“The Coast Guard proposes certain additions, changes, and amendments to 33 CFR, subchapter H. The proposed changes would enhance the security of our nation's ports, vessels, facilities, and Outer Continental Shelf facilities and incorporate requirements from legislation implemented since the original publication of these regulations in 2003. “One item missing from my current list that was included in my December blog is the Protection of Sensitive Security Information (SSI), RIN 1652-AA08. This item was implemented as an ‘interim final rule’ back in June of 2004. The last Fall Agenda carried its final action as ‘To Be Determined’. That is still the listed final action so there is no real reason for me to continue to track it. Regulatory Timing Slips Once again, DHS has let the projected time for the completion of the next step in the regulatory process slip for four of the seven rules. It would probably have been seven for seven except that one of the rules listed is new and the other two never did have projected dates that could slip, they were just TBD. The dates that were provided are listed below. Of those in the list all but two are significantly past the date that Congress mandated in the authorizing legislation to have the regulations in place. Neither the MTSA II rule nor the LNG rule have been mandated by Congress.
Tuesday, April 27, 2010
DHS Spring Regulatory Agenda
This week DHS, along with the rest of the Executive Branch, published their Spring 2010 Regulatory Agenda. The Flexibility Agenda was published in Monday’s Federal Register and the complete agenda was published on the RegInfo.gov web site. The Flexibility Agenda is required to include those items “which (are) likely to have a significant economic impact on a substantial number of small entities” (75 FR 21806). Interestingly, nothing on that 'flexible' agenda is of specific interest to the chemical security community. BTW, the full explanation of the Spring Regulatory Agenda can be found under the Regulatory Information Service Center listing in the Federal Register. Chemical Security Agenda I have identified seven items on the DHS Spring Regulatory Agenda that are of likely interest to the chemical security community. Those items are: Secure Handling of Ammonium Nitrate Program Maritime Security (MTSA II) Revision of LNG and LHG Waterfront Facility General Requirements Transportation Worker Identification Credential (TWIC); Card Reader Requirements Freight Railroads--Security Training of Employees Freight Railroads--Vulnerability Assessment and Security Plan Reporting of Security Issues I discussed six of these items last December when the Fall Agenda was published. The new item is the second item, the MTSA II entry. According to the summary for that agenda item this rule addresses proposed updates to the TSA regulations: