MTSA-CFATS Regulation

As part of the new list of regulatory action planned by the Department of Homeland Security listed on the Unified Agenda web site, one of the two new regulations listed that might be of interest to the chemical security community is a Coast Guard proposed rule that would require MTSA facilities file CFATS Top Screens.

The new rule listed under the Coast Guard will be called “Top Screen Information Collection from MTSA-Regulated Facilities Handling Chemicals” (RIN: 1625-AB64). According to the OIRA web site:

“The Coast Guard proposes to require facilities regulated under the Maritime Transportation Security Act of 2002 (Pub. L. 107-295) (MTSA) that transport or handle certain chemicals of interest to submit a "Top-Screen" to the Department of Homeland Security (DHS). DHS developed Top-Screen under the Chemical Facility Anti-Terrorism Standards (Department of Homeland Security Appropriations Act of 2007 (Pub. L. 109-295), section 550) (CFATS). This rulemaking would not subject MTSA-regulated facilities to CFATS requirements.”

Presumably this new rule would be a result of a memorandum of understanding between DHS Office of Infrastructure Protection (OIP) and the Coast Guard. I have been hearing about the imminent release of such a MOU since last fall.

DHS is expecting to release a notice of proposed rule making (NRPM) for this rule in December. Of course those dates have been known to slip on occasion (Sarcasm Alert).