80_FR_10182 80 FR 10145 - Enforcement Actions Summary

80 FR 10145 - Enforcement Actions Summary

DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration

Federal Register Volume 80, Issue 37 (February 25, 2015)

Page Range10145-10146
FR Document2015-03798

The Transportation Security Administration (TSA) is providing notice that it has issued an annual summary of all enforcement actions taken by TSA under the authority granted in the Implementing Recommendations of the 9/11 Commission Act of 2007.

Federal Register, Volume 80 Issue 37 (Wednesday, February 25, 2015) 
[Federal Register Volume 80, Number 37 (Wednesday, February 25, 2015)]
[Notices]
[Pages 10145-10146]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03798]



[[Page 10145]]

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DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration

[Docket No. TSA-2009-0024]


 Enforcement Actions Summary

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 an annual summary of all enforcement actions 
taken by TSA under the authority granted in the Implementing 
Recommendations of the 9/11 Commission Act of 2007.

FOR FURTHER INFORMATION CONTACT: Emily Su, Assistant Chief Counsel, 
Civil Enforcement, Office of the Chief Counsel, TSA-2, Transportation 
Security Administration, 601 South 12th Street, Arlington, VA 20598-
6002; telephone (571) 227-2305; facsimile (571) 227-1378; email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    On August 3, 2007, section 1302(a) of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (the 9/11 Act), 
Public Law 110-53, 121 Stat. 392, gave TSA new authority to assess 
civil penalties for violations of any surface transportation 
requirements under title 49 of the U.S. Code (U.S.C.) and for any 
violations of chapter 701 of title 46 of the U.S. Code, which governs 
transportation worker identification credentials (TWICs).
    Section 1302(a) of the 9/11 Act, codified at 49 U.S.C. 114(v), 
authorizes the Secretary of the Department of Homeland Security (DHS) 
to impose civil penalties of up to $10,000 per violation of any surface 
transportation requirement under 49 U.S.C. or any requirement related 
to TWICs under 46 U.S.C. chapter 701. TSA exercises this function under 
delegated authority from the Secretary. See DHS Delegation No. 7060-2.
    Under 49 U.S.C. 114(v)(7)(A), TSA is required to provide the public 
with an annual summary of all enforcement actions taken by TSA under 
this subsection; and include in each such summary the identifying 
information of each enforcement action, the type of alleged violation, 
the penalty or penalties proposed, and the final assessment amount of 
each penalty. This summary is for calendar year 2014. TSA will publish 
a summary of all enforcement actions taken under the statute in January 
to cover the previous calendar year.

Document Availability

    You can get an electronic copy of both this notice and the 
enforcement actions summary on the Internet by searching the electronic 
Federal Docket Management System (FDMS) Web page at http://www.regulations.gov, Docket No. TSA-2009-0024;
    You can get an electronic copy of only this notice on the Internet 
by--
    (1) Accessing the Government Publishing Office's Web page at http://www.thefederalregister.org/fdsys/browse/collection.action?collectionCode=FR to view 
the daily published Federal Register edition; or accessing the ``Search 
the Federal Register by Citation'' in the ``Related Resources'' column 
on the left, if you need to do a Simple or Advanced search for 
information, such as a type of document that crosses multiple agencies 
or dates; or
    (2) Visiting TSA's Security Regulations Web page at http://www.tsa.gov and accessing the link for ``Stakeholders'' at the top of 
the page, then the link ``Research Center'' in the left column.
    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.

    Issued in Arlington, Virginia, February 19, 2015.
Margot F. Bester,
Principal Deputy Chief Counsel.

