Security Training for Surface Transportation Employees, 25315-25317 [2020-08528]
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Federal Register / Vol. 85, No. 85 / Friday, May 1, 2020 / Rules and Regulations
both, pursuant to the rules and
information collection requirements
adopted by the Commission 2018 Report
and Order. Specifically, in the 2018
Report and Order, the Commission
revised section 96.32(b) of its rules to
allow Priority Access Licensees to
partition their licenses or disaggregate
their spectrum, and partially assign or
transfer their licenses, pursuant to
§ 1.950 of the Commission’s rules.
Because of the additional Priority
Access Licensees, additional
respondents may be filing FCC Form
603 for assignments or transfers of
control of licenses.
§ 96.32
Lists of Subjects in 47 CFR Part 96
Security Training for Surface
Transportation Employees
Citizens broadband radio service.
BILLING CODE 6712–01–P
DEPARTMENT OF HOMELAND
SECURITY
Transportation Security Administration
49 CFR Part 1570
[Docket No. TSA–2015–0001]
RIN 1652–AA55
Transportation Security
Administration, DHS.
ACTION: Final rule, delay of effective
date.
Final Rules
This rule delays the effective
date of the final rule entitled, ‘‘Security
Training for Surface Transportation
Employees’’ from June 22, 2020, until
September 21, 2020. TSA has concluded
that many owner/operators within the
regulated community may be unable to
meet deadlines in the rule because of
actions taken at various levels of
government to address the COVID–19
crisis. TSA is, therefore, extending the
effective date of the rule and related
compliance deadlines.
DATES: The effective date of the Security
Training for Surface Transportation
Employees final rule published at 85 FR
16456 is delayed until September 21,
2020. The revisions to part 1570 in this
rule are effective September 21, 2020.
FOR FURTHER INFORMATION CONTACT:
Harry Schultz (TSA; Policy, Plans, and
SUMMARY:
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 90 as
follows.
PART 96—CITIZENS BROADBAND
RADIO SERVICE
1. The authority citation for part 96
continues to read as follows:
■
Authority: 47 U.S.C. 154(i), 303, and 307.
[Amended]
2. Amend § 96.23 by removing
paragraph (d).
■
§ 96.25
[FR Doc. 2020–07582 Filed 4–30–20; 8:45 am]
AGENCY:
Federal Communications Commission.
Cecilia Sigmund,
Federal Register Liaison Officer.
§ 96.23
[Amended]
4. Amend § 96.32 by removing
paragraph (d).
■
[Amended]
3. Amend § 96.25 by removing
paragraph (b)(5).
■
25315
Engagement, Surface Division) or David
Kasminoff (TSA, Senior Counsel;
Regulations and Security Standards;
Office of Chief Counsel) by telephone at
(571) 227–5563 or email to
SecurityTrainingPolicy@tsa.dhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On March 23, 2020, TSA published
the final rule, ‘‘Security Training for
Surface Transportation Employees.’’ 1
The regulation requires owner/operators
of higher-risk freight railroad carriers,
public transportation agencies
(including rail mass transit and bus
systems), passenger railroad carriers,
and over-the-road bus companies, to
provide TSA-approved security training
to employees performing securitysensitive functions. As originally
published, that final rule was scheduled
to take effect on June 22, 2020, with the
first compliance deadline set for July 22,
2020.2
II. Delayed Effective Date
Before and since publication, TSA has
observed the growing nationwide
impact of the spread of the novel
coronavirus that causes COVID–19,
including the impact of actions taken at
various levels of government to slow its
spread.3 Some of these actions have
affected the operations and staffing of
many of the owner/operators affected by
the final rule. In recognition of the
potential impact of COVID–19 measures
and related strain on resources, TSA is
delaying the effective date for
requirements in the rule.
The following table identifies the
revised effective date and the impact of
this change on compliance dates tied to
the effective date.
SUMMARY OF EXTENDED DEADLINES FOR COMPLIANCE
[IN ORDER OF DEADLINE]
Final Rule
Effective date of rule ...............................................................................
Deadline for notifying TSA of applicability determination (1570.105) .....
Deadline for providing security coordinator information (49 CFR
1570.201).
Deadline for submission of security training program to TSA for approval (1570.109(b)).
1 85
FR 16456.
e.g., 85 FR at 16469.
