Security Training for Surface Transportation Employees; Extension of Compliance Dates; Correcting Amendments, 23629-23633 [2021-09394]
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Federal Register / Vol. 86, No. 84 / Tuesday, May 4, 2021 / Rules and Regulations
but constitute a single model for
purposes of the hearing aid
compatibility rules, identifying each
device by marketing model name/
number and FCC ID number;
(viii) Status of product labeling;
(ix) Outreach efforts; and
(x) If the manufacturer maintains a
public website, the website address of
the page(s) containing the information
regarding hearing aid-compatible
handset models required by paragraph
(h) of this section.
(4) Format. The Wireless
Telecommunications Bureau is
delegated authority to approve or
prescribe forms, formats, and methods
for submission of the reports and
certifications in addition to or instead of
those required by this section. Any
format that the Bureau may approve or
prescribe shall be made available on the
Bureau’s website.
*
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PART 68—CONNECTION OF
TERMINAL EQUIPMENT TO THE
TELEPHONE NETWORK
6. The authority citation for part 68
continues to read as follows:
Authority: 47 U.S.C. 154, 303, 610.
Subpart D—Conditions for Terminal
Equipment Approval
7. The authority citation for subpart D
is revised to read as follows:
■
Authority: 47 U.S.C. 154, 155, 303, 610.
8. Amend § 68.300 by revising
paragraph (b) to read as follows:
■
Labeling requirements.
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(b) All registered telephones,
including cordless telephones, as
defined in § 15.3(j) of this chapter,
manufactured in the United States
(other than for export) or imported for
use in the United States, that are hearing
aid compatible, as defined in § 68.316,
shall have the letters ‘‘HAC’’
permanently affixed thereto.
‘‘Permanently affixed’’ means that the
label is etched, engraved, stamped,
silkscreened, indelibly printed, or
otherwise permanently marked on a
permanently attached part of the
equipment or on a nameplate of metal,
plastic, or other material fastened to the
equipment by welding, riveting, or a
permanent adhesive. The label must be
designed to last the expected lifetime of
the equipment in the environment in
which the equipment may be operated
and must not be readily detachable.
Telephones used with public mobile
services or private radio services, and
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[FR Doc. 2021–08973 Filed 5–3–21; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF HOMELAND
SECURITY
Transportation Security Administration
49 CFR Parts 1570 and 1582
[Docket No. TSA–2015–0001]
RIN 1652–AA55
Security Training for Surface
Transportation Employees; Extension
of Compliance Dates; Correcting
Amendments
Transportation Security
Administration, DHS.
ACTION: Final rule.
AGENCY:
This action amends the
‘‘Security Training for Surface
Transportation Employees’’ (Security
Training) final rule (published March
23, 2020, and amended May 1, 2020,
and October 26, 2020) to extend the
compliance date by which a security
training program must be submitted to
TSA, and make minor technical
corrections. TSA is aware that many
owner/operators within the scope of this
rule’s applicability may be unable to
meet the compliance deadline for
submission of the required security
training programs to TSA for approval
because of the impact of COVID–19 as
well as actions taken at various levels of
government to address this public
health crisis. In response, TSA is
extending the compliance deadline for
submission of the required security
training program from March 22, 2021,
to no later than June 21, 2021. Should
TSA determine that an additional
extension of time is necessary based
upon the impact of the COVID–19
public health crisis, TSA will publish a
document in the Federal Register
announcing an updated compliance
date for this requirement.
DATES:
Effective Date: This rule is effective
May 4, 2021.
Compliance Dates: The compliance
dates for submission of security training
programs to TSA under § 1570.109(b) is
June 21, 2021 for existing operations
and September 21, 2021 for operations
that commence or modify operations to
become subject to the regulation after
June 21, 2021. The deadline for initial
security training under § 1570.111 is
SUMMARY:
■
§ 68.300
secure telephones, as defined by § 68.3,
are exempt from the requirement in this
paragraph (b).
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23629
extended for owner/operators that
submitted their security training
programs to TSA by the current
deadline of March 22, 2021. These
owner/operators will have an additional
90 days (15 months rather than 12
months) to complete initial training of
their security-sensitive employees.
FOR FURTHER INFORMATION CONTACT:
Victor Parker (TSA, Policy, Plans, and
Engagement, Surface Division) or David
Kasminoff (TSA, Office of Chief
Counsel, Regulations and Security
Standards) by telephone at (571) 227–
5563 or email to
SecurityTrainingPolicy@tsa.dhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
A. Security Training Final Rule and
Previous Amendments
TSA published the Security Training
Final Rule on March 23, 2020.1 This
rule requires owner/operators of higherrisk 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 published on March 23, 2020, TSA
scheduled the final rule to take effect on
June 22, 2020, with the first compliance
deadline set for July 22, 2020.2 On May
1, 2020, TSA delayed the effective date
of the final rule to September 21, 2020,
in recognition of the potential impact of
the COVID–19 public health crisis and
related strain on resources for owner/
operators required to comply with the
regulation.3 TSA revised all compliance
dates within the rule to reflect the new
effective date.4 On October 26, 2020,
TSA extended the compliance deadline
in 49 CFR 1570.109(b)(1) and (b)(2) for
submission of security training
programs from December 21, 2020, to
March 22, 2021.5
On February 19, 2021, Chairs of the
Rail Sector Coordinating Council
(SCC),6 Mass Transit SCC, Highway
1 85
FR 16456.
e.g., 85 FR at 16469.
3 85 FR 25315.
4 See id. for table of extended deadlines for
compliance.
5 85 FR 67681.
6 The Sector Coordinating Councils (SCCs) are
self-organized and self-governed councils that
enable critical infrastructure owners and operators,
their trade associations, and other industry
representatives to interact on a wide range of sectorspecific strategies, policies, and activities. The SCCs
coordinate and collaborate with sector-specific
agencies (SSAs) and related Government
Coordinating Councils (GCCs) to address the entire
range of critical infrastructure security and
resilience policies and efforts for that sector.
