Rail Security Coordinator/Significant Concerns

Transportation Security Administration, DHS
part 1520 of this chapter, to persons
with a need to know. The owner/operator must refer requests for such information by other persons to TSA.
(d) Availability. Each owner/operator
must make the records available to
TSA upon request for inspection and
copying.

Subpart C—Operations
§ 1570.201 Security Coordinator.
(a) Except as provided in paragraphs
(b) and (c) of this section, each owner/
operator identified in §§ 1580.1, 1582.1,
and 1584.101 of this subchapter must
designate and use a primary and at
least one alternate Security Coordinator.
(b) An owner/operator identified in
§ 1582.1(a)(2) of this subchapter (public
transportation agency) that owns or
operates a bus-only operation must
designate and use a primary and at
least one alternate Security Coordinator only if the owner/operator is
identified in appendix A to part 1582 of
this subchapter or is notified by TSA
in writing that a threat exists concerning that operation.
(c) An owner/operator identified in
§ 1580.1(a)(5) or § 1582.1(a)(4) of this subchapter (private rail car, tourist, scenic, historic, or excursion rail operations) must designate and use a primary and at least one alternate Security Coordinator, only if notified by
TSA in writing that a threat exists
concerning that type of operation.
(d) The Security Coordinator and alternate(s) must be appointed at the
corporate level.
(e) Each owner/operator required to
have a Security Coordinator must provide in writing to TSA the names, U.S.
citizenship status, titles, phone number(s), and email address(es) of the Security Coordinator and alternate Security Coordinator(s) within 37 calendar
days of the effective date of this rule,
commencement
of
operations,
or
change in any of the information required by this section.
(f) Each owner/operator required to
have a Security Coordinator must ensure that at least one Security Coordinator—
(1) Serves as the primary contact for
intelligence information and security-

§ 1570.203

related activities and communications
with TSA. Any individual designated
as a Security Coordinator may perform
other duties in addition to the duties
described in this section.
(2) Is accessible to TSA on a 24 hours
a day, 7 days a week basis.
(3) Coordinates security practices and
procedures internally and with appropriate law enforcement and emergency
response agencies.
§ 1570.203 Reporting significant security concerns.
(a) Each owner/operator identified in
§§ 1580.1, 1582.1, and 1584.101 of this subchapter must report, within 24 hours of
initial discovery, any potential threats
and significant security concerns involving transportation-related operations in the United States or transportation to, from, or within the
United States as soon as possible by
the methods prescribed by TSA.
(b) Potential threats or significant
security concerns encompass incidents,
suspicious activities, and threat information including, but not limited to,
the categories of reportable events listed in appendix A to this part.
(c) Information reported must include the following, as available and
applicable:
(1) The name of the reporting individual and contact information, including a telephone number or email address.
(2) The affected freight or passenger
train, transit vehicle, motor vehicle,
station, terminal, rail hazardous materials facility, or other facility or infrastructure, including identifying information and current location.
(3) Scheduled origination and termination locations for the affected
freight or passenger train, transit vehicle, or motor vehicle–including departure and destination city and route.
(4) Description of the threat, incident, or activity, including who has
been notified and what action has been
taken.
(5) The names, other available biographical data, and/or descriptions (including vehicle or license plate information) of individuals or motor vehicles known or suspected to be involved
in the threat, incident, or activity.

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§ 1570.301

49 CFR Ch. XII (10–1–20 Edition)

(6) The source of any threat information.

Subpart D—Security Threat
Assessments
§ 1570.301 Fraudulent use or manufacture; responsibilities of persons.
(a) No person may use or attempt to
use a credential, security threat assessment, access control medium, or identification medium issued or conducted
under this subchapter that was issued
or conducted for another person.
(b) No person may make, produce,
use or attempt to use a false or fraudulently created access control medium,
identification medium or security
threat assessment issued or conducted
under this subchapter.
(c) No person may tamper or interfere with, compromise, modify, attempt to circumvent, or circumvent
TWIC access control procedures.
(d) No person may cause or attempt
to cause another person to violate
paragraphs (a) through (c) of this section.
§ 1570.303

Inspection of credential.

(a) Each person who has been issued
or possesses a TWIC must present the
TWIC for inspection upon a request
from TSA, the Coast Guard, or other
authorized DHS representative; an authorized representative of the National
Transportation Safety Board; or a Federal, State, or local law enforcement
officer.
(b) Each person who has been issued
or who possesses a TWIC must allow
his or her TWIC to be read by a reader
and must submit his or her reference
biometric, such as a fingerprint, and
any other required information, such
as a PIN, to the reader, upon a request
from TSA, the Coast Guard, other authorized DHS representative; or a Federal, State, or local law enforcement
officer.
§ 1570.305 False statements regarding
security background checks by public transportation agency or railroad carrier.

1522(e) (6 U.S.C. 1170) of the ‘‘Implementing Recommendations of the 9/11
Commission Act of 2007,’’ Public Law
110–53 (121 Stat. 266, Aug. 3, 2007).
(b) Definitions. 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 background check means reviewing the following for the purpose
of identifying individuals who may
pose a threat to transportation security, national security, or of terrorism:
(i) Relevant criminal history databases.
(ii) In the case of an alien (as defined
in sec. 101 of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)), the
relevant databases to determine the
status of the alien under the immigration laws of the United States.
(iii) Other relevant information or
databases, as determined by the Secretary of Homeland Security.
(c) Prohibitions. (1) A public transportation agency or a contractor or subcontractor of a public transportation
agency may not knowingly misrepresent to an employee or other relevant
person, including an arbiter involved in
a labor arbitration, the scope, application, or meaning of any rules, regulations, directives, or guidance issued by
the Secretary of Homeland Security related to security background check requirements for employees when conducting a security background check.
(2) A railroad carrier or a contractor
or subcontractor of a railroad carrier
may not knowingly misrepresent to an
employee or other relevant person, including an arbiter involved in a labor
arbitration, the scope, application, or
meaning of any rules, regulations, directives, or guidance issued by the Secretary of Homeland Security related to
security background check requirements for employees when conducting
a security background check.
APPENDIX A TO PART 1570—REPORTING
OF SIGNIFICANT SECURITY CONCERNS

(a) Scope. This section implements
sections 1414(e) (6 U.S.C. 1143) and

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