(a) Except as provided in paragraph (b) of this section, this part includes requirements for the following persons. When estimating the cost of a rulemaking, agencies typically estimate future expected costs imposed by a regulation over a period of analysis. (c) Prepare. A timely petition for reconsideration stays the effective date of the amendment. 35. 121. Training delivered should teach the employees that suspicious activity is a combination of actions and individual behaviors that appear strange, inconsistent, or out of the ordinary for the employee's work environment. Under 49 U.S.C. The table in part 1580 Appendix B is unique in that it includes examples of the job titles related to these functions based on historic use of these terms for railroads. Facilities subject to 33 CFR chapter I, subchapter H, part 105 may, with approval of the Coast Guard, designate only those portions of their facility that are directly connected to maritime transportation or are at risk of being involved in a transportation security incident as their secure areas. This final rule includes a technical correction to § 1570.305 (currently § 1570.13) of subchapter D as part of this rulemaking. One commenter asked for guidance on what type of training will satisfy the curriculum requirement concerning “defending oneself.”. 3501 et seq. Staffing requirements for train operation are beyond the scope of this rulemaking. 114(b). In some circumstances, security-sensitive functions may be performed by individuals not within the definition of “employee.” For example, police officers employed by a local law enforcement agency may be routinely patrolling the owner/operator's premises and/or operations, but do not work directly for, or under contract to, the owner/operator. Functions on behalf of an owner/operator regulated under this subchapter that require regular interaction with travelling public within a transportation facility, such as ticket agents. Alternative 2 would increase total costs upon the regulated community as a whole. that are administered by the Administrator. Second, there was one objection to the proposed requirement for freight railroad operators to name rail security coordinators (RSC) “accessible to TSA on a 24-hour a day, 7-day a week basis.” The commenter suggests modifying this proposal to require the railroad to “maintain a 24/7 communications capability to ensure TSA can reach the RSCs and designated representatives for the stated purpose of receiving intelligence information and coordinating on security practices and procedures.”. Finally, TSA encourages owner/operators not within the scope of the rule's applicability to use the regulatory requirements as guidance for voluntarily implementing a security training program for its security-sensitive and other employees, whether by using TSA-developed programs or through its own training. requires agencies to consider the economic impact of regulatory changes on small entities. Maintain employee training records and, 69 Freight Rails 253 PTPRs prohibits agencies from setting standards that create unnecessary obstacles to the foreign commerce of the United States. in a manner that rigorously protects the privacy and civil liberties of Americans.” [35] [59] For smaller operators, web-based training may be easier. In deciding to rely on where the owner/operator provides service, rather than corporate headquarters locations, TSA considered factors that could make an OTRB a potential target for a terrorist attack, including (1) its visibility (the size of its operations); (2) the extent to which its schedule is publicly available; (3) whether or not it is relatively easy for unknown individuals to board the bus; (4) and whether the bus will have ease of access to high-consequence locations. TSA does not believe that this priority is served by hourly calculations to determine what constitutes a day. This PDF is developer tools pages. Another commenter, a mass transit agency in a large metropolitan area, estimated the cost of the rule to be higher than the estimate TSA provided in the NPRM RIA. Intercity passenger train service means both “train, long-distance intercity passenger” and “train, short-distance intercity passenger” as defined in 49 CFR 238.5. Comments on methods for submitting security programs to TSA: A number of commenters supported submitting training programs to TSA via electronic means, such as in email on a secured password protected platform. Rail transit facility means rail transit stations, terminals, and locations at which rail transit infrastructure assets are stored, command and control operations are performed, or maintenance is performed. documents in the last year, 223 All other requirements remain the same. Also, you TSA folks wear uniforms when you are there. If an owner/operator intends to use previous training or existing training programs in order to satisfy some or all of the requirements of this rule, the program submitted to TSA for approval must identify how the other training satisfies TSA's requirements. As to contractors, TSA consistently applies a policy requiring regulated parties to accept responsibility for their contractors, including employees operating under pooling agreements. TSA response: This rulemaking is intended to solidify a baseline of security training. Attended, in reference to a rail car, means an employee—. Read the latest news and updates on the novel coronavirus disease (COVID-19) outbreak. 205 OTRBs, 1. Who is responsible for determining whether a specific owner/operator is subject to the requirements of the rule (applicability determinations)? 3. Each owner/operator must ensure that each of its security-sensitive employees has knowledge necessary to—, (1) Determine whether the item, individual, behavior, or situation requires a response as a potential terrorist threat based on the respective transportation environment; and. Table 9 identifies the requirements of this final rule implemented by OTRB owner/operators. In § 1520.7, revise paragraph (n) to read as follows: (n) Each owner/operator of maritime or surface transportation subject to the requirements of subchapter D of this chapter. TSA response: This rule does not require owner/operators to submit updated plans every year. In addition, the final rule narrows the scope of amendments required for changes to security measures or plans. See sections III.G.5 and I of NPRM for a discussion of other related training. 5. Fourth, the public transportation bus systems and OTRB owner/operators to whom the final rule applies would be required to report significant security concerns, which includes incidents, suspicious activities, and/or threat information. Register documents. legal research should verify their results against an official edition of As an alternative, they suggested owner/operators should only be required to retain training from Start Printed Page 16478the past three years (assuming TSA adopts a 3-year training requirement). 1531, codified at 6 U.S.C. Security-sensitive job function, for purposes of this part, means a job function identified in appendix B to part 1580, appendix B to part 1582, and appendix B to part 1584 of this title. 9. This change to reporting is a modification from the requirement as promulgated in the Rail Security Rule, which required immediate reporting. TSA is defining “host railroad” consistent with the definition well-established by use for the rail industry under rules of the FRA. When it is not possible to quantify or monetize a majority of the incremental benefits of a regulation, OMB recommends conducting a threshold, or “break-even” analysis. As noted above, and in the NPRM, certain materials have a higher-risk associated with them based on the potential consequences should they be released. TSA response: As explained in the NPRM, TSA is mandated to: (1) Enforce its rules and requirements; (2) oversee the implementation and ensure the adequacy of security measures; and; (3) inspect, maintain, and test security facilities, equipment, and systems for all modes of transportation. 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