DHS Publishes Semiannual Regulatory Agenda – 11-16-18

Today the Department of Homeland Security (DHS) published their Fall 2018 Semiannual Regulatory Agenda in the Federal Register (83 FR 58031-58038). This is essentially an abstract of some of the information that was originally published in the Fall 2018 Unified Agenda. This Regulatory Agenda identifies a few of the rulemaking activities from the UA that agencies of DHS probably intend to getting around to in the coming six months or so, but is clearly not any indication of whether or not that activity will actually occur.

Some of the DHS rulemakings from this RA that I will be watching if/when they are actually published will be:

• Ammonium Nitrate Security Program;

• Homeland Security Acquisition Regulation: Safeguarding of Controlled Unclassified Sensitive Information (HSAR Case 2015-001);

• Homeland Security Acquisition Regulation: Information Technology Security Awareness Training (HSAR Case 2015-002);

• Chemical Facility Anti-Terrorism Standards (CFATS);

• Security Training for Surface Transportation Employees;

It is odd that the last of the rulemakings listed above is not actually explicated in the DHS document. Instead, you have to go to the Regulatory Information Service Center’s RA entry in the Federal Register to find the full explanation for the security training rulemaking.

Of course, there is nothing new here that was not published weeks ago in the UA; publishing it in the Federal Register just makes is slightly more official. It does not, however, mean that we will see these specific rulemakings any quicker. Rulemaking is like making fine wines, it takes a long time and you cannot tell until the process is completed how good the product actually is.

Thank goodness we are not relying on paper distribution of the Federal Register anymore, this would be a deforestation product.