Roberts Law Group News

News from 2019

Citing 6 CFR § 27.210, which directs Tier 1 and Tier 2 facilities to submit an updated Top-Screen every two years and Tier 3 and Tier 4 facilities to submit an updated Top-Screen every three years, DHS has started issuing Top-Screen Resubmission Letters, via the Chemical Security Assessment Tool.
To date, DHS has received more than 94,000 Top-Screen submissions from more than 42,000 unique facilities. There are 3,316 CFATS-regulated facilities in the program.
DHS continues to implement the CFATS PSP requirement (i.e., implementation of measures designed to identify people with terrorist ties as part of a CFATS-required background check) at Tier 3 and Tier 4 facilities in a phased approach.
Various USCG Sectors have been reminding MTSA-regulated facilities that all MTSA security plans must be amended to include the new Seafarers’ Access provisions no later than February 3, 2020.
As reiterated most recently in its 2019 CFATS Outreach and Implementation Plan, DHS is actively pursuing CFATS “outliers” by cross-walking CFATS Top-Screen data with Environmental Protection Agency (EPA) Risk Management Program (RMP) data (among other sources).
In fiscal year 2019, Transportation Security Administration (TSA) surface inspectors conducted 2,176 site visits and inspected 64,756 TWICs using 39 field-issued TWIC readers.
Industry continues to await the release of the TWIC program assessment.
With the Chemical Facility Anti-Terrorism Standards (CFATS) program set to officially sunset in April 2020, a hearing was held on September 11, 2019, before the House Energy and Commerce Committee regarding the status of the program.
The Transportation Security Administration (TSA) has requested to extend its Pipeline Corporate Security Review (PCSR) program and is seeking public comment on the PCSR program until September 3, 2019.
The Transportation Security Administration (TSA) has issued its annual summary of enforcement actions for calendar year 2018.
The Department of Homeland Security (DHS) has published a notice of availability in connection the Ammonium Nitrate Security Program.
The Office of Management and Budget has approved the Cybersecurity and Infrastructure Security Agency’s (CISA’s) Information Collection Request which authorizes CISA to implement the Chemical Facility Anti-Terrorism Standards (CFATS) Personnel Surety Program (PSP) for all covered chemical facilities, to include Tier 3 and Tier 4 facilities.
In a recent Federal Register publication, the Department of Homeland Security (DHS) provided figures on its ongoing outreach initiative to identify “outlier” facilities.
The Department of Homeland Security (DHS) announced the release of Fiscal Year (FY) 2019 Notices of Funding Opportunity for eight DHS preparedness grant programs totaling more than $1.7 billion.
Effective April 5, 2019, the new maximum civil penalty for non-compliance with Chemical Facility Anti-Terrorism Standards (CFATS) regulations is $34,871 per day.
The U.S. Coast Guard (USCG) published its long-awaited Seafarers’ Access Final Rule on April 1, 2019.
In March, the Department of Justice (DOJ) Office of the Inspector General (IG), published a partially redacted report, titled Audit of the Federal Bureau of Investigation's [FBI’s] Management of Maritime Terrorism Threats.
The U.S. Government Accountability Office (GAO) has published a report on the Chemical Facility Anti-Terrorism Standards (CFATS) titled, “Progress and Challenges in DHS’s Management of Its Chemical Facility Security Program.”
The National Aeronautics and Space Administration (NASA), the Federal Aviation Administration (FAA), and industry have partnered to develop a capability to manage national airspace drone traffic, called Unmanned Aircraft Systems (UAS) Traffic Management (UTM).
DHS has issued a 60-Day Notice and Request for Comments on the renewal the CSAT’s information collection requirements.
DHS has issued a 60-Day Notice of Information Collection and is seeking public comments on the risk-mitigation value of TWIC at maritime facilities until April 8, 2019.