The Department of Homeland Security (DHS) announced Monday in the Federal Register that its Homeland Security Advisory Council (HSAC) will hold a teleconference meeting on May 13, 2010, in order to receive the initial report of the Counter Violent Extremism Working Group (CVEW). CVEW was formed last January in order to coordinate counter-violent extremism efforts across DHS.
All members of the public are welcome to join by dialing into the teleconference, which will take place from 4PM to 5PM EST. Anyone wishing to participate in the teleconference must provide full legal name, e-mail address and phone number no later than 5 p.m. EST on May 11, 2010, to a staff member of the HSAC via e-mail at HSAC@dhs.gov or via phone at (202) 447-3135. Any written comments submitted by the public before the meeting must be received electronically by May 7, 2010 and should reference Docket Number DHS-2010-0030.
Monday, April 19, 2010
Tuesday, April 13, 2010
DHS Publishes CFATS Personnel Surety Request for Comments in Federal Register
The Department of Homeland Security (DHS) on Tuesday published in the Federal Register a 30-day notice and request for comments (representing a new information collection request (ICR)) relating personnel surety as outlined under the Chemical Facility Anti-Terrorism Standards (CFATS). Tuesday's 30-day ICR follows a separate 60-day public notice for comments originally published June 10, 2009, to which seventeen comments were submitted last year.
Specifically, DHS is interested in comments that:
Specifically, DHS is interested in comments that:
- Respond to DHS’s interpretation of the population affected by RBPS–12 background checks, as outlined in 6 CFR 27.230(a)(12);
- Respond to fact that DHS or a Federal law enforcement agency may, if appropriate, contact the high-risk chemical facility as a part of a law enforcement investigation into terrorist ties of facility personnel;
- Respond to DHS's intention to collect information that identifies the high-risk chemical facilities, restricted areas and critical assets to which each affected individual has access; and
- Respond to DHS on its intention to seek an exception to the notice requirement under 5 CFR 1320.8(b)(3).
Monday, April 12, 2010
Federal Railroad Administration Publishes Information Request Collection Notice in Federal Register
The Federal Railroad Administration (FRA) on Friday published in the Federal Register a 60-day notice of their intent to file an Information Collection Request (ICR) to the Office of Management and Budget (OMB), marking an initial step towards the establishment of an online reporting system that would allow the public to report "potential violations of Federal railroad safety and hazardous materials transportation laws.” FRA seeks OMB approval for the specific information being proposed to be collected on the Alleged Violation Reporting Form (Form FRA F 6180.151), which will be an online reporting tool. This public safety-reporting tool implementation is required by §307(b) of the Rail Safety Improvement Act of 2008.
The 60-day comment period will end on June 7, 2010. Comments may be transmitted via fax to (202) 493-6216 or (202) 493-6497, or via e-mail to robert.brogan@dot.gov or kimberly.toone@dot.gov. Submissions must include a reference to “OMB control number 2130-New”.
The 60-day comment period will end on June 7, 2010. Comments may be transmitted via fax to (202) 493-6216 or (202) 493-6497, or via e-mail to robert.brogan@dot.gov or kimberly.toone@dot.gov. Submissions must include a reference to “OMB control number 2130-New”.
Friday, April 9, 2010
DHS and CSCC to Host Chemical Security Seminar in July
The Department of Homeland Security's Office of Infrastructure Protection and the Chemical Sector Coordinating Council (CSCC) announced earlier this year that they will co-host the 2010 Chemical Sector Security Summit July 7-8, in Baltimore, Maryland. Attendance is free of charge.
The annual Chemical Sector Security Summit is an opportunity for security professionals with a need to know the Chemical Facility Anti-Terrorism Standards (CFATS) or other chemical security- or transportation security-related issues to exchange information with other members of industry. Attendees will also have an opportunity to learn the latest status of CFATS and pending chemical security legislation, as well as to gain insight into the role of various government agencies and departments with a hand in chemical and transportation security. Of note, the Summit will include some discussion of lessons-learned during the very first CFATS inspections that have occurred early this year. A preliminary agenda can be found here. Interested parties can register here.
The annual Chemical Sector Security Summit is an opportunity for security professionals with a need to know the Chemical Facility Anti-Terrorism Standards (CFATS) or other chemical security- or transportation security-related issues to exchange information with other members of industry. Attendees will also have an opportunity to learn the latest status of CFATS and pending chemical security legislation, as well as to gain insight into the role of various government agencies and departments with a hand in chemical and transportation security. Of note, the Summit will include some discussion of lessons-learned during the very first CFATS inspections that have occurred early this year. A preliminary agenda can be found here. Interested parties can register here.
