HM 232E  Final Rule Rail Safety & Security 

Comments: The Pipeline and Hazardous Materials Safety Administration, in coordination with the Federal Railroad Administration (FRA) and the Transportation Security Administration (TSA), is improving safety by revising the current requirements in the Hazardous Materials Regulations applicable to the safe and secure transportation of hazardous materials by rail. We are requiring rail carriers to compile annual data on certain shipments of explosive, toxic by inhalation, and radioactive materials; use the data to analyze safety and security risks along rail routes where those materials are transported; assess alternative routing options; and make routing decisions based on those assessments. We are also clarifying rail carriers' responsibility to address in their security plans issues related to en route storage and delays in transit. In addition, we are adopting a new requirement for rail carriers to inspect placarded hazardous materials rail cars for signs of tampering or the presence of suspicious items, including improvised explosive devices. We adopted these requirements in an interim final rule published April 16, 2008. This final rule fulfills requirements in Section 1551 of the Implementing Recommendations of the 9/11 Commission Act of 2007. Also, in today's edition of the Federal Register, both FRA and TSA are publishing final rules adopting requirements and procedures that promote rail transportation Security.---------------------------------------------------------------------------

    \1\ This rulemaking was formerly designated as HM-232E; however, with the transition to a new government-wide regulations portal, docket number nomenclature has since changed. Some references to the old docket number are still present in this document.

---------------------------------------

DATES: This final rule is effective December 26, 2008.

FOR FURTHER INFORMATION CONTACT: William Schoonover, (202) 493-6229, Office of Safety Assurance and Compliance, Federal Railroad Administration; or Susan Gorsky or Ben Supko, (202) 366-8553, Office of Hazardous Materials Standards, Pipeline and azardous Materials Safety Administration.

For Complete Info: http://edocket.access.gpo.gov/2008/E8-27826.htm

TSA-2006-24191 Final Rule TWIC and Hazmat Endorsement

Comments: The Department of Homeland Security (DHS), through the United States Coast Guard (Coast Guard) and the Transportation Security Administration (TSA), issues this final rule to realign the compliance date set forth in the Transportation Worker Identification Credential (TWIC) final rule. Under the new final compliance date mariners must obtain a TWIC no later than April 15, 2009. This final rule also extends to April 15, 2009, the final date by which owners and operators of vessels, facilities, and outer continental shelf facilities, who have not otherwise been required to implement access control procedures utilizing TWIC on an earlier date, must implement those procedures.

This final rule is effective May 7, 2008.

For Complete Info: http://edocket.access.gpo.gov/2008/E8-10232.htm

Final Rule TSA-2006-24191

Comments: The Department of Homeland Security (DHS), through the Transportation Security Administration (TSA) and the United States Coast Guard (Coast Guard), issues this final rule to amend provisions of its previously issued final rule, to allow for greater participation in the TWIC program and codify final fees to obtain a TWIC. This final rule continues to further secure our Nation's ports and modes of transportation, and also implements the Maritime Transportation Security Act of 2002 (MTSA) and the Security and Accountability for Every Port Act of 2006 (SAFE Port Act). Those statutes require credentialed merchant mariners and individuals with unescorted access to secure areas of vessels and facilities to undergo a security threat assessment and receive a biometric credential, known as a Transportation Worker Identification Credential (TWIC).

For Complete Info: http:/edocket.access.gpo.gov/2007/07-4750.htm

TWIC Hazmat Endorsements Extended

The Department of Homeland Security (DHS), through the United States Coast Guard (Coast Guard), issues this final rule to extend compliance dates 
for the redesignation of secure areas. The Coast Guard is delaying the date by which facilities wishing to redefine their secure areas must submit an 
amendment to their facility security plan. Amendments to facility security plans are now due by September 4, 2007.

