Thursday, December 19, 2013

Excellent Coast Guard newsletter for port security stakeholders

In October 2012 the Coast Guard Office of Port and Facility Compliance (CG-FAC) began publishing an excellent newsletter, Waves on the Waterfront. These newsletters can be found at http://www.uscg.mil/hq/cg5/cg544/Waves%20on%20the%20Waterfront.asp. They are published on a quarterly basis and each newsletter is full of information that can be extremely useful to a working FSO. Those of us who were fortunate enough to have worked with CAPT Andrew Tucci (commanding officer of CG-FAC ) when he was in Sector Ohio Valley will remember what a premium he placed on communication.

Waves on the Waterfront is designed to provide port security stakeholders with useful information on the national and international policies that guide our activities. CG-FAC uses this publication to highlight success stories, best practices, and achievements from the field. They welcome contributions, photos, articles, and ideas. Contact information for the CG-FAC team is included in each newsletter.  I don’t often say this about government publications, but each of these short, well-written newsletters is worth reading from beginning to end.

Tuesday, November 19, 2013

GAO Issues Report: Maritime Security: DHS Could Benefit from Tracking Progress in Implementing the Small Vessel Security Strategy


On November 19, 2013, the Government Accountability Office issued GAO Report 14-32, Maritime Security: DHS Could Benefit from Tracking Progress in Implementing the Small Vessel Security Strategy.  This report is of particular interest to us here at the University of Findlay because our course Small Vessel Security for Rural Communities was recently certified by DHS as AWR 311. The report can be found at http://www.gao.gov/products/GAO-14-32. Below are highlights from the report.

From the highlights:

Why GAO did this study: The Coast Guard estimates that there were more than 22 million small vessels operating in the United States in 2012. Terrorists, smugglers, and other criminals can use small vessels as platforms for their activities because small vessels are generally unregulated and largely anonymous. Law enforcement agencies face the challenge of distinguishing between legitimate small vessel operators and the relatively few individuals estimated to be engaged in illicit activities. DHS issued its SVSS in April 2008 and its follow-on SVSS Implementation Plan in January 2011 to help guide actions to mitigate the security risks arising from small vessels. Given the importance of small vessel security, GAO was asked to review DHS’s efforts in developing and implementing the SVSS Implementation Plan.

  
This report examines what actions, if any, DHS and its components have taken to address small vessel security concerns, and the extent to which they have implemented action items in the SVSS Implementation Plan. GAO analyzed DHS documents; interviewed DHS officials; and visited two ports selected on the basis of the volume of small vessel traffic and security initiatives in place, among other things. While the results of the port visits cannot be generalized across all ports, they provided insights on small vessel security issues and operations.

What GAO found: The Department of Homeland Security (DHS) and its components—such as the U.S. Coast Guard and Customs and Border Protection (CBP)—have started or completed initiatives to address small vessel security risks, but DHS is not tracking the progress being made to address action items in the Small Vessel Security Strategy (SVSS) Implementation Plan. “Small vessels” are characterized as any watercraft—regardless of method of propulsion—less than 300 gross tons, and used for recreational or commercial purposes. DHS component officials GAO met with identified examples of key initiatives that they have completed or have under way to enhance small vessel security, including an initiative to help CBP better track small vessels arriving from foreign locations and another to assist the Coast Guard in assessing and monitoring small vessel launch sites. Although the SVSS Implementation Plan states that DHS is to assess and update the plan, DHS has not determined the progress its components and other relevant stakeholders—such as the Department of Defense—are making in completing the action items and has no current plans to do so. DHS officials stated that this is due, in part, to budget constraints that make this a low priority. DHS officials stated that updating the SVSS Implementation Plan would be valuable, and doing so is particularly important since more than one component could be responsible for action items in the plan. Accordingly, by systematically gathering information from its components and other relevant stakeholders to regularly update the progress they are making in addressing the action items in the plan, DHS could help prioritize initiatives given constrained budgets and better identify successes and lessons learned, among other things.

