2023-10131: Vetting of Certain Surface Transportation Employees

Summary

The Transportation Security Administration (TSA) is proposing a regulation to implement provisions of the Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11 Act) that require security vetting of certain public transportation, railroad, and over-the-road-bus (OTRB) employees. In accordance with the 9/11 Act, TSA proposes to require security-sensitive employees of certain public transportation operators and railroads to undergo a Level 2 security threat assessment (STA) that includes an immigration check and terrorism watchlist check to determine whether the applicant may pose a security threat. Further, TSA proposes to require security coordinators of certain public transportation, railroad, and OTRB operators to undergo a Level 3 STA, which includes the Level 2 check plus a criminal history records check. TSA proposes appeal and waiver procedures for individuals who are adversely impacted by the vetting. Finally, TSA proposes to establish user fees to recover TSA's costs for vetting, as required by law.

The agency’s own summary, as published.

What this changes

Amends 7 parts of the Code of Federal Regulations — the standing rules this notice rewrites.

• 49 CFR 1500 Applicability, Terms, and Abbreviations
• 49 CFR 1530
• 49 CFR 1570 General Rules
• 49 CFR 1572 Credentialing and Security Threat Assessments
• 49 CFR 1580 Freight Rail Transportation Security
• 49 CFR 1582 Public Transportation and Passenger Railroad Security
• 49 CFR 1584 Highway and Motor Carrier Security