80 FR 62504 - Chemical Facility Anti-Terrorism Standards (CFATS) Appendix A
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary Federal Register Volume 80, Issue 200 (October 16, 2015)
Office of the Secretary
Federal Register Volume 80, Issue 200 (October 16, 2015)
| Page Range | 62504-62506 | |
| FR Document | 2015-26200 |
[Federal Register Volume 80, Number 200 (Friday, October 16, 2015)] [Proposed Rules] [Pages 62504-62506] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-26200] ======================================================================== Proposed Rules Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. ======================================================================== Federal Register / Vol. 80, No. 200 / Friday, October 16, 2015 / Proposed Rules [[Page 62504]] DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 6 CFR Part 27 [DHS-2014-0016] Chemical Facility Anti-Terrorism Standards (CFATS) Appendix A AGENCY: National Protection and Programs Directorate, Department of Homeland Security. ACTION: Notice of public meeting. ----------------------------------------------------------------------- SUMMARY: The Department of Homeland Security (DHS or the Department) invites public comment on the Appendix A Chemicals of Interest (COI) list. These comments may be used for potential revisions to the Chemical Facility Anti-Terrorism Standards (CFATS) regulations. DATES: A roundtable discussion will be held from 8:30 a.m. to 12:00 p.m. followed by a listening session from 1:00 p.m. to 4:00 p.m. on Tuesday, October 27, 2015. Written comments must be submitted on or before Monday, November 30, 2015. ADDRESSES: The roundtable discussion and public listening session will be held at:The National Training Center, 1310 North Courthouse Road, Suite 600, Arlington, VA 22201. You may submit comments, identified by docket number DHS-2014-0016. To avoid duplication, please use only one of the following methods: Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Mail: U.S. Department of Homeland Security, National Protection and Programs Directorate, Office of Infrastructure Protection, Infrastructure Security Compliance Division, 245 Murray Lane, Mail Stop 0610, Arlington, VA 20528-0610. In person: Verbal comments are acceptable in person at the public listening session. Registration to Attend and/or to Participate: If you wish to attend the roundtable discussion and public listening session and/or make an oral comment at the listening session, please register at http://www.cvent.com/d/8rqbsg/4W. If you cannot attend in person you may register to participate in a listen-only webinar. Comments will not be accepted during the webinar. Attendees of the webinar may submit written comments using the methods identified in this section. Please note that the morning portion will consist of a technical, roundtable discussion and the afternoon portion will consist of a listening session. There is no fee to register for either session. Same-day registration is permitted but seating will only be on a space-available basis, beginning at 7:30 a.m. We will do our best to accommodate all persons who wish to make a comment during the listening session. DHS encourages persons and groups having similar interests to consolidate their information for presentation through a single representative. FOR FURTHER INFORMATION CONTACT: Jon MacLaren, Rulemaking Section Chief, Office of Infrastructure Protection, Infrastructure Security Compliance Division, 245 Murray Lane, Mail Stop 0610, Washington, DC 20528-0610, Telephone 703-235-5263. For additional information on the Appendix A meeting, please email CFATS@hq.dhs.gov. Individuals with access and functional needs wishing to attend the session and require accommodations should contact Sharmine Jones at Sharmine.Jones@hq.dhs.gov as soon as possible. SUPPLEMENTARY INFORMATION: Abbreviations and Terms Used in This Document ASP Alternative Security Program CAS Chemical Abstract Service CFATS Chemical Facility Anti-Terrorism Standards CFR Code of Federal Regulations COI Chemicals of Interest CSAT Chemical Security Assessment Tool CVI Chemical-terrorism Vulnerability Information DHS or Department Department of Homeland Security FR Federal Register SSP Site Security Plan STQ Screening Threshold Quantity SVA Security Vulnerability Assessment I. Background Section 550 of the Department of Homeland Security Appropriations Act of 2007 (Pub. L. 109-295) authorized the Department to regulate the security of chemical facilities that, in the discretion of the Secretary, may present high levels of security risk. Under the Section 550 authority, on April 9, 2007, DHS issued the CFATS interim final rule, 6 CFR part 27. See 72 FR 17688. Additionally, in November 2007, the Department adopted as Appendix A to the CFATS rule, a final list of over 300 Chemicals of Interest (COI) that pose