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Federal Register / Vol. 86, No. 84 / Tuesday, May 4, 2021 / Rules and Regulations
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Motor Carrier SCC, and Short Line Industry Lead for the Rail SCC sent a letter to the Senior Official Performing the Duties of the TSA Administrator requesting a further 90-day delay in the date by which regulated entities must submit their security training program to TSA. Their request was based on the ongoing impact of the COVID19 public health crisis and the likelihood that the development of the security training program rests with the same subject matter leads that remain focused on containing the spread of, and mitigating risks posed by, the pandemic. 7 For example, many of the regulated entities subject to the requirements of this rule are also subject to the mask requirements imposed pursuant to Executive Order E.O. 13998 of January 21, 2021 Promoting COVID19 Safety in Domestic and International Travel,8
as further directed and implemented pursuant to the Secretary of Homeland Securitys January 27, 2021, Determination of a National Emergency Requiring Actions to Protect the Safety of Americans Using and Employed by the Transportation System,9 the Centers for Disease Control and Preventions Order,10 TSAs security directive issued under the authority of 49 U.S.C. 114,11
and additional actions taken by the operating administrations of the Department of Transportation.12
7 See Docket No. TSA201500010050 at Regulations.gov for Letter from Thomas Farmer of the Association of American Railroads; Polly Hanson of the American Public Transportation Association; Chief Ronald Pavlik of the Washington Metropolitan Area Transportation Authority;
Colonel Ret. Michael Licata, Academy Bus; and JR
Gelnar of the American Short Line and Regional Railroad Association dated Feb. 19, 2021, as respective chairs of the SCCs referenced above.
8 Published at 86 FR 7205 Jan. 26, 2021.
9 Acting Secretary David P. Pekoske, Determination of a National Emergency Requiring Actions to Protect the Safety of Americans Using and Employed by the Transportation System Jan.
27, 2021, available at https www.dhs.gov/
publication/determination-national-emergencyrequiring-actions-protect-safety-americans-usingand last visited Mar. 25, 2021.
10 See Centers for Disease Control and Prevention, Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 FR 8025 Feb. 3, 2021.
11 See Security Directive 1582/842101, applicable to passenger railroads, intercity bus services, and public transportation. TSA
simultaneously issued directives applicable to airports, aircraft operators, and foreign air carriers.
All of these directives are available at: https
www.tsa.gov/sd-and-ea.
12 See, e.g., Emergency Order No. 32, Notice No.1, of the Federal Railroad Administration, Emergency Order Requiring Face Mask Use in Railroad Operations dated Feb. 24, 2021, available at https railroads.dot.gov/sites/fra.dot.gov/files/
2021-02/Signed%20EO%2032
%20%28Face%20Masks%29%20%202.24.2021.pdf.

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B. Correcting Citation Errors As published, the regulatory text in the final rule contains several incorrect references to other provisions in the rule. First, TSA intended the applicability of the reporting security issues requirement in 49 CFR 1570.203
to align with the applicability of the security coordinator requirement in 1570.201. As noted in the preamble to the final rule, TSA intended the scope of the security coordinator and reporting requirement to apply to all rail entities covered by Rail Transportation Security rule published in 2008,13 plus Any bus operations of a public transportation owner/operator required to provide security training under this rule; and Any OTRB owner/operator required to provide security training under this rule. 14
TSAs intent is also reflected in the Regulatory Impact Analysis RIA for the final rule, which only included costs for expanding the current requirement to regulate bus-only transit agencies and OTRB operations in the higher-risk areas designated in the appendices to parts 1582 and 1584.15 Notwithstanding TSAs clear intention, the final rule incorrectly applies the reporting requirement to, among other entities, each owner/operator identified in . . . 1582.1. And 1582.1, which provides the scope for all of part 1582, broadly includes each public transportation agency. 16 To be consistent with TSAs intent, the applicability of the requirement to report significant security concerns should mirror the applicability of the requirement to have a security coordinator under 49 CFR 1570.201.
While 1570.201 also applies to each 13 See
73 FR 72129 Nov. 26, 2008.
85 FR at Table 2 and related discussion at 1646566.
15 See Security Training Programs for Surface Transportation Employees Final Regulatory Impact Analysis at sections 3.2.4 Cost of Implementing Security Training for Surface Mode Employees/
PTPR Industry Costs/Incident Reporting Cost and 3.3.4 Cost of Implementing Security Training for Surface Mode Employees/OTRB Industry Cost/
Incident Reporting Cost. The Final RIA is available in the docket for this rulemaking at Regulations.gov as TSA201500010040.
16 The scope in 1582.1 includes: 1 Each passenger railroad carrier; 2 each public transportation agency; 3 each operator of a rail transit system that is not operating on track that is part of the general railroad system of transportation, including heavy rail transit, light rail transit, automated guideway, cable car, inclined plane, funicular, and monorail systems; and 4 each tourist, scenic, historic, and excursion rail owner/
operator, whether operating on or off the general railroad system of transportation. The only exemption from the scope is for certain ferry systems that provide public transportation that are already subject to other regulatory requirements.
14 See
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public transportation agency, it excepts from the requirement a public transportation agency that owns or operates a bus-only operation unless the owner/operator is identified in appendix A to part 1582 of this subchapter or is otherwise notified by TSA in writing a that a threat exists concerning that operation. TSA is adding parallel language to 1570.203, to correct the technical error as it relates to public transportation agencies.
Second, the applicability of 49 CFR
1582.101c addresses passenger railroads that host freight railroads. As noted in the preamble to the proposed and final rules, TSA intends for passenger railroads to be responsible for ensuring security training requirements are met when they are hosting a freight railroad.17 The rule incorrectly cross references to 49 CFR 1580.301. Part 1580, however, does not include a 1580.301. The correct citation is to 1580.101.
Third, 1582.101c references passenger railroads identified in 1582.101a1 and a2. Again, these subsections do not exist. The correct citation is to 1582.101a and b. This final rule correction replaces the incorrect citations with the correct ones.
C. Compliance Deadline for Submission of Security Training Programs TSA recognizes the impact of COVID
19 on our surface stakeholders and the need to provide relief at a time when many owner/operators are simultaneously leveraging a range of resources to address multiple challenging circumstances, and struggling financially and limiting operations due to the effects of the COVID19 public health crisis. After considering the current operational environment and the purpose of this regulation, TSA has decided to further extend the compliance deadline in 1570.109b for security program submission from March 22, 2021, to June 21, 2021.
This extension would provide the industry with a total of 270 days of relief for submission of security training programs as compared to the original deadline of September 20, 2020, and extend the deadline for initial training of all employees in security-sensitive positions into the fall of 2022.18 Should 17 See 85 FR at 1646016461 Section II.A.4, Impact on Certain Business Operations and 16474
Section VII.A.3, Stakeholder Consultation/
Comments on definition of host railroad.
18 Under the rule, owner/operators have up to one year 12 months after their security training program is approved by TSA to provide initial training to all of their security-sensitive employees.
See 1570.111. Once the proposed program is
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