[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