significant risks to human life or health if released, stolen or diverted, or sabotaged or contaminated. DHS also adopted some additional provisions that clarify how Appendix A is to be applied under CFATS. See 72 FR 65396. Publication of the Appendix A regulations brought the CFATS interim final rule into full effect. On December 18, 2014, the President signed into law the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014, (``the Act'') (Pub. L. 113-254 (6 U.S.C. 621 et seq.), which authorizes the CFATS program. The Act supersedes Section 550 of the Department of Homeland Security Appropriations Act of 2007, Public Law 109-295, as amended, under which the CFATS program was originally established in April 2007. The CFATS regulations, 6 CFR part 27, remain in effect. Under CFATS, any chemical facility (other than certain facilities expressly exempted by statute) that possesses any COI at or above the threshold amounts (applicable Screening Threshold Quantity (STQ) or minimum concentration) specified in Appendix A for that COI must complete and submit to DHS through the Chemical Security Assessment Tool (CSAT) \1\ certain information (the ``Top-Screen''). --------------------------------------------------------------------------- \1\ CSAT is an information technology system primarily designed to collect facility information through specific applications for submitting Top-Screens, Security Vulnerability Assessments (SVAs), Site Security Plans (SSPs), and Alternative Security Programs (ASPs). See 6 CFR 27.105. --------------------------------------------------------------------------- II. Scope of Roundtable Discussion and Listening Session DHS is interested in obtaining information and recommendations from the public on Appendix A. Comments and recommendations are welcomed on all aspects of CFATS Appendix A; [[Page 62505]] however, DHS is particularly interested in hearing about the following topics: The possible addition of chemicals to, and/or the deletion or modification of COI currently listed in Appendix A; The applicability and/or modification of any Screening Threshold Quantities (STQ) or minimum concentrations; Concentration and mixtures rules associated with Appendix A, which are described in 6 CFR 27.204; Isotopic variants to include comments on Chemical Abstract Service (CAS) Registry Numbers and nomenclature; The classification of COI within different security issues, to include the potential for re-designating certain chemicals now listed solely as release flammable so they are listed solely as toxic or as toxic and flammable; and Criteria for ``counting rules'' for screening threshold quantities to include clarification on how to determine if a COI is in transportation. III. Written Comments A. General All interested persons, even those who are unable to attend the roundtable discussion and/or public listening session in-person, may submit written comments, data, or views on how Appendix A of the current CFATS regulations, 6 CFR part 27, might be improved. Please explain the reason for any comments and include other information or authority that supports such comments. Feedback that simply states that a stakeholder feels strongly that DHS should modify the Appendix A COI list will not enable the Department to adequately evaluate the commenter's concern, nor could DHS propose possible changes to address the commenter's feedback. Therefore the Department requests that commenters provide actionable data, including how the proposed change would impact the costs and benefits of CFATS, to allow the Department to fully consider the commenter's comment and recommendation. Written comments may be submitted electronically or by mail, as explained previously in the ADDRESSES section of this Notice. To avoid duplication, please use only one of these methods to submit written comments. Written comments will not be accepted at this public meeting. Except as provided below, all comments received, as well as pertinent background documents, will be posted without change to http://www.regulations.gov, including any personal information provided. All submissions must include the agency name and docket number for this rulemaking. For access to the docket to read background documents or comments received, go to http://www.regulations.gov. B. Handling of Confidential, Sensitive and Chemical-Terrorism Vulnerability Information Interested parties are encouraged to submit comments in a manner that avoids discussion of trade secrets, confidential commercial or financial information, Chemical-terrorism Vulnerability Information (CVI), or any other category of sensitive information that should not be disclosed to the general public. If it is not possible to avoid such discussion, however, please specifically identify any confidential or sensitive information contained in the comments with appropriate warning