[Federal Register Volume 78, Number 115 (Friday, June 14, 2013)]
[Notices]
[Pages 35945-35950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14091]


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DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration

[Docket No. TSA-2013-0005]
RIN 1652-AA55


Request for Comments on Security Training Programs for Surface 
Mode Employees

AGENCY: Transportation Security Administration (TSA), DHS.

ACTION: Notice; request for comments.

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SUMMARY: TSA seeks comments and data on employee security training 
programs and planned security training exercises currently provided by 
owner/operators of freight railroads, passenger railroads, public 
transportation systems (excluding ferries), and over-the-road buses. 
While TSA is in the process of completing a notice of proposed 
rulemaking (NPRM) that would fulfill requirements of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (9/11 Act) to 
mandate security training for frontline employees, additional data 
would provide TSA with a more accurate understanding of the existing 
baseline and potential costs associated with the proposed rule. In 
particular, TSA is requesting information regarding programs currently 
implemented--whether as a result of regulatory requirements, grant 
requirements, in anticipation of a rule, voluntary, or otherwise--and 
the costs associated with these training programs.

DATES: Submit comments by July 15, 2013.

ADDRESSES: You may submit comments, identified by the TSA docket number 
to this rulemaking, to the Federal Docket Management System (FDMS), a 
government-wide, electronic docket management system, using any one of 
the following methods:
    Electronically: You may submit comments through the Federal 
eRulemaking portal at http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    Mail, In Person, or Fax: Address, hand-deliver, or fax your written 
comments to the Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001; fax (202) 493-2251. The 
Department of Transportation (DOT), which maintains and processes TSA's 
official regulatory dockets, will scan the submission and post it to 
FDMS.
    See SUPPLEMENTARY INFORMATION for format and other information 
about comment submissions.

FOR FURTHER INFORMATION CONTACT: Virginia Wise, Office of Security 
Policy and Industry Engagement, Surface Division, TSA-28, 
Transportation Security Administration, 601 South 12th Street, 
Arlington, VA 20598-6028; telephone (571) 227-1080; facsimile (703) 
603-0230; email Ginny.Wise @dhs.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    TSA invites interested persons to participate in this action by 
submitting written comments or views, supplemented with as much data as 
possible. We also invite comments relating to the economic or 
federalism impacts that might result from this action. See ADDRESSES 
above for

[[Page 35946]]

information on where to submit comments.
    With each comment, please identify the docket number at the 
beginning of your comments. While not required, TSA encourages 
commenters to provide their name and contact information so TSA can 
engage in follow-up, if necessary. The most helpful comments reference 
a specific portion of the document and include supporting data. You may 
submit comments and material electronically, in person, by mail, or fax 
as provided under ADDRESSES, but please submit your comments and 
material by only one means. If you submit comments by mail or delivery, 
submit them in an unbound format, no larger than 8.5 by 11 inches, 
suitable for copying and electronic filing.
    If you would like TSA to acknowledge receipt of comments submitted 
by mail, include with your comments a self-addressed, stamped postcard 
on which the docket number appears. We will stamp the date on the 
postcard and mail it to you.
    TSA will file all comments to our docket address, as well as items 
sent to the address or email under FOR FURTHER INFORMATION CONTACT, in 
the public docket, except for comments containing confidential 
information and sensitive security information (SSI).\1\ Should you 
wish your personally identifiable information redacted prior to filing 
in the docket, please so state. TSA will consider all comments that are 
in the docket on or before the closing date for comments and will 
consider comments filed late to the extent practicable. The docket is 
available for public inspection before and after the comment closing 
date.
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    \1\ ``Sensitive Security Information'' or ``SSI'' is information 
obtained or developed in the conduct of security activities, the 
disclosure of which would constitute an unwarranted invasion of 
privacy, reveal trade secrets or privileged or confidential 
information, or be detrimental to the security of transportation. 
The protection of SSI is governed by 49 CFR part 1520.
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Handling of Confidential or Proprietary Information and Sensitive 
Security Information (SSI) Submitted in Public Comments

    Comments containing trade secrets, confidential commercial or 
financial information, other proprietary information, or SSI should be 
appropriately marked as containing such information and submitted by 
mail to the address listed in FOR FURTHER INFORMATION CONTACT section. 
Do not submit comments containing this type of information to the 
public regulatory docket. TSA will not place comments containing SSI in 
the public docket and will handle them in accordance with applicable 
safeguards and restrictions on access. TSA will hold documents 
containing SSI, confidential business information, or trade secrets in 
a separate file to which the public does not have access, and place a 
note in the public docket explaining that commenters have submitted 
such documents. TSA may include a redacted version of the comment in 
the public docket. If an individual requests to examine or copy 
information that is not in the public docket, TSA will treat it as any 
other request under the Freedom of Information Act (FOIA) (5 U.S.C. 
552) and the Department of Homeland Security's (DHS's) FOIA regulation 
found in 6 CFR part 5.

