[Federal Register Volume 74, Number 122 (Friday, June 26, 2009)]
[Rules and Regulations]
[Pages 30477-30479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15080]


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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: Final rule.

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SUMMARY: On July 31, 2008, TSA published an interim rule prohibiting 
public transportation agencies, railroad carriers, and their respective 
contractors and subcontractors from knowingly

[[Page 30478]]

misrepresenting Federal guidance or regulations concerning security 
background checks for certain individuals. This final rule follows 
publication of the July 31, 2008 interim rule, and makes no changes at 
this final rule stage.

DATES: Effective Date: June 26, 2009.

FOR FURTHER INFORMATION CONTACT: Ellen Siegler, Assistant Chief 
Counsel, TSA-2, Transportation Security Administration, 601 South 12th 
Street, Arlington, VA 20598-6002; telephone (571) 227-2723; facsimile 
(571) 227-1379; e-mail <a href="/cdn-cgi/l/email-protection#ebae87878e85c5b8828e8c878e99ab8f8398c58c849d"><span class="__cf_email__" data-cfemail="febb92929b90d0ad979b99929b8cbe9a968dd0999188">[email protected]</span></a>.

ADDRESSES:

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 in the FOR FURTHER INFORMATION CONTACT section. Make sure to 
identify the docket number of this rulemaking.

SUPPLEMENTARY INFORMATION:

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 person listed in the FOR FURTHER INFORMATION 
CONTACT section. 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 Effective Date

    This rule will be effective upon publication in the Federal 
Register. Section 553(d) of the Administrative Procedure Act 5 U.S.C. 
553, allows an agency, upon finding good cause, to make a rule 
effective immediately. There is good cause for making this final rule 
effective immediately. An interim final rule (IFR), published on July 
31, 2008, is already in effect. There is no need to provide advance 
notice that this final rule will become effective because this final 
rule is substantively identical to the IFR; it does not prohibit any 
conduct not already prohibited by the IFR.

I. Summary

    On July 31, 2008, TSA issued an IFR codifying in the Code of 
Federal Regulations (CFR) sections 1414(e) and 1522(e) of the 9/11 Act, 
which prohibits 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. 73 FR 44665. Under 49 CFR 
1570.13, as added by the IFR, 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.
    The public comment period on the IFR expired on September 2, 2008. 
TSA received no comments. For the reasons set forth in the IFR, TSA is 
continuing without change the provisions of 49 CFR 1570.13.

II. 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.

III. 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 and in the July 
31, 2008, IFR, TSA has not performed a cost/benefit analysis.
Executive Order 12866 Assessment
    Executive Order 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. This final 
regulation will have no economic impact because the regulation makes no 
changes to 49 CFR 1570.13.
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 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. This rulemaking is a final rule that follows 
an IFR that TSA issued on July 31, 2008. 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

[[Page 30479]]

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.

IV. 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.

V. 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.

VI. 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 interim rule for part 
1570 of Title 49 of the Code of Federal Regulations, adding Sec.  
1570.13, published July 31, 2008, at 73 FR 44665, is adopted as final, 
without change.

    Issued in Arlington, VA, on June 22, 2009.
Gale D. Rossides,
Acting Administrator.
[FR Doc. E9-15080 Filed 6-25-09; 8:45 am]
BILLING CODE 9110-05-P


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