The TSA today published a Final Rule in the Federal Register that revises its enforcement procedures. The Rule establishes procedures by which the TSA may issue civil monetary penalties for violations of any statutory requirement administered by the TSA. Previously, the TSA assessed administrative civil penalties only for violations of aviation security related statutes under 49 U.S.C. 449 (general security regulations), 49 U.S.C. 46302 (providing false information) and 49 U.S.C. 46303 (carrying a weapon on an aircraft).
The Final Rule also makes several changes to TSA’s enforcement procedures, codified at 49 CFR part 1503. Specifically, it (1) reorganizes and clarifies TSA’s enforcement procedures and make them easier to use; (2) applies TSA’s enforcement procedures to violations of surface transportation requirements and of TSA’s Transportation Worker Identification Credential requirements; and (3) adjusts for inflation the maximum civil penalty amounts.
The Final Rule is effective August 20, 2009. However, the TSA will accept public comments on the Final Rule if they are received by September 21, 2009. If you would like further information regarding the Final Rule, you may contact Sarah Tauber, Office of Chief Counsel, TSA-2, Transportation Security Administration, 601 South 12th Street, Arlington, VA 20598-6002; telephone (571) 227-3964; facsimile (571) 227-1380; e-mail sarah.tauber@dhs.gov.
