[Federal Register Volume 85, Number 85 (Friday, May 1, 2020)]
[Rules and Regulations]
[Pages 25315-25317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08528]


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DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration

49 CFR Part 1570

[Docket No. TSA-2015-0001]
RIN 1652-AA55


Security Training for Surface Transportation Employees

AGENCY: Transportation Security Administration, DHS.

ACTION: Final rule, delay of effective date.

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SUMMARY: This rule delays the effective date of the final rule 
entitled, ``Security Training for Surface Transportation Employees'' 
from June 22, 2020, until September 21, 2020. TSA has concluded that 
many owner/operators within the regulated community may be unable to 
meet deadlines in the rule because of actions taken at various levels 
of government to address the COVID-19 crisis. TSA is, therefore, 
extending the effective date of the rule and related compliance 
deadlines.

DATES: The effective date of the Security Training for Surface 
Transportation Employees final rule published at 85 FR 16456 is delayed 
until September 21, 2020. The revisions to part 1570 in this rule are 
effective September 21, 2020.

FOR FURTHER INFORMATION CONTACT: Harry Schultz (TSA; Policy, Plans, and 
Engagement, Surface Division) or David Kasminoff (TSA, Senior Counsel; 
Regulations and Security Standards; Office of Chief Counsel) by 
telephone at (571) 227-5563 or email to 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On March 23, 2020, TSA published the final rule, ``Security 
Training for Surface Transportation Employees.'' \1\ The regulation 
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 originally published, that final rule 
was scheduled to take effect on June 22, 2020, with the first 
compliance deadline set for July 22, 2020.\2\
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    \1\ 85 FR 16456.
    \2\ See, e.g., 85 FR at 16469.
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II. Delayed Effective Date

    Before and since publication, TSA has observed the growing 
nationwide impact of the spread of the novel coronavirus that causes 
COVID-19, including the impact of actions taken at various levels of 
government to slow its spread.\3\ Some of these actions have affected 
the operations and staffing of many of the owner/operators affected by 
the final rule. In recognition of the potential impact of COVID-19 
measures and related strain on resources, TSA is delaying the effective 
date for requirements in the rule.
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    \3\ On January 31, 2020, the Secretary of the Department of 
Health and Human Services declared a nationwide ``public health 
emergency'' under section 319 of the Public Health Service Act, 42 
U.S.C. 274d, as a result of confirmed cases of COVID-19. See HHS, 
``Determination that a Public Health Emergency Exists,'' https://www.phe.gov/emergency/news/healthactions/phe/Pages/2019-nCoV.aspx. 
On March 11, 2020, the World Health Organization announced that the 
COVID-19 outbreak can be characterized as a pandemic. On March 13, 
2020, the President determined that the ongoing COVID-19 pandemic is 
of sufficient severity and magnitude to warrant an emergency 
determination under section 501(b) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5207. 
In addition, on March 13, 2020, the President declared a national 
emergency under sections 201 and 301 of the National Emergencies 
Act, 50 U.S.C. 1601 et seq. See Proclamation 9994 of Mar. 13, 2020 
on Declaring a National Emergency Concerning the Novel Coronavirus 
Disease (COVID-19) Outbreak, 85 FR 15337 (Mar. 18, 2020). State and 
local jurisdictions throughout the United States are engaged in 
various social distancing practices, which frequently entail closing 
non-essential business and government services and avoiding crowds.
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    The following table identifies the revised effective date and the 
impact of this change on compliance dates tied to the effective date.

              Summary of Extended Deadlines for Compliance
                         [IN ORDER OF DEADLINE]
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                                      Final Rule           Extension
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Effective date of rule..........  June 22, 2020.....  September 21,
                                                       2020.
Deadline for notifying TSA of     July 22, 2020.....  October 21, 2020.
 applicability determination
 (1570.105).
Deadline for providing security   July 29, 2020.....  October 28, 2020.
 coordinator information (49 CFR
 1570.201).
Deadline for submission of        September 20, 2020  December 21, 2020.
 security training program to
 TSA for approval (1570.109(b)).
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[[Page 25316]]

    In addition to extending the effective date, this document also 
makes corresponding amendments to the final rule. Finally, this rule 
corrects paragraph (g) of 49 CFR 1570.109 to be paragraph (d).

