Security in a Vacuum: Why TSA's Proposed Rules on Rail Security Must Be Reconsidered

Rather than be adopted in a vacuum, rail security regulations must account for: the national efficient rail service need and economic consequences of less efficient rail service; and regulation's economic consequences, including regulation implementation costs, but more importantly, regulation costs to the military, ports, utilities, farmers, shippers of other commodities, and the network. The Transportation Security Administration's (TSA's) failure for real cost examination in its proposed rules and the impact of costs to the broader economy prevent TSA compliance with Executive Order No. 12,866 and its own statute. Those failings may contribute to the delay in movement toward a final rule, assuming that Executive Order compliance by TSA is being forced by the Office of Management and Budget, and if not remedied in any final rules is a potential legal vulnerability.


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Filing Info

  • Accession Number: 01104876
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Jul 17 2008 3:58PM