[Federal Register Volume 74, Number 122 (Friday, June 26, 2009)]
[Rules and Regulations]
[Pages 30477-30479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15080]
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DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
49 CFR Part 1570
[Docket No. TSA-2008-0011]
RIN 1652-AA65
False Statements Regarding Security Background Checks
AGENCY: Transportation Security Administration, DHS.
ACTION: Final rule.
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SUMMARY: On July 31, 2008, TSA published an interim rule prohibiting
public transportation agencies, railroad carriers, and their respective
contractors and subcontractors from knowingly
[[Page 30478]]
misrepresenting Federal guidance or regulations concerning security
background checks for certain individuals. This final rule follows
publication of the July 31, 2008 interim rule, and makes no changes at
this final rule stage.
DATES: Effective Date: June 26, 2009.
FOR FURTHER INFORMATION CONTACT: Ellen Siegler, Assistant Chief
Counsel, TSA-2, Transportation Security Administration, 601 South 12th
Street, Arlington, VA 20598-6002; telephone (571) 227-2723; facsimile
(571) 227-1379; e-mail [email protected].
ADDRESSES:
Availability of Rulemaking Document
You can get an electronic copy using the Internet by--
(1) Searching the electronic Federal Docket Management System
(FDMS) Web page at http://www.regulations.gov;
(2) Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html; or
(3) Visiting TSA's Security Regulations Web page at http://www.tsa.gov and accessing the link for ``Research Center'' at the top
of the page.
In addition, copies are available by writing or calling the
individual in the FOR FURTHER INFORMATION CONTACT section. Make sure to
identify the docket number of this rulemaking.
SUPPLEMENTARY INFORMATION:
Small Entity Inquiries
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires TSA to comply with small entity requests for information
and advice about compliance with statutes and regulations within TSA's
jurisdiction. Any small entity that has a question regarding this
document may contact the person listed in the FOR FURTHER INFORMATION
CONTACT section. Persons can obtain further information regarding
SBREFA on the Small Business Administration's Web page at http://www.sba.gov/advo/laws/law_lib.html.
Good Cause for Immediate Effective Date
This rule will be effective upon publication in the Federal
Register. Section 553(d) of the Administrative Procedure Act 5 U.S.C.
553, allows an agency, upon finding good cause, to make a rule
effective immediately. There is good cause for making this final rule
effective immediately. An interim final rule (IFR), published on July
31, 2008, is already in effect. There is no need to provide advance
notice that this final rule will become effective because this final
rule is substantively identical to the IFR; it does not prohibit any
conduct not already prohibited by the IFR.
I. Summary
On July 31, 2008, TSA issued an IFR codifying in the Code of
Federal Regulations (CFR) sections 1414(e) and 1522(e) of the 9/11 Act,
which prohibits public transportation agencies, railroad carriers, and
their respective contractors and subcontractors from knowingly
misrepresenting Federal guidance or regulations concerning security
background checks for covered individuals. 73 FR 44665. Under 49 CFR
1570.13, as added by the IFR, entities operating mass transit systems,
passenger rail systems, and freight rail carriers must understand TSA's
regulations and guidance and represent these background checks
accurately to their employees.
The public comment period on the IFR expired on September 2, 2008.
TSA received no comments. For the reasons set forth in the IFR, TSA is
continuing without change the provisions of 49 CFR 1570.13.
II. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501. et seq.)
requires that a Federal agency 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 it
conducts, sponsors, or requires through regulations. TSA has determined
that there are no current or new information collection requirements
associated with this rule.
III. Economic Impact Analyses
Regulatory Evaluation Summary
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order (E.O.) 12866, Regulatory Planning and
Review (58 FR 51735, October 4, 1993), directs each Federal agency to
propose or adopt a regulation only upon a reasoned determination that
the benefits of the intended regulation justify its costs. Second, the
Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996) requires agencies to analyze the economic impact of regulatory
changes on small entities. Third, the Trade Agreements Act (19 U.S.C.
2531-2533) prohibits agencies from setting standards that create
unnecessary obstacles to the foreign commerce of the United States.
