Request for Comments on Security Training Programs for Surface Mode Employees, 35945-35950 [2013-14091]
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Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Notices
Name of Committee: Center for Scientific
Review Special Emphasis Panel; Shared
Instrumentation MRI.
Date: July 16, 2013.
Time: 12:00 p.m. to 5:00 p.m.
Agenda: To review and evaluate grant
applications.
Place: National Institutes of Health, 6701
Rockledge Drive, Bethesda, MD 20892,
(Virtual Meeting).
Contact Person: Malgorzata Klosek, Ph.D.,
Scientific Review Officer, Center for
Scientific Review, National Institutes of
Health, 6701 Rockledge Drive, Room 4188,
MSC 7849, Bethesda, MD 20892, (301) 435–
2211, klosekm@csr.nih.gov.
(Catalogue of Federal Domestic Assistance
Program Nos. 93.306, Comparative Medicine;
93.333, Clinical Research, 93.306, 93.333,
93.337, 93.393–93.396, 93.837–93.844,
93.846–93.878, 93.892, 93.893, National
Institutes of Health, HHS)
Dated: June 10, 2013.
Melanie J. Gray,
Program Analyst, Office of Federal Advisory
Committee Policy.
[FR Doc. 2013–14129 Filed 6–13–13; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[Docket No. USCG–2013–0226]
Certificate of Alternative Compliance
for the M/V MADELINE, 669921
Coast Guard, DHS.
Notice.
AGENCY:
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ACTION:
SUMMARY: The Coast Guard announces
that a Certificate of Alternative
Compliance was issued for the
passenger vessel ferry MADELINE as
required by 33 U.S.C. 1605(c) and 33
CFR 81.18.
DATES: The Certificate of Alternative
Compliance was issued on January 28,
2013.
ADDRESSES: The docket for this notice is
available for inspection or copying at
the Docket Management Facility (M–30),
U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. You may also
find this docket on the Internet by going
to https://www.regulations.gov, inserting
USCG–2013–0226 in the ‘‘SEARCH’’
box, and then clicking ‘‘Search.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice, call
LT Steven Melvin, District Nine,
Prevention Branch, U.S. Coast Guard,
telephone 216–902–6343. If you have
questions on viewing or submitting
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AGENCY:
buses. While TSA is in the process of
completing a notice of proposed
rulemaking (NPRM) that would fulfill
requirements of the Implementing
Recommendations of the 9/11
Commission Act of 2007 (9/11 Act) to
mandate security training for frontline
employees, additional data would
provide TSA with a more accurate
understanding of the existing baseline
and potential costs associated with the
proposed rule. In particular, TSA is
requesting information regarding
programs currently implemented—
whether as a result of regulatory
requirements, grant requirements, in
anticipation of a rule, voluntary, or
otherwise—and the costs associated
with these training programs.
DATES: Submit comments by July 15,
2013.
ADDRESSES: You may submit comments,
identified by the TSA docket number to
this rulemaking, to the Federal Docket
Management System (FDMS), a
government-wide, electronic docket
management system, using any one of
the following methods:
Electronically: You may submit
comments through the Federal
eRulemaking portal at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Mail, In Person, or Fax: Address,
hand-deliver, or fax your written
comments to the Docket Management
Facility, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE., West Building Ground
Floor, Room W12–140, Washington, DC
20590–0001; fax (202) 493–2251. The
Department of Transportation (DOT),
which maintains and processes TSA’s
official regulatory dockets, will scan the
submission and post it to FDMS.
See SUPPLEMENTARY INFORMATION for
format and other information about
comment submissions.
FOR FURTHER INFORMATION CONTACT:
Virginia Wise, Office of Security Policy
and Industry Engagement, Surface
Division, TSA–28, Transportation
Security Administration, 601 South
12th Street, Arlington, VA 20598–6028;
telephone (571) 227–1080; facsimile
(703) 603–0230; email Ginny.Wise
@dhs.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY: TSA seeks comments and
data on employee security training
programs and planned security training
exercises currently provided by owner/
operators of freight railroads, passenger
railroads, public transportation systems
(excluding ferries), and over-the-road
Comments Invited
TSA invites interested persons to
participate in this action by submitting
written comments or views,
supplemented with as much data as
possible. We also invite comments
relating to the economic or federalism
impacts that might result from this
action. See ADDRESSES above for
material to the docket, call Barbara
Hairston, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Background and Purpose
A Certificate of Alternative
Compliance, as allowed for under 33
U.S.C. 1605(c) and 33 CFR 81.18, has
been issued for the M/V MADELINE.
The vessel’s primary purpose is as an
island passenger car ferry that operates
on the south shore of Lake Superior in
Northern Wisconsin. The unique design
of the vessel did not lend itself to full
compliance with Annex I of the Inland
Rules Act.
The Commandant, U.S. Coast Guard,
certifies that full compliance with the
Inland Rules Act would interfere with
the special functions/intent of the vessel
and would not significantly enhance the
safety of the vessel’s operation. Placing
the starboard and port side lights in the
required position would make them
vulnerable to damage from the dock
wall because of consistent lower than
normal water levels on Lake Superior.
The Certificate of Alternative
Compliance authorizes the M/V
MADELINE to deviate from the
requirements set forth in Annex I of the
Inland Rules Act by placing its port and
starboard lights on the main
superstructure above the pilot house.
This notice is issued under authority
of 33 U.S.C. 1605(c), and 33 CFR 81.18.
Dated: May 10, 2013.
S.E. Anderson,
Commander, U.S. Coast Guard Acting Chief,
Prevention Division By Direction of the
Commander, Ninth Coast Guard District.
[FR Doc. 2013–14089 Filed 6–13–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Transportation Security Administration
[Docket No. TSA–2013–0005]
RIN 1652–AA55
Request for Comments on Security
Training Programs for Surface Mode
Employees
Transportation Security
Administration (TSA), DHS.
ACTION: Notice; request for comments.
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Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Notices
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information on where to submit
comments.
With each comment, please identify
the docket number at the beginning of
your comments. While not required,
TSA encourages commenters to provide
their name and contact information so
TSA can engage in follow-up, if
necessary. The most helpful comments
reference a specific portion of the
document and include supporting data.
You may submit comments and material
electronically, in person, by mail, or fax
as provided under ADDRESSES, but
please submit your comments and
material by only one means. If you
submit comments by mail or delivery,
submit them in an unbound format, no
larger than 8.5 by 11 inches, suitable for
copying and electronic filing.
If you would like TSA to acknowledge
receipt of comments submitted by mail,
include with your comments a selfaddressed, stamped postcard on which
the docket number appears. We will
stamp the date on the postcard and mail
it to you.
TSA will file all comments to our
docket address, as well as items sent to
the address or email under FOR FURTHER
INFORMATION CONTACT, in the public
docket, except for comments containing
confidential information and sensitive
security information (SSI).1 Should you
wish your personally identifiable
information redacted prior to filing in
the docket, please so state. TSA will
consider all comments that are in the
docket on or before the closing date for
comments and will consider comments
filed late to the extent practicable. The
docket is available for public inspection
before and after the comment closing
date.
Handling of Confidential or Proprietary
Information and Sensitive Security
Information (SSI) Submitted in Public
Comments
Comments containing trade secrets,
confidential commercial or financial
information, other proprietary
information, or SSI should be
appropriately marked as containing
such information and submitted by mail
to the address listed in FOR FURTHER
INFORMATION CONTACT section. Do not
submit comments containing this type
of information to the public regulatory
docket. TSA will not place comments
containing SSI in the public docket and
1 ‘‘Sensitive Security Information’’ or ‘‘SSI’’ is
information obtained or developed in the conduct
of security activities, the disclosure of which would
constitute an unwarranted invasion of privacy,
reveal trade secrets or privileged or confidential
information, or be detrimental to the security of
transportation. The protection of SSI is governed by
49 CFR part 1520.
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will handle them in accordance with
applicable safeguards and restrictions
on access. TSA will hold documents
containing SSI, confidential business
information, or trade secrets in a
separate file to which the public does
not have access, and place a note in the
public docket explaining that
commenters have submitted such
documents. TSA may include a redacted
version of the comment in the public
docket. If an individual requests to
examine or copy information that is not
in the public docket, TSA will treat it
as any other request under the Freedom
of Information Act (FOIA) (5 U.S.C. 552)
and the Department of Homeland
Security’s (DHS’s) FOIA regulation
found in 6 CFR part 5.
