OMB Receives TSA Surface Transportation Security Training Rule

On Tuesday the OMB’s Office of Information and Regulatory Affairs (OIRA) received a notice of proposed rulemaking (NPRM) from the TSA covering surface transportation training requirements for security training. This rule was mandated by the Implementing Recommendations of the 9/11 Commission Act of 2007 (§1408 of PL 110-53) and was supposed to have been published in 2008.

According to the latest Unified Agenda abstract:

“This rule would require security awareness training for front-line employees for potential terrorism-related security threats and conditions pursuant to the 9/11 Act. This rule would apply to higher-risk public transportation, freight rail, and over-the-road bus owner/operators and take into consideration the many actions higher-risk owner/operators have already taken since 9/11 to enhance the baseline of security through training of their employees. The rulemaking will also propose extending security coordinator and reporting security incident requirements applicable to rail operators under current 49 CFR part 1580 to the non-rail transportation components of covered public transportation agencies and over-the-road buses.”

It will be interesting to see how long it takes OIRA to approve this NPRM. They have a number of rulemakings to review in order to avoid the midnight rule restrictions imposed by President Obama. This rulemaking hardly fits in the category of a last minute partisan rule.

PHMSA HAZMAT Security Plan ICR Renewal to OMB

On Friday the Office of Management and Budget (OMB) announced that the Pipeline and Hazardous Materials Safety Administration had submitted a renewal request, without change, for the current information collection request (ICR, OMB # 2137-0612) for Security Plans for shipping Hazardous Materials. This is a routine request to extend the current program.

An interesting entry in the OMB file is that PHMSA estimates the cost of this program to the Federal Government to be $0. As a taxpayer I am usually happy to see the government controlling costs, but I do remember the old adage, something that is ‘free’ is worth what you pay for it.

The reason that this program has no cost to the PHMSA is that organizations are not required to submit their plans for approval or even review. An inspector making a site visit might ask to see the security plan, but, even then, there is no authority for PHMSA to require changes as long as the plan is in existence. On the other hand, PHMSA doesn’t have much in the way of security experts on staff (that would be a TSA responsibility) so even if they had the authority they wouldn’t have the expertise to effectively review the security plans.

I would bet that there are trucking companies and shippers out there who take their hazmat shipping security responsibility seriously and attempt to really do effective security plans; I salute them. For the vast majority of organizations, however, I would bet that if the plans are prepared, they are treated like just another compliance issue. This would result in an EH&S officer (who in many cases will handle all government paperwork) crafting a simple document that is titled ‘Security Plan’ but does not really address security any more effectively than does their chain link fence.

Oh well, no terrorist has yet hijacked a hazmat truck in the United States and turned it into a chemical weapon. Of course, that means that it will never happen.