2 See,
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Motor Carrier SCC, and Short Line
Industry Lead for the Rail SCC sent a
letter to the Senior Official Performing
the Duties of the TSA Administrator
requesting a further 90-day delay in the
date by which regulated entities must
submit their security training program
to TSA. Their request was based on the
ongoing impact of the COVID–19 public
health crisis and the likelihood that the
development of the security training
program ‘‘rests with the same subject
matter leads that remain focused on
containing the spread of, and mitigating
risks posed by, the pandemic.’’ 7 For
example, many of the regulated entities
subject to the requirements of this rule
are also subject to the mask
requirements imposed pursuant to
Executive Order (E.O.) 13998 of January
21, 2021 (Promoting COVID–19 Safety
in Domestic and International Travel),8
as further directed and implemented
pursuant to the Secretary of Homeland
Security’s January 27, 2021,
Determination of a National Emergency
(Requiring Actions to Protect the Safety
of Americans Using and Employed by
the Transportation System),9 the Centers
for Disease Control and Prevention’s
Order,10 TSA’s security directive issued
under the authority of 49 U.S.C. 114,11
and additional actions taken by the
operating administrations of the
Department of Transportation.12
7 See Docket No. TSA–2015–0001–0050 at
Regulations.gov for Letter from Thomas Farmer of
the Association of American Railroads; Polly
Hanson of the American Public Transportation
Association; Chief Ronald Pavlik of the Washington
Metropolitan Area Transportation Authority;
Colonel (Ret.) Michael Licata, Academy Bus; and JR
Gelnar of the American Short Line and Regional
Railroad Association (dated Feb. 19, 2021), as
respective chairs of the SCCs referenced above.
8 Published at 86 FR 7205 (Jan. 26, 2021).
9 Acting Secretary David P. Pekoske,
Determination of a National Emergency Requiring
Actions to Protect the Safety of Americans Using
and Employed by the Transportation System (Jan.
27, 2021), available at https://www.dhs.gov/
publication/determination-national-emergencyrequiring-actions-protect-safety-americans-usingand (last visited Mar. 25, 2021).
10 See Centers for Disease Control and Prevention,
Order, Requirement for Persons To Wear Masks
While on Conveyances and at Transportation Hubs,
86 FR 8025 (Feb. 3, 2021).
11 See Security Directive 1582/84–21–01,
applicable to passenger railroads, intercity bus
services, and public transportation. TSA
simultaneously issued directives applicable to
airports, aircraft operators, and foreign air carriers.
All of these directives are available at: https://
www.tsa.gov/sd-and-ea.
12 See, e.g., Emergency Order No. 32, Notice No.1,
of the Federal Railroad Administration, Emergency
Order Requiring Face Mask Use in Railroad
Operations (dated Feb. 24, 2021), available at
https://railroads.dot.gov/sites/fra.dot.gov/files/
2021-02/Signed%20EO%2032
%20%28Face%20Masks%29%20%202.24.2021.pdf.
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B. Correcting Citation Errors
As published, the regulatory text in
the final rule contains several incorrect
references to other provisions in the
rule. First, TSA intended the
applicability of the reporting security
issues requirement in 49 CFR 1570.203
to align with the applicability of the
security coordinator requirement in
§ 1570.201. As noted in the preamble to
the final rule, TSA intended the scope
of the security coordinator and reporting
requirement to apply to all rail entities
covered by Rail Transportation Security
rule published in 2008,13 plus—
• ‘‘Any bus operations of a public
transportation owner/operator required
to provide security training under this
rule; and
• Any OTRB owner/operator required
to provide security training under this
rule.’’ 14
TSA’s intent is also reflected in the
Regulatory Impact Analysis (RIA) for the
final rule, which only included costs for
expanding the current requirement to
regulate bus-only transit agencies and
OTRB operations in the higher-risk
areas designated in the appendices to
parts 1582 and 1584.15 Notwithstanding
TSA’s clear intention, the final rule
incorrectly applies the reporting
requirement to, among other entities,
‘‘[e]ach owner/operator identified in
§ . . . 1582.1[.]’’ And § 1582.1, which
provides the scope for all of part 1582,
broadly includes ‘‘each public
transportation agency.’’ 16 To be
consistent with TSA’s intent, the
applicability of the requirement to
report significant security concerns
should mirror the applicability of the
requirement to have a security
coordinator under 49 CFR 1570.201.
While § 1570.201 also applies to ‘‘each
13 See
73 FR 72129 (Nov. 26, 2008).
85 FR at Table 2 and related discussion at
16465–66.
15 See Security Training Programs for Surface
Transportation Employees Final Regulatory Impact
Analysis at sections 3.2.4 (Cost of Implementing
Security Training for Surface Mode Employees/
PTPR Industry Costs/Incident Reporting Cost) and
3.3.4 (Cost of Implementing Security Training for
Surface Mode Employees/OTRB Industry Cost/
Incident Reporting Cost). The Final RIA is available
in the docket for this rulemaking at Regulations.gov
as TSA–2015–0001–0040.
16 The scope in 1582.1 includes: (1) Each
passenger railroad carrier; (2) each public
transportation agency; (3) each operator of a rail
transit system that is not operating on track that is
part of the general railroad system of transportation,
including heavy rail transit, light rail transit,
automated guideway, cable car, inclined plane,
funicular, and monorail systems; and (4) each
tourist, scenic, historic, and excursion rail owner/
operator, whether operating on or off the general
railroad system of transportation. The only
exemption from the scope is for certain ferry
systems that provide public transportation that are
already subject to other regulatory requirements.
14 See
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public transportation agency,’’ it excepts
from the requirement a public
transportation agency that ‘‘owns or
operates a bus-only operation’’ unless
‘‘the owner/operator is identified in
appendix A to part 1582 of this
subchapter or is otherwise notified by
TSA in writing a that a threat exists
concerning that operation.’’ TSA is
adding parallel language to § 1570.203,
to correct the technical error as it relates
to public transportation agencies.
Second, the applicability of 49 CFR
1582.101(c) addresses passenger
railroads that host freight railroads. As
noted in the preamble to the proposed
and final rules, TSA intends for
passenger railroads to be responsible for
ensuring security training requirements
are met when they are hosting a freight
railroad.17 The rule incorrectly cross
references to 49 CFR 1580.301. Part
1580, however, does not include a
§ 1580.301. The correct citation is to
§ 1580.101.
Third, § 1582.101(c) references
passenger railroads identified in
§ 1582.101(a)(1) and (a)(2). Again, these
subsections do not exist. The correct
citation is to § 1582.101(a) and (b). This
final rule correction replaces the
incorrect citations with the correct ones.
