Public Transportation & Passenger Railroad Security

Transportation Security Administration, DHS

§ 1582.1

Security-sensitive job functions for
freight rail

Categories

E. Providing security of the owner/operator’s equipment and
property.

F. Loading or unloading cargo or baggage ...............................

G. Interacting with travelling public (on board a vehicle or
within a transportation facility).
H. Complying with security programs or measures, including
those required by Federal law.

2. Employees covered under the Federal hours of service laws as ‘‘dispatching service employees.’’ See
49 U.S.C. 21101(2) and 21105.
Employees who provide for the security of the railroad carrier’s equipment and property, including acting
as a railroad police officer (as that
term is defined in 49 CFR 207.2).
Includes, but is not limited to, employees that load or unload hazardous
materials.
Employees of a freight railroad operating in passenger service.
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. Perform inspections or operations required by § 1580.205
of this subchapter.
c. Manage or direct implementation of security plan requirements.

Examples of job titles
applicable to these
functions *

Police officer, special
agent; patrolman;
watchman; guard.

Service track employee.
Conductor, engineer,
agent.
Security coordinator,
train master, assistant train master,
roadmaster, division
roadmaster.

* These job titles are provided solely as a resource to help understand the functions described; whether an employee must be
trained is based upon the function, not the job title.

PART 1581 [RESERVED]
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
Sec.
1582.1
1582.3
1582.5

Subpart A—General

Scope.
Terms used in this part.
Preemptive effect.

Subpart B—Security Programs
1582.101 Applicability.
1582.103 [Reserved]
1582.105 [Reserved]
1582.107 [Reserved]
1582.109 [Reserved]
1582.111 [Reserved]
1582.113 Security training program general
requirements.
1582.115 Security training and knowledge
for security-sensitive employees.
APPENDIX A TO PART 1582—DETERMINATIONS
FOR PUBLIC TRANSPORTATION AND PASSENGER RAILROADS
APPENDIX B TO PART 1582—SECURITY-SENSITIVE JOB FUNCTIONS FOR PUBLIC TRANSPORTATION AND PASSENGER RAILROADS

§ 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.

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§ 1582.3

49 CFR Ch. XII (10–1–20 Edition)

(b) This part does not apply to a ferry
system required to conduct training
pursuant to 46 U.S.C. 70103.

§ 1582.103

[Reserved]

§ 1582.105

[Reserved]

§ 1582.3

§ 1582.107

[Reserved]

§ 1582.109

[Reserved]

§ 1582.111

[Reserved]

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 means an
employee whose responsibilities for the
owner/operator include one or more of
the security-sensitive job functions
identified in appendix B to this part if
the security-sensitive function is performed in the United States or in direct support of the common carriage of
persons or property between a place in
the United States and any place outside of the United States.
§ 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) of this part
that serves as a host railroad to a
freight operation described in § 1580.301
of this subchapter or to a passenger
train operation described in paragraph
(a)(1) or (a)(2) of this section.

§ 1582.113 Security training program
general requirements.
(a) Security training program required.
Each owner/operator identified in
§ 1582.101 of this part is required to
adopt and carry out a security training
program under this subpart.
(b) General requirements. The security
training program must include the following information:
(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.

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Transportation Security Administration, DHS
(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. (1)
Training conducted by owner/operators
to comply other requirements or standards, such as emergency preparedness
training required by the Department of
Transportation (DOT) (49 CFR part 239)
or other training for communicating
with emergency responders to arrange
the evacuation of passengers, may be
combined with and used to satisfy elements of the training requirements in
this subpart.
(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.
The owner/operator must submit and
implement the security training program in accordance with the schedules
identified in §§ 1570.109 and 1570.111 of
this subchapter.
§ 1582.115 Security
knowledge for
employees.

training
and
security-sensitive

(a) Training required for security-sensitive employees. No owner/operator required to have a security training program under § 1582.101 of this part may
use a security-sensitive employee to
perform a function identified in appendix B to this part unless that individual has received training as part of
a security training program approved
by TSA under 49 CFR part 1570, subpart
B, or is under the direct supervision of
an employee who has received the
training required by this section as applicable to that security-sensitive
function.
(b) Limits on use of untrained employees. Notwithstanding paragraph (a) of
this section, a security-sensitive employee may not perform a security-sensitive function for more than sixty (60)
calendar days without receiving security training.
(c) Prepare. Each owner/operator
must ensure that each of its securitysensitive employees with position- or

§ 1582.115

function-specific responsibilities under
the owner/operator’s security program
have knowledge of how to fulfill those
responsibilities in the event of a security threat, breach, or incident to ensure—
(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. Each owner/operator
must ensure that each of its securitysensitive employees has knowledge of
the observational skills necessary to
recognize—
(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. Each owner/operator must
ensure that each of its security-sensitive employees has knowledge necessary to—
(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. Each owner/operator
must ensure that each of its securitysensitive employees has knowledge of
how to—
(1) Appropriately report a security
threat, including knowing how and
when to report internally to other employees, supervisors, or management,

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Pt. 1582, App. A

49 CFR Ch. XII (10–1–20 Edition)

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

State
CA

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

Urban area

Systems

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.
City of Los Angeles Department of Transportation (LADOT)
Foothill Transit.
Long Beach Transit (LBT).
Los Angeles County Metropolitan Transportation Authority (LACMTA).
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).
Arlington County, Virginia (Arlington Transit).
City of Alexandria (Alexandria Transit Company) (Dash).
Fairfax County Department of Transportation—Fairfax Connector Bus
System.
Maryland Transit Administration (MTA).
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).
Georgia Regional Transportation Authority (GRTA, within State Road and
Tollway Authority (SRTA)).