3 On January 31, 2020, the Secretary of the
Department of Health and Human Services declared
a nationwide ‘‘public health emergency’’ under
section 319 of the Public Health Service Act, 42
U.S.C. 274d, as a result of confirmed cases of
COVID–19. See HHS, ‘‘Determination that a Public
Health Emergency Exists,’’ https://www.phe.gov/
emergency/news/healthactions/phe/Pages/20192 See,
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June 22, 2020 ................................
July 22, 2020 .................................
July 29, 2020 .................................
September 21, 2020.
October 21, 2020.
October 28, 2020.
September 20, 2020 ......................
December 21, 2020.
nCoV.aspx. On March 11, 2020, the World Health
Organization announced that the COVID–19
outbreak can be characterized as a pandemic. On
March 13, 2020, the President determined that the
ongoing COVID–19 pandemic is of sufficient
severity and magnitude to warrant an emergency
determination under section 501(b) of the Robert T.
Stafford Disaster Relief and Emergency Assistance
Act, 42 U.S.C. 5121–5207. In addition, on March 13,
2020, the President declared a national emergency
PO 00000
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Extension
Sfmt 4700
under sections 201 and 301 of the National
Emergencies Act, 50 U.S.C. 1601 et seq. See
Proclamation 9994 of Mar. 13, 2020 on Declaring a
National Emergency Concerning the Novel
Coronavirus Disease (COVID–19) Outbreak, 85 FR
15337 (Mar. 18, 2020). State and local jurisdictions
throughout the United States are engaged in various
social distancing practices, which frequently entail
closing non-essential business and government
services and avoiding crowds.
E:\FR\FM\01MYR1.SGM
01MYR1
25316
Federal Register / Vol. 85, No. 85 / Friday, May 1, 2020 / Rules and Regulations
In addition to extending the effective
date, this document also makes
corresponding amendments to the final
rule. Finally, this rule corrects
paragraph (g) of 49 CFR 1570.109 to be
paragraph (d).
III. Regulatory Analysis
A. Administrative Procedure Act
TSA takes this action without prior
notice and public comment. Sections
553(b) and (d) of the Administrative
Procedure Act (5 U.S.C. 553) authorize
agencies to dispense with certain
rulemaking procedures when they find
good cause to do so. Under section
553(b), the requirements of notice and
opportunity to comment do not apply
when the agency for good cause finds
that these procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Section 553(d)
allows an agency, upon finding good
cause, to make a rule effective
immediately, thereby avoiding the 30day delayed effective date requirement
in section 553.
This final rule recognizes the need to
extend the effective date of the Security
Training for Surface Transportation
Employees final rule in light of the
significant disruption and uncertainty
in both private and government
operations caused by the COVID–19
pandemic. The compliance dates for
this rule require action in the near term
by owner/operators at a time when they
are shifting resources or eliminating
operations to respond to exigent
circumstances created by the COVID–19
pandemic. The owner/operators subject
to the requirements of the final rule
need immediate certainty regarding the
effective date of the rule so that they
may focus on other issues affecting their
operations.
TSA has good cause to delay the
rule’s effective date without advance
notice and comment.4 To delay taking
this action while waiting for public
comment would be impracticable and
contrary to the public interest.
B. Paperwork Reduction Act
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
C. Executive Orders 12866 and 13563
Assessment
This rule does not constitute a
‘‘significant regulatory action’’ under
Executive Order 12866, as
supplemented by Executive Order
13563, and therefore has not been
reviewed by the Office of Management
and Budget (OMB). Executive Order
12866 defines ‘‘significant regulatory
action’’ as one that is likely to result in
a rule that may (1) have an annual effect
on the economy of $100 million or more
or adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
state, local, or Tribal governments or
communities; (2) create a serious
inconsistency or otherwise interfere
with an action taken or planned by
another agency; (3) materially alter the
budgetary impact of entitlements,
grants, user fees, or loan programs or the
rights or obligations of recipients
thereof; or (4) raise novel legal or policy
issues arising out of legal mandates, the
President’s priorities, or the principles
set forth in the Executive Order.
D. Regulatory Flexibility Act Assessment
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended by
the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub.
L. 104–121), requires Federal agencies
to consider the potential impact of
regulations on small businesses, small
government jurisdictions, and small
organizations during the development of
their rules. This final rule, however,
makes changes for which notice and
comment are not necessary.