This final rule is effective July 13, 2007. 

http://edocket.access.gpo.gov/2007/07-3447.htm

TSA Extends Air Cargo Security Compliance Dates

Comments: This interim final rule (IFR) amends the Air Cargo Security Requirements final rule (Air Cargo Final Rule) by extending the compliance dates by which aircraft operators, foreign air carriers, and indirect air carriers (IACs) must ensure that their employees and agents with unescorted access to cargo, and IAC proprietors, general partners, officers, directors, and certain owners of the entity successfully complete a Security Threat Assessment (STA). This extension is based on technology problems that TSA is experiencing with the processing of STA applications.

Effective Date: This rule is effective March 20, 2007.    Comment Date: Comments must be received by May 21, 2007.    Compliance Dates: Compliance date for STAs for employees under Sec. Sec.  1544.228, 1546.213, 1548.15, and for IAC proprietors,

general partners, officers, directors and certain owners of the entity under Sec.  1548.16: Changed from March 15, 2007, to a requirement that the operators submit names and other identifying information to TSA by May 15, 2007. The date that all covered individuals must have successfully completed the STAs is extended to a date that TSA will specify in a future notice in the Federal Register.

For Complete Info: http://edocket.access.gpo.gov/2007/07-1327.htm

TSA-2006-24191 - Hazardous Materials Endorsement for a Commercial Driver's License

Comments: The Department of Homeland Security (DHS), through the Transportation Security Administration (TSA) and the United States Coast Guard (Coast Guard), issues this final rule to further secure our Nation's ports and modes of transportation. This rule implements the Maritime Transportation Security Act of 2002 and the Security and Accountability for Every Port Act of 2006. Those statutes establish requirements regarding the promulgation of regulations that require credentialed merchant mariners and workers with unescorted access to secure areas of vessels and facilities to undergo a security threat assessment and receive a biometric credential, known as a Transportation Worker Identification Credential (TWIC). After DHS publishes a notice announcing the compliance date for each Captain of the Port (COTP) zone, persons without TWICs will not be granted unescorted access to secure areas at affected maritime facilities. Those seeking unescorted access to secure areas aboard affected vessels, and all Coast Guard credentialed merchant mariners must possess a TWIC by September 25, 2008. This final rule will enhance the security of ports by requiring such security threat assessments of persons in secure areas and by improving access control measures to prevent those who may pose a security threat from gaining unescorted access to secure areas of ports.

For Complete Info: http://edocket.access.gpo.gov/2007/07-19.htm

TSA - NPRM - Rail Transportation Security

Comments: This proposal would enhance the security of our Nation's rail transportation system. The Transportation Security Administration (TSA) proposes security requirements for freight railroad carriers; intercity, commuter, and short-haul passenger train service providers; rail transit systems; and rail operations at certain, fixed-site facilities that ship or receive specified hazardous materials by rail. This rule proposes to codify the scope of TSA's existing inspection program and to require regulated parties to allow TSA and Department of Homeland Security (DHS) officials to enter, inspect, and test property, facilities, and records relevant to rail security. This rule also proposes that regulated parties designate rail security coordinators and report significant security concerns to DHS. TSA further proposes that freight rail carriers and certain facilities handling hazardous materials be equipped to report location and shipping information to TSA upon request and to implement chain of custody requirements to ensure a positive and secure exchange of specified hazardous materials. TSA also proposes to clarify and extend the sensitive security information (SSI) protections to cover certain information associated with rail transportation. This proposal would allow TSA to enhance rail security by coordinating its activities with other Federal agencies, which would also avoid duplicative inspections and minimize the compliance burden on the regulated parties. This proposed rule is intended to augment existing rail transportation laws and regulations that the Department of Transportation (DOT) administers. In today's edition of the Federal Register, the Pipeline and Hazardous Materials Safety administration (PHMSA) is publishing an NPRM proposing to revise the current requirements in the Hazardous Materials Regulations applicable to the safe and secure transportation of hazardous materials transported in commerce by rail.
Submit comments by February 20, 2007.