Reviewing Comments in the Docket
Please be aware that anyone is able to
search the electronic form of all
comments in any of our dockets by the
name of the individual who submitted
the comment (or signed the comment, if
an association, business, labor union,
etc., submitted the comment). You may
review the applicable Privacy Act
Statement published in the Federal
Register on April 11, 2000 (65 FR
19477), or you may visit https://
DocketInfo.dot.gov.
You may review TSA’s electronic
public docket on the Internet at https://
www.regulations.gov. In addition, DOT’s
Docket Management Facility provides a
physical facility, staff, equipment, and
assistance to the public. To obtain
assistance or to review comments in
TSA’s public docket, you may visit this
facility between 9:00 a.m. to 5:00 p.m.,
Monday through Friday, excluding legal
holidays, or call (202) 366–9826. This
docket operations facility is located in
the West Building Ground Floor, Room
W12–140 at 1200 New Jersey Avenue
SE., Washington, DC 20590.
Availability of Document
You can get an electronic copy using
the Internet by—
(1) Searching the electronic Federal
Docket Management System (FDMS)
Web page at https://www.regulations.gov;
(2) Accessing the Government
Printing Office’s Web page at https://
www.gpo.gov/fdsys/browse/
collection.action?collectionCode=FR to
view the daily published Federal
Register edition; or accessing the
‘‘Search the Federal Register by
Citation’’ in the ‘‘Related Resources’’
column on the left, if you need to do a
Simple or Advanced search for
information, such as a type of document
that crosses multiple agencies or dates;
or
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(3) Visiting TSA’s Security
Regulations Web page at https://
www.tsa.gov and accessing the link for
‘‘Stakeholders’’ at the top of the page,
then the link ‘‘Research Center’’ in the
left column.
In addition, copies are available by
writing or calling the individual in the
FOR FURTHER INFORMATION CONTACT
section. Make sure to identify the docket
number of this rulemaking.
Requirements of the 9/11 Act
The ‘‘Implementing
Recommendations of the 9/11
Commission Act of 2007’’ (9/11 Act)
requires DHS to issue regulations
requiring security training for frontline
employees in the public transportation,
railroad carrier, and over-the-road bus
(OTRB) modes.2 In summary, the 9/11
Act specifies for each mode that
regulations must (1) Require preparation
of a program to prepare employees,
including frontline employees, for
potential security threats and
conditions; (2) for each mode, the 9/11
Act prescribes specific elements that
must, at a minimum, be included in the
program; and (3) sets the schedule by
which all employees covered by the
program must be trained. While TSA is
in the process of completing a notice of
proposed rulemaking (NPRM) that
would fulfill these requirements of the
9/11 Act, additional data would provide
TSA with a more accurate
understanding of the existing baseline
and potential costs associated with the
proposed rule. TSA will consider
comments and data submitted in
response to this Notice to inform the
NPRM. There will be another
opportunity for comment on the
proposed rule once it is published in the
Federal Register.
9/11 Act’s Public Transportation
Security Training Requirements.
Paragraph 1408(a) of the 9/11 Act
directs the Secretary of Homeland
Security to develop and issue
regulations ‘‘for a public transportation
security training program to prepare
public transportation employees,
including frontline employees, for
potential security threats and
conditions.’’ Paragraph 1408(c) directs
DHS to include specific program
elements. Paragraph 1408(d) requires
DHS to approve security training
programs. Paragraph 1408(b) directs
DHS to consult with a range of
stakeholders, including appropriate law
enforcement, fire service, security, and
terrorism experts; representatives of
public transportation agencies; and
2 Public Law 110–53; 121 Stat. 266 (August 3,
2007).
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nonprofit employee labor organizations
representing public transportation
employees or emergency response
personnel, before issuing the regulation.
9/11 Act’s Railroad Carrier Security
Training Requirements. Section 1517 of
the 9/11 Act sets similar requirements
for railroad carriers. Paragraph 1517(a)
directs the Secretary of Homeland
Security to develop and issue
regulations for a security training
program ‘‘to prepare railroad carrier
frontline employees for potential
security threats and conditions.’’ DHS
must consider ‘‘any current security
training requirements and best
practices’’ in these regulations.
Paragraph 1517(b) requires DHS to
consult with stakeholders including
appropriate law enforcement, fire
service, emergency response, security,
and terrorism experts; railroad carriers;
railroad shippers; and nonprofit
employee labor organizations
representing railroad employees or
emergency response personnel.
Paragraph 1517(c) specifies program
elements. Paragraph 1517(d) requires
DHS to approve security training
programs. Within 90 days after DHS
issues the regulations, each railroad
carrier must develop a security training
program and submit it to DHS for
approval.
9/11 Act’s Over-the-Road Bus Security
Training Requirements. Section 1534 of
the 9/11 Act contains similar
requirements for OTRBs. Paragraph
1534(a) directs DHS to develop and
issue regulations for an OTRB program
‘‘to prepare over-the-road bus frontline
employees for potential security threats
and conditions’’ and to ‘‘take into
consideration any current security
35947
training requirements or best practices.’’
Paragraph 1534(b) directs DHS to
consult with OTRB owner/operators,
first responders, labor representatives,
and security experts before issuing the
rule. Paragraph 1534(c) specifies
program elements. Paragraph 1534(d)
requires DHS to approve security
training programs. Within 90 days after
DHS issues the regulations, each OTRB
owner/operator must develop a security
training program and submit it to DHS
for approval.
Specific requirements for all modes.
The 9/11 Act prescribes specific
elements that must, at a minimum, be
included in the security training
program required by the regulations.
Table 1 identifies the specific elements
as prescribed for each of the three
modes specified in the Act.
TABLE 1—REQUIRED TRAINING PROGRAM ELEMENTS FROM 9/11 ACT
1408(c)—Public transportation
1517(c)—Freight and passenger railroads
1534(c)—OTRB
(1) Determination of the seriousness of any occurrence or threat.
(2) Crew and passenger communication and
coordination.
(3) Appropriate responses to defend oneself, including using nonlethal defense devices.
(4) Use of personal protective devices and
other protective equipment.
(5) Evacuation procedures for passengers and
employees, including individuals with disabilities and the elderly.
(6) Training related to behavioral and psychological understanding of, and responses to,
terrorist incidents, including the ability to cope
with hijacker behavior, and passenger responses.
(7) Live situational training exercises regarding
various threat conditions, including tunnel
evacuation procedures.
(1) Determination of the seriousness of any
occurrence or threat.
(2) Crew and passenger communication and
coordination.
(3) Appropriate responses to defend or protect oneself.
(4) Use of personal and other protective
equipment.
(5) Evacuation procedures for passengers
and railroad employees, including individuals with disabilities and the elderly.
(6) Psychology, behavior, and methods of terrorists, including observation and analysis.
(1) Determination of the seriousness of any
occurrence or threat.
(2) Driver and passenger communication and
coordination.
(3) Appropriate responses to defend or protect oneself.
(4) Use of personal and other protective
equipment.
(5) Evacuation procedures for passengers
and over-the-road bus employees, including
individuals with disabilities and the elderly.
(6) Psychology, behavior, and methods of terrorists, including observation and analysis.
(7) Training related to psychological responses to terrorist incidents, including the
ability to cope with hijacker behavior and
passenger responses.
(8) Live situational training exercises regarding various threat conditions, including tunnel evacuation procedures.
(9) Recognition and reporting of dangerous
substances, suspicious packages, and situations.
(7) Training related to psychological responses to terrorist incidents, including the
ability to cope with hijacker behavior and
passenger responses.
(8) Live situational training exercises regarding various threat conditions, including tunnel evacuation procedures.
(9) Recognition and reporting of dangerous
substances, suspicious packages, and situations.