Accordingly, DHS is not required to
prepare a regulatory flexibility
analysis.5
E. Executive Order 12132 (Federalism)
A rule has federalism implications
under Executive Order 13132 if it has a
substantial direct effect on State
governments, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. DHS has
analyzed this rule under that Order and
has determined that although this rule
affects the states, it does not impose
substantial direct compliance costs or
preempt State law.6 The rule relieves
burdens on States.
F. Unfunded Mandates Assessment
The Unfunded Mandates Reform Act
of 1995 requires Federal agencies to
assess the effects of their discretionary
regulatory actions. In particular, the
Unfunded Mandates Reform Act
addresses actions that may result in the
expenditure by a State, local, or Tribal
government, in the aggregate, or by the
private section of $100 million (adjusted
for inflation) or more in any one year.
5 See
4 See
5 U.S.C. 553(b)(B).
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08:05 May 01, 2020
6 See
Jkt 250001
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5 U.S.C. 603, 604.
E.O. 13132, sec. 6.
Frm 00036
Fmt 4700
Sfmt 4700
This final rule will not result in such an
expenditure.
G. Environment
TSA has reviewed this rulemaking for
purposes of the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C.
4321–4347) and has determined that
this action will not have a significant
effect on the human environment. This
action is covered by categorical
exclusion (CATEX) number A3(e) in
DHS Management Directive 023–01
(formerly Management Directive
5100.1), Environmental Planning
Program, which guides TSA compliance
with NEPA.
List of Subjects in 49 CFR Part 1570
Commuter bus systems, Crime, Fraud,
Hazardous materials transportation,
Motor carriers, Over-the-Road bus
safety, Over-the-Road buses, Public
transportation, Public transportation
safety, Rail hazardous materials
receivers, Rail hazardous materials
shippers, Rail transit systems, Railroad
carriers, Railroad safety, Railroads,
Reporting and recordkeeping
requirements, Security measures,
Transportation facility, Transportation
Security-Sensitive Materials.
The Amendments
For the reasons stated in the
preamble, the Transportation Security
Administration is amending 1570 of
chapter XII, title 49, Code of Federal
Regulations as follows:
PART 1570—GENERAL RULES
1. The authority citation for part 1570
continues to read as follows:
■
Authority: 18 U.S.C. 842, 845; 46 U.S.C.
70105; 49 U.S.C. 114, 5103a, 40113, and
46105; Pub. L. 108–90 (117 Stat. 1156, Oct.
1, 2003), sec. 520 (6 U.S.C. 469), as amended
by Pub. L. 110–329 (122 Stat. 3689, Sept. 30,
2008) sec. 543 (6 U.S.C. 469); Pub. L. 110–
53 (121 Stat. 266, Aug. 3, 2007) secs. 1402
(6 U.S.C. 1131), 1405 (6 U.S.C. 1134), 1408
(6 U.S.C. 1137), 1413 (6 U.S.C. 1142), 1414
(6 U.S.C. 1143), 1501 (6 U.S.C. 1151), 1512
(6 U.S.C. 1162), 1517 (6 U.S.C. 1167), 1522
(6 U.S.C. 1170), 1531 (6 U.S.C. 1181), and
1534 (6 U.S.C. 1184).
2. Revise § 1570.105 to read as
follows:
■
§ 1570.105 Responsibility for
determinations.
(a) Higher-risk operations. While TSA
has determined the criteria for
applicability of the requirements in
subpart B to 49 CFR parts 1580, 1582,
and 1584 based on risk-assessments for
freight railroad, public transportation
system, passenger railroad, or over-theroad (OTRB) owner/operators are
E:\FR\FM\01MYR1.SGM
01MYR1
Federal Register / Vol. 85, No. 85 / Friday, May 1, 2020 / Rules and Regulations
required to determine if the
applicability criteria identified in
subpart B to parts 1580, 1582, and 1584
apply to their operations. Owner/
operators are required to notify TSA of
applicability by October 21, 2020.
(b) New or modified operations. If an
owner/operator commences new
operations or modifies existing
operations after September 21, 2020,
that person is responsible for
determining whether the new or
modified operations would meet the
applicability criteria in subpart B to 49
CFR parts 1580, 1582, or 1584, and must
notify TSA no later than 90 calendar
days before commencing operations or
implementing modifications.
