TSA Gears Up to Collect ‘Threat’ Data from Commuter Train Operators

Photo: Dan Macy

Many commuters may not know it, but the Transportation Security Agency (TSA) purview extends to passenger trains, even the light rail cars you may take to work. Next time the conductor looks at you funny, it might be that he or she is collecting “threat” data to transmit to the TSA.

The TSA, that ubiquitous force at work for safety in the skies, on the rails and elsewhere, is asking for public comment on whether and how it should collect “threat” data from operators of inter-city and commuter passenger trains. It’s the kind of scrutiny most people associate with airports these days, although it’s taking place further in the background on other forms of transit, such as trains.

A notice in the Jan. 13 Federal Register says the TSA is collecting public input until March 13 on an information collection requirement under the federal transportation regulations contained in 49 C.F.R. Part 1580. The collection also requires freight railroad carriers and shippers and receivers of hazardous materials transported by rail, to provide detailed information about the type and location of hazardous materials, particularly in high density areas.

Reportable threats, under the regulation, include the following:

• interference with the train crew;
• reports or discovery of “suspicious items that result in the disruption of railroad operations;”
• suspicious activity occurring onboard a train or around rail cars and facilities; and
• the more obvious list of “threats” including bomb threats.

Since “surveillance of a train or facility” is listed among potential threats, using a camera or wandering far afield from where you’re expected to be may get you unwanted scrutiny.

According to the regulation that authorizes the data collection, train operators who suspect foul play “must immediately report potential threats and significant security concerns to [the Department of Homeland Security, of which TSA is a part] by telephoning the Freedom Center,” in what to some might sound downright Orwellian.

What this Means for Employers

The TSA’s heightened attention to the security of train travel does not place any direct legal or regulatory obligations on employers. Nonetheless, employers may consider taking a few steps, since this new TSA approach can affect business travel and commuting.

Steps an employer may consider include:

• make employees who take business trips aware of the TSA’s broader attention to security;
• monitor TSA notifications and policies regarding guidance for rail travelers;
• adjust corporate policies and documents to reflect the TSA’s new approach and suggest steps employees can take;
• encourage employees to consider the time security measures may add to travel for business trips and commuting; and
• if the employer seeks to encourage use of mass transit and qualified transportation fringe benefits, it can stress the overall benefits of using such ways of getting to and from work.