For Complete Info: http://edocket.access.gpo.gov/2006/E6-21512.htm

TSA-2004-19515 - Air Cargo Security Requirements

Comments: This interim final rule (IFR) amends the Air Cargo Security Requirements final rule (Air Cargo Final Rule) (published May 26, 2006, and corrected in June 2006) by extending the compliance dates by which certain requirements must be completed. TSA has concluded that the regulated community will be unable to meet some deadlines in the Air Cargo Final Rule because of the large number of employees and agents subject to the requirements. TSA is, therefore, extending dates for the following requirements: That aircraft operators, foreign air carriers, and indirect air carriers (IACs) ensure that their employees and agents with unescorted access to cargo successfully complete a Security Threat Assessment (STA); that IACs ensure that their employees and agents performing security-related duties are trained in the IAC's security program; and that airport operators ensure that individuals with unescorted access to expanded Security Identification Display Areas (SIDA) are subjected to a criminal history records check (CHRC) and a name-based security threat assessment (STA), receive proper security training, and hold appropriate personnel identification.
Effective Date: This rule is effective October 23, 2006. Comment Date: Comments must be received by December 26, 2006. Compliance Dates: Compliance date for STAs for employees under Sec. Sec. 1544.228, 1546.213, 1548.15, and for IAC proprietors, general partners, officers, directors and certain owners of the entity under Sec. 1548.16: Changed from December 1, 2006 to March 15, 2007. Compliance date for STAs for agents under Sec. Sec. 1544.228, 1546.213 and 1548.15: Changed from December 1, 2006 to June 15, 2007. Compliance date for training of IAC employees under Sec. Sec. 1548.11: Remains November 22, 2006.
Compliance date for training of IAC agents Sec. Sec. 1548.11: Changed from November 22, 2006 to June 15, 2007. Compliance date for submission and approval of extension of Secure Identification Display Area (SIDA) boundaries to cargo areas under
Sec. 1542.205(a)(2) and (3): Remains October 23, 2006. Compliance date for full compliance with requirements for individuals with unescorted access to expanded SIDA under Sec. Sec. 1542.205(b)(2), 1542.209, 1542.211, 1542.213, and Security Directives: Changed from October 23, 2006 to January 22, 2007.

For Complete Info: http://edocket.access.gpo.gov/2006/06-8904.htm

Mexican & Canadian Drivers & Hazmat Endorsement - TSA-2006-25541

Comments: This interim rule announces that a commercial motor vehicle driver licensed in Canada or Mexico who holds a Free and Secure Trade (FAST) program card may use that card as an acceptable credential to transport placarded amounts of hazardous materials or any quantity of a material listed as a select agent or toxin in 42 CFR part 73 within the United States. The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) requires that, as of August 10, 2006, commercial motor vehicle drivers licensed in Canada or Mexico who transport hazardous materials in the United States must undergo a background check similar to the one required of U.S.-licensed operators with a hazardous materials endorsement (HME) on a commercial drivers license (CDL). The Transportation Security Administration (TSA) has determined that the background check required to obtain a credential under the FAST program meets the background check requirements of SAFETEA-LU. TSA invites comment on any other existing background check programs that satisfy the requirements under SAFETEA-LU. This interim rule also removes pre-existing procedures for commercial drivers who transport explosives into the United States from Canada, and replaces it with a revised provision that applies to commercial drivers who transport explosives, as well as other hazardous materials, into and within the United States.

This rule is effective on August 10, 2006.

Comment Date: Comments must be received by October 6, 2006. 

For Complete Info: http://edocket.access.gpo.gov/2006/06-6754.htm

Air Cargo Security Requirements - TSA-2004-19515

Comments: The Transportation Security Administration is amending its regulations to enhance and improve the security of air cargo transportation. This final rule requires airport operators, aircraft operators, foreign air carriers, and indirect air carriers to implement security measures in the air cargo supply chain as directed under the Aviation and Transportation Security Act. This final rule also amends the applicability of the requirement for a ``twelve-five'' security program for aircraft with a maximum certificated takeoff weight of 12,500 pounds or more to those aircraft with a maximum certificated takeoff weight of more than 12,500 pounds to conform to recent legislation.

