[Federal Register Volume 88, Number 161 (Tuesday, August 22, 2023)]
[Proposed Rules]
[Pages 57044-57045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18080]


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DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration

[Docket No. TSA-2023-0001]
RIN 1652-AA69

49 CFR Parts 1500, 1530, 1570, 1572, 1580, 1582, 1584


Vetting of Certain Surface Transportation Employees

AGENCY: Transportation Security Administration, DHS.

ACTION: Notice of proposed rulemaking (NPRM); Extension of comment 
period.

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SUMMARY: On May 23, 2023, the Transportation Security Administration 
(TSA) published a notice of proposed rulemaking (NPRM) proposing 
security vetting of certain public transportation, railroad, and over-
the-road-bus (OTRB) employees. Through this notice, TSA is extending 
the comment period to October 1, 2023, to provide additional time for 
the public to submit comments.

DATES: The comment period for the NPRM published at 88 FR 33472 (May 
23, 2023), is extended from August 21, 2023, to October 1, 2023.

ADDRESSES: You may submit comments, identified by the TSA docket number 
to this rulemaking, to the Federal Docket Management System (FDMS), a 
government-wide, electronic docket management system. To avoid 
duplication, please use only one of the following methods:
    <bullet> Electronic Federal eRulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting 
comments.
    <bullet> Mail: Docket Management Facility (M-30), U.S. Department 
of Transportation, 1200 New Jersey Avenue SE, West Building Ground 
Floor, Room W12-140, Washington, DC 20590-0001. The Department of 
Transportation (DOT), which maintains and processes TSA's official 
regulatory dockets, will scan the submission and post it to FDMS. 
Comments must be postmarked by the date indicated above.
    <bullet> Fax: (202) 493-2251.
    See the SUPPLEMENTARY INFORMATION section for format and other 
information about comment submissions.

FOR FURTHER INFORMATION CONTACT: 

[[Page 57045]]

    For program questions: Victor Parker, Surface Division, Policy, 
Plans, and Engagement, TSA-28, Transportation Security Administration, 
6595 Springfield Center Drive, Springfield, VA 20598-6002; telephone 
(571) 227-1039; email <a href="/cdn-cgi/l/email-protection#6036051414090e07300f0c090319201413014e0408134e070f16"><span class="__cf_email__" data-cfemail="3066554444595e57605f5c595349704443511e5458431e575f46">[email protected]</span></a>.
    For legal questions: Christine Beyer, Chief Counsel's office, TSA-
2, Transportation Security Administration, 6595 Springfield Center 
Drive, Springfield, VA 20598--6002; telephone (571) 227-2484; facsimile 
(571) 227-1380; email <a href="/cdn-cgi/l/email-protection#06727567287573746067656328706372726f68614672756728626e7528616970"><span class="__cf_email__" data-cfemail="36424557184543445057555318405342425f58517642455718525e4518515940">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Comment Period Extension

    On May 23, 2023, TSA issued its NPRM entitled Vetting of Certain 
Surface Transportation Employees (88 FR 33472), and provided the public 
90 days to submit comments on the proposal, or until August 21, 2023. 
Interested parties have requested an extension of the public comment 
period to give them additional time to respond to the NPRM. While TSA 
believes that the current 90-day comment period is sufficient for full 
and meaningful public participation, TSA agrees to extend the comment 
period to October 1, 2023, to allow the public an additional period to 
prepare and file comments.

Request for Comment

    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, as well as on TSA's 
collections of information under the Paperwork Reduction Act as 
described further below. See the ADDRESSES section above for 
information on where to submit comments.

Submitting Comments

    With each comment, please identify the docket number at the 
beginning of your comments, reference a specific portion or section of 
the rulemaking, explain the reason for any recommended change, and 
include supporting data. We recommend that you include your name and a 
mailing address, an email address, or a telephone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission.
    You may submit comments and material electronically, by mail, or 
fax as provided under the ADDRESSES section, 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 
or envelope on which the docket number appears and we will mail it to 
you.
    All comments, except those that include confidential or sensitive 
security information (SSI) \1\ will be posted to https://www.regulations.gov, and will include any personal information you have 
provided. Should you wish your personally identifiable information 
redacted prior to filing in the docket, please clearly indicate this 
request in your submission to TSA. TSA will consider all comments that 
are in the docket on or before the closing date for comments and will 
consider comments filed late to the extent practicable. The docket is 
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 Certain Sensitive Information Submitted in Public Comments

    Do not submit comments that include trade secrets, confidential 
commercial or financial information, SSI, or protected critical 
infrastructure information to the public regulatory docket. Comments 
containing this type of information should be submitted separately from 
other comments, appropriately marked as containing such information, 
and submitted by mail to the addresses listed in the FOR FURTHER 
INFORMATION CONTACT section. TSA will take the following actions for 
all submissions containing SSI:
    <bullet> TSA will not place comments containing SSI in the public 
docket and will handle them in accordance with applicable safeguards 
and restrictions on access.
    <bullet> 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 place a note in the public docket 
explaining that commenters have submitted such documents.
    <bullet> TSA may include a redacted version of the comment in the 
public docket.
    <bullet> TSA will treat requests to examine or copy information 
that is not in the public docket as any other request under the Freedom 
of Information Act (5 U.S.C. 552) and the Department of Homeland 
Security's (DHS) Freedom of Information Act regulation found in 6 CFR 
part 5.

Reviewing Docket Comments and Documents

    Please be aware that anyone is able to search the electronic form 
of all comments in any of our dockets by the name of the individual, 
association, business entity, labor union, etc., who submitted the 
comment. For more about privacy and the docket, review the Privacy and 
Security Notice for the Federal Docket Management System at https://www.regulations.gov/privacyNotice, as well as the System of Records 
Notice DOT/ALL 14--Federal Docket Management System (73 FR 3316, 
January 17, 2008) and the System of Records Notice DHS/ALL 044--
eRulemaking (85 FR 14226, March 11, 2020).
    You may review TSA's electronic public docket at https://www.regulations.gov. In addition, DOT's Docket Management Facility 
provides a physical facility, staff, equipment, and assistance to the 
public. To obtain assistance or to review items in TSA's public docket, 
you may visit this facility between 9 a.m. and 5 p.m., Monday through 
Friday, excluding legal holidays, or call (202) 366-9826. This DOT 
facility is located in the West Building Ground Floor, Room W12-140 at 
1200 New Jersey Avenue SE, Washington, DC 20590.

Availability of Published Rulemaking Documents

    You can find an electronic copy of this rulemaking using the 
internet by accessing the Government Publishing Office's web page at 
https://www.govinfo.gov/app/collection/FR/to view the daily published 
Federal Register edition or accessing the Office of the Federal 
Register's web page at https://www.federalregister.gov. Copies are also 
available by contacting the individual identified for ``General 
Questions'' in the FOR FURTHER INFORMATION CONTACT section.

Stacey Fitzmaurice,
Executive Assistant Administrator, Operations Support.
[FR Doc. 2023-18080 Filed 8-18-23; 11:15 am]
BILLING CODE 9110-05-P


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