■ 3. Amend § 1570.109 by:
■ a. Revising paragraphs (b)(1) and (2);
■ b. Redesignating paragraph (g) as
paragraph (d); and
■ c. Revising newly redesignated
paragraph (d).
The revisions read as follows:
§ 1570.109
Submission and approval.
*
*
*
*
*
(b) * * *
(1) Submit its program to TSA for
approval no later than December 21,
2020.
(2) If commencing or modifying
operations so as to be subject to the
requirements of subpart B to 49 CFR
parts 1580, 1582, or 1584 after
September 21, 2020, submit a training
program to TSA no later than 90
calendar days before commencing new
or modified operations.
*
*
*
*
*
(d) Petition for Reconsideration.
Within 30 days of receiving the notice
to modify, the owner/operator may file
a petition for reconsideration under
§ 1570.119 of this part.
■ 5. Amend § 1570.201, by revising
paragraph (e) to read as follows:
§ 1570.201
Security Coordinator.
*
*
*
*
*
(e) Each owner/operator required to
have a Security Coordinator must
provide in writing to TSA the names,
U.S. citizenship status, titles, phone
number(s), and email address(es) of the
Security Coordinator and alternate
Security Coordinator(s) by October 28,
2020, commencement of operations, or
change in any of the information
required by this section.
*
*
*
*
*
Date: April 17, 2020.
David P. Pekoske,
Administrator.
[FR Doc. 2020–08528 Filed 4–30–20; 8:45 am]
BILLING CODE 9110–05–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 200427–0121]
RIN 0648–BJ39
Pacific Halibut Fisheries; Catch
Sharing Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This final rule implements
the Pacific Halibut Catch Sharing Plan
for the International Pacific Halibut
Commission’s regulatory Area 2A off
Washington, Oregon, and California. In
addition, this final rule implements
management measures that are not
implemented through the International
Pacific Halibut Commission. These
measures include the recreational
fishery seasons and allocations, and
other management measures for Area
2A, including some season dates that
are different than proposed. This rule
also announces that it may be necessary
to further modify the opening dates or
other fishing days for some subareas
shortly after the publication of this final
rule, in response to changes in state
measures related to the spread of
COVID–19. These actions are intended
to conserve Pacific halibut and provide
angler opportunity where available.
DATES: This rule is effective on April 30,
2020.
ADDRESSES: Additional information
regarding this action may be obtained by
SUMMARY:
25317
contacting the Sustainable Fisheries
Division, NMFS West Coast Region,
1201 NE Lloyd Boulevard, Suite 1100,
Portland, OR 97232. For information
regarding all halibut fisheries and
general regulations not contained in this
rule, contact the International Pacific
Halibut Commission, 2320 W.
Commodore Way, Suite 300, Seattle,
WA 98199–1287. Electronic copies of
the Regulatory Impact Review (RIR) and
Final Regulatory Flexibility Analysis
(FRFA) prepared for this action may be
obtained by contacting Kathryn Blair,
phone: 503–231–6858, email:
kathryn.blair@noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Kathryn Blair, phone: 503–231–6858,
fax: 503–231–6893, or email:
kathryn.blair@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
The Northern Pacific Halibut Act
(Halibut Act) of 1982 gives the Secretary
of Commerce (Secretary) responsibility
for implementing the provisions of the
Halibut Convention between the United
States and Canada. 16 U.S.C. 773–773k.
The Halibut Act requires that the
Secretary adopt regulations to carry out
the purposes and objectives of the
Halibut Convention and Halibut Act 16
U.S.C. 773(c). The Halibut Act also
authorizes the regional fishery
management councils to develop
regulations in addition to, but not in
conflict with, regulations of the
International Pacific Halibut
Commission (IPHC) to govern the
Pacific halibut catch in their
corresponding U.S. Convention waters
(16 U.S.C. 773c(c)).
At its annual meeting in February
2020, the IPHC recommended an Area
2A catch limit of 1,500,000 pounds (lb)
(680.4 metric tons (mt)) for 2020. This
catch limit is derived from the total
constant exploitation yield (TCEY) of
1,650,000 lb (748.4 mt), which includes
commercial discards and bycatch
estimates calculated using a formula
developed by the IPHC. The table below
shows the fishery and subarea
allocations resulting from the
framework described in the 2020 Area
2A Catch Sharing Plan.