Wednesday, April 7, 2010
PHMSA Proposes Changes in Combustible Liquids Shipping Regulations
The Pipeline and Hazardous Materials Safety Administration (PHMSA) on Monday published an Advance Notice of Proposed Rulemaking (ANPRM) in the Federal Register that would provide changes to the hazardous materials regulations (HMR) [at 49 CFR Parts 100-185]. The ANPRM, published at 75 Fed. Reg. 17111-19, would harmonize the regulations for shipments of combustible liquids with international hazmat shipping regulations. PHMSA proposes the change in the HMR based on three petitions submitted by the International Vessel Operators Hazardous Materials Association, the Dangerous Goods Advisory Council, and U.S. Custom Harvesters, Inc.
Under the ANPRM, PHMSA seeks comment from industry on the potential harmonization of HMR definitions and requirements for combustible liquids with international standards, as well as the modification of domestic marking and placarding of combustible liquids in order to eliminate confusion upon shipment overseas and the possible expansion of current HMR exceptions for combustible liquids to also accommodate unique operational requirements.
The public ANPRM comment period ends July 6, 2010. PHMSA is accepting electronic comment submissions via the Federal eRulemaking Portal using docket number PHMSA-2009-0241 (HM-242). Comments may also be submitted via fax, (202) 493-2251, or via mail, to:Docket Management System; U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
Under the ANPRM, PHMSA seeks comment from industry on the potential harmonization of HMR definitions and requirements for combustible liquids with international standards, as well as the modification of domestic marking and placarding of combustible liquids in order to eliminate confusion upon shipment overseas and the possible expansion of current HMR exceptions for combustible liquids to also accommodate unique operational requirements.
The public ANPRM comment period ends July 6, 2010. PHMSA is accepting electronic comment submissions via the Federal eRulemaking Portal using docket number PHMSA-2009-0241 (HM-242). Comments may also be submitted via fax, (202) 493-2251, or via mail, to:Docket Management System; U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
Friday, April 2, 2010
DHS Updates Counterterrorism Laws & Regulations Webpage
Late last month, the Department of Homeland Security (DHS) updated its Laws & Regulations webpage in the Counterterrorism section of its website. Under Chemical Security, DHS updated the Paperwork Reduction Act Notices for Comment subsection by adding three notes regarding Office of Management and Budget (OMB) approval of three Information Collection Requests (ICRs): OMB Collection #'s 1670-0007, 1670-0014, and 1670-0015. All three of these ICRs will be good until March 19, 2013.
OMB Collection #1670-0007
OMB 1670-0007 was an update of a previously-approved ICR dealing with the basic forms included in the Chemical Security Assessment Tool (CSAT). It includes the forms for: CFATS Helpdesk, Chemical-terrorism Vulnerability Information (CVI) Authorization, CSAT User Registration, CSAT Top-Screen, CSAT Security Vulnerability Assessment (SVA), CSAT Alternative Security Program (ASP) submitted in lieu of the CSAT SVA, CSAT Site Security Plan (SSP), and ASP submitted in lieu of the CSAT SSP.
This update included a significant decrease in the number of expected annual responses expected for these forms, based on the fact that most facilities who have already submitted the initial CFATS Top-Screen will not submit future additional Top-Screens or SVAs, unless there is a significant modification in the amount or type of COI stored on site.
OMB Collection #1670-0014
OMB 1670-0014 was a new request covering forms used in: Request for Redetermination, Request for an Extension, Notification of New Top-Screen, and Request for a Technical Consultation. These forms were not included in the original CSAT ICR and are an outgrowth of the original CFATS documents.
OMB Collection #1670-0015
OMB 1670-0015 was a new request covering forms used in the administration of CVI. These forms include: the Chemical-terrorism Vulnerability Information Tracking Log, Notification of CVI Access Exigent Circumstances, Report of Potential Release of CVI, Request for Determination of CVI, CVI Authority, and Determination of a Public Official’s Need to Know. With the exception of the CVI Authority, these forms were not included in the original CSAT ICR.