C. Compliance Deadline for Submission
of Security Training Programs
TSA recognizes the impact of COVID–
19 on our surface stakeholders and the
need to provide relief at a time when
many owner/operators are
simultaneously leveraging a range of
resources to address multiple
challenging circumstances, and
struggling financially and limiting
operations due to the effects of the
COVID–19 public health crisis. After
considering the current operational
environment and the purpose of this
regulation, TSA has decided to further
extend the compliance deadline in
§ 1570.109(b) for security program
submission from March 22, 2021, to
June 21, 2021.
This extension would provide the
industry with a total of 270 days of
relief for submission of security training
programs as compared to the original
deadline of September 20, 2020, and
extend the deadline for initial training
of all employees in security-sensitive
positions into the fall of 2022.18 Should
17 See 85 FR at 16460–16461 (Section II.A.4,
Impact on Certain Business Operations) and 16474
(Section VII.A.3, Stakeholder Consultation/
Comments on definition of ‘‘host railroad’’).
18 Under the rule, owner/operators have up to one
year (12 months) after their security training
program is approved by TSA to provide initial
training to all of their security-sensitive employees.
See § 1570.111. Once the proposed program is
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TSA determine that an additional
extension of time for submission of the
security training program is necessary
based upon the impact of the COVID–
19 public health crisis, TSA will
publish a document in the Federal
Register announcing an updated
compliance date for this requirement.
D. Extending Initial Training Deadline
for Certain Owner/Operators
Almost thirty percent of owner/
operators required to submit a training
program have already submitted them to
TSA. For those owner/operators that
submitted a training program to TSA for
approval by the current deadline (March
22, 2021), TSA is revising 49 CFR
1570.111(a) to ensure we do not
disadvantage these owner/operators
who were able to submit their programs,
but who may still be addressing the
operational issues related to COVID–19
that make compliance difficult—
particularly related to identifying and
training security-sensitive employees
during a time when employment may be
more fluid based on demand and the
impact of sick employees.
TSA has determined that in light of
the unprecedented circumstances
created by the COVID–19 pandemic,
past rule delays, and the additional
compliance date delay described above,
it is in the public interest to grant
owner/operators who submitted their
training programs to TSA by the March
2021 deadline an additional 90 days (15
months instead of 12 months) from the
date of TSA approval to complete the
initial training required by 49 CFR
1570.111. This modification will ensure
owner/operators who submitted their
training programs to TSA for approval
by the current deadline are treated
equitably compared to those who wait
until the extended deadline to submit
their programs. TSA is making certain
non-substantive changes to
§ 1570.111(a) as necessary to clearly
reflect this distinction and the
compliance deadlines for initial
training.
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E. Economic Relief Related to the
COVID–19 Pandemic
Under E.O. 14002 of January 22, 2021
(Economic Relief Related to the COVID–
19 Pandemic), federal agencies are
required to ‘‘identify actions they can
take within existing authorities to
address the current economic crisis
submitted to TSA, the agency has 60 days (2
months) to review and approve a security program,
with the ability to extend the review period and/
or require the owner/operator to modify the
program, which would stay the 60-day period.
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resulting from the pandemic.’’ 19
Agencies are further directed to
‘‘prioritize actions that provide the
greatest relief to individuals, families,
and small businesses; and to State,
local, Tribal, and territorial
governments.’’ 20
This action supports economic
recovery by delaying the impact of
TSA’s regulatory requirements as
applied to freight railroads responsible
for moving cargo across the country,
small businesses such as some OTRB
owner/operators, and the State and local
governments operating public
transportation systems. Delaying the
compliance dates described above will
allow these regulated entities to focus
on serving the needs of their customers
and the communities they serve,
ensuring the safety of their employees,
and implementing the federal
government’s requirements for masks to
be worn within the nation’s commercial
and public transportation systems.
IV. 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 compliance deadline for the
requirement in the Security Training
Final Rule that would be most difficult
for owner/operators to implement
during the current COVID–19 public
health crisis and the significant
disruption and uncertainty in both
private and local government operations
caused by this crisis. Specifically, TSA
is extending the period during which
owner/operators must develop a
security training program for their
employees and submit the program to
TSA for approval. Delaying this
requirement also effectively delays the
deadline for training employees.
TSA has good cause to delay the
compliance deadlines without advance
19 See E.O. 14002 at Sec. 2(a), published at 86 FR
7229 (Jan. 27, 2021).
20 Id. at Sec. 2b).
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notice and comment or a delayed
effective date.21 To delay taking this
action while waiting for public
comment would be impracticable and
contrary to the public interest. The
owner/operators subject to the
requirements of the final rule need
immediate certainty regarding the
deadlines of the final rule so that they
may focus on other urgent issues
affecting their operations.
Given that the rule does not impose
new requirements, provides regulatory
relief consistent with E.O. 14002 of
January 22, 2021, and otherwise only
involves technical corrections to an
existing regulation, TSA finds sufficient
good cause exists to dispense with an
opportunity for notice-and-comment
and the 30-day effective date
requirement. The rule will, therefore, be
effective immediately upon publication.
B. Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(PRA) 22 requires federal agencies to
consider the impact of paperwork and
other information collection burdens
imposed on the public and, under the
provisions of PRA section 3507(d),
obtain approval from the Office of
Management and Budget (OMB) for each
collection of information. OMB has
approved the collection of information
for the Security Training Final Rule
under OMB control number 1652–0066.
While this rule delays the timing of
submission, it does not modify the
collection burdens that OMB has
already approved.
C. Executive Orders 12866 and 13563
E.O. 12866 of September 30, 1993
(Regulatory Planning and Review) and
E.O. 13563 January 18, 2011 (Improving
Regulation and Regulatory Review)
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying costs and
benefits, reducing costs, harmonizing
rules, and promoting flexibility.
E.O. 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
21 See
22 See
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5 U.S.C. 553(b)(B), (d).
44 U.S.C. 3501 et seq.
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Submission and approval.
G. Environment
List of Subjects
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(b) * * *
(1) Submit its program to TSA for
approval no later than June 21, 2021.
(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 June 21,
2021, submit a training program to TSA
no later than 90 calendar days before
commencing new or modified
operations.
