Today the Transportation Security Administration published
a notice of proposed rulemaking (NPRM) in the Federal Register (77 FR
35343-35349) concerning the establishment of fees for the security threat
assessments (STAs) that serve as the basis for the fees for such identification
credentials as the Transportations Workers Identification Credential (TWIC) and
the Hazardous Materials Endorsement (HME).
Currently the TSA is required to collect fees for the issuance
of TWICs and HMEs that cover the cost of the STAs. These fees are currently
written into the appropriate regulations; 49 CFR §1572.403, §1572.405, and §1572.501.
TSA is proposing to remove the fee amount listing from the CFR and establish a
requirement to publish changes to the fee schedule in the Federal Register.
TSA explains the reason
for making this change in this way:
“Absent the ability to amend fees
through notice rather than rulemaking, TSA is less likely to make timely
changes to fees when associated costs change, such as contracts or vendor
pricing, and when such changes are made, there is an increased likelihood that
they would be more dramatic. Amending fees through notice would allow for more
incremental changes and reduce the risk of TSA suspending issuance of
credentials to meet HME or TWIC program requirements or decreasing services
until a rule change is completed to reflect the new fee amount.” (77 FR 35347)
No Significant Economic Impact
TSA further explains that because this is an ‘administrative’
change making no changes in the procedures that private entities will be
following that they certify “that this rulemaking would not have a significant
economic impact on a substantial number of small entities. However, TSA invites
comments from members of the public who believe there would be a significant impact”
(77 FR 35348).
Of course this does not address the potential for more
frequent fee changes. Since most of these changes will be increases (Has a
government agency ever reduced fees?) in fees and many employers actually pay
the TWIC and HME fees, this could result in a ‘significant’ increase in costs.
Public Comment
TSA is soliciting public comment on this NPRM. Comments must
be filed by July 30th. Comments can be filed via the Federal
eRulemaking Portal (www.Regulations.gov;
Docket Number TSA-2004-19605).
Posts
2 comments:
Pat,
The answer to your question “Has a government agency ever reduced fees?” is yes. On December 20, 2011, the FBI published a $2.75 reduction in the cost of finger-print-based Criminal History Record Information checks, effective March 19, 2012. This prompted TSA to announce, sometime before the end of January 2012, that the cost of both TWICs and HMEs would also drop by that amount, as of that date in March.
FBI Federal Register Notice: http://www.gpo.gov/fdsys/pkg/FR-2011-12-20/pdf/2011-32544.pdf
TSA Announcement: http://www.tsa.gov/what_we_do/layers/twic/index.shtm
Regards,
John
PJ, thank you for your usual insightful post. I have no doubt that TSA will be granted this "administrative change." "Through notice rather than through rulemaking" is a significant phrase. It indicates the dilemma that agencies find themselves in with these current times. If only the most urgent regulations will pass by the hatchet of OMB, agencies have to find other tools to make needed changes. But those other tools don't come with the safeguards and processes that accompany the regulatory procedure. We are handing over the people's power to the agencies; it behooves us then not to yell and scream if the agencies do what they have to do to get the train moving down the tracks.
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