February 19, 2015

Annual Summary of Enforcement Actions Taken Under 49 U.S.C. 114(v)

Annual Report
    Pursuant to 49 U.S.C. 114(v)(7)(A), TSA provides the following 
summary of enforcement actions taken by TSA in calendar year 2014 under 
section 114(v).\1\
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    \1\ 49 U.S.C. 114(v)(7)(A) states: In general. Not later than 
December 31, 2008, and annually thereafter, the Secretary shall--(i) 
provide an annual summary to the public of all enforcement actions 
taken by the Secretary under this subsection; and (ii) include in 
each such summary the docket number of each enforcement action, the 
type of alleged violation, the penalty or penalties proposed, and 
the final assessment amount of each penalty.
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Background
    Section 114(v) of title 49 of the U.S. Code gave the Transportation 
Security Administration (TSA) new authority to assess civil penalties 
for violations of any surface transportation requirements under 49 
U.S.C. and for any violations of chapter 701 of title 46 of the U.S. 
Code, which governs transportation worker identification credentials 
(TWICs). Specifically, section 114(v) authorizes the Secretary of the 
Department of Homeland Security (DHS) to impose civil penalties of up 
to $10,000 per violation of any surface transportation requirement 
under title 49 U.S.C. or any requirement related to TWICs under 46 
U.S.C. chapter 701.\2\
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    \2\ TSA exercises this function under delegated authority from 
the Secretary. See DHS Delegation No. 7060-2.

         Enforcement Actions Taken by TSA in Calendar Year 2014
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    TSA Case number/type of
           violation                    Penalty proposed/assessed
------------------------------------------------------------------------
TSA Case # 2013TPA0154--Rail     None (Warning Notice).
 Car Transfer of Custody (49
 CFR 1580.107).
TSA Case # 2013MEM0087--Rail     $30,000/$30,000.
 Car Transfer of Custody (49
 CFR 1580.107).
TSA Case # 2013MEM0049--Rail     None (Warning Notice).
 Car Transfer of Custody (49
 CFR 1580.107).
TSA Case # 2013MEM0090--Rail     $20,000/$15,000.
 Car Transfer of Custody (49
 CFR 1580.107).
TSA Case # 2014ATL0832--Rail     None (Letter of Correction).
 Car Location (49 CFR 1580.103).
TSA Case # 2015BOS0008--TWIC--   None (Warning Notice).
 Fraudulent Use or Manufacture
 (49 CFR 1570.7).
TSA Case # 2015PHL0014--TWIC--   None (Warning Notice).
 Fraudulent Use or Manufacture
 (49 CFR 1570.7).
TSA Case # 2015MOB0002--TWIC--   None (Warning Notice).
 Fraudulent Use or Manufacture
 (49 CFR 1570.7).
TSA Case # 2015JAX0007--TWIC--   None (Warning Notice).
 Fraudulent Use or Manufacture
 (49 CFR 1570.7).
TSA Case # 2015JAX0006--TWIC--   None (Warning Notice).
 Fraudulent Use or Manufacture
 (49 CFR 1570.7).
TSA Case # 2013MCO0310--         None (Letter of Correction).
 Reporting Security Concerns
 (49 CFR 1580.203).
TSA Case # 2014IAD0084--TWIC--   $4,000/$4,000.
 Fraudulent Use or Manufacture
 (49 CFR 1570.7).

[[Page 10146]]

 
TSA Case # 2014IAD0082--TWIC--   $4,000/$4,000.
 Fraudulent Use or Manufacture
 (49 CFR 1570.7).
TSA Case # 2014IAD0083--TWIC--   $4,000/$2,000.
 Fraudulent Use or Manufacture
 (49 CFR 1570.7).
------------------------------------------------------------------------