Effective Date: This final rule is effective October 23, 2006. Compliance Date: By November 22, 2006, Indirect air carriers must comply with the requirements for Indirect air carrier training under Sec. 1548.11. By December 1, 2006, aircraft operators, foreign air carriers, and indirect air carriers must comply with the requirements for-- Security threat assessments under Sec.1544.228, 1546.213, 1548.15, and 1548.16; and Indirect air carriers that do not currently hold a security program under part 1548, and that offer cargo to an aircraft operator operating under a full all-cargo program or a comparable foreign air carrier under Sec. 1546.101(e), establishment of, and operation under, a TSA security program in part 1548.

For Complete Info: http://edocket.access.gpo.gov/2006/06-4800.htm

Transportation Worker Identification Credential (TWIC)

Comments: This is a notice of proposed rulemaking by the Department of Homeland Security, specifically by the Transportation Security Administration and the United States Coast Guard. If promulgated, this rule would implement the Transportation Worker Identification Credential program in the maritime sector. Under this program, merchant mariners holding an active License, Merchant Mariner Document, or Certificate of Registry and workers who require unescorted access to secure areas at maritime facilities or on vessels must undergo a security threat assessment, and, if found to not pose a security threat, obtain a Transportation Worker Identification Credential.

Persons without Transportation Worker identification Credentials will not be granted unescorted access to secure areas at affected maritime facilities or on vessels.

For Complete Info: http://edocket.access.gpo.gov/2006/06-4508.htm

TSA To Hold Public Meeting Concerning Cargo Screening

Comments: Notice of this meeting is given under the Federal Advisory Committee Act (FACA), Pub. L. 92-463, as amended, (5 U.S.C. App 1 et seq). The ASAC will meet to receive a presentation of the report and recommendations of the Freight Assessment System (FAS) working group. FAS would analyze information about shipments of air cargo in order to identify elevated risk air cargo and enable targeted screening of 100% of that cargo prior to loading it on an aircraft. This meeting, from 12 p.m. to 1:30 p.m., is open to the public but telephonic conferencing capacity is limited. Members of the public who wish to monitor the discussion may dial into this telephonic meeting by dialing (888) 809-8967. At the prompt, provide the conference code ``ASAC'' (pronounced ``A-sack''). Parties calling from locations outside the United States may contact the person listed under the heading FOR FURTHER INFORMATION CONTACT, for international calling instructions.

For Complete Info: http://edocket.access.gpo.gov/2005/05-7391.htm

Comments: Speaking at the National Fire and Emergency Services Dinner last night, Secretary of Homeland Security Michael Chertoff announced that the Department of Homeland Security (DHS) has recommended continuation of the placard system for hazardous materials transported by rail. The placards are designed to ensure the safety of citizens and first responders and the decision came after the completion of a comprehensive study that included input from first responders, rail operators and other key stakeholders.

For Complete Info: http://www.dhs.gov/dhspublic/index.jsp

Security Threat Assessment for Individuals Applying for a Hazardous Materials Endorsement for a Commercial Driver's License

Summary: TSA is amending standards relating to security threat assessments of commercial truck drivers who are authorized to transport hazardous materials. TSA is adding definitions, and making organizational and substantive changes to the current standards codified at 49 Code of Federal Regulations (CFR) part 1572. First, this
rule requires each State to declare whether it wishes to capture and submit fingerprints, applicant information, and fees itself, or alternatively chooses to have TSA complete those tasks. Second, TSA is changing the standards to permit certain aliens who are qualified to hold a commercial drivers license to apply for a security threat assessment. Third, TSA is removing one felony offense, simple drug possession, from the list of disqualifying crimes, and adding unlawful purchase, receipt, transfer, shipping, transporting, import, export, and storage of a firearm or explosives to the list. TSA is reclassifying the criminal offense of arson as an interim rather than permanent disqualifier, and reclassifying the offense of murder as a permanent rather than an interim disqualifier. TSA now prohibits individuals convicted of the most serious crimes, such as treason, from applying for a waiver. TSA is increasing the response time limits for appeals and waivers. TSA is changing the rule concerning transferring a hazardous materials endorsement from one State to another so that drivers do not have to undergo a new background check when obtaining a license in a new State, subject to some restrictions. TSA is enhancing the appeal procedures for an individual who is determined to pose a security threat as a result of the intelligence-related check. The rule moves the start date of the fingerprint-based checks for transfer and renewal applicants to May 31, 2005. The rule no longer requires the States to forward all driver applications to TSA, but the States must retain the applications for one year. States that elect to collect fingerprints and driver information must submit the information and fingerprints electronically, with some initial assistance from TSA. Finally, TSA is reducing the amount of advance notice the States must provide to drivers who hold hazardous materials endorsements regarding the need for a security threat assessment upon renewal. TSA is making these changes in response to comments received from the affected parties and to clarify further the implementation of this program.