What GAO recommends: GAO recommends that DHS regularly update the progress its components and other relevant stakeholders are making in addressing action items in the SVSS Implementation Plan. DHS concurred with the recommendation.

From the main body of the report:

DHS officials we spoke with stated that there is no plan to update the SVSS Implementation Plan because it is not a priority, given budget constraints, and it is too early to measure the effectiveness of action items in the plan. According to a senior DHS Policy official, although the SVSS Implementation Plan states that DHS should assess and update the plan annually, given these constraints, an annual review is too frequent. The senior DHS official added that per the Secretary of Homeland Security’s direction, DHS components are focusing on maintaining their ongoing operations under constrained budgets, and so efforts to update the SVSS Implementation Plan are not currently a priority…Coast Guard officials added that America’s Waterway Watch—a program highlighted in the SVSS Implementation Plan that provides outreach to the public, including the small vessel community, on awareness of threats and how to report suspicious activity—may not receive funding in DHS’s fiscal year 2014 appropriation…

DHS officials also stated that because the SVSS Implementation Plan was issued in early 2011, it is too early to expect a majority of the action items to be completed or, especially for the long-term action items, to have been implemented. These officials stated that accomplishing the SVSS’s goals and objectives through implementation of the many action items in the SVSS Implementation Plan will require a significant investment of time and resources, along with buy-in from state and local maritime security stakeholders. Accordingly, it could take years to fully implement some of the action items and determine whether they are effective…

Although it may be too early to measure the effectiveness of some action items in the SVSS Implementation Plan, updating the progress made in addressing the action items could help DHS and its components prioritize their efforts given constrained budgets; better identify successes and lessons learned; and enhance collaboration with federal, state, and local stakeholders regarding small vessel security issues. The SVSS Implementation Plan states that, because of risk, the unpredictability of budgets, policy changes, and administrative priorities, the plan must be reviewed regularly to ensure that it remains current and accurate. By engaging in this review process, the plan states that it is intended to be a living document that provides a strategic overview of participating agencies’ implementation of the SVSS. Standards for Internal Control in the Federal Government calls for federal agencies to design and implement control activities to enforce management’s directives.

Conclusions: Recognizing the risks posed by terrorists using small vessels to attack targets or as a conveyance for terrorists and their contraband to enter the United States, DHS issued its SVSS Implementation Plan in January 2011 to help guide efforts to mitigate the security risks arising from small vessels. DHS component agencies have completed some initiatives and have other initiatives under way to address the risk of a small vessel attack, but DHS is not gathering information on the progress its components or relevant stakeholders are making to address action items in the SVSS Implementation Plan and has no plans to do so. The SVSS Implementation Plan, by design, is to be revised to accommodate new information about threats, technologies, requirements, and lessons learned as action items are implemented, but DHS has not updated the plan since it was issued in 2011. Given that internal controls call for federal agencies to design and implement control activities to enforce management’s directives, DHS could better prioritize initiatives and identify successes if it was to regularly update the progress its components and other relevant stakeholders are making to address the action items in the SVSS Implementation Plan. This information could be particularly useful to DHS components that may be operating under more constrained budgets than when the plan was first issued.


Recommendation for Executive Action: To improve DHS’s ability to monitor progress, prioritize action items, and identify successes, we recommend that the Secretary of Homeland Security systematically gather information from the department’s components and other relevant stakeholders to regularly update the progress they are making in addressing action items in the SVSS Implementation Plan.

Thursday, October 31, 2013

Federal Register Notice Concerning the Carriage of Shale Gas Extraction Waste Water in Bulk via Barge


Once more, many thanks to CAPT Dennis Bryant for mentioning the Coast Guard Oct. 30 Federal Register fracking water policy notice in his great resource, Bryant’s Maritime Blog, http://brymar-consulting.com/.

From the Federal Register, vol 78, issue 210:
“The Coast Guard announces the availability of a proposed policy letter concerning the carriage of shale gas extraction waste water in bulk via barge, and invites public comment. The policy letter specifies the conditions under which a barge owner may request and be granted a Certificate of Inspection endorsement or letter allowing the barge to transport shale gas extraction waste water in bulk. The policy letter also defines the information the Coast Guard may require the barge owner to provide and specifies the additional requirements the Coast Guard is considering imposing on such barges. Upon reviewing comments received on this proposed policy letter, Coast Guard will issue the final policy letter and specify its effective date.