[FR Doc. 2015-03798 Filed 2-24-15; 8:45 am]
BILLING CODE 9110-05-P

Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Notices 10145 DEPARTMENT OF HOMELAND Homeland Security (DHS) to impose (2) Visiting TSA’s Security SECURITY civil penalties of up to $10,000 per Regulations Web page at http:// violation of any surface transportation www.tsa.gov and accessing the link for Transportation Security Administration requirement under 49 U.S.C. or any ‘‘Stakeholders’’ at the top of the page, [Docket No. TSA–2009–0024] requirement related to TWICs under 46 then the link ‘‘Research Center’’ in the U.S.C. chapter 701. TSA exercises this left column. Enforcement Actions Summary function under delegated authority from In addition, copies are available by the Secretary. See DHS Delegation No. AGENCY: Transportation Security writing or calling the individual in the 7060–2. Administration, DHS. FOR FURTHER INFORMATION CONTACT Under 49 U.S.C. 114(v)(7)(A), TSA is required to provide the public with an section. Make sure to identify the docket ACTION: Notice of availability. annual summary of all enforcement number of this rulemaking. SUMMARY: The Transportation Security actions taken by TSA under this Issued in Arlington, Virginia, February 19, Administration (TSA) is providing subsection; and include in each such 2015. notice that it has issued an annual summary the identifying information of Margot F. Bester, summary of all enforcement actions each enforcement action, the type of Principal Deputy Chief Counsel. taken by TSA under the authority alleged violation, the penalty or granted in the Implementing penalties proposed, and the final February 19, 2015 Recommendations of the 9/11 assessment amount of each penalty. Commission Act of 2007. This summary is for calendar year 2014. Annual Summary of Enforcement TSA will publish a summary of all Actions Taken Under 49 U.S.C. 114(v) FOR FURTHER INFORMATION CONTACT: Emily Su, Assistant Chief Counsel, Civil enforcement actions taken under the Annual Report Enforcement, Office of the Chief statute in January to cover the previous Counsel, TSA–2, Transportation calendar year. Pursuant to 49 U.S.C. 114(v)(7)(A), Security Administration, 601 South TSA provides the following summary of Document Availability 12th Street, Arlington, VA 20598–6002; enforcement actions taken by TSA in telephone (571) 227–2305; facsimile You can get an electronic copy of both calendar year 2014 under section (571) 227–1378; email emily.su@ this notice and the enforcement actions 114(v).1 dhs.gov. summary on the Internet by searching the electronic Federal Docket Background SUPPLEMENTARY INFORMATION: Management System (FDMS) Web page at http://www.regulations.gov, Docket Section 114(v) of title 49 of the U.S. Background Code gave the Transportation Security No. TSA–2009–0024; On August 3, 2007, section 1302(a) of You can get an electronic copy of only Administration (TSA) new authority to the Implementing Recommendations of this notice on the Internet by— assess civil penalties for violations of the 9/11 Commission Act of 2007 (the (1) Accessing the Government any surface transportation requirements 9/11 Act), Public Law 110–53, 121 Stat. Publishing Office’s Web page at http:// under 49 U.S.C. and for any violations 392, gave TSA new authority to assess www.gpo.gov/fdsys/browse/ of chapter 701 of title 46 of the U.S. civil penalties for violations of any collection.action?collectionCode=FR to Code, which governs transportation surface transportation requirements view the daily published Federal worker identification credentials under title 49 of the U.S. Code (U.S.C.) Register edition; or accessing the (TWICs). Specifically, section 114(v) and for any violations of chapter 701 of ‘‘Search the Federal Register by authorizes the Secretary of the title 46 of the U.S. Code, which governs Citation’’ in the ‘‘Related Resources’’ Department of Homeland Security transportation worker identification column on the left, if you need to do a (DHS) to impose civil penalties of up to credentials (TWICs). Simple or Advanced search for $10,000 per violation of any surface Section 1302(a) of the 9/11 Act, information, such as a type of document transportation requirement under title codified at 49 U.S.C. 114(v), authorizes that crosses multiple agencies or dates; 49 U.S.C. or any requirement related to the Secretary of the Department of or TWICs under 46 U.S.C. chapter 701.2 ENFORCEMENT ACTIONS TAKEN BY TSA IN CALENDAR YEAR 2014 TSA Case number/type of violation Penalty proposed/assessed TSA Case # 2013TPA0154—Rail Car Transfer of