Friday, March 24, 2023

OMB Approves TSA Surface Transportation Employee Vetting NPRM

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved a TSA notice of proposed rulemaking for the “Vetting of Certain Surface Transportation Employees”. This rulemaking was mandated by the 9/11 Act (PL 110-53, Sections 1411, 1414, 1512, 1520, 1522, and 1531) and was supposed to have been completed by August 3rd, 2008.

The Fall 2022 Unified Agenda entry for this rulemaking notes:

“The 9/11 Act requires vetting of certain railroad, public transportation, and over-the-road bus employees.  Also, 6 U.S.C. 469 requires TSA to collect fees to recover the costs of the vetting services.  Through this rulemaking, the Transportation Security Administration (TSA) intends to propose the standards and procedures to conduct the required vetting and recover costs.  This regulation is related to 1652-AA55, Security Training for Surface Transportation Employees.”

There will be industry (and probably labor) opposition to this rulemaking as there was when MTSA and CFATS programs implemented their employee vetting programs. I suspect that TSA will take the easy route here and require/allow an expansion of the Transportation Workers Identification Credential (TWIC) program to cover these surface transportation workers.

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