(10) Understanding security incident procedures, including procedures for communicating with governmental and non-governmental emergency response providers and
for on scene interaction with such emergency response providers.
(11) Operation and maintenance of security
equipment and systems.
(12) Other security training activities that the
Secretary deems appropriate.
(10) Understanding security incident procedures, including procedures for communicating with emergency response providers
and for on scene interaction with such
emergency response providers.
(8) Recognition and reporting of dangerous
substances and suspicious packages, persons, and situations.
(9) Understanding security incident procedures,
including procedures for communicating with
governmental and non-governmental emergency response providers and for on scene
interaction with such emergency response
providers.
(10) Operation and maintenance of security
equipment and systems.
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(11) Other security training activities that the
Secretary deems appropriate.
Table 2 identifies the frontline
employees who, at a minimum, must be
trained pursuant to security training
programs developed to meet the
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requirements of the 9/11 Act. Some
flexibility is allowed for the training
program to make adjustments as
necessary based upon the work
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(11) Operation and maintenance of security
equipment and systems.
(12) Other security training activities that the
Secretary deems appropriate.
performed by the employee. For
example, a dispatcher’s training would
likely have more focus on the
appropriate protocols for sharing
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information during an emergency while
a maintenance-of-way worker may have
more training on identifying potential
threats.
TABLE 2—FRONTLINE EMPLOYEES IDENTIFIED IN THE 9/11 ACT
Sec. 1501(5)—OTRB frontline employees
Sec. 1501(6)—Railroad frontline employees
Transit vehicle driver or operator .......................
Drivers ..............................................................
Maintenance and maintenance support employee.
Dispatcher ..........................................................
Security employee, or transit police ...................
Station attendant, customer service employee,
and any other employee who has direct contact with riders on a regular basis.
Any other employee of a public transportation
agency that the Secretary determines should
receive security training.
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Sec. 1402(4)—Public transportation frontline
employees
Maintenance and maintenance support personnel.
Dispatchers ......................................................
Security personnel ...........................................
Ticket agents [and] other terminal employees
Locomotive engineers, conductors, trainmen,
and other onboard employees.
Maintenance, maintenance support personnel,
and bridge tenders.
Dispatchers.
Security personnel.
Locomotive engineers, conductors, and other
onboard employees.
Other employees of an over-the-road bus operator or terminal owner or operator that the
Secretary determines should receive security training.
Any other employees of railroad carriers that
the Secretary determines should receive
security training.
Relation to Other Training Programs
The 9/11 Act includes requirements
for TSA to consider ‘‘any current
security training requirements or best
practices’’ before issuing security
training regulations.3 TSA is aware that
many public transportation agencies,
railroads, and OTRB owner/operators
have implemented training that may
satisfy some of the required security
training program elements outlined
above. The impetus for development of
this training may include requirements
of other Federal regulations; pursuant to
a grant, using materials developed and/
or approved by TSA; in anticipation of
this rulemaking; voluntarily; or as a best
practice. A range of courses—including
those sponsored by TSA and other
Federal agencies such as Federal Transit
Administration (FTA), the Federal
Railroad Administration (FRA), Federal
Motor Carriers Safety Administration
(FMCSA), the Federal Emergency
Management Agency (FEMA) and the
Pipeline and Hazardous Materials Safety
Administration (PHMSA)—may provide
a means for covered entities to
coordinate training for their employees
in many of the elements stipulated in
the 9/11 Act.
For example, TSA is aware of security
training programs that mass transit and
passenger rail agencies have
implemented through courses
sponsored by FTA, TSA, FRA and
FEMA. Some of this information has
been obtained by TSA as part of an
ongoing effort under the Mass Transit
Security Grant Program (TSGP) to
develop a user-friendly matrix on
training at basic and follow-on levels for
particular categories of transit
employees. In the past, as part of the
TSGP, DHS has provided information to
3 See
9/11 Act secs. 1517(a) and 1534(a).
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eligible agencies on training that would
be pre-approved for use of grant funds
in order to help in developing grant
applications. TSA is also aware that
many agencies have used funds
provided under the TSGP to obtain
third-party training.
There are also programs that have
been developed to support testing
effectiveness of response capabilities,
such as the National Exercise Program
managed by the Federal Emergency
Management Agency (FEMA), exercises
and drills funded through the TSGP,
and the Intermodal Security Training
and Exercise Program (I–STEP), both
administered by TSA.4 Some of these
courses are identified in the example for
a security training matrix posted in the
docket for this rulemaking (the purpose
of this example is discussed below).
Similarly, under the Intercity Bus
Security Grant Program (IBSGP), which
has funded security grants to ‘‘eligible
private operators providing
transportation by an over-the-road bus,’’
TSA has managed Operation Secure
Transport (OST). Operation Secure
Transport is a training resource made
available to train industry employees.
Use of this training is voluntary. This
training includes a curriculum intended
to develop the ability of bus employees
to recognize security threats and
respond appropriately to security
incidents. Under other grant programs,
TSA has funded development of the
First ObserverTM program, which
includes training modules for OTRB
drivers on the need to be aware and
4 In FY 2008 and FY 2009, the TSGP included a
Freight Rail Security Grant Program (FRSGP) that
focused on activities designed to strengthen the
nation’s critical freight rail infrastructure against
risks associated with potential terrorist attacks. In
FY 2009, the program awarded approximately $1.4
million for training projects.
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vigilant for activities that could lead to
terrorist incidents, such as how
terrorists operate and how drivers and
others can sharpen their powers of
observation and be involved in
preventing terrorism.
Request for Comments
TSA is requesting public comment
and data to assist TSA in determining
the current baseline of training that
could meet some of the security training
program elements outlined above. In
particular, TSA is interested in
receiving more data from owner/
operators who are currently providing
security or related safety training to
their employees. While TSA has
gathered significant information in these
areas as part of its rulemaking efforts,
there are some areas where it would be
helpful to validate cost elements and
ensure our understanding of the existing
baseline is current. The questions asked
seek information to close these gaps.
Commenters are asked to provide as
much information as possible. In some
areas, very specific information is being
requested. TSA recognizes that
providing detailed on every question
could be burdensome. All information
received will be considered, regardless
of whether it is complete, and it is very
much appreciated.
General information. Providing
information on the nature of the
business operation of the person
commenting will help TSA more fully
appreciate the information provided.
Please include in your comments
information regarding the nature and
size of the business for which the other
information is being provided. In
addition, we would appreciate receiving
information about how training is
normally delivered, for example,
through instructor-led training sessions,
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web-based training, or other. Failure to
provide this information will not
preclude the agency’s full consideration
of the comment.
Request to complete training matrix.
To assist commenters, TSA has
provided tables in the docket for this
rulemaking that identify the
requirements of the 9/11 Act. TSA is
asking commenters to complete the
table and submit it to TSA. An example
is provided, using courses known to be
provided through the TSGP, I–STEP and
other programs previously identified. If
the training is being provided to comply
with a Federal or state requirement,
please identify the source of that
requirement.
Request to respond to specific
questions. In addition, TSA is asking
owner/operators of one of the modes of
transportation that fall within the
categories identified in the 9/11 Act
(freight railroads, public transportation
systems, passenger railroads, over-theroad buses) to respond to the following
questions to help us identify the
baseline and potential costs for the
proposed rule. When providing
comments, please explain the basis and
reasoning underlying your comment.
Please provide citations and copies of
any relevant studies or reports on which
you rely as well as any additional data
which supports your comment.
1. The 9/11 Act focuses the security
training program requirements on
‘‘frontline’’ employees. For the relevant
business operation, or component of a
larger entity, that would be required to
have a security training program, what
percentage of total employees are
frontline employees as identified in
Table 2? Please include in the total all
frontline employees, including those
employed through a contractor. If the
total includes personnel employed
through a contractor, please identify
what percentage they are of the total.
1.1. Do you provide security
awareness training to frontline
employees (see Table 1 for a description
of the elements of security awareness
training and see Table 2 for an
identification of frontline employees),
either through a formal security
awareness training program, or through
some other type of employee training or
exercise? If so, please briefly describe.
How long have you provided this
training? Did you change the training
provided after passage of the 9/11 Act?