Custody (49 CFR 1580.107) ...................................................... None (Warning Notice). TSA Case # 2013MEM0087—Rail Car Transfer of Custody (49 CFR 1580.107) ..................................................... $30,000/$30,000. TSA Case # 2013MEM0049—Rail Car Transfer of Custody (49 CFR 1580.107) ..................................................... None (Warning Notice). TSA Case # 2013MEM0090—Rail Car Transfer of Custody (49 CFR 1580.107) ..................................................... $20,000/$15,000. TSA Case # 2014ATL0832—Rail Car Location (49 CFR 1580.103) ......................................................................... None (Letter of Correction). TSA Case # 2015BOS0008—TWIC—Fraudulent Use or Manufacture (49 CFR 1570.7) ......................................... None (Warning Notice). TSA Case # 2015PHL0014—TWIC—Fraudulent Use or Manufacture (49 CFR 1570.7) ......................................... None (Warning Notice). TSA Case # 2015MOB0002—TWIC—Fraudulent Use or Manufacture (49 CFR 1570.7) ........................................ None (Warning Notice). asabaliauskas on DSK5VPTVN1PROD with NOTICES TSA Case # 2015JAX0007—TWIC—Fraudulent Use or Manufacture (49 CFR 1570.7) .......................................... None (Warning Notice). TSA Case # 2015JAX0006—TWIC—Fraudulent Use or Manufacture (49 CFR 1570.7) .......................................... None (Warning Notice). TSA Case # 2013MCO0310—Reporting Security Concerns (49 CFR 1580.203) ..................................................... None (Letter of Correction). TSA Case # 2014IAD0084—TWIC—Fraudulent Use or Manufacture (49 CFR 1570.7) .......................................... $4,000/$4,000. 1 49 U.S.C. 114(v)(7)(A) states: In general. Not subsection; and (ii) include in each such summary 2 TSA exercises this function under delegated later than December 31, 2008, and annually the docket number of each enforcement action, the authority from the Secretary. See DHS Delegation thereafter, the Secretary shall—(i) provide an type of alleged violation, the penalty or penalties No. 7060–2. annual summary to the public of all enforcement proposed, and the final assessment amount of each actions taken by the Secretary under this penalty. 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10146 Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Notices ENFORCEMENT ACTIONS TAKEN BY TSA IN CALENDAR YEAR 2014—Continued TSA Case number/type of violation Penalty proposed/assessed TSA Case # 2014IAD0082—TWIC—Fraudulent Use or Manufacture (49 CFR 1570.7) .......................................... $4,000/$4,000. TSA Case # 2014IAD0083—TWIC—Fraudulent Use or Manufacture (49 CFR 1570.7) .......................................... $4,000/$2,000. [FR Doc. 2015–03798 Filed 2–24–15; 8:45 am] impaired persons may access these revitalization planning contemplates not BILLING CODE 9110–05–P numbers through TTY by calling the only the conversion of assistance Federal Relay Service at 800–877–8339 pursuant to RAD, but also to (this is a toll-free number). supplement such converted projects by DEPARTMENT OF HOUSING AND project-basing additional voucher Background and Action URBAN DEVELOPMENT assistance. SFHA has submitted a The RAD statute (Pub. L. 112–55, waiver request that seeks permission to [Docket No. FR–5851–N–01] approved November 18, 2011) gives apply the Applicable Alternative HUD authority to waive or specify Tenanting Requirements to all units in Rental Assistance Demonstration alternative requirements for, among (RAD)—Alternative Requirements or those projects with assistance converted other things, section 8(o)(13) of the under RAD. HUD has granted that Waivers: Waiving and Specifying United States Housing Act of 1937 (the Alternative Requirements for the 20 request, subject to certain conditions 1937 Act). In order to utilize this which SFHA has agreed to carry out. Percent Portfolio Cap on Project- authority, the RAD statute requires HUD Basing and Certain Tenant Protection to publish by notice in the Federal Dated: February 13, 2015. and Participation Provisions for the Register any waiver or alternative Jemine A. Bryon, San Francisco Housing Authority’s requirement no later than 10 days before Acting Assistant Secretary for Public and RAD Projects the effective date of such notice. This Indian Housing. notice meets this publication Biniam T. Gebre, AGENCY: Office of the Assistant Secretary for Public and Indian requirement. Acting Assistant Secretary for Housing— On July 2, 2013, notice 2012–32 Rev- Federal Housing