On May 18, 2011, DHS issued the Preliminary Plan for Retrospective Review of Existing Regulations. http://www.whitehouse.gov/files/documents/2011-regulatory-action-plans/DepartmentofHomelandSecurityPreliminaryRegulatoryReformPlan.pdf
This plan is executed in accordance with “Executive Order 13563 (which) requires each Executive Branch agency to develop a preliminary plan to periodically review its existing regulations to determine whether any regulations should be modified, streamlined, expanded, or repealed so as to make the agency’s regulatory program more effective or less burdensome in achieving its regulatory objectives.”
Review of MTSA 2002 (MTSA II) is briefly addressed in this plan. The reason for review of MTSA 2002 is to “clarify MTSA requirements in response to requests for interpretation and guidance.”
“DHS received a comment regarding application of the Maritime Security Act of 2002 (MTSA) to the Great Lakes area that recommended the creation of exemptions from MTSA requirements for certain facilities and vessels. The Coast Guard has already initiated a rulemaking to review the Coast Guard regulations implementing MTSA in 33 CFR chapter 1, subchapter H. One of the reasons the Coast Guard initiated this rulemaking is to address requests for interpretation and guidance in complying with subchapter H. The Coast Guard is working on a notice of proposed rulemaking (NPRM) and will address this comment when considering all comments received in response to the NPRM.”
There is no timetable given for the issuance of the NPRM.