80_FR_72308 80 FR 72086 - Chemical Security Assessment Tool (CSAT)

80 FR 72086 - Chemical Security Assessment Tool (CSAT)

DEPARTMENT OF HOMELAND SECURITY

Federal Register Volume 80, Issue 222 (November 18, 2015)

Page Range72086-72094
FR Document2015-29457

The Department of Homeland Security (DHS or the Department), National Protection and Programs Directorate (NPPD), Office of Infrastructure Protection (IP), Infrastructure Security Compliance Division (ISCD), will submit the following Information Collection Request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35).

Federal Register, Volume 80 Issue 222 (Wednesday, November 18, 2015)
[Federal Register Volume 80, Number 222 (Wednesday, November 18, 2015)]
[Notices]
[Pages 72086-72094]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29457]


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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2015-0058]


Chemical Security Assessment Tool (CSAT)

AGENCY: National Protection and Programs Directorate, DHS.

ACTION: 60-Day notice and request for comments; Revision of Information 
Collection Request: 1670-0007.

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SUMMARY: The Department of Homeland Security (DHS or the Department), 
National Protection and Programs Directorate (NPPD), Office of 
Infrastructure Protection (IP), Infrastructure Security Compliance 
Division (ISCD), will submit the following Information Collection 
Request to the Office of Management and Budget (OMB) for review and 
clearance in accordance with the Paperwork Reduction Act of 1995 (Pub. 
L. 104-13, 44 U.S.C. Chapter 35).

DATES: Comments are encouraged and will be accepted until January 19, 
2016. This process is conducted in accordance with 5 CFR 1320.8.

ADDRESSES: Interested persons are invited to submit comments on the 
proposed information collection through the Federal eRulemaking Portal 
at http://www.regulations.gov. All submissions received must include 
the words ``Department of Homeland Security'' and the docket number 
DHS-2015-0058. Except as provided below, comments received will be 
posted without alteration at http://www.regulations.gov, including any 
personal information provided.
    Comments that include trade secrets, confidential commercial or 
financial information, Chemical-terrorism Vulnerability Information 
(CVI),\1\ Sensitive Security Information (SSI),\2\ or Protected 
Critical Infrastructure Information (PCII) \3\ should not be submitted 
to the public regulatory docket. Please submit such comments separately 
from other comments in response to this notice. Comments containing 
trade secrets, confidential commercial or financial information, CVI, 
SSI, or PCII should be appropriately marked and packaged in accordance 
with applicable requirements and submitted by mail to the DHS/NPPD/IP/
ISCD CFATS Program Manager at the Department of Homeland Security, 245 
Murray Lane SW., Mail Stop 0610, Arlington, VA 20528-0610. Comments 
must be identified by docket number DHS-2015-0058.
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    \1\ For more information about CVI see 6 CFR 27.400 and the CVI 
Procedural Manual at http://www.dhs.gov/xlibrary/assets/chemsec_cvi_proceduresmanual.pdf.
    \2\ For more information about SSI see 49 CFR part 1520 and the 
SSI Program Web page at http://www.tsa.gov.
    \3\ For more information about PCII see 6 CFR part 29 and the 
PCII Program Web page at http://www.dhs.gov/protected-critical-infrastructure-information-pcii-program.

SUPPLEMENTARY INFORMATION: Section 550 of the Homeland Security 
Appropriations Act of 2007, Public Law 109-295 (2006), provided the 
Department with the authority to regulate the security of high-risk 
chemical facilities. On April 9, 2007, the Department issued an Interim 
Final Rule (IFR), implementing this statutory mandate at 72 FR 17688. 
In December 2014, the President signed into law the Protecting and 
Securing Chemical Facilities from Terrorist Attacks Act of 2014 (the 
CFATS Act of 2014), Public Law 113-254, which authorized the Chemical 
Facility Anti-Terrorism Standards program in the Homeland Security Act 
of 2002, as amended, Public Law 107-296.\4\
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    \4\ Section 2 of the CFATS Act of 2014 adds a new Title XXI to 
the Homeland Security Act of 2002. Title XXI contains new sections 
numbered 2101 through 2109. Citations to the Homeland Security Act 
of 2002 throughout this document reference those sections of Title 
XXI. In addition to being found in amended versions of the Homeland 
Security Act of 2002, those sections of Title XXI can also be found 
in section 2 of the CFATS Act of 2014, or in 6 U.S.C. 621-629.
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    The CFATS regulations (available at 6 CFR part 27) govern the 
security at covered chemical facilities that have been determined by 
the Department to be at high risk for terrorist attack. See 6 CFR part 
27. CFATS represents a national-level effort to minimize terrorism risk 
to such facilities. Its design and implementation balance maintaining 
economic vitality with securing facilities and their surrounding 
communities. The regulations were designed, in collaboration with the 
private sector and other stakeholders, to take advantage of protective 
measures already in place and to allow facilities to employ a wide 
range of tailored measures to satisfy the regulations' Risk-Based 
Performance Standards (RBPS).
    The Department collects the core regulatory data necessary to 
implement CFATS through the portions of the Chemical Security 
Assessment Tool (CSAT) covered under this collection. For more 
information about CFATS and CSAT, you may access www.dhs.gov/chemicalsecurity. The current information collection for CSAT (IC

[[Page 72087]]

1670-0007) will expire on April 30, 2016.\5\
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    \5\ The current information collection for CSAT may be found at 
http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201303-1670-001
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The Department's Methodology in Estimating the Burden for the Top-
Screen

Number of Respondents

    The current information collection estimated that 2,500 respondents 
would submit a Top-Screen annually. That estimate, which is taken from 
the 2007 CFATS Regulatory Assessment,\6\ was derived by averaging the 
estimated number of respondents that would complete a Top-Screen during 
calendar year (CY) 2012-2014 that had not previously submitted a Top-
Screen. In actuality, during CY 2012-2014, there were 2,574 respondents 
(i.e., chemical facilities of interest) that submitted a Top-Screen for 
the first time. This information is displayed in Table 1 below:
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    \6\ See Section 3 and Table 6 of the 2007 CFATS Regulatory 
Assessment, http://www.regulations.gov/#!documentDetail;D=DHS-2006-
0073-0116.

                                         Table 1--Top-Screen Respondents
                                            [Estimated versus actual]
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                                Year 1 CY 2012  Year 2 CY 2013  Year 3 CY 2014       Total       Average annual
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Estimated number of Top-Screen           2,500           2,500           2,500           7,500  2,500.
 respondents in the current
 information collection.
                               ---------------------------------------------------------------------------------
    Total Number of                        412           1,434             728           2,574  858 (rounded).
     Respondents.
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    Because the annual average of 858 respondents is less than half of 
the annual number of respondents estimated in the 2007 CFATS Regulatory 
Evaluation for CY 2012-2014 (i.e., 2,500), the Department will revise 
the estimated number of respondents for this instrument to 1,000 
respondents annually.

Estimated Time per Respondent

    In the current information collection, the estimated time per 
respondent to prepare and submit a Top-Screen is 11.25 hours. This 
estimate assumed that the majority of the burden associated with the 
Top-Screen was outside of the Department's ability to quantitatively 
measure. However, by using the data collected during CY 2012-2014, the 
Department was able to measure the duration a respondent was logged 
into the Top-Screen application. Based upon actual historical data, the 
Department determined that 95% percent of respondents, who submitted 
Top-Screens, were logged into the CSAT Top-Screen application for no 
more than 1.2 hours (72 minutes). In response to previous comments 
provided by stakeholders in the last round of public comments on this 
Information Collection, the Department estimates that for every hour a 
respondent is logged into the CSAT Top-Screen application, the 
respondent spends an average of four hours in preparation.\7\ 
Therefore, for the purposes of this notice, the Department's estimated 
time per respondent to submit a Top-Screen is 6 hours [1.2 hours + (1.2 
hours x 4 hours)]. To account for the anticipated resubmission by 
respondents, the Department further estimates that 50 percent of the 
respondents will submit two Top-Screens.\8\
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    \7\ The comments and the Department's response are described in 
the 30-day notice the Department published for this Information 
Collection in March of 2013 (http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201303-1670-001)
    \8\ The Department analyzed the amount of time a respondent was 
logged into CSAT when submitting an initial Top-Screen versus an 
additional Top-Screen and determined that while there was a slight 
difference in the burden per response (i.e., Additional Top-Screens 
took on average 15% less time). The Department, for the purposes of 
this notice, opted not to break out the initial and subsequent Top-
Screens to analyze the minimal burden difference.
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    The Department expects to implement a revised Top-Screen with the 
approval of this information collection. The Department expects that as 
a result of the revised Top-Screen respondents will spend about 
approximately the same amount of time logged into the CSAT Top-Screen 
application as Top-Screen users have, historically. The revised Top-
Screen will: (1) Streamline the entry of information about chemicals of 
interest (COI) into CSAT; (2) add new questions to assist respondents 
in identifying the COI related security issue(s); (3) include questions 
currently asked in the current Security Vulnerability Assessment (SVA) 
and Alternative Security Program (ASP) Instrument; and (4) utilize 
geospatial technology to identify area of highest quantity.
    The Department also collects supporting documentation from 
approximately half of the respondents. Based upon the Department's day-
to-day informal discussions with respondents, the Department believes 
that a reasonable burden for the gathering and provision of supporting 
documentation is 0.25 hours.

