Thursday, February 8, 2018

ISCD Publishes Truck Terminal FAQ

Today the DHS Infrastructure Security Compliance Division (ISCD) published a new frequently asked question (FAQ) on their Chemical Facility Anti-Terrorism Standards (CFATS) Knowledge Center page. The new FAQ (#1789) addresses the definition of ‘truck terminals’ as they relate to coverage under the CFATS program.

On November 20th, 2007 DHS published the final rule establishing Appendix A to 6 CFR 27. In the preamble to that rule DHS stated: “DHS presently does not plan to screen truck terminals for inclusion in the Section 550 regulatory program [the earlier legislative basis for the CFATS program], and therefore DHS will not request that owners and operators of truck terminals complete the Top-Screen risk assessment methodology.”

FAQ #1789 states that:

“Truck terminals, for the purposes of CFATS, are facilities which serve as a temporary waypoint in the transportation system between a shipment’s point of origin and final destination. While at a truck terminal, the freight remains in its original shipping container and is not opened, regardless of the freight’s dwell time at a truck terminal. Truck terminals are thus distinguishable from distribution centers at which freight is removed from its original shipping container and assembled or repackaged for follow-on shipment using different inbound-outbound modes of transportation.”

This, of course, does not mean that ISCD cannot change its mind at some future date if circumstances change. If they do, however, a new rulemaking would be required; with the attendant public comment and response process.

NOTE (not covered in the FAQ): For facilities with a blended operation with parts of the facility acting as a terminal operation and other parts operating as a distribution center, if the facility owner can separate the two operations they would only be required to complete a Top Screen on the distribution center portion of the facility.

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