TABLE 1—AREA 2A CATCH LIMIT AND FISHERY SUBAREA ALLOCATIONS FOR 2020
Pounds
Area 2A TCEY .........................................................................................................................................................
Area 2A Catch Limit ................................................................................................................................................
Tribal commercial fishery .........................................................................................................................................
Incidental commercial catch during sablefish fishery ..............................................................................................
Non-tribal directed commercial fishery ....................................................................................................................
Incidental commercial catch during salmon troll fishery .........................................................................................
Washington recreational fishery—Puget Sound ......................................................................................................
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01MYR1
1,650,000
1,500,000
492,800
70,000
254,426
44,899
77,550
Metric tons
748.4
680.4
223.5
31.8
115.4
20.4
35.2
]]>Agencies
[Federal Register Volume 85, Number 85 (Friday, May 1, 2020)]
[Rules and Regulations]
[Pages 25315-25317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08528]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
49 CFR Part 1570
[Docket No. TSA-2015-0001]
RIN 1652-AA55
Security Training for Surface Transportation Employees
AGENCY: Transportation Security Administration, DHS.
ACTION: Final rule, delay of effective date.
-----------------------------------------------------------------------
SUMMARY: This rule delays the effective date of the final rule
entitled, ``Security Training for Surface Transportation Employees''
from June 22, 2020, until September 21, 2020. TSA has concluded that
many owner/operators within the regulated community may be unable to
meet deadlines in the rule because of actions taken at various levels
of government to address the COVID-19 crisis. TSA is, therefore,
extending the effective date of the rule and related compliance
deadlines.
DATES: The effective date of the Security Training for Surface
Transportation Employees final rule published at 85 FR 16456 is delayed
until September 21, 2020. The revisions to part 1570 in this rule are
effective September 21, 2020.
FOR FURTHER INFORMATION CONTACT: Harry Schultz (TSA; Policy, Plans, and
Engagement, Surface Division) or David Kasminoff (TSA, Senior Counsel;
Regulations and Security Standards; Office of Chief Counsel) by
telephone at (571) 227-5563 or email to
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On March 23, 2020, TSA published the final rule, ``Security
Training for Surface Transportation Employees.'' \1\ The regulation
requires owner/operators of higher-risk freight railroad carriers,
public transportation agencies (including rail mass transit and bus
systems), passenger railroad carriers, and over-the-road bus companies,
to provide TSA-approved security training to employees performing
security-sensitive functions. As originally published, that final rule
was scheduled to take effect on June 22, 2020, with the first
compliance deadline set for July 22, 2020.\2\
---------------------------------------------------------------------------
\1\ 85 FR 16456.
\2\ See, e.g., 85 FR at 16469.
---------------------------------------------------------------------------
II. Delayed Effective Date
Before and since publication, TSA has observed the growing
nationwide impact of the spread of the novel coronavirus that causes
COVID-19, including the impact of actions taken at various levels of
government to slow its spread.\3\ Some of these actions have affected
the operations and staffing of many of the owner/operators affected by
the final rule. In recognition of the potential impact of COVID-19
measures and related strain on resources, TSA is delaying the effective
date for requirements in the rule.
---------------------------------------------------------------------------
\3\ On January 31, 2020, the Secretary of the Department of
Health and Human Services declared a nationwide ``public health
emergency'' under section 319 of the Public Health Service Act, 42
U.S.C. 274d, as a result of confirmed cases of COVID-19. See HHS,
``Determination that a Public Health Emergency Exists,'' https://www.phe.gov/emergency/news/healthactions/phe/Pages/2019-nCoV.aspx.
On March 11, 2020, the World Health Organization announced that the
COVID-19 outbreak can be characterized as a pandemic. On March 13,
2020, the President determined that the ongoing COVID-19 pandemic is
of sufficient severity and magnitude to warrant an emergency
determination under section 501(b) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5207.
In addition, on March 13, 2020, the President declared a national
emergency under sections 201 and 301 of the National Emergencies
Act, 50 U.S.C. 1601 et seq. See Proclamation 9994 of Mar. 13, 2020
on Declaring a National Emergency Concerning the Novel Coronavirus
Disease (COVID-19) Outbreak, 85 FR 15337 (Mar. 18, 2020). State and
local jurisdictions throughout the United States are engaged in
various social distancing practices, which frequently entail closing
non-essential business and government services and avoiding crowds.
---------------------------------------------------------------------------
The following table identifies the revised effective date and the
impact of this change on compliance dates tied to the effective date.