Please provide the number of hours, per
employee and overall, in preparing,
attending, and implementing these
training elements.
1.2. Are there certain types of
frontline employees that currently do
not participate in your company’s
VerDate Mar<15>2010
17:03 Jun 13, 2013
Jkt 229001
training programs? If so, please indicate
which types of employees (from Table
2) do not currently participate.
Similarly, if you provide training on
some of the elements listed in Table 1
to frontline employees, please describe
which training elements and the types
of employees who receive the training.
1.3. Do your frontline employees
employed through a contractor receive
the same training as other frontline
employees? If not, please explain why.
1.4. What is the current cost per
employee for your security awareness
training? If you do not provide training
on all of the elements listed in Table 1
to all frontline employees, please
describe in as much detail as possible
the projected additional cost to your
organization of providing training on
the Table 1 elements to all frontline
employees. When providing an estimate
for the projected additional costs, please
include the assumptions you are using.
1.5. What is the curriculum delivery
method used for your security
awareness training (for example,
instructor-led in classroom, computerbased, self-study, training exercises, a
combination of those methods)?
1.6. What, if any, is the refresher
training cycle for the training elements
outlined above (for example, annual,
biennial, triennial)?
1.7. Rounded up to the nearest hour,
what is the amount of time spent in
training related to the security elements
in Table 1, per employee? (Please
indicate whether this includes travel
time and, if so, please provide any
available data on how much.) Does this
time frame differ based on the
employment type or classification of the
trainee? If so, please provide more detail
on how your company determines the
appropriate level of training.
1.8. To the extent, either at the
corporate headquarters or subsidiary
level, you have received federal grant
funding for the development,
production, or delivery of security
awareness training, please indicate
whether it was for developing specific
training, training specific employees, or
both. In other words, please indicate
how the funding was allocated. In the
absence of grant funding, would you
have instituted this training?
2. Does your organization conduct
operational or ‘‘live’’ exercises to test
security training? To the extent possible,
please provide information regarding
the exercise program that reflects
whether it is a phased or multi-tiered
program. For example, some exercise
programs have frequent spot checks
with employees while performing their
duties, less frequent table-top exercises
for managers, and only conduct ‘‘live’’
PO 00000
Frm 00102
Fmt 4703
Sfmt 4703
35949
exercises involving emergency
responders and other stakeholders every
few years. If you have such an exercise
program, in answering the questions,
please provide as much of a cost
breakdown as possible to reflect costs
associated with scope, frequency, and
number of participating employees.
2.1. What employee populations
participate in these exercises?
2.2. What number of or percentage of
frontline employees, as listed in Table 2,
participate in the exercises?
2.3. What is the frequency of the
exercises?
2.4. How many management hours are
involved in conducting security
exercises including development time
and coordination with contractors?
2.5. TSA is aware that owner/
operators sometimes contract with
private vendors for the planning,
preparation, execution, and evaluation
of exercises. TSA assumes that the fees
charged by vendors will depend on the
size and scope of the exercise, including
the phases of an exercise, travel
expenses for contractors, and other
incidental charges. TSA requests
informed comments related to
contractor fees and the scope of services
provided.
2.6. What types of existing tools or
resources provided by TSA have you
used that you think would help your
company meet the requirements of the
9/11 Act? (For example, the Intermodal
Security Training and Exercise Program
(I–STEP) and First ObserverTM.)
2.7. Do you change the curriculum or
format of your training programs based
upon the results of these exercises? How
do you evaluate whether a change is
needed?
3. Additional data needed from
owner/operators of freight railroads.
3.1. TSA derived a 4 percent annual
railroad employee turnover rate from
the Railroad Retirement Board.5 Is this
turnover rate a good approximation of
the turnover rate for the freight railroad
industry? If no, TSA requests comments
on the freight railroad industry
employee turnover rate.
4. Additional data needed from
owner/operators of public
transportation systems.
4.1. TSA obtained a 10.9 percent
annual employee turnover rate for
public bus systems from a Transit
Cooperative Research Program report
5 Railroad Retirement Board, Twenty-Fifth
Actuarial Valuation of Assets and Liabilities Under
the Railroad Retirement Acts as of December 31,
2010 with Technical Supplement, at p. 91, tbl. S–
34 (under the ‘‘All Ages, Crude 100’’ column). See
https://www.rrb.gov/pdf/act/valuation.pdf.
E:\FR\FM\14JNN1.SGM
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35950
Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Notices
sponsored by the FTA.6 Is this turnover
rate a good approximation of the
turnover rate for public transportation
and passenger railroads? If no, TSA
requests comments on the public
transportation and passenger railroad
employee turnover rate.
4.2. TSA obtained a 0.92 percent
annual growth rate for public
transportation and passenger railroad
employees from American Public
Transportation Association (APTA).7 Is
this growth rate a good approximation
of the industry growth rate for the
public transportation and passenger
railroad industry? If no, TSA requests
comments on the public transportation
and passenger railroad industry growth
rate.
5. Additional data needed from
owner/operators of over-the-road buses.
5.1. TSA obtained a 32.3 percent
annual employee turnover rate for the
OTRB industry using the BLS JOLTS
hires rates for transportation,
warehousing, and utilities worker.8 Is
this turnover rate a good approximation
of the turnover rate for the OTRB
industry? If no, TSA requests comments
on the OTRB industry turnover rate.
5.2. TSA obtained a 1.77 percent
annual industry growth rate for OTRB
carriers from the U.S. Census Bureau.9
Is this growth rate a good approximation
of the industry growth rate for the OTRB
industry? If no, TSA requests comments
on the OTRB industry growth rate.
5.3. TSA obtained a 1.99 percent
annual employee growth rate from the
U.S. Census Bureau.10 Is this growth
mstockstill on DSK4VPTVN1PROD with NOTICES
6 Transportation
Research Board, 2001, TCRP
Synthesis 40, at chpt. 5, p. 36. See https://
onlinepubs.trb.org/Onlinepubs/tcrp/tsyn40.pdf.
7 APTA, 2010 Public Transportation Fact Book, at
page vii, App. A: Historical Tables (tbl. 11:
Operating Employees by Mode). TSA used the
CAGR formula to derive the annual growth rate
using 1984–2008 data, netting out the trolley and
paratransit employees. CAGR = ((End value/start
value)∧(1/periods-1)-1). See https://www.apta.com/
resources/statistics/Documents/FactBook/
2010_Fact_Book_Appendix_A.pdf.
8 Bureau of Labor Statistics, Jobs and Labor
Turnover Survey, Transportation, warehousing, and
utilities workers, Hires Rate, Annual Jan–Dec 2010
(Series ID JTU48009900HIR).
9 U.S. Census Bureau, Economic Census 1997 &
2007. Number of establishments for the following
NAICS code industries included: 4859 Other transit
& ground passenger transportation (2,555 & 3,136),
4855 Charter bus industry (1,531 & 1,300), 485113
Bus & motor vehicle transit systems (542 & 933),
4852 Interurban & rural bus transportation (407 &
562). TSA then applied the constant annual growth
rate formula: CAGR: ((End Value/Start Value)∧(1/
(periods-1))-1. See https://www.census.gov/epcd/
ec97/us/US000_48.HTM#N485 and https://
factfinder2.census.gov/bkmk/table/1.0/en/ECN/
2007_US/48A1//
naics∼485113%7C4852%7C4855%7CALL-4859.
10 U.S. Census Bureau, Economic Census, 1997 &
2007. Employee data for the following NAICS codes
included: 4859 (46,304 & 56,689), 4855 (31,483 &
31,343), 485113 (27,448 & 42,334), 4852 (19,900 &
VerDate Mar<15>2010
17:03 Jun 13, 2013
Jkt 229001
rate a good approximation of the
employee growth rate for the OTRB
industry? If no, TSA requests comments
on the OTRB industry employee growth
rate.
Conclusion
As previously noted, TSA appreciates
the information that stakeholders have
already provided during the
consultation phase of this rulemaking
required by the 9/11 Act.11 We are also
aware that a great deal of focus has been
placed on the issue of enhancing
security through training over the last
decade. In finalizing a proposed rule,
TSA wants to ensure that we adequately
reflect these efforts. Any information
that can be provided is appropriate and
will be considered by TSA.