Annual Burden Hours

    The annual burden hours for the Top-Screen is [6 hours x 1,000 
respondents x 1.5 responses per respondent], which equals 9,000 hours. 
The annual burden hours to submit supporting documentation is 125 hours 
[0.25 hours x 500 respondents x one response per respondent].
    Therefore, the Department estimates that the total annual burden 
hours for the Top-Screen is 9,125 hours [9,000 hours + 125 hours]. The 
rounded estimate is 9,200 hours.

Total Burden Cost (Capital/Startup)

    The Department provides access to CSAT free of charge and the 
Department assumes that each respondent already has access to the 
internet for basic business needs.
    As mentioned previously in this notice, the Department expects to 
revise the Top-Screen when this information collection is approved. The 
revised Top-Screen will enable the Department to begin using an 
improved tiering methodology that incorporates the relevant elements of 
risk, which was mandated by Section 2102(e)(2) of the Protecting and 
Securing Chemical Facilities from Terrorist Attacks Act of 2014 (the 
CFATS Act of 2014). As a result of the development of the new tiering 
methodology, the Department is considering requesting chemical 
facilities of interest that have chemical holdings at or above the 
screening

[[Page 72088]]

threshold quantities on Appendix A of CFATS to complete the Top-Screen, 
even if the facility has previously completed a Top-Screen and been 
determined not to be high-risk. Between the effective date of CFATS in 
June 2007 and December 2014, the Department has received Top-Screens 
from approximately 36,930 unique facilities. Therefore the Department 
estimates that there will be a one-time capital/startup cost of 
$15,005,397.60 [36,930 facilities x 6 hours x $67.72 (average hourly 
wage rate for Site Security Officers)]. The rounded estimate is 
$15,005,400.

Total Recordkeeping Burden

    A respondent that has submitted a Top-Screen may or may not be 
determined by the Department to present a high level of security risk. 
Only respondents that present a high level of security risk are 
required to keep records mandated by CFATS.
    For respondents that ultimately are determined not to present a 
high level of security risk, the Department estimates any CFATS 
recordkeeping burden to be de minimis.
    For respondents that are determined to present a high level of 
security risk, the Top-Screen recordkeeping burden is accounted for 
within the recordkeeping burden estimate for the ``Site Security Plan 
(SSP) and Alternative Security Program (ASP) submitted in lieu of the 
Site Security Plan,'' discussed later in this notice. The recordkeeping 
burden estimate for the ``Site Security Plan (SSP) and Alternative 
Security Program (ASP) submitted in lieu of the Site Security Plan'' 
accounts for all records respondents are required to maintain under 
CFATS because the Department assumes that respondents maintain their 
Top-Screen records and any other required records in the same manners, 
formats, and locations as they maintain their SSP/ASP records.

Total Annual Burden Cost

    The 2007 CFATS Regulatory Evaluation assumes that Site Security 
Officers are responsible for submitting Top-Screens. For the purpose of 
this notice, the Department maintains this assumption.
    Therefore, to estimate the total annual burden, the Department 
multiplied the annual burden of 9,125 hours by the average hourly wage 
rate of Site Security Officers of $67.72 per hour \9\ and then added 
the one-time startup cost. Therefore, the total annual burden cost for 
the Top-Screen instrument is $15,623,342.60 [9,125 total annual burden 
hours x $67.72 per hour + $15,005,397.60]. The rounded estimate is 
$15,623,400.
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    \9\ The average hourly wage rate was based on an average hourly 
wage rate of $47.21 with a benefits multiplier of 1.43. The $47.21 
rate was based on 2014 dollars using the Consumer Price Index (CPI). 
U.S. Department of Labor, Bureau of Labor Statistics; ``Table 24. 
Historical Consumer Price Index for All Urban Consumers (CPI-U): U. 
S. city average, all;'' Annual Average; July 2015. Available at: 
http://www.bls.gov/cpi/tables.htm, last accessed on September 9, 
2015.
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The Department's Methodology in Estimating the Burden for the Security 
Vulnerability Assessment (SVA) & Alternative Security Program (ASP) 
Submitted in Lieu of the Security Vulnerability Assessment

Number of Respondents

    The current information collection estimated that 740 respondents 
would complete an SVA/ASP annually during CY 2012-2014 that had not 
previously submitted an SVA/ASP. The number of respondents was derived 
by a two-step process. The first step estimated the expected number of 
SVAs/ASPs by multiplying the estimated number of Top-Screens in each CY 
by the percentage of Top-Screens that resulted in a determination by 
the Department that an SVA or ASP in lieu of an SVA must be submitted 
by a respondent (i.e., a covered chemical facility). When the current 
information collection was approved in September of 2014, that rate was 
29.6 percent. The estimated number of SVAs or ASPs in lieu of SVAs that 
must be submitted by respondents was then averaged. See the table below 
for estimates.

     Table 2--SVA/ASP Respondent Estimates in Current Information Collection Based on Top-Screen Respondents
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                                  Year 1 CY 2012  Year 2 CY 2013  Year 3 CY 2014       Total      Average annual
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Estimated number of Top-Screen             2,500           2,500           2,500           7,500           2,500
 Respondents in the current
 information collection.........
Estimated number of SVA/ASP                  740             740             740           2,220             740
 Respondents in the current
 information collection.........
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    In actuality, during CY2012-2014, there were 633 respondents (i.e., 
chemical facilities of interest) that submitted an SVA/ASP for the 
first time. This information is displayed in Table 3 below:

                                          Table 3--SVA/ASP Respondents
                                            [Estimated versus actual]
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                                                  Year 1 CY 2012  Year 2 CY 2013  Year 3 CY 2014       Total
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Estimated number of SVA/ASP respondents in the               740             740             740           2,220
 current information collection.................
Actual Number of Respondents....................             136             315             182             633
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    The Department is satisfied that the methodology to estimate the 
number of respondents is reasonable because the percentage of Top-
Screens that resulted in a determination by the Department that an SVA 
or ASP in lieu of an SVA was relatively stable. Historical data from 
the Department during CY 2012-2014 revealed that the percentage of Top-
Screens that subsequently resulted in a determination that an SVA or 
ASP in lieu of an SVA must be submitted by

[[Page 72089]]

a respondent was 21.1 percent. This is a small change from the previous 
percentage of 29.6 percent. The estimated number of SVAs or ASPs in 
lieu of SVAs that must be submitted by respondents was determined by CY 
and then averaged. Therefore, for the purposes of this notice, the 
number of SVA/ASP respondents is 211 [1,000 Top-Screen Respondents x 
0.211]. The Department opted to not round the estimate. See table 
below.

              Table 4--SVA/ASP Respondents Estimates in This Notice Based on Top-Screen Respondents
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                                  Year 1 CY 2012  Year 2 CY 2013  Year 3 CY 2014       Total      Average annual
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Estimated number of Top-Screen             1,000           1,000           1,000           3,000           1,000
 responses in this notice.......
Estimated number of SVA/ASP                  211             211             211             633             211
 responses in this notice.......
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Estimated Time per Respondent

    The current information collection estimated the time per 
respondent for preparing and submitting an SVA/ASP to be 65 hours. This 
estimate assumed that the majority of the burden associated with the 
SVAs/ASPs was outside of the Department's ability to quantitatively 
measure. However, by using the data collected during CY 2012-2014, the 
Department was able to measure the duration a respondent was logged 
into the SVA/ASP application. Based upon actual historical data, the 
Department determined that 95 percent of respondents who submitted SVAs 
were logged into the CSAT SVA/ASP application for no more than 5.3 
hours.
    The Department expects to implement a revised SVA/ASP with the 
approval of this information collection. The Department expects that as 
a result of the revised SVA/ASP respondents will spend 90 percent less 
time logged into the SVA/ASP application because the revised SVA/ASP 
will (1) have duplicative questions removed that exist in the SSP/ASP; 
(2) a few questions will be moved to the Top-Screen to support the 
improved tiering methodology; and (3) the attack scenarios and related 
questions will also be removed.
    In response to previous comments provided by stakeholders in the 
last round of public comments on this Information Collection, the 
Department estimates that for every hour a respondent is logged into 
the CSAT SVA/ASP application, it spends an average of four hours in 
preparation. Therefore, for the purpose of this notice, the 
Department's estimated time per respondent to submit an SVA/ASP is 2.65 
hours [(5.3 hours x 0.1) + (5.3 hours x 0.1) x 4 hours].\10\
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    \10\ The numerical value of 0.1 is used to reflect that 90% 
reduction of time a respondent is expected to be logged into the 
CSAT SVA/ASP.
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    During CY 2012-2014, for every initial submission of an SVA, 
respondents generally submit two additional SVA/ASPs. However, the 
Department believes that the reasons for this higher than expected 
resubmission rate have been addressed and will not be repeated. 
Therefore, the Department anticipates that only 50 percent of the 
respondents will submit two SVA/ASPs.\11\
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    \11\ The Department analyzed the amount of time a respondent was 
logged into CSAT when submitting an initial SVA/ASP versus an 
additional SVA/ASP and determined that additional SVAs/ASPs took 3% 
more time on average than initial SVAs/ASPs. The Department, for the 
purposes of this notice, opted not to break out the initial and 
subsequent SVAs/ASPs to analyze the minimal burden difference.
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    The Department also collects supporting documentation from 
approximately half of the respondents. Based upon the Department's day-
to-day informal discussions with respondents, the Department believes 
that a reasonable burden for gathering and provision of supporting 
documentation is 0.25 hours per respondent.