Greater Los Angeles Area
(Los Angeles/Long Beach
and Anaheim/Santa Ana
urban Areas)..

DC/MD/VA

Greater National Capital Region (National Capital Region and Baltimore urban
Areas)..

GA

Atlanta Area ..........................

Metropolitan Atlanta
Rapid Transit Authority (MARTA)..
IL/IN

Chicago Area ........................

MA
NY/NJ/CT

Boston Area ..........................
New York City/Northern New
Jersey Area (New York
City and Jersey City/Newark urban Areas).

PA/NJ

Philadelphia Area ..................

Chicago Transit Authority (CTA).
Northeast Illinois Regional Commuter Railroad Corporation (Metra/
NIRCRC).
Northern Indiana Commuter Transportation District (NICTD).
PACE Suburban Bus Company.
Massachusetts Bay Transportation Authority (MBTA).
Connecticut Department of Transportation (CDOT).
Connecticut Transit (Hartford Division and New Haven Divisions of
CTTransit).
Metropolitan Transportation Authority (All Agencies).
New Jersey Transit Corp. (NJT).
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).
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.

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Transportation Security Administration, DHS
State

Urban area

Pt. 1582, App. B
Systems

Southeastern Pennsylvania Transportation Authority (SEPTA).

APPENDIX B TO PART 1582—SECURITYSENSITIVE JOB FUNCTIONS FOR PUBLIC
TRANSPORTATION AND PASSENGER RAILROADS

under this part. All employees performing
security-sensitive functions are ‘‘securitysensitive employees’’ for purposes of this
rule and must be trained.

This table identifies security-sensitive job
functions for owner/operators regulated
Security-sensitive job functions for public transportation and
passenger railroads (PTPR)

Categories
A. Operating a vehicle

B. Inspecting and maintaining vehicles

C. Inspecting or maintaining building or transportation infrastructure.

D. Controlling dispatch or movement of a vehicle ......................

E. Providing security of the owner/operator’s equipment and
property.

F. Loading or unloading cargo or baggage

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 49 U.S.C. 21101(5) and 21103.
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.
Employees who—
1. Maintain, install, or inspect communication systems and signal equipment related to the delivery of transportation services.
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 49 U.S.C. 21101(4) and 21104.
Employees who—
1. Dispatch, report, transport, receive or deliver orders pertaining to specific vehicles, coordination of transportation
schedules, tracking of vehicles and equipment.
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 49 U.S.C.
21101(2) and 21105.
Employees who—
1. Provide for the security of PTPR equipment and property,
including acting as a police officer.
2. Patrol and inspect property of an owner/operator regulated
under this subchapter to protect the property, personnel,
passengers and/or cargo.
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.

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Pt. 1584

49 CFR Ch. XII (10–1–20 Edition)
Categories

Security-sensitive job functions for public transportation and
passenger railroads (PTPR)

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.
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.

H. Complying with security programs or measures, including
those required by Federal law.

PART 1583 [RESERVED]

§ 1584.3

PART 1584—HIGHWAY AND
MOTOR CARRIER SECURITY
Subpart A—General
Sec.
1584.1
1584.3

Scope.
Terms used in this part.

Subpart B—Security Programs
1584.101 Applicability.
1584.103 [Reserved]
1584.105 [Reserved]
1584.107 [Reserved]
1584.109 [Reserved]
1584.111 [Reserved]
1584.113 Security training program general
requirements.
1584.115 Security training and knowledge
for security-sensitive employees.
APPENDIX A TO PART 1584—URBAN AREA DETERMINATIONS FOR OVER-THE-ROAD BUSES
APPENDIX B TO PART 1584—SECURITY-SENSITIVE JOB FUNCTIONS FOR OVER-THEROAD BUSES
AUTHORITY: 49 U.S.C. 114; Pub. L. 110–53 (121
Stat. 266, Aug. 3, 2007) secs. 1501 (6 U.S.C.
1151), 1531 (6 U.S.C. 1181), and 1534 (6 U.S.C.
1184).
SOURCE: 85 FR 16515, Mar. 23, 2020, unless
otherwise noted.

Subpart A—General
§ 1584.1

Scope.

This part includes requirements for
persons providing transportation by an
over-the-road bus (OTRB). Specific sections in this part provide detailed requirements.

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 means an
employee whose responsibilities for the
owner/operator include one or more of
the security-sensitive job functions
identified in Appendix B to this part
where the security-sensitive function is
performed in the United States or in
direct support of the common carriage
of persons or property between a place
in the United States and any place outside of the United States.

Subpart B—Security Programs
§ 1584.101

Applicability.

The requirements of this subpart
apply to each OTRB owner/operator
providing fixed-route service that
originates, travels through, or ends in
a geographic location identified in appendix A to this part.
§ 1584.103

[Reserved]

§ 1584.105

[Reserved]

§ 1584.107

[Reserved]

§ 1584.109

[Reserved]

§ 1584.111

[Reserved]

§ 1584.113 Security training program
general requirements.
(a) Security training program required.
Each owner/operator identified in
§ 1584.101 of this part is required to

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