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.
Posts
