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TSA took a dozen enforcement actions against CSX Transportation in FY2012

TSA took 27 enforcement actions during fiscal year 2012, including a dozen separate actions against CSX Transportation, a leading cargo railroad; a pending $50,000 fine against an individual named Estevan Sanchez-Hernandez for alleged fraud and intentional falsification related to the TWIC program, and two actions against the Metropolitan Atlanta Rapid Transit Authority, which resulted in a warning notice and a notice of non-compliance.

TSA is obligated by the Implementing Recommendations of the 9/11 Commission Act of 2007 to publish a summary of its security-related enforcement actions during each fiscal year.

The summary it made available on Feb. 15 for fiscal year 2012 (which ended on Sept. 30, 2011) indicates the following:

  • TSA has two penalties pending against CSX Transportation for alleged “rail car chain of custody” violations; one for $6,000 and another for $2,999. In addition, TSA has issued four “letters of correction” to the railroad related to problems with “rail car location and shipping information” and other chain of custody issues; and TSA has issued six separate “warning notices” to the same railroad for additional chain of custody problems. “CSX Corporation, together with its subsidiaries based in Jacksonville, Fla., is one of the nation's leading transportation suppliers,” says the CSX Transportation’s own Website. “The company’s rail and intermodal businesses provide rail-based transportation services including traditional rail service and the transport of intermodal containers and trailers.” On Feb. 19, a CSX spokesman, Gary Sease, replied to GSN's inquiry with the following comment: "CSX places the highest priority on operating a safe, secure railroad, and we take that obligation seriously. We disagree with the Transportation Security Administration’s findings and look forward to the opportunity to set the record straight. At no time was security breached in any way."
  • Estevan Sanchez-Hernandez faces a pending penalty from TSA of $50,000 for his alleged violation of 49 CFR 1570.5(a), which relates to the Transportation Worker Identification Credential (TWC) program. That section of the law prohibits “Any fraudulent or intentionally false statement in any record or report that is kept, made, or used to show compliance…” No further explanation of the violation was included in TSA’s summary document.
  • The Metropolitan Atlanta Rapid Transit Authority, or MARTA, was issued a warning notice and a notice of non-compliance for what TSA termed “reporting significant security concerns.” No penalties were attached to these two notices, according to the TSA summary.
  • Also included in TSA’s report were indications that actions (but no penalties) were taken against such railroads as Northern Southern Corp.; Montreal, Maine and Atlantic Railway; Union Pacific Railroad; Burlington Northern Santa Fe Corp.; Kansas City Southern Rwy Co.; Florida East Coast Rwy Co.; Middletown and Hummelstown Railroad; and the Greater Cleveland Regional Transit Authority.

TSA has the authority to assess civil penalties of up to $10,000 for violations of any surface transportation requirements under title 49 of the U.S. Code or any requirement related to the TWIC program, explains a Federal Register notice published on Feb. 15.  

Further information about these TSA enforcement actions is available from Emily Su, a TSA assistant chief counsel, at 571-227-2305 or [email protected]

 

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