Yesterday the Transportation Security Administration (TSA)
published a notice in the Federal Register (78 FR11216)
that they had posted a summary report of their surface transportation enforcement
actions taken in 2012 on the Federal eRulemaking Portal (www.Regulations.gov; Docket # TSA-2009-0024)[NOTE:
There seems to be some sort of problem with www.Regulations.gov
this evening][NOTE as of 0500 EST 2-19-13 www.Regulations.gov is operational]. This report is required by 49
USC 114(v)(7)(A).
The report
for 2012 notes that there were 27 enforcement actions taken by TSA as a
result of findings made by surface transportations security inspectors. The
violations covered three general regulatory areas:
• Rail
Car Chain of Custody – 49 CFR 1580.107 – 18 Instances;
• Reporting
Significant Security Concern – 49 CFR 1580.105 or 1580.203 – 4 Instances;
• Rail
Car Location and Shipping Information 49 CFR 1580.103 – 2 Instances;
• Rail Security
Coordinator – 49 CFR 1580.101 – 1 Instance;
• TWIC –
Fraudulent Use or Manufacture – 49 CFR 1570.7(b) – 1 Instance; and
• TWIC – Fraud
and Intentional Falsification – 49 CFR 1570.5(a) – 1 Instance.
TSA may assess civil penalties of up to $10,000 per violation
of surface transportation security requirements under 49 USC or TWIC violations
under 46 USC. The maximum assessed in 2012 was $50,000 for a single individual
for TWIC violations. Only two other civil penalties were assessed in 2012.
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