Dated: June 8, 2013.
John S. Pistole,
Administrator.
[FR Doc. 2013–14091 Filed 6–13–13; 8:45 am]
BILLING CODE 9110–05–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5681–N–24]
Federal Property Suitable as Facilities
To Assist the Homeless
Office of the Assistant
Secretary for Community Planning and
Development, HUD.
ACTION: Notice.
AGENCY:
SUMMARY: This Notice identifies
unutilized, underutilized, excess, and
surplus Federal property reviewed by
HUD for suitability for use to assist the
homeless.
FOR FURTHER INFORMATION CONTACT:
Juanita Perry, Department of Housing
and Urban Development, 451 Seventh
Street SW., Room 7266, Washington, DC
20410; telephone (202) 402–3970; TTY
number for the hearing- and speechimpaired (202) 708–2565 (these
telephone numbers are not toll-free), or
call the toll-free Title V information line
at 800–927–7588.
SUPPLEMENTARY INFORMATION: In
accordance with 24 CFR part 581 and
section 501 of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C.
11411), as amended, HUD is publishing
this Notice to identify Federal buildings
and other real property that HUD has
17,690). CAGR = ((End Value/Start Value)∧(1/
(periods-1))-1). See https://www.census.gov/epcd/
ec97/us/US000_48.HTM#N485 and https://
factfinder.census.gov/servlet/IBQTable?_bm=y&geo_id=&-fds_name=EC0700A1&-_skip=100&ds_name=EC0748I2&-_lang=en.
11 See secs. 1408(b), 1517(b), and 1534(b).
PO 00000
Frm 00103
Fmt 4703
Sfmt 4703
reviewed for suitability for use to assist
the homeless. The properties were
reviewed using information provided to
HUD by Federal landholding agencies
regarding unutilized and underutilized
buildings and real property controlled
by such agencies or by GSA regarding
its inventory of excess or surplus
Federal property. This Notice is also
published in order to comply with the
December 12, 1988 Court Order in
National Coalition for the Homeless v.
Veterans Administration, No. 88–2503–
OG (D.D.C.).
Properties reviewed are listed in this
Notice according to the following
categories: Suitable/available, suitable/
unavailable, and suitable/to be excess,
and unsuitable. The properties listed in
the three suitable categories have been
reviewed by the landholding agencies,
and each agency has transmitted to
HUD: (1) Its intention to make the
property available for use to assist the
homeless, (2) its intention to declare the
property excess to the agency’s needs, or
(3) a statement of the reasons that the
property cannot be declared excess or
made available for use as facilities to
assist the homeless.
Properties listed as suitable/available
will be available exclusively for
homeless use for a period of 60 days
from the date of this Notice. Where
property is described as for ‘‘off-site use
only’’ recipients of the property will be
required to relocate the building to their
own site at their own expense.
Homeless assistance providers
interested in any such property should
send a written expression of interest to
HHS, addressed to Theresa Ritta, Office
of Enterprise Support Programs,
Program Support Center, HHS, room
12–07, 5600 Fishers Lane, Rockville,
MD 20857; (301) 443–2265. (This is not
a toll-free number.) HHS will mail to the
interested provider an application
packet, which will include instructions
for completing the application. In order
to maximize the opportunity to utilize a
suitable property, providers should
submit their written expressions of
interest as soon as possible. For
complete details concerning the
processing of applications, the reader is
encouraged to refer to the interim rule
governing this program, 24 CFR part
581.
For properties listed as suitable/to be
excess, that property may, if
subsequently accepted as excess by
GSA, be made available for use by the
homeless in accordance with applicable
law, subject to screening for other
Federal use. At the appropriate time,
HUD will publish the property in a
Notice showing it as either suitable/
available or suitable/unavailable.
E:\FR\FM\14JNN1.SGM
14JNN1
]]>Agencies
[Federal Register Volume 78, Number 115 (Friday, June 14, 2013)]
[Notices]
[Pages 35945-35950]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14091]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
[Docket No. TSA-2013-0005]
RIN 1652-AA55
Request for Comments on Security Training Programs for Surface
Mode Employees
AGENCY: Transportation Security Administration (TSA), DHS.
ACTION: Notice; request for comments.
-----------------------------------------------------------------------
SUMMARY: TSA seeks comments and data on employee security training
programs and planned security training exercises currently provided by
owner/operators of freight railroads, passenger railroads, public
transportation systems (excluding ferries), and over-the-road buses.
While TSA is in the process of completing a notice of proposed
rulemaking (NPRM) that would fulfill requirements of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (9/11 Act) to
mandate security training for frontline employees, additional data
would provide TSA with a more accurate understanding of the existing
baseline and potential costs associated with the proposed rule. In
particular, TSA is requesting information regarding programs currently
implemented--whether as a result of regulatory requirements, grant
requirements, in anticipation of a rule, voluntary, or otherwise--and
the costs associated with these training programs.
DATES: Submit comments by July 15, 2013.
ADDRESSES: You may submit comments, identified by the TSA docket number
to this rulemaking, to the Federal Docket Management System (FDMS), a
government-wide, electronic docket management system, using any one of
the following methods:
Electronically: You may submit comments through the Federal
eRulemaking portal at https://www.regulations.gov. Follow the online
instructions for submitting comments.
Mail, In Person, or Fax: Address, hand-deliver, or fax your written
comments to the Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001; fax (202) 493-2251. The
Department of Transportation (DOT), which maintains and processes TSA's
official regulatory dockets, will scan the submission and post it to
FDMS.
See SUPPLEMENTARY INFORMATION for format and other information
about comment submissions.
FOR FURTHER INFORMATION CONTACT: Virginia Wise, Office of Security
Policy and Industry Engagement, Surface Division, TSA-28,
Transportation Security Administration, 601 South 12th Street,
Arlington, VA 20598-6028; telephone (571) 227-1080; facsimile (703)
603-0230; email Ginny.Wise @dhs.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
TSA invites interested persons to participate in this action by
submitting written comments or views, supplemented with as much data as
possible. We also invite comments relating to the economic or
federalism impacts that might result from this action. See ADDRESSES
above for
[[Page 35946]]
information on where to submit comments.
With each comment, please identify the docket number at the
beginning of your comments. While not required, TSA encourages
commenters to provide their name and contact information so TSA can
engage in follow-up, if necessary. The most helpful comments reference
a specific portion of the document and include supporting data. You may
submit comments and material electronically, in person, by mail, or fax
as provided under ADDRESSES, but please submit your comments and
material by only one means. If you submit comments by mail or delivery,
submit them in an unbound format, no larger than 8.5 by 11 inches,
suitable for copying and electronic filing.
If you would like TSA to acknowledge receipt of comments submitted
by mail, include with your comments a self-addressed, stamped postcard
on which the docket number appears. We will stamp the date on the
postcard and mail it to you.
TSA will file all comments to our docket address, as well as items
sent to the address or email under FOR FURTHER INFORMATION CONTACT, in
the public docket, except for comments containing confidential
information and sensitive security information (SSI).\1\ Should you
wish your personally identifiable information redacted prior to filing
in the docket, please so state. TSA will consider all comments that are
in the docket on or before the closing date for comments and will
consider comments filed late to the extent practicable. The docket is
available for public inspection before and after the comment closing
date.
---------------------------------------------------------------------------
\1\ ``Sensitive Security Information'' or ``SSI'' is information
obtained or developed in the conduct of security activities, the
disclosure of which would constitute an unwarranted invasion of
privacy, reveal trade secrets or privileged or confidential
information, or be detrimental to the security of transportation.
The protection of SSI is governed by 49 CFR part 1520.
---------------------------------------------------------------------------
Handling of Confidential or Proprietary Information and Sensitive
Security Information (SSI) Submitted in Public Comments
Comments containing trade secrets, confidential commercial or
financial information, other proprietary information, or SSI should be
appropriately marked as containing such information and submitted by
mail to the address listed in FOR FURTHER INFORMATION CONTACT section.
