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Federal Register / Vol. 86, No. 233 / Wednesday, December 8, 2021 / Notices
Entitlements SAVE System of Records Notice, 85 FR 31798 May 27, 2020.
Lynn Parker Dupree, Chief Privacy Officer, Department of Homeland Security.
FR Doc. 202126572 Filed 12721; 8:45 am BILLING CODE 91109LP

DEPARTMENT OF HOMELAND
SECURITY
Transportation Security Administration Docket No. TSA20090024

Enforcement Actions Summary Transportation Security Administration, DHS.
ACTION: Notice of availability.
AGENCY:

TSA is providing notice that it has issued an annual summary of all enforcement actions taken by TSA
under the authority granted in the Implementing Recommendations of the 9/11 Commission Act of 2007.
FOR FURTHER INFORMATION CONTACT:
Nikki Harding, Assistant Chief Counsel, Civil Enforcement, Office of the Chief Counsel, TSA2, Transportation Security Administration, 6595
Springfield Center Drive, Springfield, VA 205986002; telephone 571 227
4777; facsimile 571 2271378; email nikki.harding@tsa.dhs.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:

Background
jspears on DSK121TN23PROD with NOTICES1

On August 3, 2007, section 1302a of the Implementing Recommendations of the 9/11 Commission Act of 2007 the 9/11 Act, Public Law 11053, 121 Stat.
392, gave TSA authority to assess civil penalties for violations of any surface
transportation requirements under title 49 of the United States Code U.S.C.
and for any violations of chapter 701 of title 46 of the U.S.C., which governs transportation worker identification credentials TWICs.
Section 1302a of the 9/11 Act, codified at 49 U.S.C. 114u,1 authorizes the Secretary of Homeland Security to impose civil penalties of up to $10,000
per violation of any surface transportation requirement under 49
U.S.C. or any requirement related to TWICs under 46 U.S.C. chapter 701.
TSA exercises this function under delegated authority from the Secretary.
See DHS Delegation No. 70602.
Under 49 U.S.C. 114u7A, TSA is required to provide the public with an annual summary of all enforcement actions taken by TSA under this subsection; and include in each such summary the identifying information of each enforcement action, the type of alleged violation, the penalty or penalties proposed, and the final assessment amount of each penalty.
This summary is for calendar year 2020.
TSA will publish a summary of all enforcement actions taken under the statute in the beginning of the new calendar year to cover the previous calendar year.
Document Availability You can get an electronic copy of both this notice and the enforcement actions summary on the internet by 1 Searching the electronic Federal Docket Management System FDMS
web page at http www.regulations.gov, Docket No. TSA20090024; or 2 Accessing the Government Printing Offices web page at http
www.gpo.gov/fdsys/browse/
collection.action?collectionCode=FR to
view the daily published Federal Register edition; or accessing the Search the Federal Register by Citation in the Related Resources column on the left, if you need to do a Simple or Advanced search for information, such as a type of document that crosses multiple agencies or dates.
In addition, copies are available by writing or calling the individual in the FOR FURTHER INFORMATION CONTACT

section. Make sure to identify the docket number of this action.
Dated: December 2, 2021.
Kelly D. Wheaton, Deputy Chief Counsel, Enforcement and Incident Management.

December 2, 2021
Annual Summary of Enforcement Actions Taken Under 49 U.S.C. 114u Annual Report Pursuant to 49 U.S.C. 114u7A, TSA provides the following summary of enforcement actions taken by TSA in calendar year 2020 under section 114u.2
Background Section 114u of 49 U.S.C. gives the TSA authority to assess civil penalties for violations of any surface transportation requirements under 49
U.S.C. and for any violations of chapter 701 of 46 U.S.C., which governs TWICs.
Specifically, section 114u authorizes the Secretary of Homeland Security to impose civil penalties of up to $10,000
per violation 3 for violations of any surface transportation requirement under 49 U.S.C. or any requirement related to TWIC under 46 U.S.C. chapter 701.4

TSA case No.

Type of violation 5

2019SAN0156
2021SLC0056
2021JAX0030
2021MSP0003
2021SAN0007
2021SAN0012
2021OAK0017
2021CLT0020
2017MSY0184
2017MSY0189

Fraud/Falsification 49 CFR 1570.5b
Security Coordinator 49 CFR 1570.201de
TWIC Access Control 49 CFR 1570.301c
TWIC Access Control 49 CFR 1570.301c
TWIC Access Control 49 CFR 1570.301c
TWIC Access Control 49 CFR 1570.301c
TWIC Access Control 49 CFR 1570.7a1 and a2
TWIC Access Control 49 CFR 1570.7a1
TWIC Access Control 49 CFR 1570.7c
TWIC Access Control 49 CFR 1570.7c

1 Pursuant to division K, title I, sec. 1904b1I, of Public Law 115254, 132 Stat. 3186, 3545;
October 5, 2018, the TSA Modernization Actpart of the FAA Reauthorization Act of 2018, former 49
U.S.C. 114v was redesignated as 49 U.S.C. 114u.
2 49 U.S.C. 114u7A states: In general.the Secretary of Homeland Security shalli provide an annual summary to the public of all enforcement actions taken by the Secretary under this subsection; and ii include in each such summary the docket number of each enforcement action, the type of alleged violation, the penalty or penalties
VerDate Sep<11>2014

16:53 Dec 07, 2021

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Penalty proposed/assessed
proposed, and the final assessment amount of each penalty.
3 Pursuant to title VII, sec. 701 of Public Law 114
74 129 Stat. 583, 599; Nov. 2, 2015, the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015part of the Bipartisan Budget Act of 2015, this $10,000 civil penalty maximum is adjusted for inflation annually. See 49
CFR 1503.401b.
4 TSA exercises this function under delegated authority from the Secretary. See DHS Delegation No. 70602.

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$1,000/$1,000.
None Notice of Noncompliance.
None Warning Notice.
None Warning Notice.
None Warning Notice.
None Warning Notice.
None Warning Notice.
None Warning Notice.
None Warning Notice.
None Warning Notice.

5 On March 23, 2020, TSA promulgated a final rule which, among other things, reorganized Title 49 Chapter XII Subpart D, Maritime and Surface Transportation Security. For example, the regulation 49 CFR 1570.7, pertaining to fraudulent use and manufacture of credentials, is now located at 49 CFR 1570.301. This report cites to the regulatory violations as alleged in TSAs enforcement actions at the time of issuance.

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