Annual Burden Hours

    The annual burden hours for an SVA/ASP is 838.725 hours [211 
respondents x 2.65 hours x 1.5 responses per respondent].
    The annual burden estimate to obtain supporting documentation is 
26.375 hours [0.25 hours x 211 respondents x 0.5 x 1 response per 
respondent].
    Therefore, the Department estimates that the total annual burden in 
hours for the SVA/ASP is 865.10 hours [838.725 hours + 26.375 hours]. 
The rounded estimate is 900 hours.

Total Burden Cost (Capital/Startup)

    The Department provides access to CSAT free of charge, and the 
Department assumes that each respondent already has access to the 
internet for basic business needs. Therefore, for the purposes of this 
notice, the Department estimates that there are no capital/startup 
costs.

Total Recordkeeping Burden

    A respondent that has submitted an SVA/ASP may or may not be 
determined by the Department to present a high level of security risk. 
Only respondents that present a high level of security risk have a 
recordkeeping requirement.
    For respondents that ultimately are determined not to present a 
high level of security risk, the Department estimates any CFATS 
recordkeeping burden to be de minimis.
    For respondents that are determined to present a high level of 
security risk, the SVA recordkeeping burden is accounted for within the 
recordkeeping burden estimate for the ``Site Security Plan (SSP) and 
Alternative Security Program (ASP) submitted in lieu of the Site 
Security Plan,'' discussed later in this notice. The recordkeeping 
burden estimate for the ``Site Security Plan (SSP) and Alternative 
Security Program (ASP) submitted in lieu of the Site Security Plan'' 
accounts for all records respondents are required to maintain under 
CFATS because the Department assumes that respondents maintain their 
Top-Screen records and any other required records in the same manners, 
formats, and locations as they maintain their SSP/ASP records.

Total Annual Burden Cost

    The 2007 CFATS Regulatory Evaluation assumes that Site Security 
Officers will be responsible for submitting SVA/ASPs. For the purpose 
of this notice, the Department maintains this assumption.
    The total annual burden cost for the SVA/ASP is $58,584.57 [865.10 
total annual burden hours x $67.72 (average hourly wage rate for Site 
Security Officers)]. The rounded estimate is $58,600.

The Department's Methodology in Estimating the Burden for Site Security 
Plan (SSP) & Alternative Security Program (ASP) Submitted in Lieu of 
the Site Security Plan

Number of Respondents

    The current information collection estimated that 486 respondents 
would complete an SSP/ASP annually during CY 2012-2014 that had not 
previously submitted an SSP/ASP. In actuality, during CY2012-2014, 
there were 336 respondents that submitted an SSP/ASP

[[Page 72090]]

for the first time.\12\ This information is displayed in Table 5 below:
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    \12\ Between 2012 and 2014, the Department made substantial 
progress in addressing the number of SSP/ASPs received prior to 2012 
from covered chemical facilities. The Department received 2,721 SVA/
ASPs during CY2012 through CY2014 (i.e., 103 revised SSP/ASP in 
2012, 1,026 revised SSP/ASPs in 2013, and 1,592 SSP/ASPs in 2014). 
The Department accounts for the cost of resubmitted SVA/ASPs in the 
next section titled, ``Estimated Time Per Respondent.''

                                          Table 5--SSP/ASP Respondents
                                            [Estimated versus actual]
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                                                  Year 1 CY 2012  Year 2 CY 2013  Year 3 CY 2014       Total
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Estimated number of SSP/ASP respondents in the               486             486             486           1,458
 current information collection.................
Actual Number of Respondents....................               0             118             218             336
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    The Department expects to revise both the SVA/ASP and the SSP/ASP 
with this information collection. One of the expected outcomes of 
revisions is that potentially 100 percent of respondents to the SVA/ASP 
will be a respondent of the SSP/ASP, due to the improved tiering 
methodology that will be implemented by the Department using data 
collected through the Top-Screen instrument. The Department anticipates 
both greater accuracy in the initial tiering determination and also 
substantially greater confidence in the tiering result. Hence, while 
the Department reserves the right and ability to conduct a second 
tiering as described in 6 CFR 27.220, the Department anticipates 
relying on the results of initial tiering determination for the second 
tiering unless the Department identifies a reason for not doing so on a 
case by case basis. An important benefit of this approach is that the 
lengthy tiering process will be streamlined for the majority of 
respondents that previously would have been required to complete a 
second survey in order to receive a final determination of not high 
risk. These facilities would have to only complete the Top-Screen to 
get to the same determination. For the purpose of estimating the number 
of respondents that will complete an SSP/ASP in this notice, the 
Department will make it equal to the number of SVA/ASP respondents, 211 
respondents, because all SVA/ASP respondents will be expected to 
subsequently complete the SSP/ASP.
    The Department considered modifying the number of SSP/ASP 
respondents to account for submissions of SSPs due to requirements of 
Section 2102 of the Homeland Security Act of 2002, which among other 
actions, modifies CFATS by adding a new process by which a respondent, 
assigned to (risk-based) Tier 3 or Tier 4 by the Department, can meet 
its regulatory requirement to draft and implement a Site Security Plan 
through a new process called the ``Expedited Approval Program.'' The 
Department ultimately has not has opted to not adjust the number of 
respondents because: (1) Most Tier 3 and Tier 4 facilities have 
approved SSPs; and (2) to date the Department has received few 
notifications from Tier 3 and Tier 4 facilities indicating that they 
plan to use the Expedited Approval Program.

Estimated Time per Respondent

    The current information collection estimated the time per 
respondent for preparing and submitting a SSP/ASP to be 225 hours. This 
estimate assumed that the majority of the burden associated with the 
SSPs/ASPs is outside of the Department's ability to quantitatively 
measure. However, by using the data during CY 2012-2014, the Department 
was able to measure the duration a respondent was logged into the SSP/
ASP application. The Department determined that 95 percent of 
respondents who submitted SSPs were logged into the CSAT SSP/ASP 
application for no more than 12.5 hours.
    As mentioned earlier in this notice, the Department expects to 
revise the SSP/ASP when this information collection is approved. The 
Department expects that as a result of the revised SSP/ASP respondents 
will spend 70 percent less time logged into the SSP/ASP application 
because the SSP/ASP will (1) have duplicative and unnecessary questions 
removed that exist in the SVA/ASP (e.g., questions related to asset 
identification in the SSP) and import relevant answers from the SVA/
ASP, and (2) reorganize the SSP/ASP questions in a streamlined process 
based upon the Department's experience with respondents over the past 
several years. The reorganization of SSP/ASP questions will allow the 
Department to also remove repetitive questions
    In response to previous comments provided by stakeholders in the 
last round of public comments on this Information Collection, the 
Department estimates that for every hour a respondent is logged into 
the CSAT SSA/ASP application, it spends an average of four hours in 
preparation. Therefore, for the purpose of this notice, the 
Department's estimated time per respondent to submit an SSP/ASP is 
18.75 hours. [(12.5 hours x 0.3) + ((12.5 hours x 0.3) x 4 hours)].\13\ 
The rounded estimate is 18.75 hours.
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    \13\ The numerical value of 0.3 is used to reflect that 70% 
reduction of time a respondent is expected to be logged into the 
CSAT SSP/ASP.
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    As mentioned earlier in this notice, there was a higher than 
expected resubmission of SSP/ASPs. In fact during CY 2012-2014, there 
were 2,721 SSP/ASPs resubmitted. The vast majority of the resubmissions 
were submitted by respondents who has submitted an initial SSP/ASP 
prior to CY 2012. To account for the increased resubmission of SSP/ASPs 
by respondents, the Department estimates that each respondent will 
submit an additional SSP/ASP.\14\
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    \14\ The Department analyzed the amount of time a respondent was 
logged into CSAT when submitting an initial SSP/ASP versus an 
additional SSP/SVP and determined that additional SVA/ASPs took 14% 
less time on average than initial SSP/ASPs. The Department, for the 
purposes of this notice, opted not to break out the initial and 
subsequent SSP/ASPs to analyze the minimal burden difference.
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    The Department also collects supporting documentation from 
approximately half of the respondents. Based upon the Department's day-
to-day informal discussions with respondents, the Department believes 
that a reasonable burden for the gathering and provision of supporting 
documentation is 0.25 hours per respondent.

Annual Burden Hours

    The annual burden hours for SSP/ASP submission is 7,912.50 hours 
[18.75 hours x 211 SSP/ASP

[[Page 72091]]

respondents x 2 response per respondent].
    The annual burden hours for obtaining supporting documentation is 
26.3750 hours [0.25 hours x (0.5 x 211 SSP/ASP respondents) x (one 
response per respondent)].
    Therefore, the Department estimates that the total annual burden 
hours for SSP/ASP submission is 7,938.8750 hours [7,912.50 hours + 
26.3750 hours]. The rounded estimate is 8,000 hours.

Total Burden Cost (Capital/Startup)

    The Department provides access to CSAT free of charge, and the 
Department assumes each respondent already has access to the internet 
for basic business needs. Therefore, for the purposes of this notice, 
the Department estimates that there are no capital/startup costs.