OMB Collection #1670-0007
OMB 1670-0007 was an update of a previously-approved ICR dealing with the basic forms included in the Chemical Security Assessment Tool (CSAT). It includes the forms for: CFATS Helpdesk, Chemical-terrorism Vulnerability Information (CVI) Authorization, CSAT User Registration, CSAT Top-Screen, CSAT Security Vulnerability Assessment (SVA), CSAT Alternative Security Program (ASP) submitted in lieu of the CSAT SVA, CSAT Site Security Plan (SSP), and ASP submitted in lieu of the CSAT SSP.
This update included a significant decrease in the number of expected annual responses expected for these forms, based on the fact that most facilities who have already submitted the initial CFATS Top-Screen will not submit future additional Top-Screens or SVAs, unless there is a significant modification in the amount or type of COI stored on site.
OMB Collection #1670-0014
OMB 1670-0014 was a new request covering forms used in: Request for Redetermination, Request for an Extension, Notification of New Top-Screen, and Request for a Technical Consultation. These forms were not included in the original CSAT ICR and are an outgrowth of the original CFATS documents.
OMB Collection #1670-0015
OMB 1670-0015 was a new request covering forms used in the administration of CVI. These forms include: the Chemical-terrorism Vulnerability Information Tracking Log, Notification of CVI Access Exigent Circumstances, Report of Potential Release of CVI, Request for Determination of CVI, CVI Authority, and Determination of a Public Official’s Need to Know. With the exception of the CVI Authority, these forms were not included in the original CSAT ICR.
Tuesday, March 30, 2010
FEMA Publishes Information Collection Request Notice in Federal Register
The Federal Emergency Management Administration (FEMA) on Monday published in the Federal Register a new 30-day Information Collection Request (ICR) notice supporting the FEMA Port Security Grant Program (PSGP). The original 60-day notice for this ICR was published in the Federal Register on November 17, 2009. FEMA has submitted this information collection request to the Office of Management and Budget (OMB) for review and clearance.
FEMA's PSGP was created to create a collaborative, risk-based counter-terrorism initiative by protecting critical port infrastructure from terrorist acts, especially those where explosives or non-conventional threats could cause a major disruption to U.S. commerce. The PSGP provides grant funding to U.S. port areas to assist in U.S. port protection, by enhancing maritime domain awareness and enhancing the ability to prevent, detect, respond to, and recover from a variety of potential terrorist attacks. FEMA “uses the [ICR] to evaluate applicants' familiarity with the national preparedness architecture and identify how elements of this architecture have been incorporated into regional/state/local planning, operations, and investments.”
Monday's request varies slightly from the original November ICR. FEMA Form 089-21, Ferry Investment Justification, has been removed. Additionally, FEMA added “Business or other for-profit” to the Affected Public portion of the request, which resulted in an increase in the Estimated Number of Respondents and in the Estimated Total Annual Burden Hours.
The new comment period ends April 28, 2010. Public comments should be addressed to the Desk Officer for the Department of Homeland Security, Federal Emergency Management Agency, and sent via email to oira.submission@omb.eop.gov or faxed to (202) 395-5806.
FEMA's PSGP was created to create a collaborative, risk-based counter-terrorism initiative by protecting critical port infrastructure from terrorist acts, especially those where explosives or non-conventional threats could cause a major disruption to U.S. commerce. The PSGP provides grant funding to U.S. port areas to assist in U.S. port protection, by enhancing maritime domain awareness and enhancing the ability to prevent, detect, respond to, and recover from a variety of potential terrorist attacks. FEMA “uses the [ICR] to evaluate applicants' familiarity with the national preparedness architecture and identify how elements of this architecture have been incorporated into regional/state/local planning, operations, and investments.”
Monday's request varies slightly from the original November ICR. FEMA Form 089-21, Ferry Investment Justification, has been removed. Additionally, FEMA added “Business or other for-profit” to the Affected Public portion of the request, which resulted in an increase in the Estimated Number of Respondents and in the Estimated Total Annual Burden Hours.
The new comment period ends April 28, 2010. Public comments should be addressed to the Desk Officer for the Department of Homeland Security, Federal Emergency Management Agency, and sent via email to oira.submission@omb.eop.gov or faxed to (202) 395-5806.
Friday, March 26, 2010
DHS's National Infrastructure Advisory Council to Hold Meeting
The Department of Homeland Security (DHS) announced Tuesday that its National Infrastructure Advisory Council (NIAC) will hold a meeting on Tuesday, January 12, 2010, from 1:30pm to 4:30pm. NIAC, composed of members from private industry, academia, and state and local government that are appointed by the U.S. President, submits reports and issues advice to the President regarding the eighteen critical infrastructure and key resources (CIKR) and their information systems. The published agenda for the April meeting is to discuss reports from two of the NIAC's working groups: "A Framework for Establishing Critical Infrastructure Resilience Goals," and "Optimization of Resources for Mitigating Infrastructure Disruption." The linked presentations are from the January 12, 2010 NIAC meeting.