DATES: Comments and related material must either be submitted to our online docket via http://www.regulations.gov on or before November 29, 2013 or reach the Docket Management Facility by that date.”

You may submit comments identified by docket number USCG– 2013–0915 using any one of the methods identified in the Federal Register notice.

From the policy letter, which will be posted on Regulations.gov but for now can be found at http://www.uscg.mil/hq/cg5/cg521/:

“The purpose of this policy letter is: (a) to specify the conditions under which a barge owner may request and be granted a Certificate of Inspection endorsement or letter, under 46 CFR 153.900(d), allowing the barge to transport shale gas extraction waste water (SGEWW) in bulk as Conditionally Permitted SGEWW; (b) to define the information the Coast Guard may require the barge owner to provide pursuant to 46 CFR 153.900(d)(1)(ii); and (c) to specify the additional requirements the Coast Guard imposes on such barges pursuant to 46 CFR 153.900(d)(2)(iii). A barge owner who has not been granted an endorsement or letter under 46 CFR 153.900(d), or who has not provided the information defined by this policy letter, or who has not complied with the additional requirements this policy letter describes, is prohibited from transporting SGEWW in bulk on that barge.”

"Endorsement of Certificate of Inspection. Pursuant to 46 CFR 153.900(d)(1)(i), a barge owner may request endorsement of a barge’s Certificate of Inspection, or a letter, allowing the barge to transport Conditionally Permitted SGEWW in bulk. Requests may be made by contacting the U.S. Coast Guard Commandant (CG-ENG-5) at (202) 372-1412 or by emailing HazmatStandards@uscg.mil. The Coast Guard, at its discretion, may provide the endorsement or letter, on condition that the barge owner conduct and document the analyses and surveys, and take the venting measures, described in this paragraph 8. Carriage requirements for SGEWW are given in Enclosure (4), and a sample endorsement is included in Enclosure (5) to this policy letter."

"Analyses. As an “additional requirement” that the Coast Guard may impose, per 46 CFR 153.900(d)(2)(iii), on the endorsement or letter described in paragraph 8.b, prior to carrying SGEWW on board the barge, the barge owner must have each consignment load of SGEWW chemically analyzed in accordance with Enclosure (1) to this policy letter. The barge owner must keep records showing the results of each analysis for two years and make those records available to the Coast Guard upon request. These records are subject to the Freedom of Information Act (FOIA). The identity of proprietary chemicals may be withheld from public release pursuant to the FOIA and applicable Coast Guard policy." (Details of analysis including the radioactivity concentration limit and the consignment activity limit are given in Enc. 1).

"Surveys. As an “additional requirement” that the Coast Guard may impose, per 46 CFR 153.900(d)(2)(iii), on the endorsement or letter described in paragraph 8.b, the barge owner must have the barge surveyed in accordance with Enclosure (1) to this policy letter, whenever the barge changes from carrying Conditionally Permitted SGEWW to carrying another cargo, and prior to the entry of any personnel, Coast Guard or otherwise, into the barge. The barge owner must keep records showing the results of each survey for two years and make those records available to the Coast Guard upon request."

"Venting. Carriage of Conditionally Permitted SGEWW may over time lead to the accumulation of radon, a daughter radionuclide of both Ra-226 and Ra-228, in the tank head space. Daily temperature changes can cause variations in tank pressure, and open venting provides pressure relief, preventing over- or under-pressurization of the tanks. Closed or restricted venting would trap the radon in the head space of the tank. Therefore, as a “design and equipment” requirement under 46 CFR 153.900(d)(2)(ii) and as an “additional requirement” under 46 CFR 153.900(d)(2)(iii), the barge owner must ensure that each barge to which the endorsement or letter described in paragraph 8.b is issued has open venting and must ensure that personnel avoid areas where gas from the tanks may escape, especially during loading and offloading. The owner may meet these requirements by ensuring that operational policy instructs personnel to avoid the tank vents and that personnel comply with that instruction."

