[Federal Register: July 31, 2008 (Volume 73, Number 148)]
[Rules and Regulations]
[Page 44665-44669]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31jy08-13]
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DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
49 CFR Part 1570
[Docket No. TSA-2008-0011]
RIN 1652-AA65
False Statements Regarding Security Background Checks
AGENCY: Transportation Security Administration, DHS.
ACTION: Interim final rule; request for comments.
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SUMMARY: This interim final rule codifies in the Code of Federal
Regulations recently-enacted statutory provisions that prohibit public
transportation agencies, railroad carriers, and their respective
contractors and subcontractors from knowingly misrepresenting Federal
guidance or regulations concerning security background checks for
certain individuals.
DATES: Effective Date: This rule is effective July 31, 2008.
Comment Date: Comments must be received by September 2, 2008.
ADDRESSES: You may submit comments on this rulemaking, identified by
the Transportation Security Administration (TSA) docket number of this
interim final rule, to the Federal Docket Management System (FDMS), a
government-wide, electronic docket management system, using any one of
the following methods:
Electronically: You may submit comments through the Federal
eRulemaking portal at http://www.regulations.gov. Follow the online
instructions for submitting comments.
Mail, In Person, or Fax: Address, hand-deliver, or fax your written
comments to the Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001; Fax 202-493-2251. The
Department of Transportation (DOT), which maintains and processes TSA's
official regulatory dockets, will scan your submission and post it to
FDMS.
See SUPPLEMENTARY INFORMATION for formatting and other information
about comment submissions.
FOR FURTHER INFORMATION CONTACT: Ellen Siegler, Assistant Chief
Counsel, TSA-2, Transportation Security Administration, 601 South 12th
Street, Arlington, VA 22202-4220; telephone (571) 227-2723; facsimile
(571) 227-1379; e-mail Ellen.Siegler@dhs.gov.
SUPPLEMENTARY INFORMATION: This interim final rule is being adopted
without prior notice and prior public comment. However, the TSA will
still provide an opportunity for public comment on this rulemaking. TSA
invites interested persons to participate in this rulemaking by
submitting written comments, data, or views. We also invite comments
relating to the economic, environmental, energy, or federalism impacts
that might result from this rulemaking action. See ADDRESSES above for
information on where to submit comments.
Please identify the docket number of this interim final rule at the
beginning of each comment. TSA encourages commenters to provide their
names and addresses. The most helpful comments reference a specific
portion of the
[[Page 44666]]
rulemaking, explain the reason for any recommended change, and include
supporting data. You may submit comments and material electronically,
in person, by mail, or fax as provided under ADDRESSES, but please
submit your comments and material by only one means. If you submit
comments by mail or delivery, submit them in an unbound format, no
larger than 8.5 by 11 inches, suitable for copying and electronic
filing.
If you would like TSA to acknowledge receipt of comments submitted
by mail, include with your comments a self-addressed, stamped postcard
on which the docket number appears. We will stamp the receipt date on
the postcard and mail it to you.
TSA will file in the public docket all comments received by TSA,
except for comments containing confidential information and sensitive
security information (SSI).\1\ TSA will consider all comments received
on or before the closing date for comments and will consider comments
filed late to the extent practicable. The docket is publicly available,
and will be available for public inspection before and after the
comment closing date.
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\1\ ``Sensitive Security Information'' or ``SSI'' is information
obtained or developed in the conduct of security activities, the
disclosure of which would constitute an unwarranted invasion of
privacy, reveal trade secrets or privileged or confidential
information, or be detrimental to the security of transportation.
The protection of SSI is governed by 49 CFR part 1520.
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Handling of Confidential or Proprietary Information and Sensitive
Security Information (SSI) Submitted in Public Comments
Do not submit comments that include trade secrets, confidential
commercial or financial information, or SSI to the public regulatory
docket. Please submit such comments separately from other comments on
this rulemaking. Comments containing this type of information should be
appropriately marked as containing such information and submitted by
mail to the address listed in the FOR FURTHER INFORMATION CONTACT
section.