Participation in the meeting is limited to committee members and other DHS officials. However, the meeting is open to public comment. Members of the public may submit written comments by December 30, 2010, either online through the Federal eRulemaking Portal, or via mail, to: Nancy Wong, Department of Homeland Security, National Protection and Programs Directorate, 245 Murray Lane, SW., Mail Stop 0607, Arlington, VA 20598-0607. Comments should reference Docket No. DHS-2010-0025.
Participation in the meeting is limited to committee members and other DHS officials. However, the meeting is open to public comment. Members of the public may submit written comments by December 30, 2010, either online through the Federal eRulemaking Portal, or via mail, to: Nancy Wong, Department of Homeland Security, National Protection and Programs Directorate, 245 Murray Lane, SW., Mail Stop 0607, Arlington, VA 20598-0607. Comments should reference Docket No. DHS-2010-0025.
Wednesday, March 10, 2010
PHMSA Publishes HMR Security Plan Final Rule
The Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) on Tuesday published in the Federal Register a Final Rule regarding security plans for shipments of hazardous materials (hazmats) under the hazardous materials regulations (HMR) [at 49 CFR Parts 100-185]. The Rule, published at 75 Fed. Reg. 10974-89, would amend 49 CFR Part 172 to clarify that shippers and carriers of hazmats covered by HMR should adopt security plans required under the rule only after considering specific risks and vulnerabilities, as opposed to using generic security plans. The Final Rule authorizes voluntary compliance as of April 8, 2010. In order to allow companies to make required changes in their current security plans, the effective date for the Rule is October 1, 2010.
Tuesday’s Final Rule is a culmination of a regulatory process that began on September 21, 2006, with publication of an Advanced Notice of Proposed Rulemaking (ANPRM) [at 73 Fed. Reg. 55156] responding to a number of industry petitions to reduce the number of hazmats covered by HMR. PHMSA, in conjunction with the Transportation Security Administration (TSA), conducted a review of the potential security threats facing industry in charge of hazmat transportation, concluding that the list of materials posing a significant threat of a terrorist attack while enroute could be amended. This allowed an elimination of some classes of hazmats entirely from the security plan requirement. It also allowed a reduction in the triggering quantity initially provided for other classes of hazmats, reducing coverage by the regulation.
On September 9, 2008, PHMSA published a notice of proposed rulemaking (NPRM) for this rule [at 73 Fed. Reg. 52558], indicating that it intended to clarify the requirements for HMR security plans to address security issues along specific routes or specific locations. A number of the comments received following the NPRM indicated that there was some confusion about the impact of this wording. Accordingly, in the Final Rule published Tuesday, PHMSA revised the text of 49 CFR §172.802(a) to “more clearly state that shippers and carriers must consider site-specific risks and vulnerabilities at facilities subject to the security planning requirement” instead of simply using generic security plans. Most of the other requirements outlined in the NPRM have already been adopted as proposed.
Tuesday’s Final Rule is a culmination of a regulatory process that began on September 21, 2006, with publication of an Advanced Notice of Proposed Rulemaking (ANPRM) [at 73 Fed. Reg. 55156] responding to a number of industry petitions to reduce the number of hazmats covered by HMR. PHMSA, in conjunction with the Transportation Security Administration (TSA), conducted a review of the potential security threats facing industry in charge of hazmat transportation, concluding that the list of materials posing a significant threat of a terrorist attack while enroute could be amended. This allowed an elimination of some classes of hazmats entirely from the security plan requirement. It also allowed a reduction in the triggering quantity initially provided for other classes of hazmats, reducing coverage by the regulation.
On September 9, 2008, PHMSA published a notice of proposed rulemaking (NPRM) for this rule [at 73 Fed. Reg. 52558], indicating that it intended to clarify the requirements for HMR security plans to address security issues along specific routes or specific locations. A number of the comments received following the NPRM indicated that there was some confusion about the impact of this wording. Accordingly, in the Final Rule published Tuesday, PHMSA revised the text of 49 CFR §172.802(a) to “more clearly state that shippers and carriers must consider site-specific risks and vulnerabilities at facilities subject to the security planning requirement” instead of simply using generic security plans. Most of the other requirements outlined in the NPRM have already been adopted as proposed.