Total Recordkeeping Burden

    The recordkeeping burden estimate for the ``Site Security Plan 
(SSP) and Alternative Security Program (ASP) submitted in lieu of the 
Site Security Plan'' accounts for the recordkeeping burden high-risk 
chemical facilities are required to maintain under CFATS, including SSP 
and ASP records because the Department assumes that respondents 
maintain their records and any other required records in the same 
manners, formats, and locations as they maintain their SSP/ASP records. 
Therefore, the Department believes it is reasonable to estimate the 
recordkeeping burden for all respondents under the recordkeeping burden 
for the ``Site Security Plan (SSP) and Alternative Security Program 
(ASP) submitted in lieu of the Site Security Plan.''
    Records maintained under CFATS, including SSP/ASP records and other 
records listed at 6 CFR 27.255, may be kept in electronic or paper 
formats as long as they are reasonably protected. For the purpose of 
this notice, the Department assumes that all respondents will purchase 
a locked filing cabinet to maintain records at a cost of $350 each. In 
addition, respondents that use paper records will also incur the cost 
of additional paper and printer ink/toner. The Department assumes an 
additional box of paper ($50) and additional printer ink/toner supplies 
($200). Thus, the physical cost related to record keeping for each SSP/
ASP respondent is $600 (i.e., $350 for the filing cabinet plus $250 for 
paper and toner) for the first year and $250 per year for the second 
and third year. Thus, the annual average cost, for physical costs 
related to paper-based recordkeeping, is $367 per SSP/ASP.

                                                    Table 6--SSP/ASP Paper-Based Recordkeeping Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                     Locked filing    Paper and ink/
                                      cabinet cost      toner Cost      Year 1 cost      Year 2 cost      Year 3 cost          Average annual cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
SSP/ASP...........................            $350             $250             $600             $250             $250   $367 (rounded).
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The Department assumes that clerical staff will spend 48 hours per 
year (four hours per month) maintaining records, such as filing, 
binding, etc. For the purpose of this notice the Department used the 
wage rate of $37.51 per hour.\15\ Thus, the Department estimates the 
labor related to paper-based recordkeeping burden is $1,800.48 per SSP/
ASP [48 hours x $37.51].
---------------------------------------------------------------------------

    \15\ The average hourly wage rate was based on an average hourly 
wage rate of $26.15 with a benefits multiplier of 1.43. The $37.51 
rate was based on 2014 dollars using the Consumer Price Index (CPI). 
U.S. Department of Labor, Bureau of Labor Statistics; ``Table 24. 
Historical Consumer Price Index for All Urban Consumers (CPI-U): 
U.S. city average, all;'' Annual Average; July 2015. Available at: 
http://www.bls.gov/cpi/tables.htm, last accessed on September 9, 
2015.
---------------------------------------------------------------------------

    Alternatively, although it is not required, businesses may keep 
their records electronically. Under this scenario, the Department 
maintains its assumption that a small number of respondents (i.e., 5 
percent) will purchase a computer loaded with basic spreadsheet 
software. For the purpose of this notice, the Department assumes that 5 
percent of respondents will purchase a computer and printer to maintain 
records at a total cost of $1,000. Thus, the annual average cost for 
physical costs related to electronic-based recordkeeping is $333 
(rounded) per SSP/ASP.
    The Department assumes that there will be a larger time commitment 
for updating records and inputting data into a spreadsheet. Hence, the 
Department maintains its estimate of six hours per month to maintain 
electronic records. Thus, the Department estimates the labor related to 
electronic-based recordkeeping burden is $2,700.72 [72 hours x $37.51 
(average hourly wage rate for clerical staff)].
    Therefore, for the purposes of this notice, the Department 
estimates that the annual recordkeeping burden is $438,744.116 [($367 + 
$1,800.48) x (0.95 x 211 SSP/ASP respondents) + [($333 + $2,700.72) x 
(0.05 x 211 SSP/ASP respondents)]. The rounded estimate is $438,800.

Total Annual Burden Cost

    The total annual burden cost for the SSP/ASP is $976,364.731 
[7,938.8750 hours multiplied by $67.72 (average hourly wage rate for 
Site Security Officers) + $438,744.116 (total annual recordkeeping 
burden)]. The rounded estimate is $976,400.

The Department's Methodology in Estimating the Burden for the Helpdesk

Number of Respondents

    The Department evaluated the historical data to determine if the 
current information collection estimate of 15,000 respondents continued 
to be an appropriate estimate for Helpdesk. During CY 2012-2014, the 
Helpdesk accepted 30,452 calls and 12,246 emails.

                                                              Table 7--Helpdesk Respondents
                                                                [Estimated versus actual]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              Year 1  CY      Year 2  CY      Year 3  CY
                                                 2012            2013            2014            Total                     Average annual
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated number of Respondents in current          15,000          15,000          15,000          45,000  15,000.
 information collection.

[[Page 72092]]

 
Actual number of Respondents (phone calls            9,530          15,802          17,366          42,698  14,233 (rounded).
 and e-mails).
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The actual average annual number of respondents for this time 
period was 14,233 respondents (calls and emails). The Department will 
maintain the estimated number of respondents of 15,000, based on actual 
historical data.

Estimated Time per Respondent

    The Department evaluated the historical data to determine if the 
estimated time per respondent of 0.17 hours (10 minutes) continued to 
be an appropriate estimate. During CY 2012-2014, the actual average 
Helpdesk call averaged less than eight minutes.

                                      Table 8--Helpdesk Call Time Averages
----------------------------------------------------------------------------------------------------------------
                                                               Year 1  CY 2012  Year 2  CY 2013  Year 3  CY 2014
----------------------------------------------------------------------------------------------------------------
Actual Average Call Time (minutes)...........................            7:38             8:09             7:15
----------------------------------------------------------------------------------------------------------------

    The Department does not have any information about the average 
amount of time it took respondents to type and send the 12,246 emails 
during CY 2012-2014.
    Therefore, for the purpose of this notice, the Department has 
maintained the estimated time per respondent of 0.17 hours.

Annual Burden Hours

    The annual burden hours for the Helpdesk will be 2,550 hours [0.17 
hours x 15,000 respondents].

Total Burden Cost (Capital/Startup)

    Contacting the CFATS Helpdesk is free, and the Department assumes 
that each respondent already has a phone and/or access to the internet 
for basic business needs. Therefore, for the purposes of this notice, 
the Department estimates that there are no capital/startup costs.

Total Recordkeeping Burden

    There is no recordkeeping burden when contacting the CSAT Helpdesk.

Total Annual Burden Cost

    The total burden for the Helpdesk is $172,686 [2,550 annual burden 
hours x $67.72 (average hourly rate for Site Security Officers)]. The 
rounded estimate is $172,700.

The Department's Methodology in Estimating the Burden for the User 
Registration

Number of Respondents

    The current information collection estimated 625 respondents would 
complete the user registration process annually. That estimate is based 
on the assumption that the number of respondents for User Registration 
will be one-fourth of the number of respondents for the Top-Screen. 
During CY 2012-2014, the actual number was 3033 respondents.

                                      Table 9--User Management Respondents
                                            [Estimated versus actual]
----------------------------------------------------------------------------------------------------------------
                                    Year 1  CY      Year 2  CY      Year 3  CY
                                       2012            2013            2014            Total      Average annual
----------------------------------------------------------------------------------------------------------------
Estimated number of Respondents              625             625             625           1,875             625
 in current information
 collection.....................
Actual number of Respondents....             510            1704             819            3033           1,011
----------------------------------------------------------------------------------------------------------------

    The Department expects the actual number of respondents to 
fluctuate. However, for the purposes of this notice the Department 
estimates the number of respondents is 1000 annually.

Estimated Time per Respondent

    In the current information collection, the estimated time per 
respondent is two hours. The Department will maintain the assumption 
that two hours is an adequate amount of time for the respondent to (1) 
complete the online CSAT User Registration process, and subsequently 
(2) collect and submit the necessary signatures on the user access 
agreement.

Annual Burden Hours

    The annual burden estimate for User Registration is 2,000 hours [2 
hours x 1000 respondents].

Total Burden Cost (Capital/Startup)

    The Department assumes that each respondent already has a fax 
capability and access to the internet for basic business needs. 
However, the Department expects to be revising the CSAT User Management 
application to reduce the burden on respondents and improve the 
functionality of the CSAT User Management application. The Department 
expects that there will be a one-time burden for all existing CSAT 
Users when the CSAT User Management application is updated. The 
Department expects the one-time burden to be 0.17 hours (10 minutes) 
per CSAT user. As of September 2015, there were 24,630 active CSAT 
accounts; therefore, the Department estimates that there will be a 
capital/startup cost of $283,550.4120 [24,630 Active CSAT users x 0.17 
hours x $67.72 (average hourly rate for Site

[[Page 72093]]

Security Officers)]. The rounded estimate is $283,600.

Total Recordkeeping Burden

    There is no recordkeeping burden for submitting a User Registration 
application.

Total Annual Burden Cost

    The total burden for User Registration is $418,990.4120 [2,000 
annual burden hours x $62.72 (average hourly rate for Site Security 
Officers) + $283,550.4120 (Capital/Startup Burden Cost)]. The rounded 
estimate is $419,000.

