Saturday, December 29, 2012

New Information on Update to Subchapter H



Once again I need to thank Patrick Coyle and his excellent blog Chemical Facility Security News (http://chemical-facility-security-news.blogspot.com) for drawing attention to the fact that DHS has published the Fall 2012 Regulatory Plan and Unified Agenda at http://www.regulations.gov/#!docketDetail;D=DHS-2012-0079. The documents on this site are dated 12/24/2012. Among many items of interest is the information below about the update to Subchapter H. The Coast Guard is proposing to publish the NPRM during April 2013.

Title: Updates to Maritime Security
Abstract: The Coast Guard proposes certain additions, changes, and amendments to 33 CFR, subchapter H. Subchapter H is comprised of parts 101 through 106. Subchapter H implements the major provisions of the Maritime Transportation Security Act of 2002. This rulemaking is the first major revision to subchapter H. The proposed changes would further the goals of domestic compliance and international cooperation by incorporating requirements from legislation implemented since the original publication of these regulations, such as the SAFE Port Act, and including international standards such as STCW security training. This rulemaking has international interest because of the close relationship between subchapter H and the International Ship and Port Security Code (ISPS).
Priority: Economically Significant
Agenda Stage of Rulemaking: Proposed Rule
Major: Undetermined
Unfunded Mandates: No
Regulatory Plan:
Statement of Need: This rulemaking is needed to incorporate Coast Guard Policy Advisory Council (PAC) decisions on the interpretation of regulations, guidance provided in response to questions to the Maritime Transportation Security Act of 2002 (MTSA) hotline, and to implement various requirements found in the Security and Accountability for Every Port Act of 2006, the Coast Guard and Maritime Transportation Act of 2006, and the Coast Guard Authorization Act of 2010. In addition, this rulemaking is needed to incorporate recommendations from the Merchant Marine Personnel Advisory Committee. It also incorporates various U.S. Maritime Administration and International Maritime Organization voluntary consensus standards related to maritime security training.
Legal Basis: The fundamental legal basis for subchapter H remains the Maritime Transportation Security Act of 2002 as amended by the Security and Accountability for Every Port Act of 2006, the Coast Guard and Maritime Transportation Act of 2006, and the Coast Guard Authorization Act of 2010.
Alternatives: The Coast Guard is currently evaluating a number of alternatives based on applicability and risk (threat, vulnerability, and consequence). However, an overall update to make necessary changes to subchapter H and address improvements resulting from our experience since 2003 is prudent.
Costs and Benefits: The Coast Guard is currently estimating the costs associated with this rulemaking. The benefit from these provisions is compliance with mandates and harmonization with international standards. This rulemaking expands and improves competencies associated with Maritime Domain Awareness (MDA). MDA is the effective understanding of anything associated with the global maritime domain that could impact the United States' security, safety, economy, or environment. The proposed rule would improve MDA through training, exercise, and security plan enhancements.
Risks: With this rulemaking, the Coast Guard seeks to maintain the risk reduction goals established with the promulgation of the original MTSA regulations by incorporating provisions related to more recent legislation and warranted by our experience with subchapter H since 2003.

Timetable:
Action Date, NPRM 04/00/2013

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.

_____________________________________________________________________

What may have changed from the last time the USCG described this NPRM? In January 2012, the USCG used this wording in describing this NPRM: “Among other things, these regulations require owners or operators of vessels and port facilities to develop security plans. Since promulgation of the MTSA regulations, the Coast Guard has granted exemptions from MTSA provisions on an ad hoc, individual basis. Through this rule, the Coast Guard would formalize several categories of exemptions, which, in turn, will reduce the burden associated with the current ad hoc waiver process.” The NPRM would “ clarify MTSA requirements in response to requests for interpretation and guidance; formalize exemptions from certain MTSA provisions, which would provide an annual savings of $125,000 to society.”  ( DHS’ Retrospective Review of Existing Regulations –Progress Report,

It is not clear to me what the Coast Guard envisioned by “categories of exemptions,”  or if these categories will be addressed through adoption of policy guidance from PAC’s and NVIC’s. Is this a substantive change between two drafts, or just another way of describing the same thing? I hope to see language about exemptions in the NPRM. Those of us who have spent considerable time drafting security measures at MARSEC 1, 2, and 3 to defend piles of commodities that “are not now and have never been regulated” will be glad to see system-wide consistency.