Commissioner. Housing, and Office of the Assistant 1(as corrected by the technical [FR Doc. 2015–03780 Filed 2–24–15; 8:45 am] Secretary for Housing—Federal Housing correction issued February 6, 2014) BILLING CODE 4210–67–P Commissioner, HUD. (‘‘the revised notice’’) superseded PIH ACTION: Notice. Notice 2012–32. The revised notice is SUMMARY: The RAD statute gives HUD found at the following URL: http:// DEPARTMENT OF THE INTERIOR authority to establish waivers and portal.hud.gov/hudportal/HUD?src=/ alternative requirements. Pursuant to program_offices/public_indian_ Bureau of Indian Affairs this authority, HUD has waived, to date, housing/publications/notices/2012. The revised notice at section 1.9, [K00103 12/13 A3A10; 134D0102DR– the statutory 20 percent cap on project- DS5A300000–DR.5A311.IA000113] paragraph F, entitled ‘‘Portfolio basing of a PHA’s tenant-based voucher Awards,’’ also sets forth a new option of Guidelines for State Courts and funding for RAD-converted units. This a ‘‘portfolio award,’’ which allows PHAs Agencies in Indian Child Custody notice advises that HUD is waiving for to apply for RAD conversions affecting Proceedings the San Francisco Housing Authority a group of projects. This type of award (SFHA), to a limited extent and subject is meant to enable PHAs to create a AGENCY: Bureau of Indian Affairs, to certain conditions, the 20 percent cap comprehensive revitalization plan for Interior. on project-basing and certain other multiple buildings they oversee. SFHA ACTION: Notice. provisions governing project-based has submitted an application for a assistance with respect to an identified SUMMARY: These updated guidelines portfolio award under RAD. portfolio that includes RAD funding. provide guidance to State courts and The revised notice contains a waiver These waivers are in response to plans child welfare agencies implementing the of 8(o)(13)(B) and other sections of the submitted by SFHA to address capital Indian Child Welfare Act’s (ICWA) 1937 Act. Section 1.6, ‘‘Special needs of the portfolio and preserve provisions in light of written and oral Provisions Affecting Conversions to available affordable housing for the comments received during a review of PBVs,’’ at paragraph A.1, allows a SFHA’s jurisdiction. Without this the Bureau of Indian Affairs (BIA) project that converts from one form of waiver, SFHA states that its plan for Guidelines for State Courts in Indian rental assistance to another under RAD improving its affordable housing Child Custody Proceedings published in to exceed the 20 percent project-basing portfolio with RAD would not be 1979. They also reflect cap. Section 1.6.A.2 allows sets workable, and the conversion of units recommendations made by the Attorney alternate requirements for the percent under RAD would not be effective for its General’s Advisory Committee on limitation on the number of units in a purpose. American Indian/Alaska Native project that may receive PBV assistance. DATES: Effective Date: March 9, 2015. Section 1.6.C. sets forth alternative Children Exposed to Violence and asabaliauskas on DSK5VPTVN1PROD with NOTICES FOR FURTHER INFORMATION CONTACT: requirements for resident rights and significant developments in Janet Golrick, Acting Director of the participation. (Collectively, the waivers jurisprudence since ICWA’s inception. Office of Recapitalization, Office of and alternative requirements set forth in The updated BIA Guidelines for State Housing, Department of Housing and Sections 1.6.A.1, 1.6.A.2 and 1.6.C are Courts and Agencies in Indian Child Urban Development, 451 7th Street SW., referred to herein as the ‘‘Applicable Custody Proceedings promote Washington, DC 20410–7000; telephone Alternative Tenanting Requirements.’’) compliance with ICWA’s stated goals number 202–708–0001 (this is not a toll- As part of its application for a and provisions by providing a free number). Hearing- and speech- portfolio award, SFHA’s comprehensive framework for State courts and child VerDate Sep<11>2014 18:05 Feb 24, 2015 Jkt 235001 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\25FEN1.SGM 25FEN1


Document Created: 2015-12-18 13:09:04
Document Modified: 2015-12-18 13:09:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability.
ContactEmily Su, Assistant Chief Counsel, Civil Enforcement, Office of the Chief Counsel, TSA-2, Transportation Security Administration, 601 South 12th Street, Arlington, VA 20598- 6002; telephone (571) 227-2305; facsimile (571) 227-1378; email [email protected]
FR Citation80 FR 10145 
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