Sunday, December 12, 2021

Review - Fall 2021 Unified Agenda – DHS

On Friday, the Biden Administration published the Fall 2021 Unified Agenda. The Unified Agenda lays out the major regulatory measures that the Administration is considering taking action on over the next year. The listing of a rulemaking or the estimated action dates associated with a rulemaking are aspirational at best and no guarantee of agency action.

DHS Rulemakings

The DHS portion of the UA lists 89 rulemakings, eight of which will be covered here in this blog if/when any actions are taken on them. The table below shows those eight rulemakings.

OS

Final Rule

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

1601-AA76

OS

Final Rule

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

1601-AA78

OS

Final Rule

Department of Homeland Security Cybersecurity Talent Management System

1601-AA84

USCG

Prerule

NEW

Cyber Risk Management in the Commercial Maritime Transportation System

1625-AC77

USCG

Proposed Rule

NEW

2021 Liquid Chemical Categorization Updates

1625-AC73

USCG

Final Rule

Operational Risk Assessments for Waterfront Facilities Handling Liquefied Natural Gas as Fuel and Updates to Industry Standards

1625-AC52

TSA

Proposed Rule

Vetting of Certain Surface Transportation Employees

1652-AA69

CISA

Proposed Rule

Ammonium Nitrate Security Program

1670-AA00

Long-Term Actions

There is a separate section of the Unified Agenda for rulemaking actions that are on the minds of agencies, but for which there is no current intention by those agencies to take action, the Long-Term Actions list. Rulemakings move back and forth between the Long-Term Actions list and the main Unified Agenda listing, sometimes without rhyme or reason. There are currently four rulemakings on the DHS list that would be covered here if the agencies were to take action on those rulemakings.

USCG

Identifying Barriers to Autonomous Vessels

1625-AC54

TSA

Surface Transportation Vulnerability Assessments and Security Plans

1652-AA56

TSA

Surface Transportation Cybersecurity Measures (NEW)

1652-AA74

CISA

Chemical Facility Anti-Terrorism Standards (CFATS)

1670-AA01

For more details on the Unified Agenda listings, including description of the new rulemakings that were added, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/fall-2021-unified-agenda-dhs - subscription required.

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