Do not submit comments containing this type of information to the
public regulatory docket. TSA will not place comments containing SSI in
the public docket and will handle them in accordance with applicable
safeguards and restrictions on access. TSA will hold documents
containing SSI, confidential business information, or trade secrets in
a separate file to which the public does not have access, and place a
note in the public docket explaining that commenters have submitted
such documents. TSA may include a redacted version of the comment in
the public docket. If an individual requests to examine or copy
information that is not in the public docket, TSA will treat it as any
other request under the Freedom of Information Act (FOIA) (5 U.S.C.
552) and the Department of Homeland Security's (DHS's) FOIA regulation
found in 6 CFR part 5.
Reviewing Comments in the Docket
Please be aware that anyone is able to search the electronic form
of all comments in any of our dockets by the name of the individual who
submitted the comment (or signed the comment, if an association,
business, labor union, etc., submitted the comment). You may review the
applicable Privacy Act Statement published in the Federal Register on
April 11, 2000 (65 FR 19477), or you may visit https://DocketInfo.dot.gov.
You may review TSA's electronic public docket on the Internet at
https://www.regulations.gov. In addition, DOT's Docket Management
Facility provides a physical facility, staff, equipment, and assistance
to the public. To obtain assistance or to review comments in TSA's
public docket, you may visit this facility between 9:00 a.m. to 5:00
p.m., Monday through Friday, excluding legal holidays, or call (202)
366-9826. This docket operations facility is located in the West
Building Ground Floor, Room W12-140 at 1200 New Jersey Avenue SE.,
Washington, DC 20590.
Availability of Document
You can get an electronic copy using the Internet by--
(1) Searching the electronic Federal Docket Management System
(FDMS) Web page at https://www.regulations.gov;
(2) Accessing the Government Printing Office's Web page at https://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR to view
the daily published Federal Register edition; or accessing the ``Search
the Federal Register by Citation'' in the ``Related Resources'' column
on the left, if you need to do a Simple or Advanced search for
information, such as a type of document that crosses multiple agencies
or dates; or
(3) Visiting TSA's Security Regulations Web page at https://www.tsa.gov and accessing the link for ``Stakeholders'' at the top of
the page, then the link ``Research Center'' in the left column.
In addition, copies are available by writing or calling the
individual in the FOR FURTHER INFORMATION CONTACT section. Make sure to
identify the docket number of this rulemaking.
Requirements of the 9/11 Act
The ``Implementing Recommendations of the 9/11 Commission Act of
2007'' (9/11 Act) requires DHS to issue regulations requiring security
training for frontline employees in the public transportation, railroad
carrier, and over-the-road bus (OTRB) modes.\2\ In summary, the 9/11
Act specifies for each mode that regulations must (1) Require
preparation of a program to prepare employees, including frontline
employees, for potential security threats and conditions; (2) for each
mode, the 9/11 Act prescribes specific elements that must, at a
minimum, be included in the program; and (3) sets the schedule by which
all employees covered by the program must be trained. While TSA is in
the process of completing a notice of proposed rulemaking (NPRM) that
would fulfill these requirements of the 9/11 Act, additional data would
provide TSA with a more accurate understanding of the existing baseline
and potential costs associated with the proposed rule. TSA will
consider comments and data submitted in response to this Notice to
inform the NPRM. There will be another opportunity for comment on the
proposed rule once it is published in the Federal Register.
---------------------------------------------------------------------------
\2\ Public Law 110-53; 121 Stat. 266 (August 3, 2007).
---------------------------------------------------------------------------
9/11 Act's Public Transportation Security Training Requirements.
Paragraph 1408(a) of the 9/11 Act directs the Secretary of Homeland
Security to develop and issue regulations ``for a public transportation
security training program to prepare public transportation employees,
including frontline employees, for potential security threats and
conditions.'' Paragraph 1408(c) directs DHS to include specific program
elements. Paragraph 1408(d) requires DHS to approve security training
programs. Paragraph 1408(b) directs DHS to consult with a range of
stakeholders, including appropriate law enforcement, fire service,
security, and terrorism experts; representatives of public
transportation agencies; and
[[Page 35947]]
nonprofit employee labor organizations representing public
transportation employees or emergency response personnel, before
issuing the regulation.
9/11 Act's Railroad Carrier Security Training Requirements. Section
1517 of the 9/11 Act sets similar requirements for railroad carriers.
Paragraph 1517(a) directs the Secretary of Homeland Security to develop
and issue regulations for a security training program ``to prepare
railroad carrier frontline employees for potential security threats and
conditions.'' DHS must consider ``any current security training
requirements and best practices'' in these regulations. Paragraph
1517(b) requires DHS to consult with stakeholders including appropriate
law enforcement, fire service, emergency response, security, and
terrorism experts; railroad carriers; railroad shippers; and nonprofit
employee labor organizations representing railroad employees or
emergency response personnel. Paragraph 1517(c) specifies program
elements. Paragraph 1517(d) requires DHS to approve security training
programs. Within 90 days after DHS issues the regulations, each
railroad carrier must develop a security training program and submit it
to DHS for approval.
9/11 Act's Over-the-Road Bus Security Training Requirements.
Section 1534 of the 9/11 Act contains similar requirements for OTRBs.
Paragraph 1534(a) directs DHS to develop and issue regulations for an
OTRB program ``to prepare over-the-road bus frontline employees for
potential security threats and conditions'' and to ``take into
consideration any current security training requirements or best
practices.'' Paragraph 1534(b) directs DHS to consult with OTRB owner/
operators, first responders, labor representatives, and security
experts before issuing the rule. Paragraph 1534(c) specifies program
elements. Paragraph 1534(d) requires DHS to approve security training
programs. Within 90 days after DHS issues the regulations, each OTRB
owner/operator must develop a security training program and submit it
to DHS for approval.
Specific requirements for all modes. The 9/11 Act prescribes
specific elements that must, at a minimum, be included in the security
training program required by the regulations. Table 1 identifies the
specific elements as prescribed for each of the three modes specified
in the Act.
Table 1--Required Training Program Elements From 9/11 Act
----------------------------------------------------------------------------------------------------------------
1408(c)--Public transportation 1517(c)--Freight and passenger railroads 1534(c)--OTRB
----------------------------------------------------------------------------------------------------------------
(1) Determination of the seriousness of (1) Determination of the seriousness of (1) Determination of the
any occurrence or threat. any occurrence or threat. seriousness of any
occurrence or threat.
(2) Crew and passenger communication and (2) Crew and passenger communication and (2) Driver and passenger
coordination. coordination. communication and
coordination.
(3) Appropriate responses to defend (3) Appropriate responses to defend or (3) Appropriate responses
oneself, including using nonlethal protect oneself. to defend or protect
defense devices. oneself.
(4) Use of personal protective devices (4) Use of personal and other protective (4) Use of personal and
and other protective equipment. equipment. other protective
equipment.
(5) Evacuation procedures for passengers (5) Evacuation procedures for passengers (5) Evacuation procedures
and employees, including individuals and railroad employees, including for passengers and over-
with disabilities and the elderly. individuals with disabilities and the the-road bus employees,
elderly. including individuals with
disabilities and the
elderly.
(6) Training related to behavioral and (6) Psychology, behavior, and methods of (6) Psychology, behavior,
psychological understanding of, and terrorists, including observation and and methods of terrorists,
responses to, terrorist incidents, analysis. including observation and
including the ability to cope with analysis.
hijacker behavior, and passenger
responses.
(7) Live situational training exercises (7) Training related to psychological (7) Training related to
regarding various threat conditions, responses to terrorist incidents, psychological responses to
including tunnel evacuation procedures. including the ability to cope with terrorist incidents,
hijacker behavior and passenger including the ability to
responses. cope with hijacker
behavior and passenger
responses.
(8) Recognition and reporting of (8) Live situational training exercises (8) Live situational
dangerous substances and suspicious regarding various threat conditions, training exercises
packages, persons, and situations. including tunnel evacuation procedures. regarding various threat
conditions, including
tunnel evacuation
procedures.