Reviewing Comments in the Docket

    Please be aware that anyone is able to search the electronic form 
of all comments in any of our dockets by the name of the individual who 
submitted the comment (or signed the comment, if an association, 
business, labor union, etc., submitted the comment). You may review the 
applicable Privacy Act Statement published in the Federal Register on 
April 11, 2000 (65 FR 19477), or you may visit http://DocketInfo.dot.gov.
    You may review TSA's electronic public docket on the Internet at 
http://www.regulations.gov. In addition, DOT's Docket Management 
Facility provides a physical facility, staff, equipment, and assistance 
to the public. To obtain assistance or to review comments in TSA's 
public docket, you may visit this facility between 9:00 a.m. to 5:00 
p.m., Monday through Friday, excluding legal holidays, or call (202) 
366-9826. This docket operations facility is located in the West 
Building Ground Floor, Room W12-140 at 1200 New Jersey Avenue SE., 
Washington, DC 20590.

Availability of 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.gpo.gov/fdsys/browse/collection.action?collectionCode=FR to view 
the daily published Federal Register edition; or accessing the ``Search 
the Federal Register by Citation'' in the ``Related Resources'' column 
on the left, if you need to do a Simple or Advanced search for 
information, such as a type of document that crosses multiple agencies 
or dates; or
    (3) Visiting TSA's Security Regulations Web page at http://www.tsa.gov and accessing the link for ``Stakeholders'' at the top of 
the page, then the link ``Research Center'' in the left column.
    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.

Requirements of the 9/11 Act

    The ``Implementing Recommendations of the 9/11 Commission Act of 
2007'' (9/11 Act) requires DHS to issue regulations requiring security 
training for frontline employees in the public transportation, railroad 
carrier, and over-the-road bus (OTRB) modes.\2\ In summary, the 9/11 
Act specifies for each mode that regulations must (1) Require 
preparation of a program to prepare employees, including frontline 
employees, for potential security threats and conditions; (2) for each 
mode, the 9/11 Act prescribes specific elements that must, at a 
minimum, be included in the program; and (3) sets the schedule by which 
all employees covered by the program must be trained. While TSA is in 
the process of completing a notice of proposed rulemaking (NPRM) that 
would fulfill these requirements of the 9/11 Act, additional data would 
provide TSA with a more accurate understanding of the existing baseline 
and potential costs associated with the proposed rule. TSA will 
consider comments and data submitted in response to this Notice to 
inform the NPRM. There will be another opportunity for comment on the 
proposed rule once it is published in the Federal Register.
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    \2\ Public Law 110-53; 121 Stat. 266 (August 3, 2007).
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    9/11 Act's Public Transportation Security Training Requirements. 
Paragraph 1408(a) of the 9/11 Act directs the Secretary of Homeland 
Security to develop and issue regulations ``for a public transportation 
security training program to prepare public transportation employees, 
including frontline employees, for potential security threats and 
conditions.'' Paragraph 1408(c) directs DHS to include specific program 
elements. Paragraph 1408(d) requires DHS to approve security training 
programs. Paragraph 1408(b) directs DHS to consult with a range of 
stakeholders, including appropriate law enforcement, fire service, 
security, and terrorism experts; representatives of public 
transportation agencies; and

