DHS Regulatory Agenda Update 05-11-09

Back in January I wrote about finding the RegInfo.gov website where Federal agencies update their regulatory agenda twice a year. Yesterday the OMB updated the site with the Spring 2009 Update at the same time that each of the Federal departments and separate agencies published their updates in the Federal Register. The OMB site update provides details on individual regulatory actions. Today we’ll look at some of the DHS actions to include the incident reporting, training and security assessment requirements from the 9/11 Commission Act that I looked at in February as well as a brief update on the Ammonium Nitrate regulation. The dates provided below for the NPRM is the current DHS planning for publishing the final rule. Incident Reporting “This proposed rule also would add new procedures by which members of the public could report to TSA a problem, deficiency, or vulnerability regarding transportation security, including the security of aviation, maritime, railroad, motor carrier vehicle, or pipeline transportation, or any mode of public transportation, such as mass transit.”

NPRM – 06-09

Security Training It is these rules that HR 2200 proposes to require the DHS Secretary to report on the progress of rule development efforts. The Implementing Recommendations of the 9/11 Commission Act of 2007 had required DHS to complete these rules back in 2007/2008. Each of these rules will be designed to provide training to prepare “frontline employees for potential security threats and conditions. The regulations will take into consideration any current security training requirements or best practices.”

Railroad – NPRM 01-10 Public Transportation – NPRM 01-10 Over-the-Road Bus Lines – NPRM 01-10

Security Assessments These rules would require “operator[s] assigned by the Secretary of the Department of Homeland Security (DHS) to a high-risk tier to conduct a vulnerability assessment and implement a security plan”. The railroad rule was due in August of 2008 and the bus line rule was due in February of this year. There was no deadline for the public transportation rule.

Railroad – NPRM 03-10 Public Transportation – NPRM 03-10 Over-the-Road Bus Lines – NPRM 03-10

Ammonium Nitrate The advance notice of proposed rule making (ANPRM) for this regulation was introduced in late October of last year with the comment period ending just before the first of the year. Congress required this rule in §563 of the 2008 Consolidated Appropriations Act and set a deadline for the publication of the final rule for May of 2008. This date is good news for the agriculture community as it makes it clear that there will be no regulation this crop year. Distributors were concerned that they might be stuck with inventory when the rules took effect.

NPRM – 09-09