TSA will not place such comments in the public docket and will
handle them in accordance with applicable safeguards and restrictions
on access. TSA will hold documents containing SSI, confidential
business information, or trade secrets in a separate file to which the
public does not have access, and will note in the public docket that
TSA has received such materials from the commenter. However, if TSA
determines that portions of these comments may be made publicly
available, TSA may include redacted versions in the public docket. If
TSA receives a request to examine or copy information that is not in
the public docket, TSA will treat that request as any other request
under the Freedom of Information Act (FOIA) (5 U.S.C. 552) and under
DHS' FOIA regulation (published in 6 CFR part 5).
Reviewing Comments in the Docket
Please be aware that anyone is able to search the electronic form
of comments received into our dockets by the name of the individual
submitting each comment (or signing each comment, in the cases of
comments submitted on behalf of associations, businesses, labor unions,
etc.). You may review the applicable Privacy Act Statement published in
the Federal Register on April 11, 2000 (65 FR 19477) (available online
at http://DocketInfo.dot.gov).
You may review TSA's electronic public docket on the Internet at
http://www.regulations.gov. In addition, DOT's Docket Management
Facility provides paper copies of docket materials, equipment to
facilitate docket review, and staff assistance to the public. To obtain
assistance or to review comments in TSA's public docket, you may visit
this facility from 9 a.m. to 5 p.m., Monday through Friday (excluding
legal holidays), or you may call (202) 366-9826. This docket operations
facility is located in the West Building Ground Floor, Room W12-140 at
1200 New Jersey Avenue, SE., Washington, DC 20590.
Availability of Rulemaking Document
You can get an electronic copy using the Internet by--
(1) Searching the electronic Federal Docket Management System
(FDMS) Web page at http://www.regulations.gov;
(2) Accessing the Government Printing Office's Web page at http://
www.gpoaccess.gov/fr/index.html; or
(3) Visiting TSA's Security Regulations Web page at http://
www.tsa.gov and accessing the link for ``Research Center'' at the top
of the page.
In addition, copies are available by writing or calling the
individual whose contact information is listed in the FOR FURTHER
INFORMATION CONTACT section of this interim final rule. Make sure to
identify the docket number of this rulemaking in communications with
TSA.
Small Entity Inquiries
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires TSA to comply with small entity requests for information
and advice about compliance with statutes and regulations within TSA's
jurisdiction. Any small entity that has a question regarding this
document may contact the individual whose contact information is listed
in FOR FURTHER INFORMATION CONTACT . Persons can obtain further
information regarding SBREFA on the Small Business Administration's Web
page at http://www.sba.gov/advo/laws/law_lib.html.
Good Cause for Immediate Adoption
This action is being taken without providing a prior opportunity
for notice and comment, and it provides for an effective date less than
30 days after publication in the Federal Register.
Sections 553(b) and (d) of the Administrative Procedure Act (APA)
(5 U.S.C. 553) authorize agencies to dispense with certain notice
procedures for rules when they find ``good cause'' to do so. Under
section 553(b), the requirements of notice and opportunity for comment
do not apply when the agency for good cause finds that those procedures
are ``impracticable, unnecessary, or contrary to the public interest.''
Section 553(d) allows an agency, upon finding good cause, to make a
rule effective immediately, thereby avoiding the 30-day delayed
effective date requirement of section 553.
TSA finds that notice and public comment to this final rule are
impracticable, unnecessary, and contrary to the public interest. The
provisions in this interim final rule adopt verbatim sections 1414(e)
(6 U.S.C. 1143(e)) and 1522(e) (6 U.S.C. 1170(e)) of the Implementing
Recommendations of the 9/11 Commission Act of 2007, Public Law 110-153
(9/11 Act). Under sections 1414(e) and 1522(e) of the 9/11 Act, it is
now a violation of that statute for public transportation agencies,
railroad carriers, and their respective contractors and subcontractors
to knowingly misrepresent to an employee or other relevant person,
including an arbiter involved in a labor arbitration, the scope,
application, or meaning of any rules, regulations, directives, or
guidance issued by the DHS Secretary related to security background
check requirements for covered individuals when conducting a security
background check. This rule adds to the Code of Federal Regulations
(CFR), without change, the same prohibitions as directed by the
statute. This rule does not prohibit any conduct that is not already
prohibited by the statute. Accordingly, it is appropriate for TSA to
issue this regulation as an interim final rule. For the same reason,
TSA finds
[[Page 44667]]
that there is good cause to make this rule effective immediately.
I. Summary
This final rule codifies in the Code of Federal Regulations
sections 1414(e) and 1522(e) of the 9/11 Act, which prohibit public
transportation agencies, railroad carriers, and their respective
contractors and subcontractors from knowingly misrepresenting Federal
guidance or regulations concerning security background checks for
covered individuals. Under this rule, entities operating mass transit
systems, passenger rail systems, and freight rail carriers must
understand TSA's regulations and guidance and represent these
background checks accurately to their employees.
This regulation will apply to regulations and guidance issued by
TSA both before and after enactment of the 9/11 Act. At present, TSA
has issued one rule and several guidance documents relating to security
background checks for covered individuals. These are the Transportation
Worker Identification Credential (TWIC) regulation (49 CFR part 1572)
and guidance documents for freight railroad and mass transit operators.
The TWIC rule applies, in relevant part, to land transportation workers
who need unescorted access to secure areas of maritime facilities and
to vessels regulated under the Maritime Transportation Security Act,
Public Law 107-295. The railroad guidance applies to rail carriers that
transport materials poisonous by inhalation (commonly referred to as
Toxic Inhalation Hazard (TIH) materials). The guidance can be found at
http://www.tsa.gov/what_we_eo/layers/trip/freight_rail_
security.shtm . The mass transportation guidance applies to entities
that operate mass transit and rail passenger systems. This guidance can
be found at http://www.tsa.dhs.gov/assets/pdf/guidance_employee_
background_checks.pdf.
II. 9/11 Act--False Statements Regarding Security Background Checks by
Public Transportation Agency or Railroad Carrier
The 9/11 Act was enacted on August 3, 2007. Sections 1414 and 1522
of the Act address guidance issued by the Assistant Secretary of TSA
concerning security background checks of covered individuals employed
by public transportation agencies, railroad carriers, and their
respective contractors and subcontractors. In particular, sections
1414(e) and 1522(e) prohibit public transportation agencies, railroad
carriers, and their contractors and subcontractors from knowingly
misrepresenting the scope, application, or meaning of any rules,
directives, or guidance concerning background checks to employees,
arbiters in an arbitration proceeding, or any other relevant persons.
Sections 1414(e) and 1522(e) expressed this concern about
misrepresentation in nearly-identical language and directed TSA to
issue a rule addressing that concern within one year of the statute's
enactment. Section 1414(e), addressing public transportation, provides:
A public transportation agency or a contractor or subcontractor
of a public transportation agency may not knowingly misrepresent to
an employee or other relevant person, including an arbiter involved
in a labor arbitration, the scope, application, or meaning of any
rules, regulations, directives, or guidance issued by the Secretary
related to security background check requirements for covered
individuals when conducting a security background check. Not later
than 1 year after the date of enactment of this Act, the Secretary
shall issue a regulation that prohibits a public transportation
agency or a contractor or subcontractor of a public transportation
agency from knowingly misrepresenting to an employee or other
relevant person, including an arbiter involved in a labor
arbitration, the scope, application, or meaning of any rules,
regulations, directives, or guidance issued by the Secretary related
to security background check requirements for covered individuals
when conducting a security background check.
Similarly, section 1522(e) provides:
A railroad carrier or a contractor or subcontractor of a
railroad carrier may not knowingly misrepresent to an employee or
other relevant person, including an arbiter involved in a labor
arbitration, the scope, application, or meaning of any rules,
regulations, directives, or guidance issued by the Secretary related
to security background check requirements for covered individuals
when conducting a security background check. Not later than 1 year
after the date of enactment of this Act, the Secretary shall issue a
regulation that prohibits a railroad carrier or a contractor or
subcontractor of a railroad carrier from knowingly misrepresenting
to an employee or other relevant person, including an arbiter
involved in a labor arbitration, the scope, application, or meaning
of any rules, regulations, directives, or guidance issued by the
Secretary related to security background check requirements for
covered individuals when conducting a security background check.
This interim final rule codifies the language of sections 1414(e)
and 1522(e) of the 9/11 Act into 49 CFR part 1570. It also codifies the
definitions of ``covered individual'' as contained in sections 1414(a)
and 1515(a), ``public transportation agency'' in section 1402(5),
``railroad'' and ``railroad carrier'' in sections 1501(7) and (8),
respectively, and ``security background check'' in sections 1414(a) and
1522(a). The regulatory text of this rule is essentially identical to
the statutory provisions.
