[Federal Register Volume 88, Number 6 (Tuesday, January 10, 2023)]
[Notices]
[Pages 1397-1398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00288]


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DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration


Intent To Request Extension From OMB of One Current Public 
Collection of Information: Security Training for Surface Transportation 
Employees

AGENCY: Transportation Security Administration, DHS.

ACTION: 60-Day notice.

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SUMMARY: The Transportation Security Administration (TSA) invites 
public comment on one currently approved Information Collection Request 
(ICR), Office of Management and Budget (OMB) control number 1652-0066, 
abstracted below, that we will submit to OMB for an extension in 
compliance with the Paperwork Reduction Act (PRA). The ICR describes 
the nature of the information collection and its expected burden. The 
collection involves information to validate compliance with the 
regulatory requirements, including Security Training Programs, Security 
Training Records, Security Coordinator Information, and Reporting 
Significant Security Concerns Information.

DATES: Send your comments by March 13, 2023.

ADDRESSES: Comments may be emailed to [email protected] or delivered 
to the TSA PRA Officer, Information Technology, TSA-11, Transportation 
Security Administration, 6595 Springfield Center Drive, Springfield, VA 
20598-6011.

FOR FURTHER INFORMATION CONTACT: Christina A. Walsh at the above 
address, or by telephone (571) 227-2062.

SUPPLEMENTARY INFORMATION:

Comments Invited

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), an agency may not conduct or sponsor, and a person is 
not required to respond to, a collection of information unless it 
displays a valid OMB control number. The ICR documentation is available 
at https://www.reginfo.gov upon its submission to OMB. Therefore, in 
preparation for OMB review and approval of the following information 
collection, TSA is soliciting comments to--
    (1) Evaluate whether the proposed information requirement is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of the burden;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the collection of information on those 
who are to respond, including using appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology.

Information Collection Requirement

    OMB Control Number 1652-0066; Security Training for Surface 
Transportation Employees. TSA was established by the Aviation and 
Transportation Security Act (ATSA) as the primary federal authority to 
enhance security for all modes of transportation.\1\

[[Page 1398]]

The scope of TSA's authority includes assessing security risks, 
developing security measures to address identified risks, and enforcing 
compliance with these measures.\2\ TSA also has broad regulatory 
authority to issue, rescind, revise, and enforce, regulations as 
necessary to carry out its transportation security functions.\3\
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    \1\ Public Law 107-71, 115 Stat. 597 (Nov. 19, 2001). ATSA 
created TSA as a component of the Department of Transportation 
(DOT). Section 403(2) of the Homeland Security Act of 2002 (HSA), 
Public Law 107-296, 116 Stat. 2135 (Nov. 25, 2002), transferred all 
functions related to transportation security, including those of the 
Secretary of Transportation and the Under Secretary of 
Transportation for Security, to the Secretary of Homeland Security. 
Pursuant to DHS Delegation Number 7060.2, the Secretary delegated to 
the Administrator, subject to the Secretary's guidance and control, 
the authority vested in the Secretary with respect to TSA, including 
the authority in sec. 403(2) of the HSA.
    \2\ See 49 U.S.C. 114, which codified section 101 of ATSA.
    \3\ 49 U.S.C. 114(l)(1).
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    As part of the Implementing Recommendations of the 9/11 Commission 
Act of 2007 (9/11 Act),\4\ Congress mandated regulations to enhance 
surface transportation security through security training of frontline 
employees. The mandate includes prescriptive requirements for who must 
be trained, what the training must encompass, and how to submit and 
obtain approval for a training program.\5\ The 9/11 Act also mandates 
regulations requiring higher-risk railroads and over-the-road buses to 
appoint security coordinators.\6\
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    \4\ Public Law 110-53 (121 Stat. 266; Aug. 3, 2007).
    \5\ See secs. 1408, 1517, and 1534 of the 9/11 Act, codified at 
6 U.S.C. 1137, 1167, and 1184, respectively.
    \6\ See secs. 1512 and 1531 of the 9/11 Act, codified at 6 
U.S.C. 1162 and 1181, respectively.
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    In accordance with these authorities and mandates, TSA published 
the Security Training for Surface Transportation Employees Final Rule 
(Rule). See 85 FR 16456 (March 23, 2020). 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 who perform security-
sensitive functions. In addition, TSA expanded its requirements for 
security coordinators and the reporting of significant security 
concerns, including bus operations, within the scope of the regulation. 
See 49 CFR parts 1570, 1580, 1582, and 1584.
    The information collection mandated by the Rule includes the 
following:
     Security Training Program. Each owner/operator required to 
have a security training program must submit the program to TSA for 
approval to ensure that the program meets the required program 
elements. TSA then reviews the submitted-program, including curriculum, 
schedule for training, and employees to be trained, to verify that the 
training program satisfies the regulatory requirements. The curriculum 
must include training on how to observe, assess and respond to 
terrorist-related threats and/or incidents. The schedule must address 
both initial and recurrent training. The scope of the training must 
include all security-sensitive employees as applicable to the specific 
modal requirements. If TSA determines the program submitted meets the 
regulatory requirements, the owner/operator does not need to submit 
additional programs to TSA unless or until amendments or updates are 
required. If modifications are required, the owner/operator must re-
submit their training program for TSA review and, as necessary, further 
modifications, until TSA-approval is obtained.
     Security Training Records. Each owner/operator is required 
to maintain security training records for each employee trained for no 
less than five years from the date of the training. This record 
retention schedule is necessary to validate compliance with the 
requirement to provide triennial training.
     Security Coordinator Information. Each owner/operator is 
required to designate and provide to TSA the contact information of a 
primary and at least one alternate Security Coordinator. This 
requirement is an expansion of previously imposed requirements 
applicable to rail operations. As a result, this requirement does not 
apply to populations currently covered under OMB 1652-0051 (Rail 
Transportation Security).
     Reporting Significant Security Concerns Information. Each 
owner/operator is required to report potential threats and significant 
security concerns to TSA within 24 hours of initial discovery. This 
requirement is an expansion of previously imposed requirements 
applicable to rail operations. As a result, this information collection 
does not apply to populations currently covered under OMB 1652-0051 
(Rail Transportation Security).
    Since the Rule was issued, changes in the industry have resulted in 
a reduction in the number of regulated persons. As a result, TSA is 
reducing the estimated number of respondents to the information 
collection from 289 to approximately 218 respondents, with an annual 
burden estimate of 4,623 hours (13,869 over three years).

    Dated: January 5, 2023.
Christina A. Walsh,
TSA Paperwork Reduction Act Officer, Information Technology.
[FR Doc. 2023-00288 Filed 1-9-23; 8:45 am]
BILLING CODE 9110-05-P