The Department's Methodology in Estimating the Burden for 
Identification of Additional Facilities and Assets At Risk

Number of Respondents

    The Department may collect information from each respondent of a 
SSP/ASP under this instrument. Respondents are not required to provide 
this information to the Department for purposes of complying with any 
portion of CFATS. The Department estimates the number of respondents to 
this instrument will be equal to the number of respondents to the SSP/
ASP, or 211 respondents.

Estimated Time per Respondent

    This instrument will request information from covered chemical 
facilities about their chemical of interest supply and distribution 
chain or other information about their business operations to allow the 
Department to potentially identify either potential chemical facilities 
of interest or potential assets at risk at the covered chemical 
facility. Participation in this collection will be voluntary and 
respondents will not be required to provide this information to the 
Department for purposes of complying with any portion of CFATS. The 
Department expects the estimated time per respondent is 0.17 hours (10 
minutes).

Annual Burden Hours

    The annual burden estimate is 35.87 hours [0.17 hours x 211 
respondents]. The rounded estimate is 40 hours.

Total Burden Cost (Capital/Startup)

    The Department expects a one-time burden for covered chemical 
facilities with an approved SSP/ASP. There are approximately 3000 
covered chemical facilities regulated under CFATS.\16\ Therefore, the 
Department estimates that there will be a one-time capital/startup cost 
of $34,537.20 [3000 covered chemical facilities x 0.17 hours x $67.72 
(average hourly wage rate for Site Security Officers)]. The rounded 
estimate is $34,600.
---------------------------------------------------------------------------

    \16\ The number of covered chemical facilities fluctuates. For 
the purposes of this notice 3,000 represents a reasonable estimate 
to estimate the burden this instrument could impose.
---------------------------------------------------------------------------

Total Recordkeeping Burden

    There is no recordkeeping burden for this instrument.

Total Annual Burden Cost

    The total burden for the identification of additional potential 
chemical facilities of interest and assets at risk is $36,966.3164 
[35.87 annual burden hours x $67.72 (average hourly rate for Site 
Security Officers) + $34,537.20 (Capital/Startup Burden Cost)]. The 
rounded estimate is $37,000.
    OMB is particularly interested in comments that:
    1. Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    2. Evaluate the accuracy of the agency's estimate of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used;
    3. Enhance the quality, utility, and clarity of the information to 
be collected; and
    4. Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology (e.g., permitting electronic 
submissions of responses).
    Analysis:
    Agency: Department of Homeland Security, National Protection and 
Programs Directorate, Office of Infrastructure Protection, 
Infrastructure Security Compliance Division.
    Title: Chemical Security Assessment Tool.
    OMB Number: 1670-0007.
    Instrument: CSAT Top-Screen.
    Frequency: ``On occasion'' and ``Other.''
    Affected Public: Business or other for-profit.
    Number of Respondents: 1,000 respondents (estimate).
    Estimated Time per Respondent: 6.00 hours.
    Total Burden Hours: 9,200 hours.
    Total Burden Cost (capital/startup): $15,005,400.
    Total Recordkeeping Burden: $0.
    Total Burden Cost: $15,623,400.

    Instrument: Security Vulnerability Assessment and Alternative 
Security Program submitted in lieu of the Security Vulnerability 
Assessment.
    Frequency: ``On occasion'' and ``Other.''
    Affected Public: Business or other for-profit.
    Number of Respondents: 211 respondents.
    Estimated Time per Respondent: 2.65 hours.
    Total Burden Hours: 900 hours.
    Total Burden Cost (capital/startup): $0.
    Total Recordkeeping Burden: $0.
    Total Burden Cost: $58,600.

    Instrument: Site Security Plan and Alternative Security Program 
submitted in lieu of the Site Security Plan.
    Frequency: ``On occasion'' and ``Other.''
    Affected Public: Business or other for-profit.
    Number of Respondents: 211 respondents.
    Estimated Time per Respondent: 18.75 hours.
    Total Burden Hours: 8,000 hours.
    Total Burden Cost (capital/startup): $0.
    Total Recordkeeping Burden: $438,800.
    Total Burden Cost: $976,400.

    Instrument: CFATS Helpdesk.
    Frequency: ``On occasion'' and ``Other.''
    Affected Public: Business or other for-profit.
    Number of Respondents: 15,000 respondents.
    Estimated Time per Respondent: 0.17 hours.
    Total Burden Hours: 2,550 annual burden hours.
    Total Burden Cost (capital/startup): $0.
    Total Recordkeeping Burden: $0.
    Total Burden Cost: $172,700.

    Instrument: CSAT User Registration.
    Frequency: ``On occasion'' and ``Other.''
    Affected Public: Business or other for-profit.
    Number of Respondents: 1000 respondents.
    Estimated Time per Respondent: 2 hours.
    Total Burden Hours: 2,000 hours.
    Total Burden Cost (capital/startup): $283,600.
    Total Recordkeeping Burden: $0.
    Total Burden Cost: $419,000.

    Instrument: Identification of Facilities and Assets At Risk.
    Frequency: ``On occasion'' and ``Other.''
    Affected Public: Business or other for-profit.
    Number of Respondents: 211 respondents.

[[Page 72094]]

    Estimated Time per Respondent: 0.17 hours.
    Total Burden Hours: 40 hours.
    Total Burden Cost (capital/startup): $34,600.
    Total Recordkeeping Burden: $0.
    Total Burden Cost: $37,000.

    Dated: October 30, 2015.
Scott Libby,
Deputy Chief Information Officer, National Protection and Programs 
Directorate, Department of Homeland Security.
[FR Doc. 2015-29457 Filed 11-17-15; 8:45 am]
 BILLING CODE 9110-9P-P



                                                    72086                    Federal Register / Vol. 80, No. 222 / Wednesday, November 18, 2015 / Notices

                                                    comments should register on the Public                  DEPARTMENT OF HOMELAND                                accordance with applicable
                                                    Comment Registration list available at                  SECURITY                                              requirements and submitted by mail to
                                                    the meeting location no later than 15                                                                         the DHS/NPPD/IP/ISCD CFATS
                                                                                                            [Docket No. DHS–2015–0058]
                                                    minutes prior to the beginning of the                                                                         Program Manager at the Department of
                                                    meeting.                                                Chemical Security Assessment Tool                     Homeland Security, 245 Murray Lane
                                                                                                            (CSAT)                                                SW., Mail Stop 0610, Arlington, VA
                                                    FOR FURTHER INFORMATION CONTACT:                                                                              20528–0610. Comments must be
                                                    Ginger Norris, National Infrastructure                  AGENCY:  National Protection and                      identified by docket number DHS–
                                                    Advisory Council, Alternate Designated                  Programs Directorate, DHS.                            2015–0058.
                                                    Federal Officer, Department of                          ACTION: 60-Day notice and request for
                                                    Homeland Security, (703) 235–2888.                      comments; Revision of Information                     SUPPLEMENTARY INFORMATION:        Section
                                                                                                            Collection Request: 1670–0007.                        550 of the Homeland Security
                                                    SUPPLEMENTARY INFORMATION:       Notice of                                                                    Appropriations Act of 2007, Public Law
                                                    this meeting is given under the Federal                 SUMMARY:   The Department of Homeland                 109–295 (2006), provided the
                                                    Advisory Committee Act, 5 U.S.C.                        Security (DHS or the Department),                     Department with the authority to
                                                    Appendix. The National Infrastructure                   National Protection and Programs                      regulate the security of high-risk
                                                    Advisory Council shall provide the                      Directorate (NPPD), Office of                         chemical facilities. On April 9, 2007, the
                                                    President, through the Secretary of                     Infrastructure Protection (IP),                       Department issued an Interim Final
                                                    Homeland Security, with advice on the                   Infrastructure Security Compliance                    Rule (IFR), implementing this statutory
                                                    security and resilience of the Nation’s                 Division (ISCD), will submit the
                                                                                                                                                                  mandate at 72 FR 17688. In December
                                                    critical infrastructure sectors.                        following Information Collection
                                                                                                                                                                  2014, the President signed into law the
                                                                                                            Request to the Office of Management
                                                      The NIAC will meet to discuss issues                                                                        Protecting and Securing Chemical
                                                                                                            and Budget (OMB) for review and
                                                    relevant to critical infrastructure                                                                           Facilities from Terrorist Attacks Act of
                                                                                                            clearance in accordance with the
                                                    security and resilience as directed by                                                                        2014 (the CFATS Act of 2014), Public
                                                                                                            Paperwork Reduction Act of 1995 (Pub.
                                                    the President.                                          L. 104–13, 44 U.S.C. Chapter 35).                     Law 113–254, which authorized the
                                                      The meeting will commence at 12:30                                                                          Chemical Facility Anti-Terrorism
                                                                                                            DATES: Comments are encouraged and
                                                    p.m. EST. At this meeting, the council                                                                        Standards program in the Homeland
                                                                                                            will be accepted until January 19, 2016.
                                                    will receive a presentation on Water                                                                          Security Act of 2002, as amended,
                                                                                                            This process is conducted in accordance
                                                    Resilience and Applying Lessons                         with 5 CFR 1320.8.                                    Public Law 107–296.4
                                                    Learned From Post Event Recovery. The                   ADDRESSES: Interested persons are                       The CFATS regulations (available at 6
                                                    council will also receive updates on the                invited to submit comments on the                     CFR part 27) govern the security at
                                                    status of the Water Resilience Working                  proposed information collection                       covered chemical facilities that have
                                                    Group and past NIAC                                     through the Federal eRulemaking Portal                been determined by the Department to
                                                    Recommendations. The Council will                       at http://www.regulations.gov. All                    be at high risk for terrorist attack. See 6
                                                    discuss and deliberate the CEO report                   submissions received must include the                 CFR part 27. CFATS represents a
                                                    recommendations clarification. All                      words ‘‘Department of Homeland                        national-level effort to minimize
                                                    presentations will be posted no later                   Security’’ and the docket number DHS–                 terrorism risk to such facilities. Its
                                                    than one week prior to the meeting on                   2015–0058. Except as provided below,                  design and implementation balance
                                                    the Council’s public Web page—                          comments received will be posted                      maintaining economic vitality with
                                                    www.dhs.gov/NIAC.                                       without alteration at http://                         securing facilities and their surrounding
                                                                                                            www.regulations.gov, including any                    communities. The regulations were
                                                    Public Meeting Agenda                                   personal information provided.                        designed, in collaboration with the
                                                                                                               Comments that include trade secrets,               private sector and other stakeholders, to
                                                    I. Opening of Meeting
                                                                                                            confidential commercial or financial                  take advantage of protective measures
                                                    II. Roll Call of Members                                information, Chemical-terrorism                       already in place and to allow facilities
                                                    III. Opening Remarks and Introductions                  Vulnerability Information (CVI),1                     to employ a wide range of tailored
                                                    IV. Approval of Meeting Minutes                         Sensitive Security Information (SSI),2 or             measures to satisfy the regulations’ Risk-
                                                                                                            Protected Critical Infrastructure                     Based Performance Standards (RBPS).
                                                    V. Status of Past NIAC                                  Information (PCII) 3 should not be
                                                          Recommendations                                   submitted to the public regulatory                      The Department collects the core
                                                                                                            docket. Please submit such comments                   regulatory data necessary to implement
                                                    VI. Water Resilience—Applying Lessons
                                                                                                            separately from other comments in                     CFATS through the portions of the
                                                          Learned From Post Event Recovery
                                                                                                            response to this notice. Comments                     Chemical Security Assessment Tool
                                                    VII. Status Update on Water Resilience                                                                        (CSAT) covered under this collection.
                                                                                                            containing trade secrets, confidential
                                                          Working Group                                                                                           For more information about CFATS and
                                                                                                            commercial or financial information,
                                                    VIII. Public Comment                                    CVI, SSI, or PCII should be                           CSAT, you may access www.dhs.gov/
                                                    IX. CEO Report Recommendation                           appropriately marked and packaged in                  chemicalsecurity. The current
                                                          Clarification Discussion                                                                                information collection for CSAT (IC
                                                                                                              1 For more information about CVI see 6 CFR
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    X. Closing Remarks                                      27.400 and the CVI Procedural Manual at http://         4 Section 2 of the CFATS Act of 2014 adds a new