[[Page 35947]]

nonprofit employee labor organizations representing public 
transportation employees or emergency response personnel, before 
issuing the regulation.
    9/11 Act's Railroad Carrier Security Training Requirements. Section 
1517 of the 9/11 Act sets similar requirements for railroad carriers. 
Paragraph 1517(a) directs the Secretary of Homeland Security to develop 
and issue regulations for a security training program ``to prepare 
railroad carrier frontline employees for potential security threats and 
conditions.'' DHS must consider ``any current security training 
requirements and best practices'' in these regulations. Paragraph 
1517(b) requires DHS to consult with stakeholders including appropriate 
law enforcement, fire service, emergency response, security, and 
terrorism experts; railroad carriers; railroad shippers; and nonprofit 
employee labor organizations representing railroad employees or 
emergency response personnel. Paragraph 1517(c) specifies program 
elements. Paragraph 1517(d) requires DHS to approve security training 
programs. Within 90 days after DHS issues the regulations, each 
railroad carrier must develop a security training program and submit it 
to DHS for approval.
    9/11 Act's Over-the-Road Bus Security Training Requirements. 
Section 1534 of the 9/11 Act contains similar requirements for OTRBs. 
Paragraph 1534(a) directs DHS to develop and issue regulations for an 
OTRB program ``to prepare over-the-road bus frontline employees for 
potential security threats and conditions'' and to ``take into 
consideration any current security training requirements or best 
practices.'' Paragraph 1534(b) directs DHS to consult with OTRB owner/
operators, first responders, labor representatives, and security 
experts before issuing the rule. Paragraph 1534(c) specifies program 
elements. Paragraph 1534(d) requires DHS to approve security training 
programs. Within 90 days after DHS issues the regulations, each OTRB 
owner/operator must develop a security training program and submit it 
to DHS for approval.
    Specific requirements for all modes. The 9/11 Act prescribes 
specific elements that must, at a minimum, be included in the security 
training program required by the regulations. Table 1 identifies the 
specific elements as prescribed for each of the three modes specified 
in the Act.

                            Table 1--Required Training Program Elements From 9/11 Act
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      1408(c)--Public transportation       1517(c)--Freight and passenger railroads         1534(c)--OTRB
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(1) Determination of the seriousness of    (1) Determination of the seriousness of   (1) Determination of the
 any occurrence or threat.                  any occurrence or threat.                 seriousness of any
                                                                                      occurrence or threat.
(2) Crew and passenger communication and   (2) Crew and passenger communication and  (2) Driver and passenger
 coordination.                              coordination.                             communication and
                                                                                      coordination.
(3) Appropriate responses to defend        (3) Appropriate responses to defend or    (3) Appropriate responses
 oneself, including using nonlethal         protect oneself.                          to defend or protect
 defense devices.                                                                     oneself.
(4) Use of personal protective devices     (4) Use of personal and other protective  (4) Use of personal and
 and other protective equipment.            equipment.                                other protective
                                                                                      equipment.
(5) Evacuation procedures for passengers   (5) Evacuation procedures for passengers  (5) Evacuation procedures
 and employees, including individuals       and railroad employees, including         for passengers and over-
 with disabilities and the elderly.         individuals with disabilities and the     the-road bus employees,
                                            elderly.                                  including individuals with
                                                                                      disabilities and the
                                                                                      elderly.
(6) Training related to behavioral and     (6) Psychology, behavior, and methods of  (6) Psychology, behavior,
 psychological understanding of, and        terrorists, including observation and     and methods of terrorists,
 responses to, terrorist incidents,         analysis.                                 including observation and
 including the ability to cope with                                                   analysis.
 hijacker behavior, and passenger
 responses.
(7) Live situational training exercises    (7) Training related to psychological     (7) Training related to
 regarding various threat conditions,       responses to terrorist incidents,         psychological responses to
 including tunnel evacuation procedures.    including the ability to cope with        terrorist incidents,
                                            hijacker behavior and passenger           including the ability to
                                            responses.                                cope with hijacker
                                                                                      behavior and passenger
                                                                                      responses.
(8) Recognition and reporting of           (8) Live situational training exercises   (8) Live situational
 dangerous substances and suspicious        regarding various threat conditions,      training exercises
 packages, persons, and situations.         including tunnel evacuation procedures.   regarding various threat
                                                                                      conditions, including
                                                                                      tunnel evacuation
                                                                                      procedures.
(9) Understanding security incident        (9) Recognition and reporting of          (9) Recognition and
 procedures, including procedures for       dangerous substances, suspicious          reporting of dangerous
 communicating with governmental and non-   packages, and situations.                 substances, suspicious
 governmental emergency response                                                      packages, and situations.
 providers and for on scene interaction
 with such emergency response providers.
(10) Operation and maintenance of          (10) Understanding security incident      (10) Understanding security
 security equipment and systems.            procedures, including procedures for      incident procedures,
                                            communicating with governmental and non-  including procedures for
                                            governmental emergency response           communicating with
                                            providers and for on scene interaction    emergency response
                                            with such emergency response providers.   providers and for on scene
                                                                                      interaction with such
                                                                                      emergency response
                                                                                      providers.
(11) Other security training activities    (11) Operation and maintenance of         (11) Operation and
 that the Secretary deems appropriate.      security equipment and systems.           maintenance of security
                                                                                      equipment and systems.
                                           (12) Other security training activities   (12) Other security
                                            that the Secretary deems appropriate.     training activities that
                                                                                      the Secretary deems
                                                                                      appropriate.
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    Table 2 identifies the frontline employees who, at a minimum, must 
be trained pursuant to security training programs developed to meet the 
requirements of the 9/11 Act. Some flexibility is allowed for the 
training program to make adjustments as necessary based upon the work 
performed by the employee. For example, a dispatcher's training would 
likely have more focus on the appropriate protocols for sharing

