Security Training for Surface Transportation Employees; Extension of Compliance Dates; Correcting Amendments

Published date04 May 2021
Citation86 FR 23629
Record Number2021-09394
SectionRules and Regulations
CourtTransportation Security Administration
Federal Register, Volume 86 Issue 84 (Tuesday, May 4, 2021)
[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.
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                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\
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                 \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.
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                 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\
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                 \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.
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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 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--
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                 \13\ See 73 FR 72129 (Nov. 26, 2008).
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                 ``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\
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                 \14\ See 85 FR at Table 2 and related discussion at 16465-66.
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                 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.
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                 \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.
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                 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.
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                 \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'').
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                 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.
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                 \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.
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                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\
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                 \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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                 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.
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                 \21\ See 5 U.S.C. 553(b)(B), (d).
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                 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.
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                 \22\ See 44 U.S.C. 3501 et seq.
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                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\
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                 \23\ See 5 U.S.C. 603, 604.
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                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.
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                 \24\ 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 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.
                * * * * *
                0
                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
                0
                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
                

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