Summary of Extended Deadlines for Compliance
[IN ORDER OF DEADLINE]
------------------------------------------------------------------------
Final Rule Extension
------------------------------------------------------------------------
Effective date of rule.......... June 22, 2020..... September 21,
2020.
Deadline for notifying TSA of July 22, 2020..... October 21, 2020.
applicability determination
(1570.105).
Deadline for providing security July 29, 2020..... October 28, 2020.
coordinator information (49 CFR
1570.201).
Deadline for submission of September 20, 2020 December 21, 2020.
security training program to
TSA for approval (1570.109(b)).
------------------------------------------------------------------------
[[Page 25316]]
In addition to extending the effective date, this document also
makes corresponding amendments to the final rule. Finally, this rule
corrects paragraph (g) of 49 CFR 1570.109 to be paragraph (d).
III. Regulatory Analysis
A. Administrative Procedure Act
TSA takes this action without prior notice and public comment.
Sections 553(b) and (d) of the Administrative Procedure Act (5 U.S.C.
553) authorize agencies to dispense with certain rulemaking procedures
when they find good cause to do so. Under section 553(b), the
requirements of notice and opportunity to comment do not apply when the
agency for good cause finds that these procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' Section 553(d)
allows an agency, upon finding good cause, to make a rule effective
immediately, thereby avoiding the 30-day delayed effective date
requirement in section 553.
This final rule recognizes the need to extend the effective date of
the Security Training for Surface Transportation Employees final rule
in light of the significant disruption and uncertainty in both private
and government operations caused by the COVID-19 pandemic. The
compliance dates for this rule require action in the near term by
owner/operators at a time when they are shifting resources or
eliminating operations to respond to exigent circumstances created by
the COVID-19 pandemic. The owner/operators subject to the requirements
of the final rule need immediate certainty regarding the effective date
of the rule so that they may focus on other issues affecting their
operations.
TSA has good cause to delay the rule's effective date without
advance notice and comment.\4\ To delay taking this action while
waiting for public comment would be impracticable and contrary to the
public interest.
---------------------------------------------------------------------------
\4\ See 5 U.S.C. 553(b)(B).
---------------------------------------------------------------------------
B. Paperwork Reduction Act
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
C. Executive Orders 12866 and 13563 Assessment
This rule does not constitute a ``significant regulatory action''
under Executive Order 12866, as supplemented by Executive Order 13563,
and therefore has not been reviewed by the Office of Management and
Budget (OMB). Executive Order 12866 defines ``significant regulatory
action'' as one that is likely to result in a rule that may (1) have an
annual effect on the economy of $100 million or more or adversely
affect in a material way the economy, a sector of the economy,
productivity, competition, jobs, the environment, public health or
safety, or state, local, or Tribal governments or communities; (2)
create a serious inconsistency or otherwise interfere with an action
taken or planned by another agency; (3) materially alter the budgetary
impact of entitlements, grants, user fees, or loan programs or the
rights or obligations of recipients thereof; or (4) raise novel legal
or policy issues arising out of legal mandates, the President's
priorities, or the principles set forth in the Executive Order.
D. Regulatory Flexibility Act Assessment
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (Pub. L. 104-121), requires Federal agencies to consider the
potential impact of regulations on small businesses, small government
jurisdictions, and small organizations during the development of their
rules. This final rule, however, makes changes for which notice and
comment are not necessary. Accordingly, DHS is not required to prepare
a regulatory flexibility analysis.\5\
---------------------------------------------------------------------------
\5\ See 5 U.S.C. 603, 604.
---------------------------------------------------------------------------
E. Executive Order 12132 (Federalism)
A rule has federalism implications under Executive Order 13132 if
it has a substantial direct effect on State governments, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. DHS has analyzed this rule under that Order and has
determined that although this rule affects the states, it does not
impose substantial direct compliance costs or preempt State law.\6\ The
rule relieves burdens on States.
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\6\ See E.O. 13132, sec. 6.
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F. Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 requires Federal agencies
to assess the effects of their discretionary regulatory actions. In
particular, the Unfunded Mandates Reform Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private section of $100 million (adjusted for
inflation) or more in any one year. This final rule will not result in
such an expenditure.