language (e.g., any CVI must be marked and handled in accordance with the requirements of 6 CFR 27.400(f)), and submit them by mail to the individual listed in the FOR FURTHER INFORMATION CONTACT section. DHS will not place any identifiable confidential or sensitive comments in the public docket; rather, DHS will handle them in accordance with applicable safeguards and restrictions on access. See e.g., 6 CFR 27.400. See also the DHS CVI Procedural Manual, ``Safeguarding Information Designated as CVI,'' September 2008, located on the DHS Web site at: www.dhs.gov/critical-infrastructure-chemical-security. DHS will hold any such comments in a separate file to which the public does not have access and place a note in the public docket that DHS has received such materials from the commenter. DHS will provide appropriate access to such comments upon request to individuals who meet the applicable legal requirements for access to such information. IV. Roundtable Discussion and Listening Session A. Purpose The Department will hold a public roundtable discussion and listening session to solicit the public's views and recommendations on how the current Appendix A COI list might be improved. B. Procedures and Participation This meeting is open to the public. DHS will use sign-in sheets to voluntarily collect contact information from the attending public and to properly log oral comments received during the two sessions. Providing contact information will be voluntary, and members of the public also may make anonymous oral comments. Seating may be limited, but session organizers will make every effort to accommodate all participants. Please note that members of the public who participate through the listen-only webinar may log in as a guest on the Homeland Security Information Network. This log in does not require your full name or a password. As previously stated, comments will not be accepted through the webinar. If you wish to submit a written comment please submit through the methods identified in the ADDRESSES section. The roundtable discussion is intended for technical experts, who have a scientific, security, regulatory or other background to discuss the proposed topics regarding Appendix A at an expert level. However, individuals who are not technical experts (or who do not meet the other criteria) may still attend and participate in the meeting. The listening session is intended to afford the public an opportunity to provide comments to the Department concerning CFATS and the Appendix A. For the listening session, comments are requested not to exceed four minutes at a time to enable all interested attendees an opportunity to provide comment. Should time permit, commenters who need additional time may be invited to complete their comments. The listening session may adjourn early if all commenters present have had the opportunity to speak prior to the scheduled conclusion of the session. Participants who speak will be asked to provide their name, title, company and stakeholder segment (i.e. chemical producers, chemical storage companies, agricultural supply companies, state and local regulators, chemical critical infrastructure owners and operators, etc.). Notes from the listening session will be posted at http://www.regulations.gov. The public roundtable discussion and listening session also may be recorded to support the note-taking effort. DHS will place a transcript of the public meeting in the docket for this rulemaking. In addressing these topics, DHS encourages interested parties to provide specific data that documents the costs, burdens, and benefits of the current regulatory approach. Commenters also might address how DHS can best obtain and consider accurate, objective information and data about the costs, burdens, and benefits of Appendix A, and whether there are lower cost alternatives that would to allow the [[Page 62506]] Department to continue to achieve its security goals consistent with the law. David M. Wulf, Director for Infrastructure Security Compliance Division, Department of Homeland Security. [FR Doc. 2015-26200 Filed 10-15-15; 8:45 am] BILLING CODE 9110-9P-P
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Proposed Rules Federal Register
Vol. 80, No. 200
Friday, October 16, 2015
This section of the FEDERAL REGISTER Registration to Attend and/or to I. Background
contains notices to the public of the proposed Participate: If you wish to attend the Section 550 of the Department of
issuance of rules and regulations. The roundtable discussion and public
purpose of these notices is to give interested Homeland Security Appropriations Act
listening session and/or make an oral of 2007 (Pub. L. 109–295) authorized the
persons an opportunity to participate in the comment at the listening session, please
rule making prior to the adoption of the final Department to regulate the security of
rules.