Fourth, the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local, or
tribal governments, in the aggregate, or by the private sector, of $100
million or more annually (adjusted for inflation). Because this rule
does not add any requirements to those in the statute and in the July
31, 2008, IFR, TSA has not performed a cost/benefit analysis.
Executive Order 12866 Assessment
Executive Order 12866, ``Regulatory Planning and Review'' (58 FR
51735, October 4, 1993) provides for making determinations as to
whether a regulatory action is ``significant'' and therefore subject to
OMB review and the requirements of the Order. Executive Order 12866
classifies a rule as significant if it meets any one of a number of
specified conditions, including economic significance, which is defined
as having an annual impact on the economy of $100 million. A regulation
is also considered a significant regulatory action if it raises novel
legal or policy issues.
This regulation is not significant under E.O. 12866. This final
regulation will have no economic impact because the regulation makes no
changes to 49 CFR 1570.13.
Regulatory Flexibility Act Assessment
The Regulatory Flexibility Act of 1980 (RFA) (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), requires agencies to perform a review to determine
whether a proposed or final rule will have a significant economic
impact on a substantial number of small entities when the
Administrative Procedure Act (APA) requires notice and comment
rulemaking. TSA has not assessed whether this rule will have a
significant economic impact on a substantial number of small entities,
as defined in the RFA. When an agency publishes a rulemaking without
prior notice and an opportunity for comment, the RFA analysis
requirements do not apply. This rulemaking is a final rule that follows
an IFR that TSA issued on July 31, 2008. Therefore, no RFA analysis is
provided.
International Trade Impact Assessment
The Trade Agreement Act of 1979 prohibits Federal agencies from
establishing any standards or engaging
[[Page 30479]]
in related activities that create unnecessary obstacles to the foreign
commerce of the United States. Legitimate domestic objectives, such as
safety, are not considered unnecessary obstacles. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards. TSA has
assessed the potential effect of this rulemaking and has determined
that it will not create any unnecessary obstacles to foreign commerce.
Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 is intended, among other
things, to curb the practice of imposing unfunded Federal mandates on
State, local, and tribal governments. Title II of the Act requires each
Federal agency to prepare a written statement assessing the effects of
any Federal mandate in a proposed or final agency rule that may result
in a $100 million or more expenditure (adjusted annually for inflation)
in any one year by State, local, and tribal governments, in the
aggregate, or by the private sector; such a mandate is deemed to be a
``significant regulatory action.''
This rulemaking does not contain such a mandate. The requirements
of Title II of the Act, therefore, do not apply and TSA has not
prepared a statement under the Act.
IV. Executive Order 13132, Federalism
TSA has analyzed this final rule under the principles and criteria
of E.O. 13132, Federalism. We have determined that this action will not
have a substantial direct effect on the States, or the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
and, therefore, have determined that this action does not have
federalism implications.
V. Environmental Analysis
TSA has reviewed this action for purposes of the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4347) and has
determined that this action will not have a significant effect on the
human environment.
VI. Energy Impact Analysis
The energy impact of the action has been assessed in accordance
with the Energy Policy and Conservation Act (EPCA), Public Law 94-163,
as amended (42 U.S.C. 6362). We have determined that this rulemaking is
not a major regulatory action under the provisions of the EPCA.
List of Subjects in 49 CFR Part 1570
Appeals, Commercial drivers license, Criminal history background
checks, Explosives, Facilities, Hazardous materials, Incorporation by
reference, Maritime security, Motor carriers, Motor vehicle carriers,
Ports, Seamen, Security measures, Security threat assessment, Vessels,
Waivers.
The Amendments
0
For the reasons set forth in the preamble, the interim rule for part
1570 of Title 49 of the Code of Federal Regulations, adding Sec.
1570.13, published July 31, 2008, at 73 FR 44665, is adopted as final,
without change.
Issued in Arlington, VA, on June 22, 2009.
Gale D. Rossides,
Acting Administrator.
[FR Doc. E9-15080 Filed 6-25-09; 8:45 am]
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