Today the DHS Infrastructure Security Compliance Division
(ISCD) added a new frequently asked question (FAQ) to their Chemical Facility
Anti-Terrorism Standards (CFATS) Knowledge Center. The new FAQ (#1784)
and its associated response deal with whether or not amounts of a DHS chemical
of interest (COI) in in transportation packaging needs to be included in the
screening threshold quantity (STQ) calculations for a COI if that packaging is on
or attached to motive power.
The simple answer is; it depends on the security issue
associated with the particular COI. For release COI the answer is clearly, no.
This is covered in 6
USC 27.203(b)(1)(ii). But, §27.203(b)
only applies to release COI. For theft/diversion COI, however, the answer is
yes since §27.203(c)
does not include provisions exempting COI in transportation packaging ‘on or
attached to motive power’.
The FAQ response does include a reference to the preamble to
November 20, 2007 publication of the final rule establishing the CFATS program
and Appendix A to 6 CFR Part 27. That reference refers back to the
discussion of the calculation of the STQ for release chemicals. It is easy,
however, to take that discussion out of context if one just looks at the paragraph on the
bottom of page 65398 since that paragraph does contain a specific reference to §27.203(b);
that reference was included in the previous paragraph.
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