register at http://www.cvent.com/d/ chemical facilities that, in the discretion
8rqbsg/4W. If you cannot attend in of the Secretary, may present high levels
person you may register to participate in of security risk. Under the Section 550
DEPARTMENT OF HOMELAND a listen-only webinar. Comments will authority, on April 9, 2007, DHS issued
SECURITY not be accepted during the webinar. the CFATS interim final rule, 6 CFR part
Attendees of the webinar may submit 27. See 72 FR 17688. Additionally, in
Office of the Secretary written comments using the methods November 2007, the Department
identified in this section. Please note adopted as Appendix A to the CFATS
6 CFR Part 27 that the morning portion will consist of rule, a final list of over 300 Chemicals
[DHS–2014–0016]
a technical, roundtable discussion and of Interest (COI) that pose significant
the afternoon portion will consist of a risks to human life or health if released,
Chemical Facility Anti-Terrorism listening session. There is no fee to stolen or diverted, or sabotaged or
Standards (CFATS) Appendix A register for either session. Same-day contaminated. DHS also adopted some
registration is permitted but seating will additional provisions that clarify how
AGENCY: National Protection and only be on a space-available basis, Appendix A is to be applied under
Programs Directorate, Department of beginning at 7:30 a.m. We will do our CFATS. See 72 FR 65396. Publication of
Homeland Security. best to accommodate all persons who the Appendix A regulations brought the
ACTION: Notice of public meeting. wish to make a comment during the CFATS interim final rule into full effect.
listening session. DHS encourages On December 18, 2014, the President
SUMMARY: The Department of Homeland persons and groups having similar signed into law the Protecting and
Security (DHS or the Department) interests to consolidate their Securing Chemical Facilities from
invites public comment on the information for presentation through a Terrorist Attacks Act of 2014, (‘‘the
Appendix A Chemicals of Interest (COI) single representative. Act’’) (Pub. L. 113–254 (6 U.S.C. 621 et
list. These comments may be used for
FOR FURTHER INFORMATION CONTACT: Jon seq.), which authorizes the CFATS
potential revisions to the Chemical
MacLaren, Rulemaking Section Chief, program. The Act supersedes Section
Facility Anti-Terrorism Standards
Office of Infrastructure Protection, 550 of the Department of Homeland
(CFATS) regulations.
Infrastructure Security Compliance Security Appropriations Act of 2007,
DATES: A roundtable discussion will be Public Law 109–295, as amended, under
held from 8:30 a.m. to 12:00 p.m. Division, 245 Murray Lane, Mail Stop
0610, Washington, DC 20528–0610, which the CFATS program was
followed by a listening session from originally established in April 2007. The
1:00 p.m. to 4:00 p.m. on Tuesday, Telephone 703–235–5263. For
additional information on the Appendix CFATS regulations, 6 CFR part 27,
October 27, 2015. Written comments remain in effect. Under CFATS, any
must be submitted on or before Monday, A meeting, please email CFATS@
hq.dhs.gov. Individuals with access and chemical facility (other than certain
November 30, 2015. facilities expressly exempted by statute)
functional needs wishing to attend the
ADDRESSES: The roundtable discussion that possesses any COI at or above the
session and require accommodations
and public listening session will be held should contact Sharmine Jones at threshold amounts (applicable
at: Sharmine.Jones@hq.dhs.gov as soon as Screening Threshold Quantity (STQ) or
• The National Training Center, 1310 minimum concentration) specified in
possible.
North Courthouse Road, Suite 600, Appendix A for that COI must complete
Arlington, VA 22201. SUPPLEMENTARY INFORMATION: and submit to DHS through the
You may submit comments, identified Chemical Security Assessment Tool
by docket number DHS–2014–0016. To Abbreviations and Terms Used in This
(CSAT) 1 certain information (the ‘‘Top-
avoid duplication, please use only one Document
Screen’’).