And the Coast Guard has advised the MTSA community in another forum that the current FSO training initiative will be addressed in a separate NPRM that will probably not be issued until fall 2013. It is unclear what incorporation of “voluntary consensus standards” could mean, apart from changing “voluntary” to “mandatory.”  This could generate some very interesting scenarios as related to 33 CFR 105.215 and .210 training.

Thursday, December 13, 2012

Legislative change to TWIC enrollment process



On Dec. 12, 2012, the United States Senate agreed to the United States House of Representatives amendment to Senate amendment by Voice Vote on amendments to H.R. 2838, the Coast Guard and Maritime Transportation Act of 2012. This is the process for the final reconciliation of two versions of the bill. It will now go to the President for his signature. Among several significant provisions, the following section, if implemented, may make a substantial change to the TWIC enrollment process:

SEC. 709. TRANSPORTATION WORKER IDENTIFICATION  CREDENTIAL PROCESS REFORM.
Not later than 270 days after the date of enactment of this Act, the Secretary of Homeland Security shall reform the process for Transportation Worker Identification Credential enrollment, activation, issuance, and renewal to require, in total, not more than one in-person visit to a designated enrollment center except in cases in which there are extenuating circumstances, as determined by the Secretary, requiring more than one such in-person visit.

Thursday, November 29, 2012

News on TWIC - Enroll Your Own contact info and Help Desk staffing



We were advised by the Coast Guard that there should be a substantial amount of newly trained people working at the TSA TWIC HelpDesk by next week and that TSA anticipates this will assist with the delays currently being experienced when contacting the HelpDesk.

The following information concerning  establishing mobile enrollment and activation services has been posted on the TSA TWIC FAQ website, http://www.tsa.gov/stakeholders/transportation-worker-identification-credential-twic.

Transportation Worker Identification Credential (TWIC) – Mobile Enrollment and Activation Services
 As the first TWICs approach their expiration date, TSA has been contacted by a number of stakeholders interested in establishing mobile enrollment and activation services at their facilities. TSA understands the flexibility that mobile enrollment and activation services provide, not only for TWIC renewals, but for the recently started Extended Expiration Date (EED) TWIC. TWIC enrollment services will soon transition to a new contractor, MorphoTrust, under a Universal Enrollment Services (UES) contract. The UES contract will include enhanced mobile enrollment services, Enroll Your Own (EYO), and bulk payment arrangements. 

During the transition period from TWIC to UES, the TWIC contractor, Lockheed Martin, will offer mobile enrollment and activation services to companies or entities interested in receiving on-site TWIC services and bulk payment options. Requesting organizations will be responsible for funding the costs associated with a mobile enrollment operation. Please contact Stephen Foster, Lockheed Martin TWIC Operations Manager, at (703)663-5105 or Stephen.l.foster@lmco.com to inquire about mobile enrollment arrangements. 

In addition, TSA is working to provide systematic bulk payment and submission options for those wishing to use the EED option. It is anticipated that this service will be offered in late November of this year. The intent of this service is to allow an organization to complete a bulk payment and submission process for EED TWICs. Lockheed Martin will also offer mobile activation services for those utilizing this option. Requesting organizations will be responsible for funding the costs associated with the mobile activation, although the bulk payment and submission of EED requests will be offered at no cost. 

TSA recommends that companies or entities assess their needs for mobile services and try to schedule them only during periods leading up to a large number of TWIC expirations. By doing so, we will have time to assess EED demand and its impact on TWIC renewals, and develop a clearer picture on the TWIC to UES transition schedule.

Tuesday, October 23, 2012

Talking to a Live Person at the TWIC HelpDesk

I am writing an article about the TWIC program and I wanted to confirm that the only way to reset a lost PIN was via an in-person visit to an enrollment center, as per the TWIC website FAQ's. I dialed the HelpDesk number and listened to the menu; none of the options seemed right so I selected "enrollment." None of the options under this selection was correct and hitting "O" simply got me a "Sorry, I did not understand that selection" message. There did not seem to be a way to get to a live person by using the menu selections.