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■ 3. Amend § 1570.111 by revising
paragraph (a) to read as follows:
D. Regulatory Flexibility Act Assessment
49 CFR Part 1570
§ 1570.111
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.23
E. Executive Order 13132
A rule has federalism implications
under E.O. 13132 of August 4, 1999
(Federalism), 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 E.O. 13132 and
determined that although this rule
affects the States, it does not impose
substantial direct compliance costs or
preempt State law.24 The rule relieves
burdens on States.
F. Unfunded Mandates Assessment
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§ 1570.109
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 E.O. OMB
has not designated this rule a
‘‘significant regulatory action,’’ under
E.O. 12866. Accordingly, OMB has not
reviewed it.
The Unfunded Mandates Reform Act
of 1995 requires federal agencies to
assess the effects of their regulatory
actions. In particular, the Unfunded
Mandates Reform Act of 1995 addresses
actions that may result in the
expenditure by a State, local, or Tribal
government, in the aggregate, or by the
private sector of $100 million (adjusted
for inflation) or more in any one year.
This final rule will not result in such an
expenditure.
TSA has reviewed this rulemaking for
purposes of the National Environmental
Policy Act of 1969 (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
number A3(e) in DHS Management
Directive 023–01 (formerly Management
Directive 5100.1), Environmental
Planning Program, which guides TSA
compliance with the National
Environmental Policy Act of 1969.
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.
49 CFR Part 1582
Public transportation, Public
transportation safety, Railroad carriers,
Railroad safety, Railroads, Rail transit
systems, Reporting and recordkeeping
requirements, Security measures.
The Amendments and Corrections
For the reasons stated in the
preamble, the Transportation Security
Administration is amending and making
correcting amendments to 49 CFR parts
1570 and 1582 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).
Subpart B—Security Programs
2. Amend § 1570.109 by revising
paragraphs (b)(1) and (2) to read as
follows:
■
23 See
24 See
5 U.S.C. 603, 604.
E.O. 13132, sec. 6.
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Implementation schedules.
(a) Initial security training. Each
owner/operator required under parts
1580, 1582, or 1584 of this subchapter
to adopt and carry out a security
program must provide initial security
training to security-sensitive employees,
using the curriculum approved by TSA
and in compliance with the following
schedule.
(1) For security training programs
submitted to TSA for approval on or
before March 22, 2021, if the employee
is employed to perform a securitysensitive function on the date TSA
approves the program, then initial
training must be provided no later than
fifteen months after the date that TSA
approves the owner/operator’s security
training program.
(2) For security training programs
submitted to TSA for approval after
March 22, 2021, if the employee is
employed to perform a securitysensitive function on the date TSA
approves the program, then initial
training must be provided no later than
twelve months after the date that TSA
approves the owner/operator’s security
training program.
(3) If performance of a securitysensitive job function is initiated after
TSA approves the owner/operator’s
security training program, then initial
training must be provided no later than
60 calendar days after the employee first
performs the security-sensitive job
function.
(4) If the security-sensitive job
function is performed intermittently,
then no later than the 60th calendar day
of employment performing a securitysensitive function, aggregated over a
consecutive 12-month period.
*
*
*
*
*
■ 4. Amend § 1570.203 by revising
paragraph (a) to read as follows:
§ 1570.203
concerns.
Reporting significant security
(a)(1) Except as provided in paragraph
(a)(2) of this section, each owner/
E:\FR\FM\04MYR1.SGM
04MYR1
Federal Register / Vol. 86, No. 84 / Tuesday, May 4, 2021 / Rules and Regulations
operator identified in §§ 1580.1, 1582.1,
and 1584.101 of this subchapter must
report, within 24 hours of initial
discovery, any potential threats and
significant security concerns involving
transportation-related operations in the
United States or transportation to, from,
or within the United States as soon as
possible by the methods prescribed by
TSA.
(2) An owner/operator identified in
§ 1582.1(a)(2) of this subchapter (public
transportation agency) that owns or
operates a bus-only operation must only
comply with the requirements in this
section if the owner/operator is
identified in appendix A to part 1582 of
this subchapter or is notified by TSA in
writing that a threat exists concerning
that operation.
*
*
*
*
*
PART 1582—PUBLIC
TRANSPORTATION AND PASSENGER
RAILROAD SECURITY
5. The authority citation for part 1582
continues to read as follows:
■
Authority: 49 U.S.C. 114; Pub. L. 110–53
(121 Stat. 266, Aug. 3, 2007) secs. 1402 (6
U.S.C. 1131), 1405 (6 U.S.C. 1134), and 1408
(6 U.S.C. 1137).
Subpart B—Security Programs
6. Amend § 1582.101 by revising
paragraph (c) to read as follows:
■
§ 1582.101
Applicability.
*
*
*
*
*
(c) Each owner/operator described in
§ 1582.1(a)(1) through (3) that serves as
a host railroad to a freight operation
described in § 1580.101 of this
subchapter or to a passenger train
operation described in paragraph (a) or
(b) of this section.
Dated April 29, 2021.
Darby LaJoye,
Senior Official Performing the Duties of the
Administrator.
[FR Doc. 2021–09394 Filed 4–30–21; 4:15 pm]
khammond on DSKJM1Z7X2PROD with RULES
BILLING CODE 9110–05–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 210427–0092; RTID 0648–
XX069]
Fisheries of the Northeastern United
States; Atlantic Spiny Dogfish Fishery;
Revised 2021 and Projected 2022
Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues final revised
specifications for the 2021 Atlantic
spiny dogfish fishery, and projected
specifications for fishing year 2022,
based on the Mid-Atlantic Fishery
Management Council’s updated risk
policy, as recommended by the MidAtlantic and New England Fishery
Management Councils. This action is
necessary to establish allowable harvest
levels to prevent overfishing while
enabling optimum yield, using the best
scientific information available,
consistent with the Magnuson-Stevens
Fishery Conservation and Management
Act and the Spiny Dogfish Fishery
Management Plan. This rule also
informs the public of these revised
fishery specifications for the 2021
fishing year.
DATES: Effective on May 1, 2021.