of the following methods: ASP Alternative Security Program
• Federal eRulemaking Portal: http:// CAS Chemical Abstract Service II. Scope of Roundtable Discussion and
www.regulations.gov. Follow the CFATS Chemical Facility Anti-Terrorism Listening Session
instructions for submitting comments. Standards DHS is interested in obtaining
• Mail: U.S. Department of Homeland CFR Code of Federal Regulations information and recommendations from
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Security, National Protection and COI Chemicals of Interest the public on Appendix A. Comments
Programs Directorate, Office of CSAT Chemical Security Assessment Tool and recommendations are welcomed on
Infrastructure Protection, Infrastructure CVI Chemical-terrorism Vulnerability
all aspects of CFATS Appendix A;
Information
Security Compliance Division, 245 DHS or Department Department of
Murray Lane, Mail Stop 0610, Homeland Security
1 CSAT is an information technology system
Arlington, VA 20528–0610. primarily designed to collect facility information
FR Federal Register through specific applications for submitting Top-
• In person: Verbal comments are SSP Site Security Plan Screens, Security Vulnerability Assessments
acceptable in person at the public STQ Screening Threshold Quantity (SVAs), Site Security Plans (SSPs), and Alternative
listening session. SVA Security Vulnerability Assessment Security Programs (ASPs). See 6 CFR 27.105.
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![62506 Federal Register / Vol. 80, No. 200 / Friday, October 16, 2015 / Proposed Rules
Department to continue to achieve its and will be made available to the 20 days after the date of the entry of the
security goals consistent with the law. public. Please be advised that the ruling.
identity of the individuals or entities Section 1504 of the Food,
David M. Wulf, Conservation, and Energy Act of 2008
submitting the comments will be made
Director for Infrastructure Security public on the internet at the address (2008 Farm Bill) (Pub. L. 110–246)
Compliance Division, Department of amended section 18c(17) of the Act,
Homeland Security.
provided above.
which in turn required the addition of
[FR Doc. 2015–26200 Filed 10–15–15; 8:45 am] FOR FURTHER INFORMATION CONTACT:
supplemental rules of practice to 7 CFR
BILLING CODE 9110–9P–P Geronimo Quinones, Marketing
part 900 (73 FR 49307; August 21,
Specialist, or Michelle P. Sharrow,
2008). The additional supplemental
Rulemaking Branch Chief, Marketing
rules of practice authorize the use of
DEPARTMENT OF AGRICULTURE Order and Agreement Division, Fruit
informal rulemaking (5 U.S.C. 553) to
and Vegetable Program, AMS, USDA;
amend Federal fruit, vegetable, and nut
Agricultural Marketing Service 1400 Independence Avenue SW., Stop
marketing agreements and orders. USDA
0237, Washington, DC 20250–0237; may use informal rulemaking to amend
7 CFR Part 989 Telephone: (202) 720–2491, Fax: (202) marketing orders based on the nature
720–8938, or Email: and complexity of the proposed
[Doc. No. AMS–FV–14–0069; FV–14–989–2
geronimo.quinones@ams.usda.gov or amendments, the potential regulatory
PR]
michelle.sharrow@ams.usda.gov. and economic impacts on affected
Raisins Produced From Grapes Grown Small businesses may request entities, and any other relevant matters.
in California; Proposed Amendments information on complying with this AMS has considered these factors and
to Marketing Order regulation by contacting Jeffrey Smutny, has determined that the amendment
Marketing Order and Agreement proposals are not unduly complex and
AGENCY: Agricultural Marketing Service, Division, Fruit and Vegetable Program, the nature of the proposed amendments
USDA. AMS, USDA, 1400 Independence is appropriate for utilizing the informal
ACTION: Proposed rule. Avenue SW., STOP 0237, Washington, rulemaking process to amend the order.
DC 20250–0237; Telephone: (202) 720– A discussion of the potential regulatory
SUMMARY: This proposed rule invites
2491, Fax: (202) 720–8938, or Email: and economic impacts on affected
public comments on proposed
Jeffrey.Smutny@ams.usda.gov. entities is discussed later in the ‘‘Initial
amendments to Marketing Order No.
989, which regulates the handling of SUPPLEMENTARY INFORMATION: This Regulatory Flexibility Analysis’’ section
raisins produced from grapes grown in proposal is issued under Marketing of this rule.
