49 CFR Part 1582 — Public Transportation and Passenger Railroad Security

PART 1582—PUBLIC TRANSPORTATION AND PASSENGER RAILROAD SECURITY Authority: 49 U.S.C. 114; Pub. L. 110-53 (121 Stat. 266, Aug. 3, 2007) secs. 1402 (6 U.S.C. 1131), 1405 (6 U.S.C. 1134), and 1408 (6 U.S.C. 1137). Source: 85 FR 16511, Mar. 23, 2020, unless otherwise noted. Subpart A—General § 1582.1 Scope. (a) Except as provided in paragraph (b) of this section, this part includes requirements for the following persons. Specific sections in this part provide detailed requirements. (1) Each passenger railroad carrier. (2) Each public transportation agency. (3) Each operator of a rail transit system that is not operating on track that is part of the general railroad system of transportation, including heavy rail transit, light rail transit, automated guideway, cable car, inclined plane, funicular, and monorail systems. (4) Each tourist, scenic, historic, and excursion rail owner/operator, whether operating on or off the general railroad system of transportation. (b) This part does not apply to a ferry system required to conduct training pursuant to 46 U.S.C. 70103. § 1582.3 Terms used in this part. In addition to the terms in §§ 1500.3, 1500.5, and 1503.202 of subchapter A and § 1570.3 of subchapter D of this chapter, the following term applies to this part. Security-sensitive employee § 1582.5 Preemptive effect. Under 49 U.S.C. 20106, issuance of the passenger railroad and public transportation regulations in this subchapter preempts any State law, regulation, or order covering the same subject matter, except an additional or more stringent law, regulation, or order that is necessary to eliminate or reduce an essentially local security hazard; that is not incompatible with a law, regulation, or order of the U.S. Government; and that does not unreasonably burden interstate commerce. Subpart B—Security Programs § 1582.101 Applicability. The requirements of this subpart apply to the following: (a) Amtrak (also known as the National Railroad Passenger Corporation). (b) Each owner/operator identified in Appendix A to this part. (c) Each owner/operator described in § 1582.1(a)(1) through (3) that serves as a host railroad to a freight operation described in § 1580.101 of this subchapter or to a passenger train operation described in paragraph (a) or (b) of this section. [85 FR 16511, Mar. 23, 2020, as amended at 86 FR 23633, May 4, 2021] § 1582.103 [Reserved] § 1582.105 [Reserved] § 1582.107 [Reserved] § 1582.109 [Reserved] § 1582.111 [Reserved] § 1582.113 Security training program general requirements. (a) Security training program required. (b) General requirements. (1) Name of owner/operator. (2) Name, title, telephone number, and email address of the primary individual to be contacted with regard to review of the security training program. (3) Number, by specific job function category identified in Appendix B to this part, of security-sensitive employees trained or to be trained. (4) Implementation schedule that identifies a specific date by which initial and recurrent security training required by § 1570.111 of this subchapter will be completed. (5) Location where training program records will be maintained. (6) Curriculum or lesson plan, including learning objectives and method of delivery (such as instructor-led or computer-based training) for each course used to meet the requirements of § 1582.115 of this part. TSA may request additional information regarding the curriculum during the review and approval process. If recurrent training under § 1570.111 of this subchapter is not the same as initial training, a curriculum or lesson plan for the recurrent training will need to be submitted and approved by TSA. (7) Plan for ensuring supervision of untrained security-sensitive employees performing functions identified in Appendix B to this part. (8) Plan for notifying employees of changes to security measures that could change information provided in previously provided training. (9) Method(s) for evaluating the effectiveness of the security training program in each area required by § 1582.115 of this part. (c) Relation to other training. (2) If the owner/operator submits a security training program that relies on pre-existing or previous training materials to meet the requirements of subpart B, the program submitted for approval must include an index, organized in the same sequence as the requirements in this subpart. (d) Submission and implementation. § 1582.115 Security training and knowledge for security-sensitive employees. (a) Training required for security-sensitive employees. (b) Limits on use of untrained employees. (c) Prepare. (1) Employees with responsibility for transportation security equipment and systems are aware of their responsibilities and can verify the equipment and systems are operating and properly maintained; and (2) Employees with other duties and responsibilities under the company's security plans and/or programs, including those required by Federal law, know their assignments and the steps or resources needed to fulfill them. (d) Observe. (1) Suspicious and/or dangerous items (such as substances, packages, or conditions (for example, characteristics of an IED and signs of equipment tampering or sabotage); (2) Combinations of actions and individual behaviors that appear suspicious and/or dangerous, inappropriate, inconsistent, or out of the ordinary for the employee's work environment, which could indicate a threat to transportation security; and (3) How a terrorist or someone with malicious intent may attempt to gain sensitive information or take advantage of vulnerabilities. (e) Assess. (1) Determine whether the item, individual, behavior, or situation requires a response as a potential terrorist threat based on the respective transportation environment; and (2) Identify appropriate responses based on observations and context. (f) Respond. (1) Appropriately report a security threat, including knowing how and when to report internally to other employees, supervisors, or management, and externally to local, state, or Federal agencies according to the owner/operator's security procedures or other relevant plans; (2) Interact with the public and first responders at the scene of the threat or incident, including communication with passengers on evacuation and any specific procedures for individuals with disabilities and the elderly; and (3) Use any applicable self-defense devices or other protective equipment provided to employees by the owner/operator. Appendix A to Part 1582—Determinations