TSA Publishes Summary of Surface Transportation Enforcement Actions

Yesterday the Transportation Security Administration (TSA) published a notice in the Federal Register (78 FR11216) that they had posted a summary report of their surface transportation enforcement actions taken in 2012 on the Federal eRulemaking Portal (www.Regulations.gov;  Docket # TSA-2009-0024)[NOTE: There seems to be some sort of problem with www.Regulations.gov this evening][NOTE as of 0500 EST 2-19-13 www.Regulations.gov is operational]. This report is required by 49 USC 114(v)(7)(A).

The report for 2012 notes that there were 27 enforcement actions taken by TSA as a result of findings made by surface transportations security inspectors. The violations covered three general regulatory areas:

• Rail Car Chain of Custody – 49 CFR 1580.107 – 18 Instances;

• Reporting Significant Security Concern – 49 CFR 1580.105 or 1580.203 – 4 Instances;

• Rail Car Location and Shipping Information 49 CFR 1580.103 – 2 Instances;

• Rail Security Coordinator – 49 CFR 1580.101 – 1 Instance;

• TWIC – Fraudulent Use or Manufacture – 49 CFR 1570.7(b) – 1 Instance; and

• TWIC – Fraud and Intentional Falsification – 49 CFR 1570.5(a) – 1 Instance.

TSA may assess civil penalties of up to $10,000 per violation of surface transportation security requirements under 49 USC or TWIC violations under 46 USC. The maximum assessed in 2012 was $50,000 for a single individual for TWIC violations. Only two other civil penalties were assessed in 2012.