[[Page 35948]]

information during an emergency while a maintenance-of-way worker may 
have more training on identifying potential threats.

         Table 2--Frontline Employees Identified in the 9/11 Act
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    Sec. 1402(4)--Public                               Sec. 1501(6)--
  transportation frontline     Sec. 1501(5)--OTRB    Railroad frontline
          employees            frontline employees        employees
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Transit vehicle driver or     Drivers.............  Locomotive
 operator.                                           engineers,
                                                     conductors,
                                                     trainmen, and other
                                                     onboard employees.
Maintenance and maintenance   Maintenance and       Maintenance,
 support employee.             maintenance support   maintenance support
                               personnel.            personnel, and
                                                     bridge tenders.
Dispatcher..................  Dispatchers.........  Dispatchers.
Security employee, or         Security personnel..  Security personnel.
 transit police.
Station attendant, customer   Ticket agents [and]   Locomotive
 service employee, and any     other terminal        engineers,
 other employee who has        employees.            conductors, and
 direct contact with riders                          other onboard
 on a regular basis.                                 employees.
Any other employee of a       Other employees of    Any other employees
 public transportation         an over-the-road      of railroad
 agency that the Secretary     bus operator or       carriers that the
 determines should receive     terminal owner or     Secretary
 security training.            operator that the     determines should
                               Secretary             receive security
                               determines should     training.
                               receive security
                               training.
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Relation to Other Training Programs

    The 9/11 Act includes requirements for TSA to consider ``any 
current security training requirements or best practices'' before 
issuing security training regulations.\3\ TSA is aware that many public 
transportation agencies, railroads, and OTRB owner/operators have 
implemented training that may satisfy some of the required security 
training program elements outlined above. The impetus for development 
of this training may include requirements of other Federal regulations; 
pursuant to a grant, using materials developed and/or approved by TSA; 
in anticipation of this rulemaking; voluntarily; or as a best practice. 
A range of courses--including those sponsored by TSA and other Federal 
agencies such as Federal Transit Administration (FTA), the Federal 
Railroad Administration (FRA), Federal Motor Carriers Safety 
Administration (FMCSA), the Federal Emergency Management Agency (FEMA) 
and the Pipeline and Hazardous Materials Safety Administration 
(PHMSA)--may provide a means for covered entities to coordinate 
training for their employees in many of the elements stipulated in the 
9/11 Act.
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    \3\ See 9/11 Act secs. 1517(a) and 1534(a).
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    For example, TSA is aware of security training programs that mass 
transit and passenger rail agencies have implemented through courses 
sponsored by FTA, TSA, FRA and FEMA. Some of this information has been 
obtained by TSA as part of an ongoing effort under the Mass Transit 
Security Grant Program (TSGP) to develop a user-friendly matrix on 
training at basic and follow-on levels for particular categories of 
transit employees. In the past, as part of the TSGP, DHS has provided 
information to eligible agencies on training that would be pre-approved 
for use of grant funds in order to help in developing grant 
applications. TSA is also aware that many agencies have used funds 
provided under the TSGP to obtain third-party training.
    There are also programs that have been developed to support testing 
effectiveness of response capabilities, such as the National Exercise 
Program managed by the Federal Emergency Management Agency (FEMA), 
exercises and drills funded through the TSGP, and the Intermodal 
Security Training and Exercise Program (I-STEP), both administered by 
TSA.\4\ Some of these courses are identified in the example for a 
security training matrix posted in the docket for this rulemaking (the 
purpose of this example is discussed below).
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    \4\ In FY 2008 and FY 2009, the TSGP included a Freight Rail 
Security Grant Program (FRSGP) that focused on activities designed 
to strengthen the nation's critical freight rail infrastructure 
against risks associated with potential terrorist attacks. In FY 
2009, the program awarded approximately $1.4 million for training 
projects.
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    Similarly, under the Intercity Bus Security Grant Program (IBSGP), 
which has funded security grants to ``eligible private operators 
providing transportation by an over-the-road bus,'' TSA has managed 
Operation Secure Transport (OST). Operation Secure Transport is a 
training resource made available to train industry employees. Use of 
this training is voluntary. This training includes a curriculum 
intended to develop the ability of bus employees to recognize security 
threats and respond appropriately to security incidents. Under other 
grant programs, TSA has funded development of the First Observer\TM\ 
program, which includes training modules for OTRB drivers on the need 
to be aware and vigilant for activities that could lead to terrorist 
incidents, such as how terrorists operate and how drivers and others 
can sharpen their powers of observation and be involved in preventing 
terrorism.