(9) Understanding security incident (9) Recognition and reporting of (9) Recognition and
procedures, including procedures for dangerous substances, suspicious reporting of dangerous
communicating with governmental and non- packages, and situations. substances, suspicious
governmental emergency response packages, and situations.
providers and for on scene interaction
with such emergency response providers.
(10) Operation and maintenance of (10) Understanding security incident (10) Understanding security
security equipment and systems. procedures, including procedures for incident procedures,
communicating with governmental and non- including procedures for
governmental emergency response communicating with
providers and for on scene interaction emergency response
with such emergency response providers. providers and for on scene
interaction with such
emergency response
providers.
(11) Other security training activities (11) Operation and maintenance of (11) Operation and
that the Secretary deems appropriate. security equipment and systems. maintenance of security
equipment and systems.
(12) Other security training activities (12) Other security
that the Secretary deems appropriate. training activities that
the Secretary deems
appropriate.
----------------------------------------------------------------------------------------------------------------
Table 2 identifies the frontline employees who, at a minimum, must
be trained pursuant to security training programs developed to meet the
requirements of the 9/11 Act. Some flexibility is allowed for the
training program to make adjustments as necessary based upon the work
performed by the employee. For example, a dispatcher's training would
likely have more focus on the appropriate protocols for sharing
[[Page 35948]]
information during an emergency while a maintenance-of-way worker may
have more training on identifying potential threats.
Table 2--Frontline Employees Identified in the 9/11 Act
------------------------------------------------------------------------
Sec. 1402(4)--Public Sec. 1501(6)--
transportation frontline Sec. 1501(5)--OTRB Railroad frontline
employees frontline employees employees
------------------------------------------------------------------------
Transit vehicle driver or Drivers............. Locomotive
operator. engineers,
conductors,
trainmen, and other
onboard employees.
Maintenance and maintenance Maintenance and Maintenance,
support employee. maintenance support maintenance support
personnel. personnel, and
bridge tenders.
Dispatcher.................. Dispatchers......... Dispatchers.
Security employee, or Security personnel.. Security personnel.
transit police.
Station attendant, customer Ticket agents [and] Locomotive
service employee, and any other terminal engineers,
other employee who has employees. conductors, and
direct contact with riders other onboard
on a regular basis. employees.
Any other employee of a Other employees of Any other employees
public transportation an over-the-road of railroad
agency that the Secretary bus operator or carriers that the
determines should receive terminal owner or Secretary
security training. operator that the determines should
Secretary receive security
determines should training.
receive security
training.
------------------------------------------------------------------------
Relation to Other Training Programs
The 9/11 Act includes requirements for TSA to consider ``any
current security training requirements or best practices'' before
issuing security training regulations.\3\ TSA is aware that many public
transportation agencies, railroads, and OTRB owner/operators have
implemented training that may satisfy some of the required security
training program elements outlined above. The impetus for development
of this training may include requirements of other Federal regulations;
pursuant to a grant, using materials developed and/or approved by TSA;
in anticipation of this rulemaking; voluntarily; or as a best practice.
A range of courses--including those sponsored by TSA and other Federal
agencies such as Federal Transit Administration (FTA), the Federal
Railroad Administration (FRA), Federal Motor Carriers Safety
Administration (FMCSA), the Federal Emergency Management Agency (FEMA)
and the Pipeline and Hazardous Materials Safety Administration
(PHMSA)--may provide a means for covered entities to coordinate
training for their employees in many of the elements stipulated in the
9/11 Act.
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\3\ See 9/11 Act secs. 1517(a) and 1534(a).
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For example, TSA is aware of security training programs that mass
transit and passenger rail agencies have implemented through courses
sponsored by FTA, TSA, FRA and FEMA. Some of this information has been
obtained by TSA as part of an ongoing effort under the Mass Transit
Security Grant Program (TSGP) to develop a user-friendly matrix on
training at basic and follow-on levels for particular categories of
transit employees. In the past, as part of the TSGP, DHS has provided
information to eligible agencies on training that would be pre-approved
for use of grant funds in order to help in developing grant
applications. TSA is also aware that many agencies have used funds
provided under the TSGP to obtain third-party training.
There are also programs that have been developed to support testing
effectiveness of response capabilities, such as the National Exercise
Program managed by the Federal Emergency Management Agency (FEMA),
exercises and drills funded through the TSGP, and the Intermodal
Security Training and Exercise Program (I-STEP), both administered by
TSA.\4\ Some of these courses are identified in the example for a
security training matrix posted in the docket for this rulemaking (the
purpose of this example is discussed below).
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\4\ In FY 2008 and FY 2009, the TSGP included a Freight Rail
Security Grant Program (FRSGP) that focused on activities designed
to strengthen the nation's critical freight rail infrastructure
against risks associated with potential terrorist attacks. In FY
2009, the program awarded approximately $1.4 million for training
projects.
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Similarly, under the Intercity Bus Security Grant Program (IBSGP),
which has funded security grants to ``eligible private operators
providing transportation by an over-the-road bus,'' TSA has managed
Operation Secure Transport (OST). Operation Secure Transport is a
training resource made available to train industry employees. Use of
this training is voluntary. This training includes a curriculum
intended to develop the ability of bus employees to recognize security
threats and respond appropriately to security incidents. Under other
grant programs, TSA has funded development of the First Observer\TM\
program, which includes training modules for OTRB drivers on the need
to be aware and vigilant for activities that could lead to terrorist
incidents, such as how terrorists operate and how drivers and others
can sharpen their powers of observation and be involved in preventing
terrorism.
Request for Comments
TSA is requesting public comment and data to assist TSA in
determining the current baseline of training that could meet some of
the security training program elements outlined above. In particular,
TSA is interested in receiving more data from owner/operators who are
currently providing security or related safety training to their
employees. While TSA has gathered significant information in these
areas as part of its rulemaking efforts, there are some areas where it
would be helpful to validate cost elements and ensure our understanding
of the existing baseline is current. The questions asked seek
information to close these gaps.
Commenters are asked to provide as much information as possible. In
some areas, very specific information is being requested. TSA
recognizes that providing detailed on every question could be
burdensome. All information received will be considered, regardless of
whether it is complete, and it is very much appreciated.
General information. Providing information on the nature of the
business operation of the person commenting will help TSA more fully
appreciate the information provided. Please include in your comments
information regarding the nature and size of the business for which the
other information is being provided. In addition, we would appreciate
receiving information about how training is normally delivered, for
example, through instructor-led training sessions,
[[Page 35949]]
web-based training, or other. Failure to provide this information will
not preclude the agency's full consideration of the comment.
Request to complete training matrix. To assist commenters, TSA has
provided tables in the docket for this rulemaking that identify the
requirements of the 9/11 Act. TSA is asking commenters to complete the
table and submit it to TSA. An example is provided, using courses known
to be provided through the TSGP, I-STEP and other programs previously
identified. If the training is being provided to comply with a Federal
or state requirement, please identify the source of that requirement.
Request to respond to specific questions. In addition, TSA is
asking owner/operators of one of the modes of transportation that fall
within the categories identified in the 9/11 Act (freight railroads,
public transportation systems, passenger railroads, over-the-road
buses) to respond to the following questions to help us identify the
baseline and potential costs for the proposed rule. When providing
comments, please explain the basis and reasoning underlying your
comment. Please provide citations and copies of any relevant studies or
reports on which you rely as well as any additional data which supports
your comment.
1. The 9/11 Act focuses the security training program requirements
on ``frontline'' employees. For the relevant business operation, or
component of a larger entity, that would be required to have a security
training program, what percentage of total employees are frontline
employees as identified in Table 2? Please include in the total all
frontline employees, including those employed through a contractor. If
the total includes personnel employed through a contractor, please
identify what percentage they are of the total.
1.1. Do you provide security awareness training to frontline
employees (see Table 1 for a description of the elements of security
awareness training and see Table 2 for an identification of frontline
employees), either through a formal security awareness training
program, or through some other type of employee training or exercise?
If so, please briefly describe. How long have you provided this
training? Did you change the training provided after passage of the 9/
11 Act? Please provide the number of hours, per employee and overall,
in preparing, attending, and implementing these training elements.