III. TSA's Background Check Initiatives
To date, TSA has issued one regulation and several guidance
documents that relate to background checks in the public transportation
and railroad sectors. In the future, DHS and TSA may undertake other
initiatives. Today's rulemaking prohibits public transportation
agencies, railroad carriers, and their respective contractors and
subcontractors from knowingly misrepresenting to an employee or other
relevant person, including an arbiter involved in a labor arbitration,
the scope, application, or meaning of any rules, regulations,
directives, or guidance issued by the Secretary of the Department of
Homeland Security related to security background check requirements for
covered individuals when conducting a security background check.
Prior to the enactment of the 9/11 Act, TSA issued regulations
requiring credentialing and security threat assessments for certain
maritime and land transportation workers. Specifically, under the TWIC
regulations, individuals who require unescorted access to secure areas
of maritime ports and vessels must undergo security threat assessments
and must obtain biometric credentials to be used in access control
systems installed by regulated facilities and vessels.\2\ TSA conducts
a security threat assessment, including a criminal history records
check against a specified list of disqualifying criminal offenses,
before issuing a TWIC. Some public transportation and railroad carrier
employees may require TWICs under the TSA TWIC rule if they require
unescorted access to secure areas of regulated vessels or maritime
facilities.
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\2\ 49 CFR part 1572.
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Also prior to the enactment of the 9/11 Act, TSA issued guidance
recommending that entities operating mass transit and passenger rail
systems, and railroad carriers that transport TIH materials, conduct
background checks on key employees. In 2006 DHS and DOT recommended
that TIH railroad carriers establish procedures for background checks
for contractor employees with unmonitored access to
[[Page 44668]]
company-designated critical infrastructure.\3\
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\3\ The TIH railroad guidance can be found at: http://
www.tsa.gov/what_we_do/layers/trip/freight_rail_security.shtm.
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On February 12, 2007, DHS and DOT issued additional guidance to TIH
railroad carriers concerning the recommended scope and procedures for
voluntarily conducted background checks. DHS and DOT noted that many
TIH railroad carriers use criminal background checks to assess the
suitability of their employees. DHS and DOT recommended that, to the
extent that TIH railroad carriers choose to conduct criminal background
checks for individuals with unmonitored access to company-designated
critical infrastructure, they should consider using the Federally-
established list of disqualifying crimes applicable to hazmat drivers
and port transportation workers contained in 49 CFR 1572.103. DHS and
DOT further recommended that the railroad industry should consider
establishing a vigorous internal redress process for adversely affected
job applicants and personnel, including an appeal and waiver process
similar to the processes established for holders of commercial driver's
licenses who apply for hazardous materials endorsements \4\ and for
port transportation workers.\5\
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\4\ In accordance with 49 U.S.C. 5103a, holders of commercial
driver's licenses who apply for hazardous materials endorsements
must undergo security threat assessments under 49 CFR part 1572.
Procedures for waivers and appeals are found at 49 CFR part 1515.
\5\ 49 CFR 1572.103.
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In 2006, TSA and the Federal Transit Administration (FTA) jointly
issued guidance recommending a number of practices to improve the
security of their systems.\6\ In this guidance, TSA and FTA recommended
that these systems conduct background investigations, such as criminal
history and motor vehicle records checks, on all new frontline
operators and maintenance employees and on those employees and
contractors with access to sensitive security information and security
critical facilities and systems, such as tunnels, surveillance,
monitoring, and intrusion detection systems. On February 28, 2008,
consistent with the February 12, 2007 guidance to TIH freight railroad
carriers, TSA and FTA issued additional guidance in which they
recognized that some entities operating mass transit and passenger rail
systems were using criminal background checks to assess the suitability
of their employees. TSA and FTA suggested that these entities consider
using the Federally-established list of disqualifying crimes applicable
to hazmat drivers and port transportation workers found in 49 CFR
1572.103. TSA and FTA further suggested that entities operating mass
transit and passenger rail systems also consider using an appeal and
waiver process similar to the process established for hazardous
material drivers and port transportation workers found in 49 CFR part
1515.