                                                      Dated: November 9, 2015.                              www.dhs.gov/xlibrary/assets/chemsec_cvi_              Title XXI to the Homeland Security Act of 2002.
                                                                                                            proceduresmanual.pdf.                                 Title XXI contains new sections numbered 2101
                                                    Ginger Norris,                                            2 For more information about SSI see 49 CFR part
                                                                                                                                                                  through 2109. Citations to the Homeland Security
                                                    Alternate Designated Federal Officer for the            1520 and the SSI Program Web page at http://          Act of 2002 throughout this document reference
                                                    National Infrastructure Advisory Council.               www.tsa.gov.                                          those sections of Title XXI. In addition to being
                                                                                                              3 For more information about PCII see 6 CFR part    found in amended versions of the Homeland
                                                    [FR Doc. 2015–29372 Filed 11–17–15; 8:45 am]            29 and the PCII Program Web page at http://           Security Act of 2002, those sections of Title XXI can
                                                    BILLING CODE 9110–9P–P                                  www.dhs.gov/protected-critical-infrastructure-        also be found in section 2 of the CFATS Act of
                                                                                                            information-pcii-program.                             2014, or in 6 U.S.C. 621–629.



                                               VerDate Sep<11>2014   18:50 Nov 17, 2015   Jkt 238001   PO 00000   Frm 00047   Fmt 4703   Sfmt 4703   E:\FR\FM\18NON1.SGM   18NON1


                                                                            Federal Register / Vol. 80, No. 222 / Wednesday, November 18, 2015 / Notices                                                     72087

                                                    1670–0007) will expire on April 30,                      submit a Top-Screen annually. That                     were 2,574 respondents (i.e., chemical
                                                    2016.5                                                   estimate, which is taken from the 2007                 facilities of interest) that submitted a
                                                    The Department’s Methodology in                          CFATS Regulatory Assessment,6 was                      Top-Screen for the first time. This
                                                    Estimating the Burden for the Top-                       derived by averaging the estimated                     information is displayed in Table 1
                                                    Screen                                                   number of respondents that would                       below:
                                                                                                             complete a Top-Screen during calendar
                                                    Number of Respondents                                    year (CY) 2012–2014 that had not
                                                      The current information collection                     previously submitted a Top-Screen. In
                                                    estimated that 2,500 respondents would                   actuality, during CY 2012–2014, there

                                                                                                             TABLE 1—TOP-SCREEN RESPONDENTS
                                                                                                                         [Estimated versus actual]

                                                                                                        Year 1            Year 2              Year 3              Total                   Average annual
                                                                                                       CY 2012           CY 2013             CY 2014

                                                    Estimated number of Top-Screen re-                      2,500               2,500                 2,500           7,500    2,500.
                                                      spondents in the current informa-
                                                      tion collection.

                                                         Total Number of Respondents ..                       412               1,434                  728            2,574    858 (rounded).



                                                       Because the annual average of 858                     notice, the Department’s estimated time                Annual Burden Hours
                                                    respondents is less than half of the                     per respondent to submit a Top-Screen                    The annual burden hours for the Top-
                                                    annual number of respondents                             is 6 hours [1.2 hours + (1.2 hours × 4                 Screen is [6 hours × 1,000 respondents
                                                    estimated in the 2007 CFATS                              hours)]. To account for the anticipated                × 1.5 responses per respondent], which
                                                    Regulatory Evaluation for CY 2012–2014                   resubmission by respondents, the                       equals 9,000 hours. The annual burden
                                                    (i.e., 2,500), the Department will revise                Department further estimates that 50                   hours to submit supporting
                                                    the estimated number of respondents for                  percent of the respondents will submit                 documentation is 125 hours [0.25 hours
                                                    this instrument to 1,000 respondents                     two Top-Screens.8                                      × 500 respondents × one response per
                                                    annually.                                                   The Department expects to implement                 respondent].
                                                    Estimated Time per Respondent                            a revised Top-Screen with the approval                   Therefore, the Department estimates
                                                                                                             of this information collection. The                    that the total annual burden hours for
                                                      In the current information collection,                 Department expects that as a result of                 the Top-Screen is 9,125 hours [9,000
                                                    the estimated time per respondent to                     the revised Top-Screen respondents will                hours + 125 hours]. The rounded
                                                    prepare and submit a Top-Screen is                       spend about approximately the same                     estimate is 9,200 hours.
                                                    11.25 hours. This estimate assumed that                  amount of time logged into the CSAT
                                                    the majority of the burden associated                    Top-Screen application as Top-Screen                   Total Burden Cost (Capital/Startup)
                                                    with the Top-Screen was outside of the                   users have, historically. The revised                     The Department provides access to
                                                    Department’s ability to quantitatively                   Top-Screen will: (1) Streamline the                    CSAT free of charge and the Department
                                                    measure. However, by using the data                      entry of information about chemicals of                assumes that each respondent already
                                                    collected during CY 2012–2014, the                       interest (COI) into CSAT; (2) add new                  has access to the internet for basic
                                                    Department was able to measure the                       questions to assist respondents in                     business needs.
                                                    duration a respondent was logged into                    identifying the COI related security                      As mentioned previously in this
                                                    the Top-Screen application. Based upon                   issue(s); (3) include questions currently              notice, the Department expects to revise
                                                    actual historical data, the Department                   asked in the current Security                          the Top-Screen when this information
                                                    determined that 95% percent of                           Vulnerability Assessment (SVA) and                     collection is approved. The revised Top-
                                                    respondents, who submitted Top-                          Alternative Security Program (ASP)                     Screen will enable the Department to
                                                    Screens, were logged into the CSAT                       Instrument; and (4) utilize geospatial                 begin using an improved tiering
                                                    Top-Screen application for no more                       technology to identify area of highest                 methodology that incorporates the
                                                    than 1.2 hours (72 minutes). In response                 quantity.                                              relevant elements of risk, which was
                                                    to previous comments provided by                            The Department also collects                        mandated by Section 2102(e)(2) of the
                                                    stakeholders in the last round of public                 supporting documentation from                          Protecting and Securing Chemical
                                                    comments on this Information                             approximately half of the respondents.                 Facilities from Terrorist Attacks Act of
                                                    Collection, the Department estimates                     Based upon the Department’s day-to-day                 2014 (the CFATS Act of 2014). As a
                                                    that for every hour a respondent is                      informal discussions with respondents,                 result of the development of the new
                                                    logged into the CSAT Top-Screen                          the Department believes that a                         tiering methodology, the Department is
                                                    application, the respondent spends an                    reasonable burden for the gathering and                considering requesting chemical
                                                    average of four hours in preparation.7                   provision of supporting documentation                  facilities of interest that have chemical
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    Therefore, for the purposes of this                      is 0.25 hours.                                         holdings at or above the screening
                                                      5 The current information collection for CSAT            7 The comments and the Department’s response         Screen and determined that while there was a slight
                                                    may be found at http://www.reginfo.gov/public/do/        are described in the 30-day notice the Department      difference in the burden per response (i.e.,
                                                    PRAViewICR?ref_nbr=201303-1670-001                       published for this Information Collection in March     Additional Top-Screens took on average 15% less
                                                      6 See Section 3 and Table 6 of the 2007 CFATS          of 2013 (http://www.reginfo.gov/public/do/             time). The Department, for the purposes of this
                                                                                                             PRAViewICR?ref_nbr=201303-1670-001)
                                                    Regulatory Assessment, http://                             8 The Department analyzed the amount of time a
                                                                                                                                                                    notice, opted not to break out the initial and
                                                    www.regulations.gov/#!documentDetail;D=DHS-                                                                     subsequent Top-Screens to analyze the minimal
                                                                                                             respondent was logged into CSAT when submitting
                                                    2006-0073-0116.                                          an initial Top-Screen versus an additional Top-        burden difference.