Request for Comments

    TSA is requesting public comment and data to assist TSA in 
determining the current baseline of training that could meet some of 
the security training program elements outlined above. In particular, 
TSA is interested in receiving more data from owner/operators who are 
currently providing security or related safety training to their 
employees. While TSA has gathered significant information in these 
areas as part of its rulemaking efforts, there are some areas where it 
would be helpful to validate cost elements and ensure our understanding 
of the existing baseline is current. The questions asked seek 
information to close these gaps.
    Commenters are asked to provide as much information as possible. In 
some areas, very specific information is being requested. TSA 
recognizes that providing detailed on every question could be 
burdensome. All information received will be considered, regardless of 
whether it is complete, and it is very much appreciated.
    General information. Providing information on the nature of the 
business operation of the person commenting will help TSA more fully 
appreciate the information provided. Please include in your comments 
information regarding the nature and size of the business for which the 
other information is being provided. In addition, we would appreciate 
receiving information about how training is normally delivered, for 
example, through instructor-led training sessions,

[[Page 35949]]

web-based training, or other. Failure to provide this information will 
not preclude the agency's full consideration of the comment.
    Request to complete training matrix. To assist commenters, TSA has 
provided tables in the docket for this rulemaking that identify the 
requirements of the 9/11 Act. TSA is asking commenters to complete the 
table and submit it to TSA. An example is provided, using courses known 
to be provided through the TSGP, I-STEP and other programs previously 
identified. If the training is being provided to comply with a Federal 
or state requirement, please identify the source of that requirement.
    Request to respond to specific questions. In addition, TSA is 
asking owner/operators of one of the modes of transportation that fall 
within the categories identified in the 9/11 Act (freight railroads, 
public transportation systems, passenger railroads, over-the-road 
buses) to respond to the following questions to help us identify the 
baseline and potential costs for the proposed rule. When providing 
comments, please explain the basis and reasoning underlying your 
comment. Please provide citations and copies of any relevant studies or 
reports on which you rely as well as any additional data which supports 
your comment.
    1. The 9/11 Act focuses the security training program requirements 
on ``frontline'' employees. For the relevant business operation, or 
component of a larger entity, that would be required to have a security 
training program, what percentage of total employees are frontline 
employees as identified in Table 2? Please include in the total all 
frontline employees, including those employed through a contractor. If 
the total includes personnel employed through a contractor, please 
identify what percentage they are of the total.
    1.1. Do you provide security awareness training to frontline 
employees (see Table 1 for a description of the elements of security 
awareness training and see Table 2 for an identification of frontline 
employees), either through a formal security awareness training 
program, or through some other type of employee training or exercise? 
If so, please briefly describe. How long have you provided this 
training? Did you change the training provided after passage of the 9/
11 Act? Please provide the number of hours, per employee and overall, 
in preparing, attending, and implementing these training elements.
    1.2. Are there certain types of frontline employees that currently 
do not participate in your company's training programs? If so, please 
indicate which types of employees (from Table 2) do not currently 
participate. Similarly, if you provide training on some of the elements 
listed in Table 1 to frontline employees, please describe which 
training elements and the types of employees who receive the training.
    1.3. Do your frontline employees employed through a contractor 
receive the same training as other frontline employees? If not, please 
explain why.
    1.4. What is the current cost per employee for your security 
awareness training? If you do not provide training on all of the 