Enclosure 1 of the policy discusses details of the analysis for hazardous materials including radioisotopes;  criteria to determine if SGEWW can be carried as conditionally permitted SGEWW, including radioactivity formulas, and safety conditions and procedures to protect personnel.

Enclosure 2 of the policy is a State of Pennsylvania Department of Environmental Protection Form 26R , Chemical Analysis of Residual Waste, Annual Report by the Generator.

Enclosure 3 are Sample Calculations for Maximum Allowed Volume.  These are equations used to find  the total radioactivity limit allowed to be transported in one barge.  Editorial comment – both shippers and inspectors will need to go back to school in order to understand this part of the policy document.

Enclosure 4 talks about Interim Minimum Requirements for the Carriage on Unmanned Barges, 46 CFR 153.  The policy letter states that has been assigned to Group 43 (Miscellaneous Water Solutions) as listed in 46 CFR Part 150. For those of us who don’t work with Title 46 a lot, Part 150 is found in Subchapter O.

Enclosure 5 is a sample Certificate of Inspection Endorsement for Carriage of Shale Gas Extraction Waste Water (SGEWW).

Questions or concerns regarding this policy may be directed to Commandant (CG-ENG-5) at (202) 372-1412 or emailed to HazmatStandards@uscg.mil.

__________________________________________________________________

The policy letter does not address any security concerns. Absent any word from the Coast Guard to the contrary, the towboat and barge transporting SGEWW appears to me to be a 104 vessel under 33 CFR 104.105(a)(8). A terminal accepting the vessel would become regulated under 33 CFR 105.





Monday, June 24, 2013

TWIC Enrollment Centers Transitioned from Lockheed Martin to MorphoTrust - Important Payment Information

On June 24, 2013, the Transportation Security Administration posted the following notice on its website:

The TWIC Program has transitioned to UES: All TWIC Enrollment Centers have now been transitioned to the Universal Enrollment Services (UES). For information and appointments please contact the UES Call Center at 1-855 DHS-UES1 (1-855-347-8371) Monday through Friday 8:00AM – 10:00PM Eastern. Effective 6/21/2013 all check and money order payments for TWIC services will be made out to MorphoTrust USA. IMPORTANT: All Enrollment Centers and the Call Center will be closed on July 4, 2013 for Independence Day.

Friday, May 24, 2013

TSA issues notices about affects of contractor change-over: mobile enrollment and EYO, center hours



The Transportation Security Administration has issued two notices about the change-over from contractor Lockheed Martin to contractor MorphoTrust. This changeover will affect  mobile enrollment and Enroll Your Own (EYO) arrangements and enrollment center availability and hours.  Both notices are reproduced below.

 UPDATED 05/23/2013: Transportation Worker Identification Credential (TWIC) – Mobile Enrollment and Activation Services 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 Extended Expiration Date (EED) TWICs.

 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 Extended Expiration Date (EED) TWICs.

In April 2013, TWIC enrollment services began transitioning to a new contractor, MorphoTrust, under a Universal Enrollment Services (UES) contract. The UES contract includes enhanced mobile enrollment services, Enroll Your Own (EYO), and bulk payment arrangements.
Mobile enrollment services include the following options below:
 Mobile Enrollment Only – Mobile enrollment service without a mobile activation service
 Mobile Enrollment Plus Activation - Mobile enrollment and corresponding activation service
 Extended Expiration Date (EED) Bulk Order/Activation - Mobile service available via bulk orders, which includes the mobile activation service

MorphoTrust is now accepting orders for these services and will begin service in mid-summer 2013. Please submit mobile enrollment requests to Win Noble, MorphoTrust UES Communications Manager, at wnoble@morphotrust.com
Further details about mobile enrollment services and EYO capabilities will be available on the UES website – https://universalenroll.dhs.gov/ 

Please note that Lockheed Martin’s capacity to provide mobile enrollment and activation capability has been filled through the end of their contract. Please consider alternate plans such as utilizing fixed enrollment centers or requesting mobile services after completion of the UES transition (scheduled for end of June 2013). 

