to consider the impacts of their rules on small entities. (2) weeks at the TSA Training Center at LGA and (2) weeks at the Federal Law Enforcement Training Center in Glynco, GA, followed by 81 to 130 hours of on the job In addition, Ackerman and Heinzerling state “. trainings to their employees. this category is intended to provide elements of security awareness training required by 49 CFR 172.704(a)(4). at Table 3, Explanation of Proposed Terms and Definitions. [57] [86] 4. Elizabeth, Jersey City, Newark, and a 10-mile buffer extending from the border of the combined area. Like other aspects of curriculum development, the rule gives owner/operators the flexibility necessary to meet this objective without imposing a prescriptive requirement. While TSA appreciates the information provided by commenters for measuring the effectiveness of training, TSA has decided not to dictate which method must be used. This more closely aligns to previous estimates TSA has made for other employee-specific recordkeeping requirements. High threat urban area (HTUA) means, for purposes of this part, an area comprising one or more cities and surrounding areas including a 10-mile buffer zone, as listed in appendix A to this part 1580. Be vigilant and make sure you schedule your medical as soon as possible. 597 (Nov. 19, 2001). TSA used its railcar tracking system that monitors toxic inhalant hazard cars, the Rail Asset Integrated Logistics System, (RAILS), to identify freight rail owner/operators that transported one or more shipments of RSSM during the period in calendar year 2017. As such, this element cannot be addressed in material intended to be applicable to multiple owner/operators. TSA compared the estimated direct monetary costs of an attack to the annualized cost (discounted at 7 percent) to industry and TSA from the final rule for each mode to estimate how often an attack of that nature would need to be averted for the expected benefits to equal estimated costs. TSA posts, and regularly updates, its sanction policies on its website. It does, however, enhance passenger security. As with PTPR, TSA drew the line for applicability where there is a natural and significant break in the funding allocations as informed by the risk methodology. TSA is requiring a training program that focuses on the specific knowledge provided to security-sensitive employees related to preparedness, observation, assessment and response. TSA will expect the passenger operation to clearly state in its security training program, as part of the submission process under 49 CFR 1570.109, that the freight railroad carrier will conduct the training and provide the required information on that training. Metropolitan Atlanta Rapid Transit Authority (MARTA). One commenter asked if the Federal Transit Administration's (FTA's) impending repeal of 49 CFR part 659 would mean only TSA's identified “higher risk” PTPR systems will have security training requirements, vulnerability assessments, and security planning requirements after April 15, 2019. The rule also requires the owner/operator to submit contact information for both the security coordinator and alternate and to update this information within 7 days if it changes. These functions fall into the following categories: (1) Operating a vehicle; inspecting and maintaining vehicles; (2) inspecting or maintaining building or transportation infrastructure; (3) controlling dispatch or movement of vehicles; (4) providing security of the owner/operator's equipment and property; (5) loading or unloading cargo or baggage; (6) interacting with travelling public (on board a vehicle or within a transportation facility); and (7) complying with security programs or measures, including those required by Federal law (a catch-all category that includes a small number of employees such as security coordinators and any other individuals who may have responsibility for carrying out aspects of the owner/operator's security program or other security measures who are not otherwise identified in the previous categories). For purposes of a maritime facility or a vessel, owner/operator has Start Printed Page 16498the same meaning as defined in 33 CFR 101.105. 403 OTRBs, 1. (§§ 1580.113, 1582.113, and 1584.113)? Similarly, an employee's need to be trained in how to operate and maintain security equipment may be dictated by the employee's responsibilities. (a) If an owner/operator seeks to petition for reconsideration of a determination, required modification, denial of a request for amendment by the owner/operator, denial to rescind a TSA-required amendment, or denial of an alternative measure, the owner/operator must submit a written petition for reconsideration that includes a statement and any supporting documentation explaining why the owner/operator believes TSA's decision is incorrect. Academy Registrar – Shakeena Farris Phone: 770.499.5072 Registration Fax: 770.732.5934. Comment on size of train crew: One commenter noted that a two-person minimum crew in train cabs is vital to defending national security. All other requirements remain the same. To the extent these plans or procedures exist, employees must be trained in order to ensure they are effective. The rule accomplishes this purpose by requiring higher-risk public transportation systems, railroad carriers (passenger and freight), and OTRB owner/operators to prepare and train their employees performing security-sensitive job functions. (b) Within or outside of an HTUA, carrier receiving from a rail hazardous materials shipper. Under § 1570.107, an owner/operator may rely on previous training provided within the stipulated periods for initial or recurrent training, as validated by TSA (based on information submitted by the owner/operator). (a) Security training program required. In some circumstances, security-sensitive functions may be performed by individuals not within the definition of “employee.” For example, police officers employed by a local law enforcement