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\6\ The transit guidelines can be found at on the internet at:
http://transit-safety.volpe.dot.gov/Security/SecurityInitiatives/
ActionItems/actionlist.asp#14.
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Public transportation agencies, railroad carriers, and their
contractors, may not misrepresent the recommendations in any of these
TSA guidance documents to their employees.
IV. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501. et seq.)
requires that a Federal agency consider the impact of paperwork and
other information collection burdens imposed on the public and, under
the provisions of PRA section 3507(d), obtain approval from the Office
of Management and Budget (OMB) for each collection of information it
conducts, sponsors, or requires through regulations. TSA has determined
that there are no current or new information collection requirements
associated with this rule.
V. Economic Impact Analyses
Regulatory Evaluation Summary
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order (E.O.) 12866, Regulatory Planning and
Review (58 FR 51735, October 4, 1993), directs each Federal agency to
propose or adopt a regulation only upon a reasoned determination that
the benefits of the intended regulation justify its costs. Second, the
Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996) requires agencies to analyze the economic impact of regulatory
changes on small entities. Third, the Trade Agreements Act (19 U.S.C.
2531-2533) prohibits agencies from setting standards that create
unnecessary obstacles to the foreign commerce of the United States.
Fourth, the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local, or
tribal governments, in the aggregate, or by the private sector, of $100
million or more annually (adjusted for inflation). Because this rule
does not add any requirements to those in the statute, the impact of
this rule is negligible. Thus, TSA has not performed a cost/benefit
analysis.
Executive Order 12866 Assessment
E.O. 12866, ``Regulatory Planning and Review'' (58 FR 51735,
October 4, 1993) provides for making determinations as to whether a
regulatory action is ``significant'' and therefore subject to OMB
review and the requirements of the Order. Executive Order 12866
classifies a rule as significant if it meets any one of a number of
specified conditions, including economic significance, which is defined
as having an annual impact on the economy of $100 million. A regulation
is also considered a significant regulatory action if it raises novel
legal or policy issues.
This regulation is not significant under E.O. 12866. TSA has
concluded, however, that the costs of the rule will be minimal for the
reasons presented below. This rule codifies the language of sections
1414(e) and 1522(e) of the 9/11 Act prohibiting knowingly
misrepresenting TSA's background check requirements or recommendations
and incorporates it into 49 CFR part 1570. The regulatory text is
identical to the statutory provisions.
This regulation should have no economic impact as it codifies the
requirement that prohibits public transportation agencies, railroad
carriers and their contractor and subcontractors from knowingly
misrepresenting DHS guidance, directives, or regulations concerning
security background checks for covered individuals. Stated simply, it
codifies the statutory mandate that these entities may not knowingly
make false statements regarding DHS security background check
requirements
We expect affected entities to inform their employees and
contractors about their obligations via email or letter and we believe
that it would involve minimal cost.
This rule will benefit individuals employed by public
transportation agencies, railroad carriers, and their contractor and
subcontractors. These individuals will be given correct information
about DHS background check guidance or requirements.
Regulatory Flexibility Act Assessment
The Regulatory Flexibility Act of 1980 (RFA) (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), requires agencies to perform a review to determine
whether a proposed or final rule will have a significant
[[Page 44669]]
economic impact on a substantial number of small entities when the
Administrative Procedure Act (APA) requires notice and comment
rulemaking. TSA has not assessed whether this rule will have a
significant economic impact on a substantial number of small entities,
as defined in the RFA. When an agency publishes a rulemaking without
prior notice and an opportunity for comment, the RFA analysis
requirements do not apply. TSA is adopting this interim final rule
without prior notice and opportunity for public comment. Therefore, no
RFA analysis is provided.
International Trade Impact Assessment
The Trade Agreement Act of 1979 prohibits Federal agencies from
establishing any standards or engaging in related activities that
create unnecessary obstacles to the foreign commerce of the United
States. Legitimate domestic objectives, such as safety, are not
considered unnecessary obstacles. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards. TSA has assessed the potential
effect of this rulemaking and has determined that it will not create
any unnecessary obstacles to foreign commerce.
Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 is intended, among other
things, to curb the practice of imposing unfunded Federal mandates on
State, local, and tribal governments. Title II of the Act requires each
Federal agency to prepare a written statement assessing the effects of
any Federal mandate in a proposed or final agency rule that may result
in a $100 million or more expenditure (adjusted annually for inflation)
in any one year by State, local, and tribal governments, in the
aggregate, or by the private sector; such a mandate is deemed to be a
``significant regulatory action.''
This rulemaking does not contain such a mandate. The requirements
of Title II of the Act, therefore, do not apply and TSA has not
prepared a statement under the Act.
VI. Executive Order 13132, Federalism
TSA has analyzed this final rule under the principles and criteria
of E.O. 13132, Federalism. We have determined that this action will not
have a substantial direct effect on the States, or the relationship
between the National Government and the States, or on the distribution
of power and responsibilities among the various levels of government,
and, therefore, have determined that this action does not have
federalism implications.
VII. Environmental Analysis
TSA has reviewed this action for purposes of the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4347) and has
determined that this action will not have a significant effect on the
human environment.
VIII. Energy Impact Analysis
The energy impact of the action has been assessed in accordance
with the Energy Policy and Conservation Act (EPCA), Public Law 94-163,
as amended (42 U.S.C. 6362). We have determined that this rulemaking is
not a major regulatory action under the provisions of the EPCA.
List of Subjects in 49 CFR Part 1570
Appeals, Commercial drivers license, Criminal history background
checks, Explosives, Facilities, Hazardous materials, Incorporation by
reference, Maritime security, Motor carriers, Motor vehicle carriers,
Ports, Seamen, Security measures, Security threat assessment, Vessels,
Waivers.
The Amendments
0
For the reasons set forth in the preamble, the Transportation Security
Administration amends Chapter XII of Title 49 of the Code of Federal
Regulations, as follows:
PART 1570--GENERAL RULES
0
1. The authority citation for part 1570 is revised to read as follows:
Authority: 46 U.S.C. 70105; 49 U.S.C. 114, 5103a, 40113, and
46105; 18 U.S.C. 842, 845; 6 U.S.C. 469; Pub. L. 110-53 secs. 1414,
1522.
0
2. Add Sec. 1570.13 to read as follows:
Sec. 1570.13 False Statements Regarding Security Background Checks by
Public Transportation Agency or Railroad Carrier.
(a) Scope. This section implements sections 1414(e) (6 U.S.C. 1143)
and 1522(e) (6 U.S.C. 1170) of the ``Implementing Recommendations of
the 9/11 Commission Act of 2007,'' Pub. L. 110-53.
(b) Definitions.
Covered individual means an employee of a public transportation
agency or a contractor or subcontractor of a public transportation
agency or an employee of a railroad carrier or a contractor or
subcontractor of a railroad carrier.
Public transportation agency means a publicly-owned operator of
public transportation eligible to receive Federal assistance under
chapter 53 of title 49, United States Code.
Railroad has the meaning that term has in section 20102 of title
49, United States Code.
Railroad carrier has the meaning that term has in section 20102 of
title 49, United States Code.
Security background check means reviewing the following for the
purpose of identifying individuals who may pose a threat to
transportation security, national security, or of terrorism:
(i) Relevant criminal history databases;
(ii) In the case of an alien (as defined in sec. 101 of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(3)), the relevant
databases to determine the status of the alien under the immigration
laws of the United States; and
(iii) Other relevant information or databases, as determined by the
Secretary of Homeland Security.
(c) Prohibitions. (1) A public transportation agency or a
contractor or subcontractor of a public transportation agency may not
knowingly misrepresent to an employee or other relevant person,
including an arbiter involved in a labor arbitration, the scope,
application, or meaning of any rules, regulations, directives, or
guidance issued by the Secretary of Homeland Security related to
security background check requirements for covered individuals when
conducting a security background check.
(2) A railroad carrier or a contractor or subcontractor of a
railroad carrier may not knowingly misrepresent to an employee or other
relevant person, including an arbiter involved in a labor arbitration,
the scope, application, or meaning of any rules, regulations,
directives, or guidance issued by the Secretary of Homeland Security
related to security background check requirements for covered
individuals when conducting a security background check.
Issued in Arlington, Virginia, on July 25, 2008.
Gale Rossides,
Deputy Administrator.
[FR Doc. E8-17515 Filed 7-30-08; 8:45 am]
BILLING CODE 9110-05-P