Today the Coast Guard published a notice in the Federal
Register (78 FR
7334-7336) requesting comments on how to best proceed with the
implementation of §822 of the Coast Guard Authorization Act of 2010 (Pub. L. 111-281). While the words ‘advanced notice of
proposed rulemaking’ are nowhere to be found in this notice, this is certainly
what it appears to be.
In passing the Coast Guard Authorization Act of 2010
Congress added two new mandates in §822:
• Make a current copy of the
vulnerability assessment conducted under subsection (b) available to the port
authority with jurisdiction of the facility and appropriate State or local law
enforcement agencies; and
• Integrate, to the maximum extent
practical, any security system for the facility with compatible systems
operated or maintained by the appropriate State, law enforcement agencies, and
the Coast Guard.
Facility Vulnerability Assessment
The Coast Guard is considering four possible options for the
requirement to share vulnerability assessments:
• Require each MTSA-regulated
facility owner or operator to make a copy of the current FVA available to the
cognizant Coast Guard Captain of the Port, port authority, and State and local
law enforcement agencies, upon request.
• Require each MTSA-regulated
facility owner or operator to proactively provide a copy of the current FVA to
the port authority and State and local law enforcement agencies at a prescribed
time interval (as opposed to making copies of FVAs available to the port
authorities and law enforcement upon request).
• Require each MTSA-regulated
facility owner or operator to share the current FVA with the port authority and
State and local law enforcement agencies annually at the annual exercise
required under 33 CFR 105.220 or at a newly required annual FVA sharing
meeting.
• Require each MTSA-regulated
facility owner or operator to share the current FVA with the port authority and
State and local law enforcement agencies during the regularly scheduled 5-year re-submission process of the Facility Security Plan (FSP).
Security System Integration
The Coast Guard is considering four options for fulfilling the
security system integration requirements of the mandate:
• Require each MTSA-regulated
facility owner or operator to have and demonstrate via annual exercises the
ability to provide manual alerts regarding a transportation security incident (TSI) to appropriate State and local
law enforcement agencies and the Coast Guard.
• Require each MTSA-regulated
facility owner or operator to have and demonstrate via annual exercises the
ability to provide automated alerts regarding a TSI to appropriate State and
local law enforcement agencies and the Coast Guard.
• Require each MTSA-regulated
facility owner or operator to make security data feeds regarding a TSI (e.g.,
alerts, video feeds, alarms, etc.) available to appropriate State and local law
enforcement agencies and the Coast Guard.
• Require each MTSA-regulated
facility owner or operator to incorporate a technological solution that
integrates their electronic surveillance and communications systems with
compatible systems operated or maintained by the appropriate State and local
law enforcement agencies and the Coast Guard.
Request for Comments
The Coast Guard is actively looking for input on these
potential methods of meeting the Congressional mandate. The notice provides a
series of specific questions that they are specifically looking to have answered.
Additionally they are looking for comments on the feasibility, costs, and
benefits of each of the preliminary alternatives described above.
Comments may be submitted via the Federal eRulemaking Portal
(www.Regulations.gov; Docket # USCG-2012-0907).
Comments should be submitted by May 2, 2013.
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