I redialed the main number and did not select any options and this time was directed through to a live rep. I got a message that the wait time would be over five minutes.  The actual wait time was  around twelve  minutes but when the rep came on, she was very polite as has always been my experience with the HelpDesk and she answered my question - enrollment center only to reset PIN's and that is depending on when the card was issued. Some PIN re-sets require issuance of a new card.

Friday, October 19, 2012

Request from TSA re EED TWIC's

Fresh post at TSA TWIC website, http://www.tsa.gov/stakeholders/transportation-worker-identification-credential-twic:

 Due to the large number of transportation workers requesting extended expiration date (EED) TWICs, TSA requests that you order an EED TWIC no sooner than 4 months prior to your current TWIC expiration date.  If your card expires within 4 months and you would like to order an EED TWIC, please call the TWIC Help Desk at 1-866-DHS-TWIC (1-866-347-8942).

Thursday, October 11, 2012

Notice of Public Meeting to Receive Comments on the Development of a Facility Security Officer Training Program




On October 11, 2012, the United States Coast Guard posted a notice in the Federal Register concerning a public meeting to receive comments on the development of a Facility Security Officer Training Program. The text of the notice is given below.

The MTSA community who cannot attend the public meeting should attempt to attend the web conference of this meeting.  We need to remind Coast Guard Headquarters that the U. S. Marine Transportation System stretches from sea to shining sea, and does not encompass just the container ports of LA/Long Beach and the East Coast.

A very good place to track developments is the website of the Facility Security Working Group of the Houston/Galveston AMSC (http://www.fswg.org). Under Task Groups, Regulatory Changes, source documents for the FSO training initiative are posted.


DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG–2012–0908]
Facility Security Officer Training Requirements
AGENCY: Coast Guard, DHS.
ACTION: Notice of public meeting; request for comments.
SUMMARY: The Coast Guard announces a public meeting to receive comments on
the development of a Facility Security Officer training program, with the primary focus on developing the curriculum for such a program. Section 821 of the Coast Guard Authorization Act of 2010 (Pub. L. 111–281) requires the Secretary of Homeland Security to establish comprehensive FSO training requirements, and to coordinate with
the Maritime Administrator of the Department of Transportation in developing the FSO training curriculum. The purpose of the public meeting is to obtain public comment on
a draft model FSO training course and other elements of the FSO training
program.
DATES: A public meeting will be held on Friday, November 9, 2012 from 8:30
a.m. to 12:30 p.m. to provide an opportunity for oral comments. Seating is limited, so please RSVP as soon as possible using the method described under the ADDRESSES section below, but no later than November 2, 2012. Written comments and related material may be submitted to Coast Guard personnel specified at that meeting. Written comments may also be submitted in response to this notice by following the instructions under the ADDRESSES section below. The comment period for this notice will close on November 23, 2012. All written comments and related material submitted before or after the meeting must either be submitted to our online docket via http://www.regulations.gov on or before November 23, 2012 or reach the Docket Management Facility by that date.

ADDRESSES: The public meeting will be held at the Department of Transportation Headquarters, Oklahoma Room, 1200 New Jersey Avenue SE., Washington, DC 20590. Please note that due to building security requirements, each visitor must present two valid, government-issued photo identifications in order to gain entrance to the
Department of Transportation Headquarters building. The building is accessible by taxi, public transit, and privately owned conveyance. However, public parking in the vicinity of the building is extremely limited. This meeting is open to the public. Please note that the session may adjourn early if all business, concerns, and questions are addressed. A live video feed of the meeting will also be available via the following link: http://trial4.cdn.level3.net/USCGLivePlayer_040611.htm.
You may submit written comments identified by docket number USCG–2012–0908 before or after the meeting using any one of the following methods:
(1) Federal eRulemaking Portal:http://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590–0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366–9329.
To avoid duplication, please use only one of these four methods. Our online docket for this notice is available on the Internet at http://www.regulations.gov
under docket number USCG–2012–0908.
To RSVP for the meeting, fill out theRSVP form using the following link
https://einvitations.afit.edu/inv/anim/cfm?i=123867&k=036341017D50.

