My friend Patrick Coyle, in his excellent blog Chemical Facility Security News (http://chemical-facility-security-news.blogspot.com/) has alerted us to some information on the MTSA-CFATS harmonization that came out in the spring 2011 regulatory agenda that also gave us the information on the MTSA II update. This information is posted on the OMB website at http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201104&RIN=1625-AB64.
Title: ●Top Screen Information Collection from MTSA-Regulated Facilities Handling Chemicals
Abstract: The Coast Guard proposes to require facilities regulated under the Maritime Transportation Security Act of 2002 (Pub. L. 107-295) (MTSA) that transport or handle certain chemicals of interest to submit a "Top-Screen" to the Department of Homeland Security (DHS). DHS developed Top-Screen under the Chemical Facility Anti-Terrorism Standards (Department of Homeland Security Appropriations Act of 2007 (Pub. L. 109-295), section 550) (CFATS). This rulemaking would not subject MTSA-regulated facilities to CFATS requirements.
Supposedly a Notice of Proposed Rulemaking will be issued in December 2011.
Opinion: One byproduct of the CFATS/MTSA issue may be a move of qualified personnel from the USCG to DHS Infrastructure Security Compliance Division (ISCD); it will be difficult to ignore the financial incentives.