[Federal Register Volume 81, Number 188 (Wednesday, September 28, 2016)]
[Notices]
[Pages 66671-66672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23370]


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DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration

[Docket No. TSA-2016-0001]
RIN 1652-ZA20


Legal Interpretation of ``Field of Transportation''

AGENCY: Transportation Security Administration, DHS.

ACTION: Notice of availability.

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SUMMARY: The Transportation Security Administration (TSA) is providing 
notice that it has issued a legal interpretation of the phrase ``field 
of transportation'' that is referenced in the statute requiring TSA to 
charge fees to recover the cost of its vetting services. By defining 
this term, TSA clarifies the individuals from whom we may collect and 
retain fees to recover vetting costs.

[[Page 66672]]

This interpretation does not address the term ``field of 
transportation'' as it is used in other laws or contexts.

FOR FURTHER INFORMATION CONTACT: Christine Beyer, Senior Counsel, 
Regulations and Security Standards, Office of the Chief Counsel, TSA-2, 
Transportation Security Administration, 601 South 12th Street, 
Arlington, VA 20598-6002; telephone (571) 227-2702; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    Over the past decade, some Federal agencies and stakeholders have 
asked TSA whether their employees could enroll for security vetting and 
pay fees to TSA for this service. In these cases, it was clear that the 
individuals at issue were in transportation because they were 
transporting dangerous goods in commercial vehicles. However, recently 
we have received inquiries concerning the delineation of where 
transportation begins and ends where the answer is not so apparent. 
Several key stakeholder groups have asked which employees, employers, 
or activities in the chemical industry fall within the scope of ``field 
of transportation'' in TSA's fee statute, sec. 469(a) of title 6 of the 
U.S. Code (6 U.S.C. 469(a)), and could pay for TSA's vetting services 
through user fees.
    The fee statute requires TSA to charge reasonable fees for 
providing credentialing and background investigations in the ``field of 
transportation'' but does not define the populations or types of 
workers included in the field of transportation. It is necessary to 
interpret the language so that TSA and chemical industry employers and 
workers all understand the individuals who may pay user fees that TSA 
can retain to recover vetting costs.
    This interpretation states that the ``field of transportation'' 
under 6 U.S.C. 469(a) includes an individual, activity, entity, 
facility, owner, or operator that is subject to regulation by TSA, DOT, 
or the U.S. Coast Guard, and individuals applying for trusted traveler 
programs.
    Publication of this notice of availability in the Federal Register 
provides public notice that the full interpretation is available for 
review and downloading from TSA's electronic public docket on the 
Internet and a link to the docket on TSA's Web site. TSA will also 
share the interpretation with stakeholders through industry engagement 
meetings and with appropriate Congressional Committee staff.

Document Availability

    You can get an electronic copy of both this notice and the 
interpretation of the field of transportation as it is used in 6 U.S.C. 
469(a) on the Internet by--
    (1) Searching the electronic Federal Docket Management System 
(FDMS) Web page at http://www.regulations.gov, Docket No. TSA-2016-
0001; or
    (2) Accessing TSA's Web pages at https://www.tsa.gov/for-industry/hazmat-endorsement, https://www.tsa.gov/for-industry/twic and https://www.tsa.gov/for-industry/surface-transportation.
    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.

    Dated: September 22, 2016.
Susan M. Prosnitz,
Deputy Chief Counsel, Regulations and Security Standards.
[FR Doc. 2016-23370 Filed 9-27-16; 8:45 am]
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