1.2. Are there certain types of frontline employees that currently
do not participate in your company's training programs? If so, please
indicate which types of employees (from Table 2) do not currently
participate. Similarly, if you provide training on some of the elements
listed in Table 1 to frontline employees, please describe which
training elements and the types of employees who receive the training.
1.3. Do your frontline employees employed through a contractor
receive the same training as other frontline employees? If not, please
explain why.
1.4. What is the current cost per employee for your security
awareness training? If you do not provide training on all of the
elements listed in Table 1 to all frontline employees, please describe
in as much detail as possible the projected additional cost to your
organization of providing training on the Table 1 elements to all
frontline employees. When providing an estimate for the projected
additional costs, please include the assumptions you are using.
1.5. What is the curriculum delivery method used for your security
awareness training (for example, instructor-led in classroom, computer-
based, self-study, training exercises, a combination of those methods)?
1.6. What, if any, is the refresher training cycle for the training
elements outlined above (for example, annual, biennial, triennial)?
1.7. Rounded up to the nearest hour, what is the amount of time
spent in training related to the security elements in Table 1, per
employee? (Please indicate whether this includes travel time and, if
so, please provide any available data on how much.) Does this time
frame differ based on the employment type or classification of the
trainee? If so, please provide more detail on how your company
determines the appropriate level of training.
1.8. To the extent, either at the corporate headquarters or
subsidiary level, you have received federal grant funding for the
development, production, or delivery of security awareness training,
please indicate whether it was for developing specific training,
training specific employees, or both. In other words, please indicate
how the funding was allocated. In the absence of grant funding, would
you have instituted this training?
2. Does your organization conduct operational or ``live'' exercises
to test security training? To the extent possible, please provide
information regarding the exercise program that reflects whether it is
a phased or multi-tiered program. For example, some exercise programs
have frequent spot checks with employees while performing their duties,
less frequent table-top exercises for managers, and only conduct
``live'' exercises involving emergency responders and other
stakeholders every few years. If you have such an exercise program, in
answering the questions, please provide as much of a cost breakdown as
possible to reflect costs associated with scope, frequency, and number
of participating employees.
2.1. What employee populations participate in these exercises?
2.2. What number of or percentage of frontline employees, as listed
in Table 2, participate in the exercises?
2.3. What is the frequency of the exercises?
2.4. How many management hours are involved in conducting security
exercises including development time and coordination with contractors?
2.5. TSA is aware that owner/operators sometimes contract with
private vendors for the planning, preparation, execution, and
evaluation of exercises. TSA assumes that the fees charged by vendors
will depend on the size and scope of the exercise, including the phases
of an exercise, travel expenses for contractors, and other incidental
charges. TSA requests informed comments related to contractor fees and
the scope of services provided.
2.6. What types of existing tools or resources provided by TSA have
you used that you think would help your company meet the requirements
of the 9/11 Act? (For example, the Intermodal Security Training and
Exercise Program (I-STEP) and First Observer\TM\.)
2.7. Do you change the curriculum or format of your training
programs based upon the results of these exercises? How do you evaluate
whether a change is needed?
3. Additional data needed from owner/operators of freight
railroads.
3.1. TSA derived a 4 percent annual railroad employee turnover rate
from the Railroad Retirement Board.\5\ Is this turnover rate a good
approximation of the turnover rate for the freight railroad industry?
If no, TSA requests comments on the freight railroad industry employee
turnover rate.
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\5\ Railroad Retirement Board, Twenty-Fifth Actuarial Valuation
of Assets and Liabilities Under the Railroad Retirement Acts as of
December 31, 2010 with Technical Supplement, at p. 91, tbl. S-34
(under the ``All Ages, Crude 100'' column). See https://www.rrb.gov/pdf/act/valuation.pdf.
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4. Additional data needed from owner/operators of public
transportation systems.
4.1. TSA obtained a 10.9 percent annual employee turnover rate for
public bus systems from a Transit Cooperative Research Program report
[[Page 35950]]
sponsored by the FTA.\6\ Is this turnover rate a good approximation of
the turnover rate for public transportation and passenger railroads? If
no, TSA requests comments on the public transportation and passenger
railroad employee turnover rate.
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\6\ Transportation Research Board, 2001, TCRP Synthesis 40, at
chpt. 5, p. 36. See https://onlinepubs.trb.org/Onlinepubs/tcrp/tsyn40.pdf.
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4.2. TSA obtained a 0.92 percent annual growth rate for public
transportation and passenger railroad employees from American Public
Transportation Association (APTA).\7\ Is this growth rate a good
approximation of the industry growth rate for the public transportation
and passenger railroad industry? If no, TSA requests comments on the
public transportation and passenger railroad industry growth rate.
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\7\ APTA, 2010 Public Transportation Fact Book, at page vii,
App. A: Historical Tables (tbl. 11: Operating Employees by Mode).
TSA used the CAGR formula to derive the annual growth rate using
1984-2008 data, netting out the trolley and paratransit employees.
CAGR = ((End value/start value)[caret](1/periods-1)-1). See https://www.apta.com/resources/statistics/Documents/FactBook/2010_Fact_Book_Appendix_A.pdf.
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5. Additional data needed from owner/operators of over-the-road
buses.
5.1. TSA obtained a 32.3 percent annual employee turnover rate for
the OTRB industry using the BLS JOLTS hires rates for transportation,
warehousing, and utilities worker.\8\ Is this turnover rate a good
approximation of the turnover rate for the OTRB industry? If no, TSA
requests comments on the OTRB industry turnover rate.
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\8\ Bureau of Labor Statistics, Jobs and Labor Turnover Survey,
Transportation, warehousing, and utilities workers, Hires Rate,
Annual Jan-Dec 2010 (Series ID JTU48009900HIR).
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5.2. TSA obtained a 1.77 percent annual industry growth rate for
OTRB carriers from the U.S. Census Bureau.\9\ Is this growth rate a
good approximation of the industry growth rate for the OTRB industry?
If no, TSA requests comments on the OTRB industry growth rate.
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\9\ U.S. Census Bureau, Economic Census 1997 & 2007. Number of
establishments for the following NAICS code industries included:
4859 Other transit & ground passenger transportation (2,555 &
3,136), 4855 Charter bus industry (1,531 & 1,300), 485113 Bus &
motor vehicle transit systems (542 & 933), 4852 Interurban & rural
bus transportation (407 & 562). TSA then applied the constant annual
growth rate formula: CAGR: ((End Value/Start Value)[caret](1/
(periods-1))-1. See https://www.census.gov/epcd/ec97/us/US000_48.HTM#N485 and https://factfinder2.census.gov/bkmk/table/1.0/en/ECN/
2007--US/48A1//naics~485113%7C4852%7C4855%7CALL-4859.
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5.3. TSA obtained a 1.99 percent annual employee growth rate from
the U.S. Census Bureau.\10\ Is this growth rate a good approximation of
the employee growth rate for the OTRB industry? If no, TSA requests
comments on the OTRB industry employee growth rate.
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\10\ U.S. Census Bureau, Economic Census, 1997 & 2007. Employee
data for the following NAICS codes included: 4859 (46,304 & 56,689),
4855 (31,483 & 31,343), 485113 (27,448 & 42,334), 4852 (19,900 &
17,690). CAGR = ((End Value/Start Value)[caret](1/(periods-1))-1).
See https://www.census.gov/epcd/ec97/us/US000_48.HTM#N485 and https://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-fds_name=EC0700A1&-_skip=100&-ds_name=EC0748I2&-_lang=en.
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Conclusion
As previously noted, TSA appreciates the information that
stakeholders have already provided during the consultation phase of
this rulemaking required by the 9/11 Act.\11\ We are also aware that a
great deal of focus has been placed on the issue of enhancing security
through training over the last decade. In finalizing a proposed rule,
TSA wants to ensure that we adequately reflect these efforts. Any
information that can be provided is appropriate and will be considered
by TSA.
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\11\ See secs. 1408(b), 1517(b), and 1534(b).
Dated: June 8, 2013.
John S. Pistole,
Administrator.
[FR Doc. 2013-14091 Filed 6-13-13; 8:45 am]
BILLING CODE 9110-05-P