Wednesday, March 3, 2010
Senate Holds Chemical Facility Security Hearing
The Senate Committee on Homeland Security & Governmental Affairs held a hearing Wednesday morning discussing chemical security issues and concerns, namely surrounding the Chemical Facility Anti-Terrorism Standards (CFATS) and its current regulatory and legislative status. The hearing, titled "Chemical Security: Assessing Progress and Charting a Path Forward," consisted of testimony elicited by the Committee from The Honorable Rand Beers, Under Secretary for the Department of Homeland Security's (DHS's) National Protection and Programs Directorate; Sue Armstrong, Acting Deputy Assistant Secretary for DHS's Office of Infrastructure Protection; and The Honorable Peter S. Silva, Assistant Administrator for Water at the Environmental Protection Agency (EPA); as well as representatives from the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), the American Chemistry Council; and the Society of Chemical Manufacturers and Affiliates (SOCMA).
Much of the hearing focused around the issue of inherently safer technology (IST), as proposed in legislation passed by the House last November (H.R. 2868) that would provide permanent congressional authority for chemical facility security regulation. DHS continues to support IST provisions in legislation that would reauthorize CFATS, while recognizing that much debate continues to surround implementation of IST provisions. The Hon. Rand Beers reiterated the previous stance taken by DHS on this matter, explaining that DHS would take deliberate measures to work with facilities to assess the feasibility of implementing IST, taking into account critical chemical facility changes as well as industry costs. According to testimony elicited Wednesday, IST would only be implemented after listening to all stakeholder interests - assuming the provisions pass full Congressional debate.
According to testimony by both The Hon. Rand Beers and Sue Armstrong, two Tier 1 facilities in the New York/New Jersey area have been selected for DHS inspection pilot programs. DHS plans to inspect ten more Tier 1 facilities this month, and to conclude with the inspection of all 235 Tier 1 facilities by the end of the calendar year. DHS inspection techniques and expectations continue to evolve and change during these initial pilot inspections, according to both Beers and Armstrong.
The hearing comes one month after Senators Collins, Pryor, Landrieu, and Voinovich introduced S. 2996, the Continuing Chemical Facilities Antiterrorism Security Act of 2010, which would authorize an extension of CFATS until October 4, 2015. The Senate bill differs in several ways from the House bill passed in May, notably with its absence of IST provisions detailed in the House bill. During the hearing, DHS reiterated that it supports permanent authorization of chemical facility security legislation, and noted that it plans to provide Congress with draft legislation later this fiscal year. Wednesday's hearing is the first held by the Senate regarding chemical facility security since July 2005, when it held a similar 2-panel hearing.
Much of the hearing focused around the issue of inherently safer technology (IST), as proposed in legislation passed by the House last November (H.R. 2868) that would provide permanent congressional authority for chemical facility security regulation. DHS continues to support IST provisions in legislation that would reauthorize CFATS, while recognizing that much debate continues to surround implementation of IST provisions. The Hon. Rand Beers reiterated the previous stance taken by DHS on this matter, explaining that DHS would take deliberate measures to work with facilities to assess the feasibility of implementing IST, taking into account critical chemical facility changes as well as industry costs. According to testimony elicited Wednesday, IST would only be implemented after listening to all stakeholder interests - assuming the provisions pass full Congressional debate.
According to testimony by both The Hon. Rand Beers and Sue Armstrong, two Tier 1 facilities in the New York/New Jersey area have been selected for DHS inspection pilot programs. DHS plans to inspect ten more Tier 1 facilities this month, and to conclude with the inspection of all 235 Tier 1 facilities by the end of the calendar year. DHS inspection techniques and expectations continue to evolve and change during these initial pilot inspections, according to both Beers and Armstrong.
The hearing comes one month after Senators Collins, Pryor, Landrieu, and Voinovich introduced S. 2996, the Continuing Chemical Facilities Antiterrorism Security Act of 2010, which would authorize an extension of CFATS until October 4, 2015. The Senate bill differs in several ways from the House bill passed in May, notably with its absence of IST provisions detailed in the House bill. During the hearing, DHS reiterated that it supports permanent authorization of chemical facility security legislation, and noted that it plans to provide Congress with draft legislation later this fiscal year. Wednesday's hearing is the first held by the Senate regarding chemical facility security since July 2005, when it held a similar 2-panel hearing.
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