United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2023_register executive 2023-05-23 article Part V Proposed Rules D09002ee1c79c66b9 D09002ee1c79c681c United States Department of Homeland Security originator org United States Government Agency or Subagency United States Transportation Security Administration originator org United States Government Agency or Subagency The Transportation Security Administration (TSA) is proposing a regulation to implement provisions of the Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11 Act) that require security vetting of certain public transportation, railroad, and over-the-road-bus (OTRB) employees. In accordance with the 9/11 Act, TSA proposes to require security-sensitive employees of certain public transportation operators and railroads to undergo a Level 2 security threat assessment (STA) that includes an immigration check and terrorism watchlist check to determine whether the applicant may pose a security threat. Further, TSA proposes to require security coordinators of certain public transportation, railroad, and OTRB operators to undergo a Level 3 STA, which includes the Level 2 check plus a criminal history records check. TSA proposes appeal and waiver procedures for individuals who are adversely impacted by the vetting. Finally, TSA proposes to establish user fees to recover TSA's costs for vetting, as required by law. 88 FR 33472 https://www.govinfo.gov/app/details/FR-2023-05-23/2023-10131 2023-10131 fr23my23-32 RIN 1652-AA69 9110-05-P Docket No. TSA-2023-0001 https://www.govinfo.gov/app/details/FR-2023-05-23/2023-10131 https://www.govinfo.gov/content/pkg/FR-2023-05-23/html/2023-10131.htm https://www.govinfo.gov/content/pkg/FR-2023-05-23/pdf/2023-10131.pdf Air Carriers Air Transportation Aircraft Airports Bus Transit Systems Commuter Bus Systems Law Enforcement Officer Maritime Carriers Over-The-Road Buses Public Transportation Rail Hazardous Materials Receivers Rail Hazardous Materials Shippers Rail Transit Systems Railroad Carriers Railroad Safety Railroads Reporting and Recordkeeping Requirements Security Measures Transportation Facility Vessels Administrative Law Judge Appeal Background Check Criminal History Records Check Fees Immigration Check Terrorism Check Redress Security Threat Assessment Waiver Crime Fraud Hazardous Materials Transportation Motor Carriers Over-The-Road Bus Safety Public Transportation Safety Transportation Security-Sensitive Materials Explosives 51 p. 33472 33522 88 FR 33472 Title 49 Part 1500 49 CFR Part 1500 Title 49 Part 1530 49 CFR Part 1530 Title 49 Part 1570 49 CFR Part 1570 Title 49 Part 1572 49 CFR Part 1572 Title 49 Part 1580 49 CFR Part 1580 Title 49 Part 1582 49 CFR Part 1582 Title 49 Part 1584 49 CFR Part 1584 RIN 1652-AA69 Vetting of Certain Surface Transportation Employees; Federal Register Vol. 88, Issue PRORULE 2023-10131 V DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration 2023-08-21 Docket No. TSA-2023-0001 9110-05-P 2023-10131 Notice of proposed rulemaking (NPRM).

The Transportation Security Administration (TSA) is proposing a regulation to implement provisions of the Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11 Act) that require security vetting of certain public transportation, railroad, and over-the-road-bus (OTRB) employees. In accordance with the 9/11 Act, TSA proposes to require security-sensitive employees of certain public transportation operators and railroads to undergo a Level 2 security threat assessment (STA) that includes an immigration check and terrorism watchlist check to determine whether the applicant may pose a security threat. Further, TSA proposes to require security coordinators of certain public transportation, railroad, and OTRB operators to undergo a Level 3 STA, which includes the Level 2 check plus a criminal history records check. TSA proposes appeal and waiver procedures for individuals who are adversely impacted by the vetting. Finally, TSA proposes to establish user fees to recover TSA's costs for vetting, as required by law.

Submit comments on or August 21, 2023. For program questions: Victor Parker, Surface Division, Policy, Plans, and Engagement, TSA-28, Transportation Security Administration, 6595 Springfield Center Drive, Springfield, VA 20598-6002; telephone (571) 227-1039; email VettingPolicy@tsa.dhs.gov. Air Carriers Air Transportation Aircraft Airports Bus Transit Systems Commuter Bus Systems Law Enforcement Officer Maritime Carriers Over-The-Road Buses Public Transportation Rail Hazardous Materials Receivers Rail Hazardous Materials Shippers Rail Transit Systems Railroad Carriers Railroad Safety Railroads Reporting and Recordkeeping Requirements Security Measures Transportation Facility Vessels Administrative Law Judge Appeal Background Check Criminal History Records Check Fees Immigration Check Terrorism Check Redress Security Threat Assessment Waiver Crime Fraud Hazardous Materials Transportation Motor Carriers Over-The-Road Bus Safety Public Transportation Safety Transportation Security-Sensitive Materials Explosives Vetting of Certain Surface Transportation Employees, christine.beyer@tsa.dhs.gov VettingPolicy@tsa.dhs.gov https://www.9-11commission.gov/ https://www.cbp.gov/travel/trusted-traveler-programs/nexus https://www.cbp.gov/travel/trusted-traveler-programs/sentri https://www.federalregister.gov https://www.regulations.gov https://www.regulations.gov/privacyNotice www.pay.gov Vol. 88, no. 99 Office of the Federal Register, National Archives and Records Administration 2023-05-23 continuing daily deposited born digital 585 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2023-05-23 P0b002ee1be495c50 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr23my23 https://www.govinfo.gov/app/details/FR-2023-05-23 https://www.govinfo.gov/content/pkg/FR-2023-05-23/pdf/FR-2023-05-23.pdf https://www.govinfo.gov/content/pkg/FR-2023-05-23/xml/FR-2023-05-23.xml fdlp 32949 33522 DGPO 2023-05-23 2024-05-29 FR-2023-05-23 machine generated eng FR FR-2023-05-23 88 99