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Federal Register / Vol. 86, No. 84 / Tuesday, May 4, 2021 / Rules and Regulations TSA determine that an additional extension of time for submission of the security training program is necessary based upon the impact of the COVID
19 public health crisis, TSA will publish a document in the Federal Register announcing an updated compliance date for this requirement.
D. Extending Initial Training Deadline for Certain Owner/Operators Almost thirty percent of owner/
operators required to submit a training program have already submitted them to TSA. For those owner/operators that submitted a training program to TSA for approval by the current deadline March 22, 2021, TSA is revising 49 CFR
1570.111a to ensure we do not disadvantage these owner/operators who were able to submit their programs, but who may still be addressing the operational issues related to COVID19
that make compliance difficult particularly related to identifying and training security-sensitive employees during a time when employment may be more fluid based on demand and the impact of sick employees.
TSA has determined that in light of the unprecedented circumstances created by the COVID19 pandemic, past rule delays, and the additional compliance date delay described above, it is in the public interest to grant owner/operators who submitted their training programs to TSA by the March 2021 deadline an additional 90 days 15
months instead of 12 months from the date of TSA approval to complete the initial training required by 49 CFR
1570.111. This modification will ensure owner/operators who submitted their training programs to TSA for approval by the current deadline are treated equitably compared to those who wait until the extended deadline to submit their programs. TSA is making certain non-substantive changes to 1570.111a as necessary to clearly reflect this distinction and the compliance deadlines for initial training.

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E. Economic Relief Related to the COVID19 Pandemic Under E.O. 14002 of January 22, 2021
Economic Relief Related to the COVID
19 Pandemic, federal agencies are required to identify actions they can take within existing authorities to address the current economic crisis submitted to TSA, the agency has 60 days 2
months to review and approve a security program, with the ability to extend the review period and/
or require the owner/operator to modify the program, which would stay the 60-day period.

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resulting from the pandemic. 19
Agencies are further directed to prioritize actions that provide the greatest relief to individuals, families, and small businesses; and to State, local, Tribal, and territorial governments. 20
This action supports economic recovery by delaying the impact of TSAs regulatory requirements as applied to freight railroads responsible for moving cargo across the country, small businesses such as some OTRB
owner/operators, and the State and local governments operating public transportation systems. Delaying the compliance dates described above will allow these regulated entities to focus on serving the needs of their customers and the communities they serve, ensuring the safety of their employees, and implementing the federal governments requirements for masks to be worn within the nations commercial and public transportation systems.
IV. Regulatory Analysis A. Administrative Procedure Act TSA takes this action without prior notice and public comment. Sections 553b and d of the Administrative Procedure Act 5 U.S.C. 553 authorize agencies to dispense with certain rulemaking procedures when they find good cause to do so. Under section 553b, the requirements of notice and opportunity to comment do not apply when the agency for good cause finds that these procedures are impracticable, unnecessary, or contrary to the public interest. Section 553d allows an agency, upon finding good cause, to make a rule effective immediately, thereby avoiding the 30day delayed effective date requirement in section 553.
This final rule recognizes the need to extend the compliance deadline for the requirement in the Security Training Final Rule that would be most difficult for owner/operators to implement during the current COVID19 public health crisis and the significant disruption and uncertainty in both private and local government operations caused by this crisis. Specifically, TSA
is extending the period during which owner/operators must develop a security training program for their employees and submit the program to TSA for approval. Delaying this requirement also effectively delays the deadline for training employees.
TSA has good cause to delay the compliance deadlines without advance 19 See E.O. 14002 at Sec. 2a, published at 86 FR
7229 Jan. 27, 2021.
20 Id. at Sec. 2b.

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notice and comment or a delayed effective date.21 To delay taking this action while waiting for public comment would be impracticable and contrary to the public interest. The owner/operators subject to the requirements of the final rule need immediate certainty regarding the deadlines of the final rule so that they may focus on other urgent issues affecting their operations.
Given that the rule does not impose new requirements, provides regulatory relief consistent with E.O. 14002 of January 22, 2021, and otherwise only involves technical corrections to an existing regulation, TSA finds sufficient good cause exists to dispense with an opportunity for notice-and-comment and the 30-day effective date requirement. The rule will, therefore, be effective immediately upon publication.
B. Paperwork Reduction Act The Paperwork Reduction Act of 1995
PRA 22 requires federal agencies to consider the impact of paperwork and other information collection burdens imposed on the public and, under the provisions of PRA section 3507d, obtain approval from the Office of Management and Budget OMB for each collection of information. OMB has approved the collection of information for the Security Training Final Rule under OMB control number 16520066.
While this rule delays the timing of submission, it does not modify the collection burdens that OMB has already approved.
C. Executive Orders 12866 and 13563
E.O. 12866 of September 30, 1993
Regulatory Planning and Review and E.O. 13563 January 18, 2011 Improving Regulation and Regulatory Review direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits including potential economic, environmental, public health and safety effects, distributive impacts, and equity. E.O. 13563 emphasizes the importance of quantifying costs and benefits, reducing costs, harmonizing rules, and promoting flexibility.
E.O. 12866 defines significant regulatory action as one that is likely to result in a rule that may 1 have an annual effect on the economy of $100
million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or 21 See 22 See
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5 U.S.C. 553bB, d.
44 U.S.C. 3501 et seq.

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