                                               VerDate Sep<11>2014   18:50 Nov 17, 2015   Jkt 238001    PO 00000   Frm 00048   Fmt 4703   Sfmt 4703   E:\FR\FM\18NON1.SGM   18NON1


                                                    72088                             Federal Register / Vol. 80, No. 222 / Wednesday, November 18, 2015 / Notices

                                                    threshold quantities on Appendix A of                                      Plan (SSP) and Alternative Security                             $15,005,397.60]. The rounded estimate
                                                    CFATS to complete the Top-Screen,                                          Program (ASP) submitted in lieu of the                          is $15,623,400.
                                                    even if the facility has previously                                        Site Security Plan,’’ discussed later in
                                                    completed a Top-Screen and been                                            this notice. The recordkeeping burden                           The Department’s Methodology in
                                                    determined not to be high-risk. Between                                    estimate for the ‘‘Site Security Plan                           Estimating the Burden for the Security
                                                    the effective date of CFATS in June 2007                                   (SSP) and Alternative Security Program                          Vulnerability Assessment (SVA) &
                                                    and December 2014, the Department has                                      (ASP) submitted in lieu of the Site                             Alternative Security Program (ASP)
                                                    received Top-Screens from                                                  Security Plan’’ accounts for all records                        Submitted in Lieu of the Security
                                                    approximately 36,930 unique facilities.                                    respondents are required to maintain                            Vulnerability Assessment
                                                    Therefore the Department estimates that                                    under CFATS because the Department                              Number of Respondents
                                                    there will be a one-time capital/startup                                   assumes that respondents maintain their
                                                    cost of $15,005,397.60 [36,930 facilities                                  Top-Screen records and any other                                  The current information collection
                                                    × 6 hours × $67.72 (average hourly wage                                    required records in the same manners,                           estimated that 740 respondents would
                                                    rate for Site Security Officers)]. The                                     formats, and locations as they maintain                         complete an SVA/ASP annually during
                                                    rounded estimate is $15,005,400.                                           their SSP/ASP records.                                          CY 2012–2014 that had not previously
                                                    Total Recordkeeping Burden                                                 Total Annual Burden Cost                                        submitted an SVA/ASP. The number of
                                                                                                                                                                                               respondents was derived by a two-step
                                                      A respondent that has submitted a
                                                                                                                                 The 2007 CFATS Regulatory                                     process. The first step estimated the
                                                    Top-Screen may or may not be
                                                                                                                               Evaluation assumes that Site Security                           expected number of SVAs/ASPs by
                                                    determined by the Department to
                                                                                                                               Officers are responsible for submitting                         multiplying the estimated number of
                                                    present a high level of security risk.
                                                                                                                               Top-Screens. For the purpose of this                            Top-Screens in each CY by the
                                                    Only respondents that present a high
                                                                                                                               notice, the Department maintains this                           percentage of Top-Screens that resulted
                                                    level of security risk are required to
                                                                                                                               assumption.                                                     in a determination by the Department
                                                    keep records mandated by CFATS.
                                                      For respondents that ultimately are                                        Therefore, to estimate the total annual                       that an SVA or ASP in lieu of an SVA
                                                    determined not to present a high level                                     burden, the Department multiplied the                           must be submitted by a respondent (i.e.,
                                                    of security risk, the Department                                           annual burden of 9,125 hours by the                             a covered chemical facility). When the
                                                    estimates any CFATS recordkeeping                                          average hourly wage rate of Site                                current information collection was
                                                    burden to be de minimis.                                                   Security Officers of $67.72 per hour 9                          approved in September of 2014, that
                                                      For respondents that are determined                                      and then added the one-time startup                             rate was 29.6 percent. The estimated
                                                    to present a high level of security risk,                                  cost. Therefore, the total annual burden                        number of SVAs or ASPs in lieu of
                                                    the Top-Screen recordkeeping burden is                                     cost for the Top-Screen instrument is                           SVAs that must be submitted by
                                                    accounted for within the recordkeeping                                     $15,623,342.60 [9,125 total annual                              respondents was then averaged. See the
                                                    burden estimate for the ‘‘Site Security                                    burden hours x $67.72 per hour +                                table below for estimates.

                                                             TABLE 2—SVA/ASP RESPONDENT ESTIMATES IN CURRENT INFORMATION COLLECTION BASED ON TOP-SCREEN
                                                                                                   RESPONDENTS
                                                                                                                                                       Year 1                 Year 2            Year 3                                Average
                                                                                                                                                                                                                     Total
                                                                                                                                                      CY 2012                CY 2013           CY 2014                                 annual

                                                    Estimated number of Top-Screen Respondents in the cur-
                                                      rent information collection ................................................                              2,500                2,500              2,500             7,500              2,500
                                                    Estimated number of SVA/ASP Respondents in the cur-
                                                      rent information collection ................................................                                 740                740                740              2,220                 740



                                                      In actuality, during CY2012–2014,                                        chemical facilities of interest) that                           time. This information is displayed in
                                                    there were 633 respondents (i.e.,                                          submitted an SVA/ASP for the first                              Table 3 below:

                                                                                                                                  TABLE 3—SVA/ASP RESPONDENTS
                                                                                                                                                [Estimated versus actual]

                                                                                                                                                                              Year 1            Year 2             Year 3               Total
                                                                                                                                                                             CY 2012           CY 2013            CY 2014

                                                    Estimated number of SVA/ASP respondents in the current information col-
                                                      lection ...........................................................................................................             740                740                 740             2,220
                                                    Actual Number of Respondents ......................................................................                               136                315                 182               633



                                                      The Department is satisfied that the                                     in a determination by the Department                            2014 revealed that the percentage of
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                                                    methodology to estimate the number of                                      that an SVA or ASP in lieu of an SVA                            Top-Screens that subsequently resulted
                                                    respondents is reasonable because the                                      was relatively stable. Historical data                          in a determination that an SVA or ASP
                                                    percentage of Top-Screens that resulted                                    from the Department during CY 2012–                             in lieu of an SVA must be submitted by

                                                      9 The average hourly wage rate was based on an                           U.S. Department of Labor, Bureau of Labor                       at: http://www.bls.gov/cpi/tables.htm, last accessed
                                                    average hourly wage rate of $47.21 with a benefits                         Statistics; ‘‘Table 24. Historical Consumer Price               on September 9, 2015.
                                                    multiplier of 1.43. The $47.21 rate was based on                           Index for All Urban Consumers (CPI–U): U. S. city
                                                    2014 dollars using the Consumer Price Index (CPI).                         average, all;’’ Annual Average; July 2015. Available



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                                                                             Federal Register / Vol. 80, No. 222 / Wednesday, November 18, 2015 / Notices                                            72089

                                                    a respondent was 21.1 percent. This is                    lieu of SVAs that must be submitted by                SVA/ASP respondents is 211 [1,000
                                                    a small change from the previous                          respondents was determined by CY and                  Top-Screen Respondents x 0.211]. The
                                                    percentage of 29.6 percent. The                           then averaged. Therefore, for the                     Department opted to not round the
                                                    estimated number of SVAs or ASPs in                       purposes of this notice, the number of                estimate. See table below.

