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Federal Register / Vol. 86, No. 84 / Tuesday, May 4, 2021 / Rules and Regulations Submission and approval.

G. Environment
List of Subjects

b
1 Submit its program to TSA for approval no later than June 21, 2021.
2 If commencing or modifying operations so as to be subject to the requirements of subpart B to 49 CFR
parts 1580, 1582, or 1584 after June 21, 2021, submit a training program to TSA
no later than 90 calendar days before commencing new or modified operations.

3. Amend 1570.111 by revising paragraph a to read as follows:

D. Regulatory Flexibility Act Assessment
49 CFR Part 1570

1570.111

The Regulatory Flexibility Act of 1980, 5 U.S.C. 601612, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 Pub.
L. 104121, requires federal agencies to consider the potential impact of regulations on small businesses, small government jurisdictions, and small organizations during the development of their rules. This final rule, however, makes changes for which notice and comment are not necessary.
Accordingly, DHS is not required to prepare a regulatory flexibility analysis.23
E. Executive Order 13132
A rule has federalism implications under E.O. 13132 of August 4, 1999
Federalism, if it has a substantial direct effect on State governments, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. DHS has analyzed this rule under E.O. 13132 and determined that although this rule affects the States, it does not impose substantial direct compliance costs or preempt State law.24 The rule relieves burdens on States.
F. Unfunded Mandates Assessment
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1570.109

safety, or state, local, or Tribal governments or communities; 2 create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; 3
materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights or obligations of recipients thereof; or 4 raise novel legal or policy issues arising out of legal mandates, the Presidents priorities, or the principles set forth in the E.O. OMB
has not designated this rule a significant regulatory action, under E.O. 12866. Accordingly, OMB has not reviewed it.

The Unfunded Mandates Reform Act of 1995 requires federal agencies to assess the effects of their regulatory actions. In particular, the Unfunded Mandates Reform Act of 1995 addresses actions that may result in the expenditure by a State, local, or Tribal government, in the aggregate, or by the private sector of $100 million adjusted for inflation or more in any one year.
This final rule will not result in such an expenditure.

TSA has reviewed this rulemaking for purposes of the National Environmental Policy Act of 1969 42 U.S.C. 4321
4347 and has determined that this action will not have a significant effect on the human environment. This action is covered by categorical exclusion number A3e in DHS Management Directive 02301 formerly Management Directive 5100.1, Environmental Planning Program, which guides TSA
compliance with the National Environmental Policy Act of 1969.

Commuter bus systems, Crime, Fraud, Hazardous materials transportation, Motor carriers, Over-the-Road bus safety, Over-the-Road buses, Public transportation, Public transportation safety, Rail hazardous materials receivers, Rail hazardous materials shippers, Rail transit systems, Railroad carriers, Railroad safety, Railroads, Reporting and recordkeeping requirements, Security measures, Transportation facility, Transportation Security-Sensitive Materials.
49 CFR Part 1582
Public transportation, Public transportation safety, Railroad carriers, Railroad safety, Railroads, Rail transit systems, Reporting and recordkeeping requirements, Security measures.
The Amendments and Corrections For the reasons stated in the preamble, the Transportation Security Administration is amending and making correcting amendments to 49 CFR parts 1570 and 1582 as follows:
PART 1570GENERAL RULES
1. The authority citation for part 1570
continues to read as follows:

Authority: 18 U.S.C. 842, 845; 46 U.S.C.
70105; 49 U.S.C. 114, 5103a, 40113, and 46105; Pub. L. 10890 117 Stat. 1156, Oct.
1, 2003, sec. 520 6 U.S.C. 469, as amended by Pub. L. 110329 122 Stat. 3689, Sept. 30, 2008 sec. 543 6 U.S.C. 469; Pub. L. 110
53 121 Stat. 266, Aug. 3, 2007 secs. 1402
6 U.S.C. 1131, 1405 6 U.S.C. 1134, 1408
6 U.S.C. 1137, 1413 6 U.S.C. 1142, 1414
6 U.S.C. 1143, 1501 6 U.S.C. 1151, 1512
6 U.S.C. 1162, 1517 6 U.S.C. 1167, 1522
6 U.S.C. 1170, 1531 6 U.S.C. 1181, and 1534 6 U.S.C. 1184.

Subpart BSecurity Programs 2. Amend 1570.109 by revising paragraphs b1 and 2 to read as follows:

23 See 24 See
5 U.S.C. 603, 604.
E.O. 13132, sec. 6.

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Implementation schedules.

a Initial security training. Each owner/operator required under parts 1580, 1582, or 1584 of this subchapter to adopt and carry out a security program must provide initial security training to security-sensitive employees, using the curriculum approved by TSA
and in compliance with the following schedule.
1 For security training programs submitted to TSA for approval on or before March 22, 2021, if the employee is employed to perform a securitysensitive function on the date TSA
approves the program, then initial training must be provided no later than fifteen months after the date that TSA
approves the owner/operators security training program.
2 For security training programs submitted to TSA for approval after March 22, 2021, if the employee is employed to perform a securitysensitive function on the date TSA
approves the program, then initial training must be provided no later than twelve months after the date that TSA
approves the owner/operators security training program.
3 If performance of a securitysensitive job function is initiated after TSA approves the owner/operators security training program, then initial training must be provided no later than 60 calendar days after the employee first performs the security-sensitive job function.
4 If the security-sensitive job function is performed intermittently, then no later than the 60th calendar day of employment performing a securitysensitive function, aggregated over a consecutive 12-month period.

4. Amend 1570.203 by revising paragraph a to read as follows:
1570.203
concerns.

Reporting significant security
a1 Except as provided in paragraph a2 of this section, each owner/

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