Thursday, February 27, 2020

OMB Approves TSA Surface Security Employee Training Final Rule

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved the final rule from the Transportation Security Administration (TSA) on “Security Training for Surface Transportation Employees”. This final rule was submitted to OIRA back in July. The NPRM was published in December 2016. I did a series of blog posts on the provisions of the NPRM.

This rulemaking was mandated by Congress in the Recommendations of the 9/11 Commission Act of 2007 (PL 110-53) and codified at (6 USC 1137; 6 USC 1167; and 6 USC 1184). That mandate required that these rulemakings be completed by 2008. Needless to say this provides an interesting lesson in the efficacy of congressional mandates.

There was some thought in the industry when the NPRM was published that the Trump Administration would quash this rulemaking or at least fail to act on it. It will be interesting to see what changes have been made by an administration that is reluctant to regulate at best. This could be another rulemaking that makes it into the court system if this final rule deviates too far from the Congressional mandate.

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