Proposed MTSA Card Reader Rule

On March 22, the United States Coast Guard (USCG) published its long-awaited proposal for a Transportation Worker Identification Credential (TWIC) card reader rule. For facilities subject to regulation under 33 CFR part 105, the proposal would place them into one of three Risk Group classifications.  Comments are due on May 21, 2013.  For more information, please visit ILTA’’ Legislative and Regulatory web page.

DHS Issues Fourth PSP Information Collection Request

On March 22, the DHS Infrastructure Security Compliance Division (ISCD) published an Information Collection Request (ICR) for its proposed Personnel Surety Program (PSP) within the Chemical Facility Anti-Terrorism Standards (CFATS) regulation.  This is ISCD’s fourth notice requesting public comment on PSP, following prior ICRs on June 10, 2009, April 13, 2010 and June 14, 2011.  Comments are due on May 21, 2013.  For more information, please visit ILTA’’ Legislative and Regulatory web page.

GAO Testimony Blasts DHS efforts at assessing chemical security risk

GAO has found that the tiering approach used to regulate high-risk chemical facilities by the Department of Homeland Security (DHS) Infrastructure Security Compliance Division (ISCD) fails to properly consider each of the elements of risk involved in a potential terrorist attack, notably threat, vulnerability and consequence.  This conclusion was presented on March 14 by GAO Director Stephen Caldwell during testimony before the House Energy and Commerce Committee.  A similar finding was also a basis for the May 2009 ILTA petition to DHS to remove gasoline facilities from regulation under CFATS.  GAO estimates that it could take seven to nine more years for ISCD to complete its first review of security plans from all CFATS-regulated sites, which began during 2011.  Rep. John Shimkus (R-IL) stated that he felt more frustrated than ever regarding how CFATS has been run.  Mr. Caldwell’s full testimony is available, here.  A full report from GAO is expected during April.

OIG Publishes Report Critiquing the Effectiveness of ISCD’s Implementation of CFATS

On March 13, the DHS Office of Inspector General issued a report evaluating the “Effectiveness of the Infrastructure Security Compliance Division's Management Practices to Implement the Chemical Facility Anti-Terrorism Standards.”  Among other things, the report found that, in the CFATS process, regulated facilities are not aware of how:

• Information submitted to DHS relates to actual security posture or potential gaps in security at the facility level;

• DHS is analyzing the information provided by facilities;

• Tiering decisions are made; and

• Any changes that might be made to the facility would affect tier level.

• Unlike many industry vulnerability assessment methods, the CFATS model is mostly a data collection step for DHS’ use and does not directly provide useful information to the facility on threats, vulnerabilities, consequences, or assist in identifying additional security needs. As a result, the SVA does not provide chemical facilities meaningful information for planning and executing an overall site security plan with a coherent resource estimate. Industry does not understand the secrecy behind the CFATS model or its CSAT tools.

The full report is available, here. 

Coast Guard Award for Excellence in Maritime Security

During 2013, the United States Coast Guard will initiate a new Award for Excellence in Maritime Security at regulated facilities.  The purpose of the bi-annual award would be to recognize outstanding achievement in implementing Maritime Transportation Security Act (MTSA) requirements and other maritime security practices.  The award program is also intended to serve as a tool to improve communication and cooperation between the Coast Guard and regulated industry, and for encouraging continual improvement.  The draft program outline is available, click here to download.

New CRC Durability Study on the Impacts of E15 on Automotive Engines

On January 29, the Coordinating Research Council (CRC) published its latest findings from a durability study of the impacts of intermediate-level blends of 15 percent (E15) ethanol on wetted automotive fuel system components, including pumps, dampers, level senders and injectors.  This report is available, click here to download.

President Decrees Cyber Executive Order and Infrastructure Resilience Policy Directive

On February 12, President Obama signed both Executive Order (EO) 13636 – Improving Critical Infrastructure (CI) Cybersecurity, and Presidential Policy Directive (PPD) 21 promoting Critical Infrastructure Security and Resilience. 

EO 13636 defines CI as physical or virtual systems and assets “so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters.  ILTA finds that, with rare exception, individual terminal facilities, while valuable to the communities that they serve, do not meet this standard for CI.  Correspondingly, ILTA does not generally believe that its members should be the focus of agency responses to EO 13636 or to PPD-21.