elements listed in Table 1 to all frontline employees, please describe 
in as much detail as possible the projected additional cost to your 
organization of providing training on the Table 1 elements to all 
frontline employees. When providing an estimate for the projected 
additional costs, please include the assumptions you are using.
    1.5. What is the curriculum delivery method used for your security 
awareness training (for example, instructor-led in classroom, computer-
based, self-study, training exercises, a combination of those methods)?
    1.6. What, if any, is the refresher training cycle for the training 
elements outlined above (for example, annual, biennial, triennial)?
    1.7. Rounded up to the nearest hour, what is the amount of time 
spent in training related to the security elements in Table 1, per 
employee? (Please indicate whether this includes travel time and, if 
so, please provide any available data on how much.) Does this time 
frame differ based on the employment type or classification of the 
trainee? If so, please provide more detail on how your company 
determines the appropriate level of training.
    1.8. To the extent, either at the corporate headquarters or 
subsidiary level, you have received federal grant funding for the 
development, production, or delivery of security awareness training, 
please indicate whether it was for developing specific training, 
training specific employees, or both. In other words, please indicate 
how the funding was allocated. In the absence of grant funding, would 
you have instituted this training?
    2. Does your organization conduct operational or ``live'' exercises 
to test security training? To the extent possible, please provide 
information regarding the exercise program that reflects whether it is 
a phased or multi-tiered program. For example, some exercise programs 
have frequent spot checks with employees while performing their duties, 
less frequent table-top exercises for managers, and only conduct 
``live'' exercises involving emergency responders and other 
stakeholders every few years. If you have such an exercise program, in 
answering the questions, please provide as much of a cost breakdown as 
possible to reflect costs associated with scope, frequency, and number 
of participating employees.
    2.1. What employee populations participate in these exercises?
    2.2. What number of or percentage of frontline employees, as listed 
in Table 2, participate in the exercises?
    2.3. What is the frequency of the exercises?
    2.4. How many management hours are involved in conducting security 
exercises including development time and coordination with contractors?
    2.5. TSA is aware that owner/operators sometimes contract with 
private vendors for the planning, preparation, execution, and 
evaluation of exercises. TSA assumes that the fees charged by vendors 
will depend on the size and scope of the exercise, including the phases 
of an exercise, travel expenses for contractors, and other incidental 
charges. TSA requests informed comments related to contractor fees and 
the scope of services provided.
    2.6. What types of existing tools or resources provided by TSA have 
you used that you think would help your company meet the requirements 
of the 9/11 Act? (For example, the Intermodal Security Training and 
Exercise Program (I-STEP) and First Observer\TM\.)
    2.7. Do you change the curriculum or format of your training 
programs based upon the results of these exercises? How do you evaluate 
whether a change is needed?
    3. Additional data needed from owner/operators of freight 
railroads.
    3.1. TSA derived a 4 percent annual railroad employee turnover rate 
from the Railroad Retirement Board.\5\ Is this turnover rate a good 
approximation of the turnover rate for the freight railroad industry? 
If no, TSA requests comments on the freight railroad industry employee 
turnover rate.
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    \5\ Railroad Retirement Board, Twenty-Fifth Actuarial Valuation 
of Assets and Liabilities Under the Railroad Retirement Acts as of 
December 31, 2010 with Technical Supplement, at p. 91, tbl. S-34 
(under the ``All Ages, Crude 100'' column). See http://www.rrb.gov/pdf/act/valuation.pdf.
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    4. Additional data needed from owner/operators of public 
transportation systems.
    4.1. TSA obtained a 10.9 percent annual employee turnover rate for 
public bus systems from a Transit Cooperative Research Program report

