There is often confusion on when an amendment to your FSP is only needed or when an audit in addition to an amendment is required. Essentially, an amendment documents a change to your FSP and maybe initiated by the owner or operator or the cognizant COTP to maintain the facility’s security. If the facility owner or operator initiates the amendment, the proposed amendment must be submitted at least 30 days before the amendment is to take effect unless the cognizant COTP allows a shorter period.

If the COTP gives the facility written notice an amendment is required, the facility owner or operator will have at least 60 days to submit its proposed amendments. Until the amendments are approved, the facility owner or operator shall ensure temporary security measures are implemented to the satisfaction of the COTP.

You amend your plan when there is a change to your FSP such as a new FSO or Alternate FSO is assigned. Where the confusion lies is when an audit is required to be conducted along with an amendment. Such as the case when the owner or operator at the Facility changes, the FSO must amend the FSP to include the name and contact information of the new facility Owner or Operator and submit the affected portion of the FSP for review and approval to the COTP as well as conduct an audit for submission to the new Owner or Operator. Other examples where the FSP must be audited along with amendments are if there have been modifications to the facility including but not limited to physical structure, emergency response procedures, security measures or operations. There is an inclination to only submit an amendment on these changes when actually an audit is required as well. Auditing the FSP as a result of modifications to the facility may be limited to those sections of the FSP affected by the facility modifications. If the change in operations and modifications to the facility are significant enough, the audit will determine if you need to complete a new FSA and rewrite of the FSP. This is laid out in 33 CFR 105.415. Visit our February blogs for more information on your FSP audit.

Remember – before you draft an amendment or conduct an audit, be sure to check with Seebald & Associates or your local COTP to provide you with the proper way ahead.