Pending TSA Security Regulations

I recently found another web site that provides valuable information about the development of Federal government regulations. It is part of the Office of Management and Budget web site, RegInfo.gov. Looking through its data base I found reference to three TSA regulations in development that pertain to ground transportation security. Interestingly two of the three regulations are well past their legislatively mandated implementation dates and not a single NPRM has been published. The ‘pending’ regulations are:

Railroads--Security Training of Employees Railroads--Vulnerability Assessment and Security Plan Revision of Enforcement Procedures; Reporting of Security Issues

In this blog I will examine the OMB data on these three rules. In later blogs I will attempt look at the requirements in more detail. Security Training of Employees According to the abstract published on this web site:

“The Transportation Security Administration (TSA) will add new regulations to improve the security of railroads in accordance with the Implementing Recommendations of the 9/11 Commission Act of 2007. The rulemaking will propose general requirements for a security training program to prepare railroad frontline employees for potential security threats and conditions. The regulations will take into consideration any current security training requirements or best practices.”

The legal authority cited for the rule is: 49 USC 114; PL 110-53, sec 1517. There was a statutory deadline of February 3rd, 2008 for the publication of the NPRM. Vulnerability Assessment and Security Plan According to the abstract published on this web site:

“The Transportation Security Administration (TSA) will add new regulations to improve the security of rail transportation in accordance with the Implementing Recommendations of the 9/11 Commission Act of 2007. This rulemaking will propose general requirements for each railroad carrier assigned by the Secretary of the Department of Homeland Security (DHS) to a high-risk tier to conduct a vulnerability assessment; implement a security plan that addresses security performance requirements; and establish standards and guidelines for developing and implementing these vulnerability assessments and security plans.”

The legal authority cited for the rule is: 49 USC 114; PL 110-53, sec 1512. There was a statutory deadline of August 3rd, 2008 for the publication of the NPRM. Reporting of Security Issues According to the abstract published on this web site:

“The Transportation Security Administration (TSA) proposes to amend its investigative and enforcement procedures to conform their scope to the changes in TSA’s civil enforcement authority enacted in the Implementing Recommendations of the 9/11 Commission Act of 2007. Specifically, the proposed rule would establish procedures by which TSA could issue civil money penalties for violations of any statutory requirement administered by TSA, including surface transportation security requirements, as well as requirements governing the use of Transportation Worker Identification Credentials. This proposed rule also would add new procedures by which members of the public could report to TSA a problem, deficiency, or vulnerability regarding transportation security, including the security of aviation, maritime, railroad, motor carrier vehicle, or pipeline transportation, or any mode of public transportation, such as mass transit.”

The legal authority cited for the rule is: 49 USC 114; PL 110-53, secs 1302, 1304, 1413, 1415, 1521, 1536 , There was no statutory deadline for this rule, but the OMB site noted that the expected NPRM date for the rule was in November 2008. The New Administration It will be interesting to see how the Obama Administration deals with these rules. Implementing the 9-11 Commission recommendations was a big part of the Democrat’s legislative agenda when they came into power in the House in 2007. The current economic conditions may put a damper on their enthusiasm for pushing these rules, but I expect that they might just yet see the light of day.