G. Environment
TSA has reviewed this rulemaking for purposes of the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4347) and has
determined that this action will not have a significant effect on the
human environment. This action is covered by categorical exclusion
(CATEX) number A3(e) in DHS Management Directive 023-01 (formerly
Management Directive 5100.1), Environmental Planning Program, which
guides TSA compliance with NEPA.
List of Subjects in 49 CFR Part 1570
Commuter bus systems, Crime, Fraud, Hazardous materials
transportation, Motor carriers, Over-the-Road bus safety, Over-the-Road
buses, Public transportation, Public transportation safety, Rail
hazardous materials receivers, Rail hazardous materials shippers, Rail
transit systems, Railroad carriers, Railroad safety, Railroads,
Reporting and recordkeeping requirements, Security measures,
Transportation facility, Transportation Security-Sensitive Materials.
The Amendments
For the reasons stated in the preamble, the Transportation Security
Administration is amending 1570 of chapter XII, title 49, Code of
Federal Regulations as follows:
PART 1570--GENERAL RULES
0
1. The authority citation for part 1570 continues to read as follows:
Authority: 18 U.S.C. 842, 845; 46 U.S.C. 70105; 49 U.S.C. 114,
5103a, 40113, and 46105; Pub. L. 108-90 (117 Stat. 1156, Oct. 1,
2003), sec. 520 (6 U.S.C. 469), as amended by Pub. L. 110-329 (122
Stat. 3689, Sept. 30, 2008) sec. 543 (6 U.S.C. 469); Pub. L. 110-53
(121 Stat. 266, Aug. 3, 2007) secs. 1402 (6 U.S.C. 1131), 1405 (6
U.S.C. 1134), 1408 (6 U.S.C. 1137), 1413 (6 U.S.C. 1142), 1414 (6
U.S.C. 1143), 1501 (6 U.S.C. 1151), 1512 (6 U.S.C. 1162), 1517 (6
U.S.C. 1167), 1522 (6 U.S.C. 1170), 1531 (6 U.S.C. 1181), and 1534
(6 U.S.C. 1184).
0
2. Revise Sec. 1570.105 to read as follows:
Sec. 1570.105 Responsibility for determinations.
(a) Higher-risk operations. While TSA has determined the criteria
for applicability of the requirements in subpart B to 49 CFR parts
1580, 1582, and 1584 based on risk-assessments for freight railroad,
public transportation system, passenger railroad, or over-the-road
(OTRB) owner/operators are
[[Page 25317]]
required to determine if the applicability criteria identified in
subpart B to parts 1580, 1582, and 1584 apply to their operations.
Owner/operators are required to notify TSA of applicability by October
21, 2020.
(b) New or modified operations. If an owner/operator commences new
operations or modifies existing operations after September 21, 2020,
that person is responsible for determining whether the new or modified
operations would meet the applicability criteria in subpart B to 49 CFR
parts 1580, 1582, or 1584, and must notify TSA no later than 90
calendar days before commencing operations or implementing
modifications.
0
3. Amend Sec. 1570.109 by:
0
a. Revising paragraphs (b)(1) and (2);
0
b. Redesignating paragraph (g) as paragraph (d); and
0
c. Revising newly redesignated paragraph (d).
The revisions read as follows:
Sec. 1570.109 Submission and approval.
* * * * *
(b) * * *
(1) Submit its program to TSA for approval no later than December
21, 2020.
(2) If commencing or modifying operations so as to be subject to
the requirements of subpart B to 49 CFR parts 1580, 1582, or 1584 after
September 21, 2020, submit a training program to TSA no later than 90
calendar days before commencing new or modified operations.
* * * * *
(d) Petition for Reconsideration. Within 30 days of receiving the
notice to modify, the owner/operator may file a petition for
reconsideration under Sec. 1570.119 of this part.
0
5. Amend Sec. 1570.201, by revising paragraph (e) to read as follows:
Sec. 1570.201 Security Coordinator.
* * * * *
(e) Each owner/operator required to have a Security Coordinator
must provide in writing to TSA the names, U.S. citizenship status,
titles, phone number(s), and email address(es) of the Security
Coordinator and alternate Security Coordinator(s) by October 28, 2020,
commencement of operations, or change in any of the information
required by this section.
* * * * *
Date: April 17, 2020.
David P. Pekoske,
Administrator.
[FR Doc. 2020-08528 Filed 4-30-20; 8:45 am]
BILLING CODE 9110-05-P