ADDRESSES: The Mid-Atlantic Fishery
Management Council prepared a
Supplemental Information Report (SIR)
for these specifications that describes
the action and any changes from the
original environmental assessment (EA)
and analyses for this revised 2021 and
2022 specifications action. Copies of the
SIR, original EA, and other supporting
documents for this action, are available
upon request from Dr. Christopher M.
Moore, Executive Director, Mid-Atlantic
Fishery Management Council, Suite 201,
800 North State Street, Dover, DE 19901.
These documents are also accessible via
the internet at https://www.mafmc.org/
supporting-documents.
FOR FURTHER INFORMATION CONTACT:
Cynthia Ferrio, Fishery Policy Analyst,
(978) 281–9180.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The Mid-Atlantic Fishery
Management Council and the New
England Fishery Management Council
jointly manage the Atlantic Spiny
VerDate Sep<11>2014
16:02 May 03, 2021
Jkt 253001
PO 00000
Frm 00057
Fmt 4700
Sfmt 4700
23633
Dogfish Fishery Management Plan
(FMP), with the Mid-Atlantic Council
acting as the administrative lead.
Additionally, the Atlantic States Marine
Fisheries Commission manages the
spiny dogfish fishery in state waters
from Maine to North Carolina through
an interstate fishery management plan.
The FMP requires the specification of an
annual catch limit (ACL), annual catch
target (ACT), and total allowable
landings (TAL). These limits and other
management measures may be set for up
to five fishing years at a time, with each
fishing year running from May 1
through April 30. This action
implements revised specifications for
the 2021 spiny dogfish fishery, based on
the Mid-Atlantic Council’s updated Risk
Policy, and projects maintaining these
specifications for fishing year 2022.
Specifications were already projected
for the 2021 spiny dogfish fishery as a
part of a multi-year specifications action
for 2019–2021, based on a 2018
assessment update. Under those initial
specifications, the commercial quota
would increase 18 percent from fishing
year 2020. However, the Mid-Atlantic
Council recently updated its risk policy
to accept a higher level of risk for stocks
at or above biomass targets (85 FR
81152; December 15, 2020), and the
Councils recommended that the
projected acceptable biological catch
(ABC) and resulting commercial quota
for the 2021 spiny dogfish fishing year
be recalculated using this new
approach. Applying the new risk policy
increases the 2021 ABC 9 percent from
what was initially projected (24 percent
above 2020), and raises the 2021
commercial quota 8 percent (27 percent
above 2020). The Councils also
recommended projecting unchanged
specifications for fishing year 2022, as
there is a research track stock
assessment scheduled for spiny dogfish
in 2022, and there will be little
additional or new data prior to the
assessment to inform specifications
prior to that fishing year.
The proposed rule for this action
published in the Federal Register on
March 4, 2021 (86 FR 12591), and
comments were accepted through March
19, 2021. NMFS received one comment
from the public, and no changes were
made to the final rule as a result of the
comment (see Comments and Responses
for additional detail). Additional
background information regarding the
development of these specifications was
provided in the proposed rule and is not
repeated here.
Final Specifications
This action implements the Councils’
recommendations for final 2021 and
E:\FR\FM\04MYR1.SGM
04MYR1
]]>Agencies
[Federal Register Volume 86, Number 84 (Tuesday, May 4, 2021)]
[Rules and Regulations]
[Pages 23629-23633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09394]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
49 CFR Parts 1570 and 1582
[Docket No. TSA-2015-0001]
RIN 1652-AA55
Security Training for Surface Transportation Employees; Extension
of Compliance Dates; Correcting Amendments
AGENCY: Transportation Security Administration, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action amends the ``Security Training for Surface
Transportation Employees'' (Security Training) final rule (published
March 23, 2020, and amended May 1, 2020, and October 26, 2020) to
extend the compliance date by which a security training program must be
submitted to TSA, and make minor technical corrections. TSA is aware
that many owner/operators within the scope of this rule's applicability
may be unable to meet the compliance deadline for submission of the
required security training programs to TSA for approval because of the
impact of COVID-19 as well as actions taken at various levels of
government to address this public health crisis. In response, TSA is
extending the compliance deadline for submission of the required
security training program from March 22, 2021, to no later than June
21, 2021. Should TSA determine that an additional extension of time is
necessary based upon the impact of the COVID-19 public health crisis,
TSA will publish a document in the Federal Register announcing an
updated compliance date for this requirement.
DATES:
Effective Date: This rule is effective May 4, 2021.
Compliance Dates: The compliance dates for submission of security
training programs to TSA under Sec. 1570.109(b) is June 21, 2021 for
existing operations and September 21, 2021 for operations that commence
or modify operations to become subject to the regulation after June 21,
2021. The deadline for initial security training under Sec. 1570.111
is extended for owner/operators that submitted their security training
programs to TSA by the current deadline of March 22, 2021. These owner/
operators will have an additional 90 days (15 months rather than 12
months) to complete initial training of their security-sensitive
employees.
FOR FURTHER INFORMATION CONTACT: Victor Parker (TSA, Policy, Plans, and
Engagement, Surface Division) or David Kasminoff (TSA, Office of Chief
Counsel, Regulations and Security Standards) by telephone at (571) 227-
5563 or email to [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
A. Security Training Final Rule and Previous Amendments
TSA published the Security Training Final Rule on March 23,
2020.\1\ This rule 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 published on
March 23, 2020, TSA scheduled the final rule to take effect on June 22,
2020, with the first compliance deadline set for July 22, 2020.\2\ On
May 1, 2020, TSA delayed the effective date of the final rule to
September 21, 2020, in recognition of the potential impact of the
COVID-19 public health crisis and related strain on resources for
owner/operators required to comply with the regulation.\3\ TSA revised
all compliance dates within the rule to reflect the new effective
date.\4\ On October 26, 2020, TSA extended the compliance deadline in
49 CFR 1570.109(b)(1) and (b)(2) for submission of security training
programs from December 21, 2020, to March 22, 2021.\5\
---------------------------------------------------------------------------
\1\ 85 FR 16456.
\2\ See, e.g., 85 FR at 16469.
\3\ 85 FR 25315.
\4\ See id. for table of extended deadlines for compliance.
\5\ 85 FR 67681.
