[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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