Presidential Documents

71033 

Federal Register 

Vol. 71, No. 235 

Thursday, December 7, 2006 

Title 3— 

The President 

Executive Order 13416 of December 5, 2006 

Strengthening Surface Transportation Security 

By the authority vested in me as President by the Constitution and the 

laws of the United States of America, and to strengthen the security of 

the Nation’s surface transportation systems and thereby enhance the protection of the people, property, and territory of the United States of America 

against terrorist attacks, it is hereby ordered as follows: 

Section 1. Policy. The security of our Nation’s surface transportation systems 

is a national priority, vital to our economy, and essential to the security 

of our Nation. Federal, State, local, and tribal governments, the private 

sector, and the public share responsibility for the security of surface transportation. It is the policy of the United States to protect the people, property, 

and territory of the United States by facilitating the implementation of 

a comprehensive, coordinated, and efficient security program to protect surface transportation systems within and adjacent to the United States against 

terrorist attacks. 

Sec. 2. Definitions. For purposes of this order: 

(a) ‘‘agencies’’ means those executive departments enumerated in 5 U.S.C. 

101, independent establishments as defined by 5 U.S.C. 104(1), government 

corporations as defined by 5 U.S.C. 103(1), and the United States Postal 

Service; 

(b) ‘‘Secretary’’ means the Secretary of Homeland Security; 

(c) ‘‘security guideline’’ means any security-related guidance that the Secretary recommends, for implementation on a voluntary basis, to enhance 

the security of surface transportation; 

(d) ‘‘security requirement’’ means any ‘‘regulatory action’’ as defined in 

section 3 of Executive Order 12866 of September 30, 1993, as amended 

(Regulatory Planning and Review), including security directives when appropriate, to implement measures to enhance the security of surface transportation; 

(e) ‘‘surface transportation modes’’ means mass transit, commuter and longdistance passenger rail, freight rail, commercial vehicles (including intercity 

buses), and pipelines, and related infrastructure (including roads and highways), that are within the territory of the United States, but does not include 

electric grids; and 

(f) ‘‘surface transportation’’ means any conveyance of people, goods, or commodities using one or more surface transportation modes. 

Sec. 3. Functions of the Secretary of Homeland Security. The Secretary 

is the principal Federal official responsible for infrastructure protection activities for surface transportation. To implement the policy set forth in 

section 1 of this order, the Secretary shall, consistent with the National 

Infrastructure Protection Plan (NIPP), in coordination with the Secretary 

of Transportation, and in consultation with the heads of other relevant 

agencies: 

(a) assess the security of each surface transportation mode and evaluate 

the effectiveness and efficiency of current Federal Government surface transportation security initiatives; 


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(b) building upon current security initiatives, not later than December 31, 

2006, develop a comprehensive transportation systems sector specific plan, 

as defined in the NIPP; 

(c) not later than 90 days after the comprehensive transportation systems 

sector specific plan is completed, develop an annex to such plan that addresses each surface transportation mode, which shall also include, at a minimum—

(i) an identification of existing security guidelines and security requirements and any security gaps, a description of how the transportation 

systems sector specific plan will be implemented for such mode, and 

the respective roles, responsibilities, and authorities of Federal, State, 

local, and tribal governments and the private sector; 

(ii) schedules and protocols for annual reviews of the effectiveness of 

surface transportation security-related information sharing mechanisms in 

bringing about the timely exchange of surface transportation security information among Federal, State, local, and tribal governments and the private 

sector, as appropriate; and 

(iii) a process for assessing (A) compliance with any security guidelines 

and security requirements issued by the Secretary for surface transportation, and (B) the need for revision of such guidelines and requirements 

to ensure their continuing effectiveness; 

(d) in consultation with State, local, and tribal government officials and 

the private sector, not later than 180 days after the date of this order, 

identify surface transportation modes, or components thereof, that are subject 

to high risk of terrorist attack, draft appropriate security guidelines or security 

requirements to mitigate such risks, and ensure that, prior to their issuance, 

draft security requirements are transmitted to the Office of Management 

and Budget for review in accordance with Executive Order 12866 and draft 

security guidelines receive appropriate interagency review; 

(e) develop, implement, and lead a process, in collaboration with other 

agencies, State, local, and tribal governments, and the private sector, as 

appropriate, to coordinate research, development, testing, and evaluation 

of technologies (including alternative uses for commercial off-the-shelf technologies and products) relating to the protection of surface transportation, 

including—

(i) determining product and technology needs to inform the requirements 

for and prioritization of research, development, testing, and evaluation, 

based on the security guidelines and security requirements developed 

pursuant to subsection (c) of this section and evolving terrorist threats 

to the security of surface transportation; 

(ii) collecting information on existing and planned research, development, 

testing, and evaluation efforts; and 

(iii) not later than 180 days after the date of this order, consistent with 

section 313 of the Homeland Security Act of 2002, as amended (6 U.S.C. 

193), establishing and making available to Federal, State, local, and tribal 

government entities, and private sector owners and operators of surface 

transportation systems, lists of available technologies and products relating 

to the protection of surface transportation; and 

(f) use security grants authorized by law to assist in implementing security 

requirements and security guidelines issued pursuant to law and consistent 

with subsection (c) of this section. 

Sec. 4. Duties of Heads of Other Agencies. Heads of agencies, as appropriate, 

shall provide such assistance and information as the Secretary may request 

to implement this order. 

Sec. 5. General Provisions. This order: 

(a) shall be implemented consistent with applicable law and the authorities 

of agencies, or heads of agencies, vested by law, and subject to the availability 

of appropriations; 


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(b) shall not be construed to impair or otherwise affect the functions of 

the Director of the Office of Management and Budget relating to budget, 

administrative, and legislative proposals; and 

(c) is not intended to, and does not, create any rights or benefits, substantive 

or procedural, enforceable at law or in equity by a party against the United 

States, its agencies, instrumentalities, or entities, its officers, employees, 

or agents, or any other person. 

THE WHITE HOUSE, 

December 5, 2006. 

[FR Doc. 06–9619 

Filed 12–6–06; 11:43 am] 

Billing code 3195–01–P 


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