Review - TSA Publishes Surface Transportation Employee Vetting NPRM

Today, the Transportation Security Administration (TSA) published a notice of proposed rulemaking (NPRM) in the Federal Register (88 FR 33472-33522) for “Vetting of Certain Surface Transportation Employees”. The proposed regulations would implement provisions of the Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11 Act) that require security vetting of certain public transportation, railroad, and over-the-road-bus (OTRB) employees. A vetting fee schedule is included in the proposal.

Public Comments

The TSA is soliciting public comments on the proposed rule. Comments may be submitted via the Federal eRulemaking Portal (www.Regulations.gov: Docket # TSA-2023-0001). Comments should be submitted by August 21^st, 2023.

Commentary

Interestingly, the TSA did not appear to consider the option of using the current Transportation Workers Identification Credential as the mode for carrying out the vetting requirement for frontline employees, as was suggested in the Congressional mandate. I am sure that this will be mentioned in industry comments.

 

For more details about the provisions of this rulemaking, including a lengthier commentary, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/tsa-publishes-surface-transportation-aa8 - subscription required.

TSA Extends HME Renewal Exemption – 10-28-20

Today the Transportation Security Administration (TSA) published a notice in the Federal Register (85 FR 68357-68358) providing a further exemption for States to allow holders of a Hazardous Material Endorsement (HME) for a commercial drivers license to extend that HME for 180-days without requiring a new security threat assessment. The exemption would be extended through December 31^st, 2020. This exemption was initiated in March and earlier renewed in July. This extension, like the earlier TSA revision of surface transportation security training compliance dates, has been undertaken due to the impact of the COVID-19 pandemic.

The extension would allow States to provide a 180-day renewal extension without requiring a new security threat assessment for HME’s that expire after March 1^st, 2020. The new termination date for that authority would be December 31^st, 2020. HME holders would still be required to begin the security threat assessment process 60-days before the end of the State granted exemption.

The notice does make it clear that individuals “who were eligible for an extension of their HMEs during the initial exemption may continue to be eligible under this notice of extension of the exemption.” However, HME holders that were granted extensions in April and May of this year would have been required to have already begun the security threat assessment process to meet the 60-day deadline, so they may not need the new extension.

TSA Revises STA System of Records

The DHS Transportation Security Administration (TSA) is publishing a notice in Monday’s Federal Register (79 FR 46862-46866) concerning changes being made to the DHS Privacy Act System of Records for the Security Threat Assessment (STA) program. This is the system of records that TSA uses to collect and maintain information on STA’s and employment investigations for programs like the Transportation Worker Identification Credential (TWIC) and the Hazardous Materials Endorsement (HME) for State commercial driver’s licenses.

TSA is modifying the “Purposes” portion of the system of records description to update the actual uses TSA and DHS make of the information collected in the STA program. One interesting change is moving two categories of records (‘known or suspected terrorists’ and personnel requesting redress actions) from the “Categories of individuals” to the “Categories of Records” section of the description.

Interestingly, there is still no mention in this revised description of the STA system of records for use by the Chemical Anti-Terrorism Standards (CFATS) program’s personnel surety program (PSP). The OMB’s Office of Information and Regulatory Affairs (OIRA) still has not approved the CFATS program’s personnel surety program (an very likely will not until it Congress acts or fails to act on the CFATS bill (HR 4007) now pending in the Senate.