Thursday, July 14, 2016

OMB Receives TSA Surface Transportation Security Training Rule

On Tuesday the OMB’s Office of Information and Regulatory Affairs (OIRA) received a notice of proposed rulemaking (NPRM) from the TSA covering surface transportation training requirements for security training. This rule was mandated by the Implementing Recommendations of the 9/11 Commission Act of 2007 (§1408 of PL 110-53) and was supposed to have been published in 2008.

According to the latest Unified Agenda abstract:

“This rule would require security awareness training for front-line employees for potential terrorism-related security threats and conditions pursuant to the 9/11 Act. This rule would apply to higher-risk public transportation, freight rail, and over-the-road bus owner/operators and take into consideration the many actions higher-risk owner/operators have already taken since 9/11 to enhance the baseline of security through training of their employees. The rulemaking will also propose extending security coordinator and reporting security incident requirements applicable to rail operators under current 49 CFR part 1580 to the non-rail transportation components of covered public transportation agencies and over-the-road buses.”

It will be interesting to see how long it takes OIRA to approve this NPRM. They have a number of rulemakings to review in order to avoid the midnight rule restrictions imposed by President Obama. This rulemaking hardly fits in the category of a last minute partisan rule.

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