(Available at http://www.tsa.gov/sites/default/files/publications/pdf/twic/mobile_enrollment_and_activation_05_23_2013.pdf)

_____________________________________________________________

TWIC Stakeholders:  
The following TWIC enrollment centers will be closed on the date noted in an effort to assist their transition to a new enrollment provider as part of the Transportation Security Administration (TSA) Universal Enrollment Services (UES) initiative.  

As enrollment centers transition, their individual web pages will be updated to reflect any new logistics (e.g., location updates, new hours of operation, payment details, etc.).  Current information on enrollment centers can be found at:   
Below is a schedule of enrollment centers for the week of May 27-31, 2013, in which a Center will need to be closed on a given date to assist its transition.  Please note that during the week a site is transitioning, appointments will be blocked and the site will likely be busier than usual.  For appointments following a site’s transition, applicants can call the UES Call Center at 1-855 DHS-UES1 (1-855-347-8371), Monday through Friday: 8:00 AM - 10:00 PM EST.

Enrollment Center
Date Closed for UES Transition (Wk. of May 27-May 31)
American Samoa
05/28/13
Cedar Rapids, IA
05/29/13
Eureka, CA
05/29/13
La Plata, MD
05/29/13
Longview, WA
05/29/13
Pasco, WA
05/29/13
Port Fourchon, LA
05/28/13
Portland, ME
05/28/13
Providence, RI
05/28/13
Traverse City, MI
05/29/13

*Note: Following a site’s effective transition closure date above, check or money order payments for enrollments should be made payable to 'MorphoTrust USA', check or money order payments for card replacements and Extended Expiration Date (EED) services should be made payable to 'Lockheed Martin'.  For additional information and updates on the TWIC program, please visit http://www.twicinformation.com/twicinfo/.  

(From TWIC Stakeholder communications email)





Wednesday, May 22, 2013

FY13 Port Security Grant Program Solicitation posted



On May 22, 2013 FEMA posted the details of this year’s (FY13) Port Security grant program. The file is available at http://www.fema.gov/library/viewRecord.do?id=7471. Below are some important points:



 Key Dates and Times:

Application Start Date: 05/21/2013

Application Submission Deadline Date: 06/24/2013 at 11:59:59 p.m. EST

Anticipated Funding Selection Date: 08/02/2013

Anticipated Award Date: 09/01/2013



Award Amounts, Important Dates, and Extensions

Available Funding for this FOA: $93,207,313

Projected Number of Awards: 210

Projected Award Start Date(s): 09/01/2013

Projected Award End Date(s): 08/31/2015

Period of Performance: 24 months



Cost Match:

Public Sector. Public sector applicants must provide a non-Federal match (cash or in-kind) supporting at least 25 percent (25%) of the total project cost for each proposed project.

Private Sector. Private sector applicants must provide a non-Federal match (cash or in-kind) supporting at least 50 percent (50%) of the total project cost for each proposed project.

Cash and in-kind matches must consist of eligible costs (i.e., purchase price of allowable contracts, equipment). A cash match includes cash spent for project-related costs while an in-kind match includes the valuation of in-kind services. The cost-match requirement for the PSGP award may not be met by costs borne by another Federal grant or assistance program. Likewise, in-kind matches used to meet the matching requirement for the PSGP award may not be used to meet matching requirements for any other Federal grant program (e.g., FY 2013 funds are used to purchase a mobile command center from a vendor, the vendor contributes or donates communications equipment associated with the mobile command center, the value of the donated equipment may be considered as an in-kind match for the PSGP award only).



Program Objectives

The FY 2013 PSGP plays an important role in the implementation of the National Preparedness System (NPS) by supporting the building, sustainment, and delivery of core capabilities essential to achieving the National Preparedness Goal (NPG) of a secure and resilient Nation. Delivering core capabilities requires the combined effort of the whole community, rather than the exclusive effort of any single organization or level of government. The FY 2013 PSGP’s allowable costs support efforts to build and sustain core capabilities across Prevention, Protection, Mitigation, Response, and Recovery mission areas.