FOR FURTHER INFORMATION CONTACT: If you have questions concerning the
meeting, please call or email LTJG Lindsey Musselwhite, Commandant
(CG–FAC–2), Coast Guard; telephone 202–372–1136, email
Lindsey.A.Musselwhite@uscg.mil or LCDR Jose´ Ramı´rez, Commandant (CG–
FAC–2), Coast Guard; telephone 202–372–1150, email
Jose.L.Ramirez@uscg.mil. If you have questions on viewing or submitting written comments and related material submitted before or after the meeting must either be submitted to our online docket via http://www.regulations.gov on or before November 23, 2012 or reach the Docket Management Facility by that date.

SUPPLEMENTARY INFORMATION: Background and Purpose
The Maritime Transportation Security Act of 2002 (Pub. L. 107–295, codified
at 46 U.S.C. 70101 et seq.) (MTSA) provided the Coast Guard with statutory
authorities and mandates to advance the Coast Guard’s maritime security
mission. Pursuant to its authority under MTSA, the Coast Guard promulgated
regulations in 33 CFR part 105 that apply to certain maritime facilities
listed in 33 CFR 105.105. Among the requirements in 33 CFR part 105,owners and operators of regulated facilities must designate a Facility Security Officer (FSO) (33 CFR 105.200). Coast Guard regulations also set forth FSO qualifications and responsibilities (33 CFR 105.205). Under current regulations, FSOs are not required to undergo a formal training and certification process. Section 821 of the Coast Guard Authorization Act of 2010 (Pub. L. 111–281) requires the Secretary of Homeland Security (Secretary) to establish comprehensive FSO training requirements designed to provide full security training that would lead to certification of such officers. The Coast Guard is in the process of considering a rulemaking to implement this portion of section 821. Section 821 also requires the Secretary to coordinate with the Maritime Administrator of the Department of Transportation in developing the FSO training curriculum. The Coast Guard and the Maritime Administrator believe that a public meeting would be beneficial at this stage in the process to engage the public and obtain comments on a draft model FSO training course as well as other aspects of the FSO training program. A draft model FSO training course will be available for viewing on the Coast Guard Homeport Web site (https://homeport.uscg.mil/mtsa) as well as in the online docket two weeks prior to the meeting. Topics to be discussed at the meeting include the
following:
(1) Draft model FSO training course;
(2) Computer-based training and distance learning;
(3) Provisional FSO certification;
(4) FSO continuing education;
(5) FSO refresher course;
(6) Interim policy to provide curriculum guidelines for potential FSO training course providers; and
(7) Any additional topics of concern with respect to the FSO training program, certification, and the development and provision of training.
The Coast Guard believes that a public meeting would also benefit the impacted community by providing a forum to raise relevant issues. This will further enable the Coast Guard to craft policy that takes into account public concerns.
You may view the written comments and supporting documents (if any) in the online docket by going to http://www.regulations.gov and using ‘‘USCG–2012–0908’’ as your search term. Locate this notice among the search results and use the filters on the left side of the page to search for specific types of documents. If you do not have access to the Internet, you may view the docket online by visiting the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. We have an agreement with the Department of Transportation to use the Docket Management Facility. We encourage you to participate by submitting comments either orally at the meeting or in writing. If you bring written comments to the meeting, you may submit them to Coast Guard personnel specified at the meeting to receive written comments. These comments will be submitted to our online public docket. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. Anyone can search the electronic form of comments received into any of
our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316).

Information on Services for Individuals With Disabilities
For information on facilities or services for individuals with disabilities or to request special assistance at the public meeting, contact LTJG Lindsey Musselwhite at the telephone number or email address indicated under the FOR FURTHER INFORMATION CONTACT section of this notice.

Public Meeting
The Coast Guard will hold a public meeting regarding the development of
an FSO training program on Friday, November 9, 2012 from 8:30 a.m. to
12:30 p.m., at the Department of Transportation Headquarters, Oklahoma
Room, 1200 New Jersey Ave SE., Washington, DC 20590. We will provide
a written summary of the meeting and comments in the docket.
Authority: This notice is issued under the authority of 46 U.S.C. 70125(d) and 5 U.S.C.
552(a).
Dated: October 4, 2012.
A.E. Tucci,
Captain, U.S. Coast Guard, Chief, Office of Port and Facility Compliance (CG–FAC).