---------------------------------------------------------------------------
On February 19, 2021, Chairs of the Rail Sector Coordinating
Council (SCC),\6\ Mass Transit SCC, Highway
[[Page 23630]]
Motor Carrier SCC, and Short Line Industry Lead for the Rail SCC sent a
letter to the Senior Official Performing the Duties of the TSA
Administrator requesting a further 90-day delay in the date by which
regulated entities must submit their security training program to TSA.
Their request was based on the ongoing impact of the COVID-19 public
health crisis and the likelihood that the development of the security
training program ``rests with the same subject matter leads that remain
focused on containing the spread of, and mitigating risks posed by, the
pandemic.'' \7\ For example, many of the regulated entities subject to
the requirements of this rule are also subject to the mask requirements
imposed pursuant to Executive Order (E.O.) 13998 of January 21, 2021
(Promoting COVID-19 Safety in Domestic and International Travel),\8\ as
further directed and implemented pursuant to the Secretary of Homeland
Security's January 27, 2021, Determination of a National Emergency
(Requiring Actions to Protect the Safety of Americans Using and
Employed by the Transportation System),\9\ the Centers for Disease
Control and Prevention's Order,\10\ TSA's security directive issued
under the authority of 49 U.S.C. 114,\11\ and additional actions taken
by the operating administrations of the Department of
Transportation.\12\
---------------------------------------------------------------------------
\6\ The Sector Coordinating Councils (SCCs) are self-organized
and self-governed councils that enable critical infrastructure
owners and operators, their trade associations, and other industry
representatives to interact on a wide range of sector-specific
strategies, policies, and activities. The SCCs coordinate and
collaborate with sector-specific agencies (SSAs) and related
Government Coordinating Councils (GCCs) to address the entire range
of critical infrastructure security and resilience policies and
efforts for that sector.
\7\ See Docket No. TSA-2015-0001-0050 at Regulations.gov for
Letter from Thomas Farmer of the Association of American Railroads;
Polly Hanson of the American Public Transportation Association;
Chief Ronald Pavlik of the Washington Metropolitan Area
Transportation Authority; Colonel (Ret.) Michael Licata, Academy
Bus; and JR Gelnar of the American Short Line and Regional Railroad
Association (dated Feb. 19, 2021), as respective chairs of the SCCs
referenced above.
\8\ Published at 86 FR 7205 (Jan. 26, 2021).
\9\ Acting Secretary David P. Pekoske, Determination of a
National Emergency Requiring Actions to Protect the Safety of
Americans Using and Employed by the Transportation System (Jan. 27,
2021), available at https://www.dhs.gov/publication/determination-national-emergency-requiring-actions-protect-safety-americans-using-and (last visited Mar. 25, 2021).
\10\ See Centers for Disease Control and Prevention, Order,
Requirement for Persons To Wear Masks While on Conveyances and at
Transportation Hubs, 86 FR 8025 (Feb. 3, 2021).
\11\ See Security Directive 1582/84-21-01, applicable to
passenger railroads, intercity bus services, and public
transportation. TSA simultaneously issued directives applicable to
airports, aircraft operators, and foreign air carriers. All of these
directives are available at: https://www.tsa.gov/sd-and-ea.
\12\ See, e.g., Emergency Order No. 32, Notice No.1, of the
Federal Railroad Administration, Emergency Order Requiring Face Mask
Use in Railroad Operations (dated Feb. 24, 2021), available at
https://railroads.dot.gov/sites/fra.dot.gov/files/2021-02/Signed%20EO%2032%20%28Face%20Masks%29%20-%202.24.2021.pdf.
---------------------------------------------------------------------------
B. Correcting Citation Errors
As published, the regulatory text in the final rule contains
several incorrect references to other provisions in the rule. First,
TSA intended the applicability of the reporting security issues
requirement in 49 CFR 1570.203 to align with the applicability of the
security coordinator requirement in Sec. 1570.201. As noted in the
preamble to the final rule, TSA intended the scope of the security
coordinator and reporting requirement to apply to all rail entities
covered by Rail Transportation Security rule published in 2008,\13\
plus--
---------------------------------------------------------------------------
\13\ See 73 FR 72129 (Nov. 26, 2008).
---------------------------------------------------------------------------
``Any bus operations of a public transportation owner/
operator required to provide security training under this rule; and
Any OTRB owner/operator required to provide security
training under this rule.'' \14\
---------------------------------------------------------------------------
\14\ See 85 FR at Table 2 and related discussion at 16465-66.
---------------------------------------------------------------------------
TSA's intent is also reflected in the Regulatory Impact Analysis
(RIA) for the final rule, which only included costs for expanding the
current requirement to regulate bus-only transit agencies and OTRB
operations in the higher-risk areas designated in the appendices to
parts 1582 and 1584.\15\ Notwithstanding TSA's clear intention, the
final rule incorrectly applies the reporting requirement to, among
other entities, ``[e]ach owner/operator identified in Sec. . . .
1582.1[.]'' And Sec. 1582.1, which provides the scope for all of part
1582, broadly includes ``each public transportation agency.'' \16\ To
be consistent with TSA's intent, the applicability of the requirement
to report significant security concerns should mirror the applicability
of the requirement to have a security coordinator under 49 CFR
1570.201. While Sec. 1570.201 also applies to ``each public
transportation agency,'' it excepts from the requirement a public
transportation agency that ``owns or operates a bus-only operation''
unless ``the owner/operator is identified in appendix A to part 1582 of
this subchapter or is otherwise notified by TSA in writing a that a
threat exists concerning that operation.'' TSA is adding parallel
language to Sec. 1570.203, to correct the technical error as it
relates to public transportation agencies.
---------------------------------------------------------------------------
\15\ See Security Training Programs for Surface Transportation
Employees Final Regulatory Impact Analysis at sections 3.2.4 (Cost
of Implementing Security Training for Surface Mode Employees/PTPR
Industry Costs/Incident Reporting Cost) and 3.3.4 (Cost of
Implementing Security Training for Surface Mode Employees/OTRB
Industry Cost/Incident Reporting Cost). The Final RIA is available
in the docket for this rulemaking at Regulations.gov as TSA-2015-
0001-0040.
\16\ The scope in 1582.1 includes: (1) Each passenger railroad
carrier; (2) each public transportation agency; (3) each operator of
a rail transit system that is not operating on track that is part of
the general railroad system of transportation, including heavy rail
transit, light rail transit, automated guideway, cable car, inclined
plane, funicular, and monorail systems; and (4) each tourist,
scenic, historic, and excursion rail owner/operator, whether
operating on or off the general railroad system of transportation.