Order No. 989, as amended (7 CFR part The proposed amendments were
California. The Raisin Administrative
989), regulating the handling of raisins unanimously recommended by the
Committee (Committee), which is
produced from grapes grown in Committee following deliberations at a
responsible for the local administration
California, hereinafter referred to as the public meeting held on October 2, 2014.
of the order and is comprised of
‘‘order.’’ The order is effective under the Currently, the order does not allow the
producers and handlers of raisins
Agricultural Marketing Agreement Act Committee to borrow funds from a
operating within the production area,
of 1937, as amended (7 U.S.C. 601–674), commercial lending institution or retain
recommended the amendments that
hereinafter referred to as the ‘‘Act.’’ unspent handler assessments past the
would authorize the Committee to
close of a fiscal year. Allowing the
borrow from a commercial lending The Department of Agriculture
Committee to utilize these customary
institution and authorize the (USDA) is issuing this rule in
business practices would help to
establishment of a monetary reserve conformance with Executive Orders
improve administration of the order by
equal to up to one year’s budgeted 12866, 13563, and 13175.
providing it with the means for ensuring
expenses. Allowing the Committee to This proposal has been reviewed continuity of operations when its cash
utilize these customary business under Executive Order 12988, Civil flow needs are greater than available
practices would help to improve Justice Reform. This rule is not intended handler assessment income.
administration of the order. to have retroactive effect.
DATES: Comments must be received by The Act provides that administrative Proposal #1—Borrowing From a
December 15, 2015. proceedings must be exhausted before Commercial Lending Institution
ADDRESSES: Interested persons are parties may file suit in court. Under Section 989.80 of the order,
invited to submit written comments section 608c(15)(A) of the Act, any Assessments, authorizes the Committee
concerning this rule. Comments must be handler subject to an order may file to collect assessments from handlers to
sent to the Docket Clerk, Marketing with USDA a petition stating that the administer the program.
Order and Agreement Division, Fruit order, any provision of the order, or any This proposal would provide the
and Vegetable Program, AMS, USDA, obligation imposed in connection with Committee with authority to borrow
1400 Independence Avenue SW., STOP the order is not in accordance with law from a commercial lending institution
0237, Washington, DC 20250–0237; Fax: and request a modification of the order during times of cash shortages. Since
(202) 720–8938; or Internet: http:// or to be exempted therefrom. Such inception of the marketing order, the
www.regulations.gov. Comments should handler is afforded the opportunity for Committee sometimes has used the
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
reference the document number and the a hearing on the petition. After the order’s volume regulation provisions to
date and page number of this issue of hearing, USDA would rule on the pool a portion of the annual raisin crop
the Federal Register and will be petition. The Act provides that the to assure orderly marketing. These
available for public inspection in the district court of the United States in any pooled raisins, designated by the
Office of the Docket Clerk during regular district in which the handler is an Committee as reserve raisins, were sold
business hours, or can be viewed at: inhabitant, or has his or her principal and released to handlers throughout the
http://www.regulations.gov. All place of business, has jurisdiction to crop year. In managing the pooled
comments submitted in response to this review USDA’s ruling on the petition, raisins for the best return to growers, the
proposal will be included in the record provided an action is filed not later than Committee pooled the cash received
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Document Created: 2015-12-14 15:23:31
Document Modified: 2015-12-14 15:23:31
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of public meeting. | |
| Dates | A roundtable discussion will be held from 8:30 a.m. to 12:00 p.m. followed by a listening session from 1:00 p.m. to 4:00 p.m. on Tuesday, October 27, 2015. Written comments must be submitted on or before Monday, November 30, 2015. | |
| Contact | Jon MacLaren, Rulemaking Section Chief, Office of Infrastructure Protection, Infrastructure Security Compliance Division, 245 Murray Lane, Mail Stop 0610, Washington, DC 20528-0610, Telephone 703-235-5263. For additional information on the Appendix A meeting, please email [email protected] Individuals with access and functional needs wishing to attend the session and require accommodations should contact Sharmine Jones at [email protected] as soon as possible. | |
| FR Citation | 80 FR 62504 |
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