Grantees under the FY 2013 PSGP are encouraged to build and sustain core capabilities through activities such as:

• Strengthening governance integration;

• Enhancing Maritime Domain Awareness (MDA)

• Enhancing IED and Chemical, Biological, Radiological, Nuclear, Explosive (CBRNE) prevention, protection, response and supporting recovery capabilities within the maritime domain

• Enhancing cybersecurity capabilities

• Maritime security risk mitigation projects that support port resilience and recovery capabilities

• Training and exercises

• Transportation Worker Identification Credential (TWIC) implementation



Application Review Information

The four core PSGP funding priorities for applications are:

Funding Priority #1. Projects that support development and sustainment of the core capabilities in the NPG and align to PSGP funding priorities identified in Appendix B –PSGP Priorities. These include:

• Enhancing MDA

• Enhancing IED and CBRNE prevention, protection, response and recovery capabilities within the maritime domain

• Enhancing cybersecurity capabilities

• Maritime security risk mitigation projects that support port resilience and recovery capabilities

• Training and exercises

• TWIC implementation

Funding Priority #2. Projects that address priorities outlined in the applicable AMSP, FSP, and Vessel Security Plan (VSP), as mandated under the MTSA and/or the Port-Wide Risk Mitigation Plans (PRMP)

  • Funding Priority #3. Projects that address additional maritime security priorities based on the COTP’s expertise and experience of the COTP within the specific Port Area

Funding Priority #4. Projects that are eligible and feasible based on program priorities, Port Area plans and priorities, and available period of performance 



Port Area Group Designations
For FY 2013, there will be two Port Area Group Designations, rather than the traditional four groupings in prior years. Table 2 lists the specific Port Areas by Group that are eligible for funding through the FY 2013 PSGP and the competitive funding amount available within each Group. This change helps ensure funding is made available to the highest risk ports and funding is awarded to projects that are rated most effective in addressing program priorities and mitigating port security risks. DHS/FEMA reserves the right to re-allocate funding from one group to the other should the applications within a particular group prove insufficient in terms of quality, number, and/or total project costs.
Group I Port Areas
Eight Port Areas have been selected as Group I (highest risk) and will be allocated 60 percent (60%) of funding available. Each Group I Port Area will compete for the target funding allocation assigned to the group. The amount of available funding for the group is based on the FY 2013 DHS risk analysis. This will allow applicants to submit IJs for projects without being confined to a set dollar amount, providing DHS the opportunity to conduct field and national reviews of each project and make awards based on the two overarching priorities of PSGP, risk-based funding and regional security cooperation, as well as evaluating the extent to which each IJ decreases risk for the Port Area.
Group II Port Areas
The legacy Group II, III, and All Other Port Areas are combined into a single Port Grouping known as Group II, which will receive the remaining 40 percent (40%) of funds available. These Port Areas will compete for the target funding allocation assigned to Group II. As is the case with the Group I Port Areas, available funding is based on results of the FY 2013 DHS risk analysis. The number of legacy Group II and III ports will be adjusted to, 47 and 35, respectively; thus the total number of Group II ports under the new grouping methodology is 82. Note: The total number of Group II ports does not include All Other Port Areas. 

Ineligible Entities
The PSGP will not accept applications or IJs from an applicant or sub-applicant for the purpose of providing a service or product to an otherwise eligible entity
Port-Wide Risk Management Planning for legacy Group I and Group II Port Areas
Legacy Group I and II Port Areas are encouraged to maintain their PRMPs and to use them to identify projects that will serve to address remaining maritime security vulnerabilities. These ports are also highly encouraged to develop a Business Continuity/Resumption of Trade Plan (BCRTP). For purposes of regional strategic and tactical planning, these plans must take into consideration all other Port Areas covered by their AMSP.

Depending on the number of highly rated IJs received within each Port Grouping, funding may adjusted between groups to ensure the most highly effective, risk based maritime security projects are funded.