agency may be routinely patrolling the owner/operator's premises and/or operations, but do not work directly for, or under contract to, the owner/operator. (2) Enter, or be present within, a secured or restricted area without complying with the security measures applied as required under this subchapter to control access to, or presence or movement in, such areas. MAKE YOUR SPORT SAFE! Amtrak—National Railroad Passenger Corporation, APTA—American Public Transportation Association, GAO—U.S. It is TSA's intent that this specificity will reduce the burden for owner/operators by providing clarity on the types of changes that may trigger the need for an amendment. Document the transfer means documentation uniquely identifying that the rail car was attended during the transfer of custody, including: (2) Identification of individuals who attended the transfer (names or uniquely identifying employee number). To the extent there are such individuals in the management structure, they will not be considered “security-sensitive” employees. Any registrations after January 12 th will be evaluated on a case-by-case basis. Specific details of aviation, maritime, or surface transportation security measures, both operational and technical, whether applied directly by the Federal government or another person, including the following: (10) Security training materials. 205 OTRBs, 1. 14. 1101(a)(22), and includes American Samoa and Swains Island. After 60 days, the rule requires the owner/operator to remove the employee from a security-sensitive function. [134] 21. Consistent with TSA's commitment to a risk-based approach to transportation security, the requirements of this rule only apply to higher-risk operations. [53] Contractor means a person or organization that provides a service for an owner/operator regulated under this subchapter consistent with a specific understanding or arrangement. New York City, Yonkers, and a 10-mile buffer extending from the border of the combined area. National of the United States means a citizen of the United States, or a person who, though not a citizen, owes permanent allegiance to the United States, as defined in 8 U.S.C. daily Federal Register on FederalRegister.gov will remain an unofficial Table 9 identifies the requirements of this final rule implemented by OTRB owner/operators. * These job titles are provided solely as a resource to help understand the functions described; whether an employee must be trained is based upon the function, not the job title. TSA may grant an extension of time for implementing a security program identified in subpart B to parts 1580, 1582, and 1584 of this subchapter upon a showing of good Start Printed Page 16503cause. 1405(c)(2)(I) and 1531(e)(1)(H), as codified at 6 U.S.C. This action is covered by categorical exclusion (CATEX) number A3(b) in DHS Management Directive 023-01 (formerly Management Directive 5100.1), Environmental Planning Program, which guides TSA compliance with NEPA. documents in the last year, by the Environmental Protection Agency 104. 1131), 1405 (6 U.S.C. Comments: Some commenters expressed concern that the cost of the rulemaking is too high, and that the rule is too costly for industry to implement. For further discussion, see 81 FR at 91361. Employees who load, or oversee loading of, property tendered by or on behalf of a passenger on or off of a portion of a bus that will be inaccessible to the passenger while the vehicle is in operation. In addition to the direct impacts of a terrorist attack in terms of lost life and property, there are other more indirect impacts that are difficult to measure. Training is an ongoing part of a screener’s job. Pending completion of these capabilities owner/operators and their designated employees are generally required to meet the requirements of this section by contacting the Transportation Security Operations Center at 1-866-615-5150. Finally, the provision on use of previous training, in § 1570.107, also addresses concerns about unique training programs and the impact on employees who change jobs. 3. To continue to be effective, the commenters advocated that they be allowed to update their programs as needed without TSA approval. 02/17/2021, 37 1143) and 1522(e) (6 U.S.C. 1142), 1501 (6 U.S.C. 32. (3) Other circumstances concerning potential risk to the public and transportation security. [124] TSA considered a second regulatory alternative that would require annual training and increase the population of owner/operators required to comply with the final rule. corresponding official PDF file on govinfo.gov. In the case of a TWIC, TSA invalidates the TWIC when TSA issues an Initial Determination of Threat Assessment and Immediate Revocation. Consistent with this commitment, TSA does not believe it is necessary to expand the scope of applicability or requirements, but encourages owner/operators to provide additional security training as they consider appropriate to address potential vulnerabilities or threats within their unique operational environments. (1) Ensure that the rail hazardous materials receiver or railroad carrier maintains positive control of the rail car during the physical transfer of custody of the rail car; (2) Keep the rail car in a rail secure area until the car is unloaded; and. Except as otherwise directed by TSA, each owner/operator required under subpart B to part 1580, 1582, or 1584 of this subchapter to develop a security training program must—. TSA neither proposed nor is adopting any modifications to the RSC requirements as they apply to railroads and the requirement regarding 24/7 accessibility of security coordinators. (g) Within or outside of an HTUA, rail hazardous materials receiver rejecting car. In response to these comments, TSA modified the recurrent training requirement to at least once every three years in the final rule, and rejected the annual recurrent training requirement in Alternative 2.

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