DATES: Effective Date: This rule is effective November 24, 2004.
Comment Date: Submit comments by December 27, 2004.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/04-26066.htm

Protecting Sensitive Security Information

Summary: TSA is revising its regulation governing the protection of sensitive security information (SSI) in order to protect the confidentiality of maritime security measures adopted under the U.S. Coast Guard's regulations, published on October 22, 2003, implementing the Maritime Transportation Security Act (MTSA) and other activities related to port and maritime security. SSI is information that TSA has determined must be protected from improper disclosure in order to ensure transportation security. TSA's SSI regulation establishes certain requirements for the handling and dissemination of SSI, including restrictions on disclosure and civil penalties for violations of those restrictions. Currently, the SSI regulation applies primarily to information related to aviation security. Airlines, airports, and others operating in civil aviation are required to limit access to this information to those personnel who need it to carry out their security functions.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/04-11142.htm

Coast Guard Announces Self-Assessment Risk Module

Summary: TSA announces the availability of the TSA Maritime Self-Assessment Risk Module (TMSARM), developed to support the United States Coast Guard's (USCG) regulatory efforts promulgated pursuant to the Maritime Transportation Security Act (MTSA) of 2002. MTSA regulations mandate that any facility or vessel that might be involved in a transportation security incident conduct a vulnerability assessment and submit a security plan to the USCG by December 31, 2003. The Coast Guard published a series of final rules implementing portions of the maritime security initiatives mandated by MTSA, including the vulnerability assessment and security plan requirements. The USCG final rules provide a list of tools that may be used to conduct vulnerability self-assessments. This list includes TMSARM, a no-cost, web-based, flexible vulnerability assessment tool designed by TSA specifically to meet the requirements of MTSA.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-30281.htm

TSA Implements Random Inspection of Air Cargo

Summary: The Department of Homeland Security's Transportation Security Administration (TSA) has issued security directives to require random inspection of air cargo and to require foreign all-cargo air carriers to comply with the same cargo security procedures that domestic air carriers must follow. Passenger aircraft that carry cargo and all-cargo planes, both foreign and domestic, will be subject to the random inspections on flights within, into, and out of the U.S. Inspections will be done by the carriers. TSA will ensure that inspections are completed properly.

For Complete Info: http://releases.usnewswire.com/GetRelease.asp?id=160-11172003

Nuclear Regulatory Commission Publishes safeguards and security plans requirements

Summary: The licensees identified in Attachment 1 to this Order have been issued a specific license by the U.S. Nuclear Regulatory Commission (NRC or Commission) authorizing the possession of spent nuclear fuel and a general license authorizing the transportation of spent nuclear fuel [in a transportation package approved by the Commission] in

accordance with the Atomic Energy Act of 1954, as amended, and 10 CFR Parts 50 and 71. This Order is being issued to all such licensees who transport spent nuclear fuel. Commission regulations for the shipment of spent nuclear fuel at 10 CFR 73.37(a) require these licensees to maintain a physical protection system that meets the requirements contained in 10 CFR 73.37(b), (c), (d), and (e).

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-27331.htm