Wednesday, November 9, 2016

OMB Approves TSA Surface Transportation Security Training NPRM

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved a notice of proposed rulemaking (NPRM) from the DHS Transportation Security Administration (TSA) regarding transportation security training requirements for surface transportation organizations. The rulemaking was submitted to the OMB back in July.

This rulemaking was required by Congress in 2007 in the Implementing Recommendations of the 9/11 Commission Act of 2007 (PL 110-53). Security training requirements for surface transportation organizations were specifically required by:

Section 1408 (6 USC 1137), Public transportation security training program;
Section 1517 (6 USC 1167), Railroad security training program;
Section 1534 (6 USC 1184), Over-the-road bus security training program;

Congress required that each of these training program rules to be established within six months of the adoption of the bill (August 3, 2007). Each of these training program requirements include the same program elements including the requirement to submit those training programs to DHS for approval.

There have recently been some significant delays in many rulemakings between the time of OIRA approval and publication in the Federal Register. This probably entails an internal requirement for additional justification of publishing rulemakings this late in the Obama administration. Since this has no chance of moving to a final rule until well after the Trump administration inauguration this rulemaking may escape that midnight rule review delay.

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