III. 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 effective date of 
the Security Training for Surface Transportation Employees final rule 
in light of the significant disruption and uncertainty in both private 
and government operations caused by the COVID-19 pandemic. The 
compliance dates for this rule require action in the near term by 
owner/operators at a time when they are shifting resources or 
eliminating operations to respond to exigent circumstances created by 
the COVID-19 pandemic. The owner/operators subject to the requirements 
of the final rule need immediate certainty regarding the effective date 
of the rule so that they may focus on other issues affecting their 
operations.
    TSA has good cause to delay the rule's effective date without 
advance notice and comment.\4\ To delay taking this action while 
waiting for public comment would be impracticable and contrary to the 
public interest.
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    \4\ See 5 U.S.C. 553(b)(B).
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B. Paperwork Reduction Act

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

C. Executive Orders 12866 and 13563 Assessment

    This rule does not constitute a ``significant regulatory action'' 
under Executive Order 12866, as supplemented by Executive Order 13563, 
and therefore has not been reviewed by the Office of Management and 
Budget (OMB). Executive Order 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 
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 Executive Order.

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.\5\
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    \5\ See 5 U.S.C. 603, 604.
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E. Executive Order 12132 (Federalism)

    A rule has federalism implications under Executive Order 13132 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 that Order and has 
determined that although this rule affects the states, it does not 
impose substantial direct compliance costs or preempt State law.\6\ The 
rule relieves burdens on States.
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    \6\ 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 discretionary regulatory actions. In 
particular, the Unfunded Mandates Reform Act addresses actions that may 
result in the expenditure by a State, local, or Tribal government, in 
the aggregate, or by the private section 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 (NEPA) (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 
(CATEX) number A3(e) in DHS Management Directive 023-01 (formerly 
Management Directive 5100.1), Environmental Planning Program, which 
guides TSA compliance with NEPA.

List of Subjects in 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.

The Amendments

    For the reasons stated in the preamble, the Transportation Security 
Administration is amending 1570 of chapter XII, title 49, Code of 
Federal Regulations 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).


0
2. Revise Sec.  1570.105 to read as follows:


Sec.  1570.105  Responsibility for determinations.

    (a) Higher-risk operations. While TSA has determined the criteria 
for applicability of the requirements in subpart B to 49 CFR parts 
1580, 1582, and 1584 based on risk-assessments for freight railroad, 
public transportation system, passenger railroad, or over-the-road 
(OTRB) owner/operators are

[[Page 25317]]

required to determine if the applicability criteria identified in 
subpart B to parts 1580, 1582, and 1584 apply to their operations. 
Owner/operators are required to notify TSA of applicability by October 
21, 2020.
    (b) New or modified operations. If an owner/operator commences new 
operations or modifies existing operations after September 21, 2020, 
that person is responsible for determining whether the new or modified 
operations would meet the applicability criteria in subpart B to 49 CFR 
parts 1580, 1582, or 1584, and must notify TSA no later than 90 
calendar days before commencing operations or implementing 
modifications.

0
3. Amend Sec.  1570.109 by:
0
a. Revising paragraphs (b)(1) and (2);
0
b. Redesignating paragraph (g) as paragraph (d); and
0
c. Revising newly redesignated paragraph (d).
    The revisions read as follows:


Sec.  1570.109  Submission and approval.

* * * * *
    (b) * * *
    (1) Submit its program to TSA for approval no later than December 
21, 2020.
    (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 
September 21, 2020, submit a training program to TSA no later than 90 
calendar days before commencing new or modified operations.
* * * * *
    (d) Petition for Reconsideration. Within 30 days of receiving the 
notice to modify, the owner/operator may file a petition for 
reconsideration under Sec.  1570.119 of this part.

0
5. Amend Sec.  1570.201, by revising paragraph (e) to read as follows:


Sec.  1570.201  Security Coordinator.

* * * * *
    (e) Each owner/operator required to have a Security Coordinator 
must provide in writing to TSA the names, U.S. citizenship status, 
titles, phone number(s), and email address(es) of the Security 
Coordinator and alternate Security Coordinator(s) by October 28, 2020, 
commencement of operations, or change in any of the information 
required by this section.
* * * * *

    Date: April 17, 2020.
David P. Pekoske,
Administrator.
[FR Doc. 2020-08528 Filed 4-30-20; 8:45 am]
 BILLING CODE 9110-05-P