[[Page 35950]]

sponsored by the FTA.\6\ Is this turnover rate a good approximation of 
the turnover rate for public transportation and passenger railroads? If 
no, TSA requests comments on the public transportation and passenger 
railroad employee turnover rate.
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    \6\ Transportation Research Board, 2001, TCRP Synthesis 40, at 
chpt. 5, p. 36. See http://onlinepubs.trb.org/Onlinepubs/tcrp/tsyn40.pdf.
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    4.2. TSA obtained a 0.92 percent annual growth rate for public 
transportation and passenger railroad employees from American Public 
Transportation Association (APTA).\7\ Is this growth rate a good 
approximation of the industry growth rate for the public transportation 
and passenger railroad industry? If no, TSA requests comments on the 
public transportation and passenger railroad industry growth rate.
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    \7\ APTA, 2010 Public Transportation Fact Book, at page vii, 
App. A: Historical Tables (tbl. 11: Operating Employees by Mode). 
TSA used the CAGR formula to derive the annual growth rate using 
1984-2008 data, netting out the trolley and paratransit employees. 
CAGR = ((End value/start value)[caret](1/periods-1)-1). See http://www.apta.com/resources/statistics/Documents/FactBook/2010_Fact_Book_Appendix_A.pdf.
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    5. Additional data needed from owner/operators of over-the-road 
buses.
    5.1. TSA obtained a 32.3 percent annual employee turnover rate for 
the OTRB industry using the BLS JOLTS hires rates for transportation, 
warehousing, and utilities worker.\8\ Is this turnover rate a good 
approximation of the turnover rate for the OTRB industry? If no, TSA 
requests comments on the OTRB industry turnover rate.
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    \8\ Bureau of Labor Statistics, Jobs and Labor Turnover Survey, 
Transportation, warehousing, and utilities workers, Hires Rate, 
Annual Jan-Dec 2010 (Series ID JTU48009900HIR).
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    5.2. TSA obtained a 1.77 percent annual industry growth rate for 
OTRB carriers from the U.S. Census Bureau.\9\ Is this growth rate a 
good approximation of the industry growth rate for the OTRB industry? 
If no, TSA requests comments on the OTRB industry growth rate.
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    \9\ U.S. Census Bureau, Economic Census 1997 & 2007. Number of 
establishments for the following NAICS code industries included: 
4859 Other transit & ground passenger transportation (2,555 & 
3,136), 4855 Charter bus industry (1,531 & 1,300), 485113 Bus & 
motor vehicle transit systems (542 & 933), 4852 Interurban & rural 
bus transportation (407 & 562). TSA then applied the constant annual 
growth rate formula: CAGR: ((End Value/Start Value)[caret](1/
(periods-1))-1. See http://www.census.gov/epcd/ec97/us/US000_48.HTM#N485 and http://factfinder2.census.gov/bkmk/table/1.0/en/ECN/
2007--US/48A1//naics~485113%7C4852%7C4855%7CALL-4859.
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    5.3. TSA obtained a 1.99 percent annual employee growth rate from 
the U.S. Census Bureau.\10\ Is this growth rate a good approximation of 
the employee growth rate for the OTRB industry? If no, TSA requests 
comments on the OTRB industry employee growth rate.
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    \10\ U.S. Census Bureau, Economic Census, 1997 & 2007. Employee 
data for the following NAICS codes included: 4859 (46,304 & 56,689), 
4855 (31,483 & 31,343), 485113 (27,448 & 42,334), 4852 (19,900 & 
17,690). CAGR = ((End Value/Start Value)[caret](1/(periods-1))-1). 
See http://www.census.gov/epcd/ec97/us/US000_48.HTM#N485 and http://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-fds_name=EC0700A1&-_skip=100&-ds_name=EC0748I2&-_lang=en.
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Conclusion

    As previously noted, TSA appreciates the information that 
stakeholders have already provided during the consultation phase of 
this rulemaking required by the 9/11 Act.\11\ We are also aware that a 
great deal of focus has been placed on the issue of enhancing security 
through training over the last decade. In finalizing a proposed rule, 
TSA wants to ensure that we adequately reflect these efforts. Any 
information that can be provided is appropriate and will be considered 
by TSA.
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    \11\ See secs. 1408(b), 1517(b), and 1534(b).

    Dated: June 8, 2013.
John S. Pistole,
Administrator.
[FR Doc. 2013-14091 Filed 6-13-13; 8:45 am]
BILLING CODE 9110-05-P