for Public Transportation and Passenger Railroads State Urban area Systems CA Bay Area Alameda-Contra Costa Transit District (AC Transit). Altamont -Corridor Express (ACE). City and County of San Francisco (San Francisco Bay Area Rapid Transit District) (BART). Central Contra Costa Transit Authority. >Golden Gate Bridge, Highway and Transportation District (GGBHTD). Peninsula Corridor Joint Powers Board (PCJPB) (Caltrain). San Francisco Municipal Railway (MUNI) (San Francisco Municipal Transportation Agency). San Mateo County Transit District (San Mateo County Transit Authority) (SamTrans). Santa Clara Valley Transportation Authority (VTA). Transbay Joint Powers Authority. Greater Los Angeles Area (Los Angeles/Long Beach and Anaheim/Santa Ana urban Areas). City of Los Angeles Department of Transportation (LADOT) City of Montebello (Montebello Bus Lines) (MBL). Omnitrans (OMNI). Orange County Transportation Authority (OCTA). City of Santa Monica (Santa Monica's Big Blue Bus) (Big Blue Bus). Southern California Regional Rail Authority (Metrolink). DC/MD/VA Greater National Capital Region (National Capital Region and Baltimore urban Areas). Arlington County, Virginia (Arlington Transit). Montgomery County Department of Transportation (Ride-On Montgomery County Transit). Potomac and Rappahannock Transportation Commission. Prince George's County Department of Public Works and Transportation (The Bus). Virginia Railway Express (VRE). Washington Metropolitan Area Transit Authority (WMATA). GA Atlanta Area Georgia Regional Transportation Authority (GRTA, within State Road and Tollway Authority (SRTA)). Metropolitan Atlanta Rapid Transit Authority (MARTA). IL/IN Chicago Area Chicago Transit Authority (CTA). Northeast Illinois Regional Commuter Railroad Corporation (Metra/NIRCRC). Northern Indiana Commuter Transportation District (NICTD). PACE Suburban Bus Company. MA Boston Area Massachusetts Bay Transportation Authority (MBTA). NY/NJ/CT New York City/Northern New Jersey Area (New York City and Jersey City/Newark urban Areas) Connecticut Department of Transportation (CDOT). New York City Department of Transportation. Port Authority Trans-Hudson Corporation (Port Authority of New York and New Jersey) (PANYNJ) (excluding ferry). Westchester County Department of Transportation Bee-Line System (The Bee-Line System). PA/NJ Philadelphia Area Delaware River Port Authority (DRPA)—Port Authority Transit Corporation (PATCO). Delaware Transit Corporation (DTC). New Jersey Transit Corp. (NJT) (covered under NY). Pennsylvania Department of Transportation. Southeastern Pennsylvania Transportation Authority (SEPTA). Appendix B to Part 1582—Security-Sensitive Job Functions For Public Transportation and Passenger Railroads This table identifies security-sensitive job functions for owner/operators regulated under this part. All employees performing security-sensitive functions are “security-sensitive employees” for purposes of this rule and must be trained. Categories Security-sensitive job functions for public transportation and passenger railroads (PTPR) A. Operating a vehicle 1. Employees who— a. Operate or control the movements of trains, other rail vehicles, or transit buses. b. Act as train conductor, trainman, brakeman, or utility employee or performs acceptance inspections, couples and uncouples rail cars, applies handbrakes, or similar functions. 2. Employees covered under the Federal hours of service laws as “train employees.” See B. Inspecting and maintaining vehicles Employees who— 1. Perform activities related to the diagnosis, inspection, maintenance, adjustment, repair, or overhaul of electrical or mechanical equipment relating to vehicles, including functions performed by mechanics and automotive technicians. 2. Provide cleaning services to vehicles owned, operated, or controlled by an owner/operator regulated under this subchapter. C. Inspecting or maintaining building or transportation infrastructure Employees who— 2. Maintain, install, or inspect track and structures, including, but not limited to, bridges, trestles, and tunnels. 3. Provide cleaning services to stations and terminals owned, operated, or controlled by an owner/operator regulated under this subchapter that are accessible to the general public or passengers. 4. Provide maintenance services to stations, terminals, yards, tunnels, bridges, and operation control centers owned, operated, or controlled by an owner/operator regulated under this subchapter. 5. Employees covered under the Federal hours of service laws as “signal employees.” See D. Controlling dispatch or movement of a vehicle Employees who— 2. Manage day-to-day management delivery of transportation services and the prevention of, response to, and redress of service disruptions. 3. Supervise the activities of train crews, car movements, and switching operations in a yard or terminal. 4. Dispatch, direct, or control the movement of trains or buses. 5. Operate or supervise the operations of moveable bridges. 6. Employees covered under the Federal hours of service laws as “dispatching service employees.” See E. Providing security of the owner/operator's equipment and property Employees who— 2. Patrol and inspect property of an owner/operator regulated under this subchapter to protect the property, personnel, passengers and/or cargo. F. Loading or unloading cargo or baggage Employees who load, or oversee loading of, property tendered by or on behalf of a passenger on or off of a portion of a train that will be inaccessible to the passenger while the train is in operation. G. Interacting with travelling public (on board a vehicle or within a transportation facility) Employees who provide services to passengers on-board a train or bus, including collecting tickets or cash for fares, providing information, and other similar services. Including: 1. On-board food or beverage employees. 2. Functions on behalf of an owner/operator regulated under this subchapter that require regular interaction with travelling public within a transportation facility, such as ticket agents. H. Complying with security programs or measures, including those required by Federal law 1. Employees who serve as security coordinators designated in § 1570.201 of this subchapter, as well as any designated alternates or secondary security coordinators. 2. Employees who— a. Conduct training and testing of employees when the training or testing is required by TSA's security regulations. b. Manage or direct implementation of security plan requirements.

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