TSA Publishes 2011 Enforcement Action Annual Report

The Transportation Security Administration (TSA) published its 2011 annual report on enforcement actions. In 2011, TSA took 21 surface transportation actions. These actions were taken as a result of rail car chain of custody and location violations, as well as Transportation Worker Identification Credential (TWIC) violations (e.g., use of another’s TWIC, fraudulent manufacture of a TWIC). TSA collected a total of $8,500 in civil penalties for the violations.

Transportation Worker Identification Credential (TWIC) Reader Pilot Program Final Report

This week the Transportation Security Administration (TSA) issued a Final Report for its TWIC Reader Pilot Program. The Pilot Program took place over a three year period and included over 30 different TWIC reader models in multiple ports across the country.

Despite some challenges, the report indicated that TWIC readers function properly and make efficient and effective access decisions when installed, operated, and utilized in their intended environment. The Coast Guard will now use the results of the Pilot Program to assist it in preparing a TWIC Reader Notice of Proposed Rulemaking (NPRM) and ultimately, a TWIC Reader Final Rule.

Port Security Grant Program Outreach

The Federal Emergency Management Agency (FEMA) will host two national conference calls for persons interested in applying for Port Security Grant Program (PSGP) funding for FY 2012. The calls are split into East Coast and West Coast, though all are welcome to join either call. The call information, dates, and times are listed below:

Call in Number: 1-800-320-4330
PIN: 318745

East Coast
Wednesday, February 22nd 11:00 a.m. EST

West Coast
Thursday, February 23rd 1:00 p.m. EST

MTSA II Notice of Proposed Rulemaking Timetable

This week, the Department of Homeland Security (DHS) released its semi-annual regulatory
agenda which outlines all current and projected rulemakings, existing regulations,
and completed actions of DHS and its components. The regulatory agenda
indicates that the Coast Guard expects to update its Maritime Transportation Security
Act (MTSA) regulations by incorporating requirements from legislation implemented
since the original publication of MTSA. The Coast Guard anticipates issuing a “MTSA II”
Notice of Proposed Rulemaking (NPRM) by September 2012.

Congressional Research Service Issues Chemical Security Report

The Congressional Research Service (CRS) recently published its latest report on the Chemical Facility Anti-Terrorism Standards (CFATS) program. The report reviews the CFATS legislation offered in the 112th Congress, discusses several ongoing policy issues related to CFATS and identifies various policy options for Congress to consider.

Encoding Error May Cause TWICs to be Rejected by Electronic Readers

The Transportation Security Administration (TSA) recently announced that an encoding error on some 26,000 Transportation Worker Identification Credentials (TWICs) may result in those TWICs being rejected by electronic TWIC readers. The error – which only affects cards issued prior to April 5, 2011 – resulted from a code number being incorrectly embedded on the card’s microchip.

TSA has published a list of TWIC serial numbers that may have the encoding error and will replace affected cards free of charge. TSA has also published a FAQ with further instructions on obtaining a replacement TWIC.

GAO Report: Coast Guard Inspections at Offshore Energy Facilities

The Government Accountability Office (GAO) recently released a report identifying gaps in the Coast Guard’s security inspection policies and procedures at offshore facilities regulated under the Maritime Transportation Security Act (MTSA) as well as at deepwater ports.

For instance, the GAO found that though Coast Guard guidance indicates it should conduct security inspections at Outer Continental Shelf (OCS) facilities annually, the agency only conducted annual inspections at approximately one-third of these facilities from 2008 to 2010. Additionally, while the Coast Guard has taken actions to ensure the security of deepwater ports, including developing and reviewing security plans for these sites, Coast Guard guidance does not call for annual security inspections at these sites. The GAO learned that the Coast Guard had in fact only conducted one security inspection at a deepwater port from 2008 to 2010.

The GAO found that the Coast Guard’s database for storing inspection data has certain limitations that make it difficult to analyze whether required inspections were conducted. It recommends that the Coast Guard make adjustments to ensure that the information entered into its database is more useful and that the Coast Guard develops specific policies and/or guidance to ensure that annual security inspections are conducted at these locations.

U.S. Chemical Safety Board Releases Study on Oil and Gas Facility Explosions

Last week, the U.S. Chemical Safety Board (CSB) published a new study regarding explosions at oil and gas production facilities across the country. The report identified 26 incidents since 1983 that killed 44 members of the public and injured 25 others under the age of 25. It is calling on the Environmental Protection Agency and state regulatory agencies to require improvements in the safety and security measures in place at these sites.

The CSB found that children and young adults in rural areas often visit these sites to socialize, and are unaware of the explosion hazards from storage tanks that contain flammable materials like crude oil and natural gas condensate. When an ignition source such as a match, lighter, or cigarette is introduced it can trigger an internal tank explosion under certain conditions, launching the tank into the air and killing or injuring people nearby.

The report recommends requiring inherently safer tank designs that would reduce the likelihood of an internal explosion when an ignition source is introduced nearby. It also recommends requiring several physical security improvements at these locations such as warning signs, fencing, locked gates, and locks on tank hatches.

Ammonium Nitrate Public Meetings Notice

This week the Department of Homeland Security (DHS) announced a series of public meetings to consult with the public regarding its recently published Ammonium Nitrate Notice of Proposed Rulemaking (NPRM). DHS is seeking input on the issues raised in the NPRM and in this notice. Each meeting is open to the public and is expected to last approximately four hours.

A transcript of each of these public meetings will be provided in the electronic docket for the Ammonium Nitrate Security Program rulemaking (docket number DHS–2008–0076) available at http://www.regulations.gov.

4th Annual Homeland Security Regulatory Update for the Chemical & Petrochemical Industry

The Roberts Law Group is pleased to announce its 4th Annual Homeland Security Regulatory Update for the Chemical & Petrochemical Industry. The event will be held on November 1, 2011 in Houston, Texas, and will address the latest security compliance issues and challenges. Speakers include regulatory experts, industry leaders, and government officials. Click Here for More Information or Click Here to Register.