The only exemption from the scope is for certain ferry systems that
provide public transportation that are already subject to other
regulatory requirements.
---------------------------------------------------------------------------
Second, the applicability of 49 CFR 1582.101(c) addresses passenger
railroads that host freight railroads. As noted in the preamble to the
proposed and final rules, TSA intends for passenger railroads to be
responsible for ensuring security training requirements are met when
they are hosting a freight railroad.\17\ The rule incorrectly cross
references to 49 CFR 1580.301. Part 1580, however, does not include a
Sec. 1580.301. The correct citation is to Sec. 1580.101.
---------------------------------------------------------------------------
\17\ See 85 FR at 16460-16461 (Section II.A.4, Impact on Certain
Business Operations) and 16474 (Section VII.A.3, Stakeholder
Consultation/Comments on definition of ``host railroad'').
---------------------------------------------------------------------------
Third, Sec. 1582.101(c) references passenger railroads identified
in Sec. 1582.101(a)(1) and (a)(2). Again, these subsections do not
exist. The correct citation is to Sec. 1582.101(a) and (b). This final
rule correction replaces the incorrect citations with the correct ones.
C. Compliance Deadline for Submission of Security Training Programs
TSA recognizes the impact of COVID-19 on our surface stakeholders
and the need to provide relief at a time when many owner/operators are
simultaneously leveraging a range of resources to address multiple
challenging circumstances, and struggling financially and limiting
operations due to the effects of the COVID-19 public health crisis.
After considering the current operational environment and the purpose
of this regulation, TSA has decided to further extend the compliance
deadline in Sec. 1570.109(b) for security program submission from
March 22, 2021, to June 21, 2021.
This extension would provide the industry with a total of 270 days
of relief for submission of security training programs as compared to
the original deadline of September 20, 2020, and extend the deadline
for initial training of all employees in security-sensitive positions
into the fall of 2022.\18\ Should
[[Page 23631]]
TSA determine that an additional extension of time for submission of
the security training program is necessary based upon the impact of the
COVID-19 public health crisis, TSA will publish a document in the
Federal Register announcing an updated compliance date for this
requirement.
---------------------------------------------------------------------------
\18\ Under the rule, owner/operators have up to one year (12
months) after their security training program is approved by TSA to
provide initial training to all of their security-sensitive
employees. See Sec. 1570.111. Once the proposed program is
submitted to TSA, the agency has 60 days (2 months) to review and
approve a security program, with the ability to extend the review
period and/or require the owner/operator to modify the program,
which would stay the 60-day period.
---------------------------------------------------------------------------
D. Extending Initial Training Deadline for Certain Owner/Operators
Almost thirty percent of owner/operators required to submit a
training program have already submitted them to TSA. For those owner/
operators that submitted a training program to TSA for approval by the
current deadline (March 22, 2021), TSA is revising 49 CFR 1570.111(a)
to ensure we do not disadvantage these owner/operators who were able to
submit their programs, but who may still be addressing the operational
issues related to COVID-19 that make compliance difficult--particularly
related to identifying and training security-sensitive employees during
a time when employment may be more fluid based on demand and the impact
of sick employees.
TSA has determined that in light of the unprecedented circumstances
created by the COVID-19 pandemic, past rule delays, and the additional
compliance date delay described above, it is in the public interest to
grant owner/operators who submitted their training programs to TSA by
the March 2021 deadline an additional 90 days (15 months instead of 12
months) from the date of TSA approval to complete the initial training
required by 49 CFR 1570.111. This modification will ensure owner/
operators who submitted their training programs to TSA for approval by
the current deadline are treated equitably compared to those who wait
until the extended deadline to submit their programs. TSA is making
certain non-substantive changes to Sec. 1570.111(a) as necessary to
clearly reflect this distinction and the compliance deadlines for
initial training.
E. Economic Relief Related to the COVID-19 Pandemic
Under E.O. 14002 of January 22, 2021 (Economic Relief Related to
the COVID-19 Pandemic), federal agencies are required to ``identify
actions they can take within existing authorities to address the
current economic crisis resulting from the pandemic.'' \19\ Agencies
are further directed to ``prioritize actions that provide the greatest
relief to individuals, families, and small businesses; and to State,
local, Tribal, and territorial governments.'' \20\
---------------------------------------------------------------------------
\19\ See E.O. 14002 at Sec. 2(a), published at 86 FR 7229 (Jan.
27, 2021).
\20\ Id. at Sec. 2b).
---------------------------------------------------------------------------
This action supports economic recovery by delaying the impact of
TSA's regulatory requirements as applied to freight railroads
responsible for moving cargo across the country, small businesses such
as some OTRB owner/operators, and the State and local governments
operating public transportation systems. Delaying the compliance dates
described above will allow these regulated entities to focus on serving
the needs of their customers and the communities they serve, ensuring
the safety of their employees, and implementing the federal
government's requirements for masks to be worn within the nation's
commercial and public transportation systems.
IV. 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 compliance
deadline for the requirement in the Security Training Final Rule that
would be most difficult for owner/operators to implement during the
current COVID-19 public health crisis and the significant disruption
and uncertainty in both private and local government operations caused
by this crisis. Specifically, TSA is extending the period during which
owner/operators must develop a security training program for their
employees and submit the program to TSA for approval. Delaying this
requirement also effectively delays the deadline for training
employees.
TSA has good cause to delay the compliance deadlines without
advance notice and comment or a delayed effective date.\21\ To delay
taking this action while waiting for public comment would be
impracticable and contrary to the public interest. The owner/operators
subject to the requirements of the final rule need immediate certainty
regarding the deadlines of the final rule so that they may focus on
other urgent issues affecting their operations.
---------------------------------------------------------------------------
\21\ See 5 U.S.C. 553(b)(B), (d).
---------------------------------------------------------------------------
Given that the rule does not impose new requirements, provides
regulatory relief consistent with E.O. 14002 of January 22, 2021, and
otherwise only involves technical corrections to an existing
regulation, TSA finds sufficient good cause exists to dispense with an
opportunity for notice-and-comment and the 30-day effective date
requirement. The rule will, therefore, be effective immediately upon
publication.
B. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (PRA) \22\ requires federal
agencies to consider the impact of paperwork and other information
collection burdens imposed on the public and, under the provisions of
PRA section 3507(d), obtain approval from the Office of Management and
Budget (OMB) for each collection of information. OMB has approved the
collection of information for the Security Training Final Rule under
OMB control number 1652-0066. While this rule delays the timing of
submission, it does not modify the collection burdens that OMB has
already approved.
---------------------------------------------------------------------------
\22\ See 44 U.S.C. 3501 et seq.
---------------------------------------------------------------------------
C. Executive Orders 12866 and 13563
E.O. 12866 of September 30, 1993 (Regulatory Planning and Review)
and E.O. 13563 January 18, 2011 (Improving Regulation and Regulatory
Review) direct agencies to assess the costs and benefits of available
regulatory alternatives and, if regulation is necessary, to select
regulatory approaches that maximize net benefits (including potential
economic, environmental, public health and safety effects, distributive
impacts, and equity). E.O. 13563 emphasizes the importance of
quantifying costs and benefits, reducing costs, harmonizing rules, and
promoting flexibility.
E.O. 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
[[Page 23632]]
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 E.O. OMB has not
designated this rule a ``significant regulatory action,'' under E.O.
12866. Accordingly, OMB has not reviewed it.
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.\23\
---------------------------------------------------------------------------
\23\ See 5 U.S.C. 603, 604.
---------------------------------------------------------------------------
E. Executive Order 13132
A rule has federalism implications under E.O. 13132 of August 4,
1999 (Federalism), 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 E.O.
13132 and determined that although this rule affects the States, it
does not impose substantial direct compliance costs or preempt State
law.\24\ The rule relieves burdens on States.
---------------------------------------------------------------------------
\24\ See E.O. 13132, sec. 6.
---------------------------------------------------------------------------
F. Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 requires federal agencies
to assess the effects of their regulatory actions. In particular, the
Unfunded Mandates Reform Act of 1995 addresses actions that may result
in the expenditure by a State, local, or Tribal government, in the
aggregate, or by the private sector 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 (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
number A3(e) in DHS Management Directive 023-01 (formerly Management
Directive 5100.1), Environmental Planning Program, which guides TSA
compliance with the National Environmental Policy Act of 1969.
List of Subjects
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.
49 CFR Part 1582
Public transportation, Public transportation safety, Railroad
carriers, Railroad safety, Railroads, Rail transit systems, Reporting
and recordkeeping requirements, Security measures.
The Amendments and Corrections
For the reasons stated in the preamble, the Transportation Security
Administration is amending and making correcting amendments to 49 CFR
parts 1570 and 1582 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).
Subpart B--Security Programs
0
2. Amend Sec. 1570.109 by revising paragraphs (b)(1) and (2) to read
as follows:
Sec. 1570.109 Submission and approval.
* * * * *
(b) * * *
(1) Submit its program to TSA for approval no later than June 21,
2021.
(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
June 21, 2021, submit a training program to TSA no later than 90
calendar days before commencing new or modified operations.
* * * * *
0
3. Amend Sec. 1570.111 by revising paragraph (a) to read as follows:
Sec. 1570.111 Implementation schedules.
(a) Initial security training. Each owner/operator required under
parts 1580, 1582, or 1584 of this subchapter to adopt and carry out a
security program must provide initial security training to security-
sensitive employees, using the curriculum approved by TSA and in
compliance with the following schedule.
(1) For security training programs submitted to TSA for approval on
or before March 22, 2021, if the employee is employed to perform a
security-sensitive function on the date TSA approves the program, then
initial training must be provided no later than fifteen months after
the date that TSA approves the owner/operator's security training
program.
(2) For security training programs submitted to TSA for approval
after March 22, 2021, if the employee is employed to perform a
security-sensitive function on the date TSA approves the program, then
initial training must be provided no later than twelve months after the
date that TSA approves the owner/operator's security training program.
(3) If performance of a security-sensitive job function is
initiated after TSA approves the owner/operator's security training
program, then initial training must be provided no later than 60
calendar days after the employee first performs the security-sensitive
job function.
(4) If the security-sensitive job function is performed
intermittently, then no later than the 60th calendar day of employment
performing a security-sensitive function, aggregated over a consecutive
12-month period.
* * * * *
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4. Amend Sec. 1570.203 by revising paragraph (a) to read as follows:
Sec. 1570.203 Reporting significant security concerns.
(a)(1) Except as provided in paragraph (a)(2) of this section, each
owner/
[[Page 23633]]
operator identified in Sec. Sec. 1580.1, 1582.1, and 1584.101 of this
subchapter must report, within 24 hours of initial discovery, any
potential threats and significant security concerns involving
transportation-related operations in the United States or
transportation to, from, or within the United States as soon as
possible by the methods prescribed by TSA.
(2) An owner/operator identified in Sec. 1582.1(a)(2) of this
subchapter (public transportation agency) that owns or operates a bus-
only operation must only comply with the requirements in this section
if the owner/operator is identified in appendix A to part 1582 of this
subchapter or is notified by TSA in writing that a threat exists
concerning that operation.
* * * * *
PART 1582--PUBLIC TRANSPORTATION AND PASSENGER RAILROAD SECURITY
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5. The authority citation for part 1582 continues to read as follows:
Authority: 49 U.S.C. 114; Pub. L. 110-53 (121 Stat. 266, Aug. 3,
2007) secs. 1402 (6 U.S.C. 1131), 1405 (6 U.S.C. 1134), and 1408 (6
U.S.C. 1137).
Subpart B--Security Programs
0
6. Amend Sec. 1582.101 by revising paragraph (c) to read as follows:
Sec. 1582.101 Applicability.
* * * * *
(c) Each owner/operator described in Sec. 1582.1(a)(1) through (3)
that serves as a host railroad to a freight operation described in
Sec. 1580.101 of this subchapter or to a passenger train operation
described in paragraph (a) or (b) of this section.
Dated April 29, 2021.
Darby LaJoye,
Senior Official Performing the Duties of the Administrator.
[FR Doc. 2021-09394 Filed 4-30-21; 4:15 pm]
BILLING CODE 9110-05-P