                                                                TABLE 4—SVA/ASP RESPONDENTS ESTIMATES IN THIS NOTICE BASED ON TOP-SCREEN RESPONDENTS
                                                                                                                                 Year 1            Year 2            Year 3                        Average
                                                                                                                                                                                       Total
                                                                                                                                CY 2012           CY 2013           CY 2014                         annual

                                                    Estimated number of Top-Screen responses in this notice                           1,000               1,000              1,000         3,000        1,000
                                                    Estimated number of SVA/ASP responses in this notice ....                           211                 211                211           633          211



                                                    Estimated Time per Respondent                             rate have been addressed and will not                 level of security risk have a
                                                       The current information collection                     be repeated. Therefore, the Department                recordkeeping requirement.
                                                    estimated the time per respondent for                     anticipates that only 50 percent of the                 For respondents that ultimately are
                                                                                                              respondents will submit two SVA/                      determined not to present a high level
                                                    preparing and submitting an SVA/ASP
                                                                                                              ASPs.11                                               of security risk, the Department
                                                    to be 65 hours. This estimate assumed
                                                                                                                 The Department also collects                       estimates any CFATS recordkeeping
                                                    that the majority of the burden
                                                                                                              supporting documentation from                         burden to be de minimis.
                                                    associated with the SVAs/ASPs was                                                                                 For respondents that are determined
                                                    outside of the Department’s ability to                    approximately half of the respondents.
                                                                                                              Based upon the Department’s day-to-day                to present a high level of security risk,
                                                    quantitatively measure. However, by                                                                             the SVA recordkeeping burden is
                                                    using the data collected during CY                        informal discussions with respondents,
                                                                                                              the Department believes that a                        accounted for within the recordkeeping
                                                    2012–2014, the Department was able to                                                                           burden estimate for the ‘‘Site Security
                                                    measure the duration a respondent was                     reasonable burden for gathering and
                                                                                                              provision of supporting documentation                 Plan (SSP) and Alternative Security
                                                    logged into the SVA/ASP application.                                                                            Program (ASP) submitted in lieu of the
                                                    Based upon actual historical data, the                    is 0.25 hours per respondent.
                                                                                                                                                                    Site Security Plan,’’ discussed later in
                                                    Department determined that 95 percent                     Annual Burden Hours                                   this notice. The recordkeeping burden
                                                    of respondents who submitted SVAs                                                                               estimate for the ‘‘Site Security Plan
                                                    were logged into the CSAT SVA/ASP                           The annual burden hours for an SVA/
                                                                                                              ASP is 838.725 hours [211 respondents                 (SSP) and Alternative Security Program
                                                    application for no more than 5.3 hours.                                                                         (ASP) submitted in lieu of the Site
                                                       The Department expects to implement                    × 2.65 hours × 1.5 responses per
                                                                                                              respondent].                                          Security Plan’’ accounts for all records
                                                    a revised SVA/ASP with the approval of
                                                                                                                The annual burden estimate to obtain                respondents are required to maintain
                                                    this information collection. The
                                                                                                              supporting documentation is 26.375                    under CFATS because the Department
                                                    Department expects that as a result of
                                                                                                              hours [0.25 hours × 211 respondents ×                 assumes that respondents maintain their
                                                    the revised SVA/ASP respondents will
                                                                                                              0.5 × 1 response per respondent].                     Top-Screen records and any other
                                                    spend 90 percent less time logged into
                                                                                                                                                                    required records in the same manners,
                                                    the SVA/ASP application because the                         Therefore, the Department estimates
                                                                                                                                                                    formats, and locations as they maintain
                                                    revised SVA/ASP will (1) have                             that the total annual burden in hours for
                                                                                                                                                                    their SSP/ASP records.
                                                    duplicative questions removed that exist                  the SVA/ASP is 865.10 hours [838.725
                                                    in the SSP/ASP; (2) a few questions will                  hours + 26.375 hours]. The rounded                    Total Annual Burden Cost
                                                    be moved to the Top-Screen to support                     estimate is 900 hours.                                  The 2007 CFATS Regulatory
                                                    the improved tiering methodology; and                                                                           Evaluation assumes that Site Security
                                                                                                              Total Burden Cost (Capital/Startup)
                                                    (3) the attack scenarios and related                                                                            Officers will be responsible for
                                                    questions will also be removed.                             The Department provides access to                   submitting SVA/ASPs. For the purpose
                                                       In response to previous comments                       CSAT free of charge, and the                          of this notice, the Department maintains
                                                    provided by stakeholders in the last                      Department assumes that each                          this assumption.
                                                    round of public comments on this                          respondent already has access to the                    The total annual burden cost for the
                                                    Information Collection, the Department                    internet for basic business needs.                    SVA/ASP is $58,584.57 [865.10 total
                                                    estimates that for every hour a                           Therefore, for the purposes of this                   annual burden hours × $67.72 (average
                                                    respondent is logged into the CSAT                        notice, the Department estimates that                 hourly wage rate for Site Security
                                                    SVA/ASP application, it spends an                         there are no capital/startup costs.                   Officers)]. The rounded estimate is
                                                    average of four hours in preparation.                                                                           $58,600.
                                                                                                              Total Recordkeeping Burden
                                                    Therefore, for the purpose of this notice,
                                                    the Department’s estimated time per                         A respondent that has submitted an                  The Department’s Methodology in
                                                    respondent to submit an SVA/ASP is                        SVA/ASP may or may not be                             Estimating the Burden for Site Security
                                                    2.65 hours [(5.3 hours × 0.1) + (5.3 hours                determined by the Department to                       Plan (SSP) & Alternative Security
                                                    × 0.1) × 4 hours].10                                      present a high level of security risk.                Program (ASP) Submitted in Lieu of the
                                                       During CY 2012–2014, for every                         Only respondents that present a high                  Site Security Plan
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                                                    initial submission of an SVA,                                                                                   Number of Respondents
                                                    respondents generally submit two                            11 The  Department analyzed the amount of time
                                                                                                                                                                      The current information collection
                                                    additional SVA/ASPs. However, the                         a respondent was logged into CSAT when
                                                                                                              submitting an initial SVA/ASP versus an additional    estimated that 486 respondents would
                                                    Department believes that the reasons for
                                                                                                              SVA/ASP and determined that additional SVAs/          complete an SSP/ASP annually during
                                                    this higher than expected resubmission                    ASPs took 3% more time on average than initial        CY 2012–2014 that had not previously
                                                                                                              SVAs/ASPs. The Department, for the purposes of
                                                      10 The numerical value of 0.1 is used to reflect        this notice, opted not to break out the initial and
                                                                                                                                                                    submitted an SSP/ASP. In actuality,
                                                    that 90% reduction of time a respondent is                subsequent SVAs/ASPs to analyze the minimal           during CY2012–2014, there were 336
                                                    expected to be logged into the CSAT SVA/ASP.              burden difference.                                    respondents that submitted an SSP/ASP


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                                                    72090                             Federal Register / Vol. 80, No. 222 / Wednesday, November 18, 2015 / Notices

                                                    for the first time.12 This information is
                                                    displayed in Table 5 below:

                                                                                                                                  TABLE 5—SSP/ASP RESPONDENTS
                                                                                                                                                [Estimated versus actual]

                                                                                                                                                                              Year 1            Year 2            Year 3              Total
                                                                                                                                                                             CY 2012           CY 2013           CY 2014

                                                    Estimated number of SSP/ASP respondents in the current information col-
                                                      lection ...........................................................................................................             486               486               486              1,458
                                                    Actual Number of Respondents ......................................................................                                 0               118               218                336



                                                       The Department expects to revise both                                   modifies CFATS by adding a new                                  SSP/ASP questions in a streamlined
                                                    the SVA/ASP and the SSP/ASP with                                           process by which a respondent,                                  process based upon the Department’s
                                                    this information collection. One of the                                    assigned to (risk-based) Tier 3 or Tier 4                       experience with respondents over the
                                                    expected outcomes of revisions is that                                     by the Department, can meet its                                 past several years. The reorganization of
                                                    potentially 100 percent of respondents                                     regulatory requirement to draft and                             SSP/ASP questions will allow the
                                                    to the SVA/ASP will be a respondent of                                     implement a Site Security Plan through                          Department to also remove repetitive
                                                    the SSP/ASP, due to the improved                                           a new process called the ‘‘Expedited                            questions
                                                    tiering methodology that will be                                           Approval Program.’’ The Department                                 In response to previous comments
                                                    implemented by the Department using                                        ultimately has not has opted to not                             provided by stakeholders in the last
                                                    data collected through the Top-Screen                                      adjust the number of respondents                                round of public comments on this
                                                    instrument. The Department anticipates                                     because: (1) Most Tier 3 and Tier 4                             Information Collection, the Department
                                                    both greater accuracy in the initial                                       facilities have approved SSPs; and (2) to                       estimates that for every hour a
                                                    tiering determination and also                                             date the Department has received few                            respondent is logged into the CSAT
                                                    substantially greater confidence in the                                    notifications from Tier 3 and Tier 4                            SSA/ASP application, it spends an
                                                    tiering result. Hence, while the                                           facilities indicating that they plan to use                     average of four hours in preparation.
                                                    Department reserves the right and                                          the Expedited Approval Program.                                 Therefore, for the purpose of this notice,
                                                    ability to conduct a second tiering as                                                                                                     the Department’s estimated time per
                                                                                                                               Estimated Time per Respondent                                   respondent to submit an SSP/ASP is
                                                    described in 6 CFR 27.220, the
                                                    Department anticipates relying on the                                        The current information collection                            18.75 hours. [(12.5 hours × 0.3) + ((12.5
                                                    results of initial tiering determination                                   estimated the time per respondent for                           hours × 0.3) × 4 hours)].13 The rounded
                                                    for the second tiering unless the                                          preparing and submitting a SSP/ASP to                           estimate is 18.75 hours.
                                                    Department identifies a reason for not                                     be 225 hours. This estimate assumed                                As mentioned earlier in this notice,
                                                    doing so on a case by case basis. An                                       that the majority of the burden                                 there was a higher than expected
                                                    important benefit of this approach is                                      associated with the SSPs/ASPs is                                resubmission of SSP/ASPs. In fact
                                                    that the lengthy tiering process will be                                   outside of the Department’s ability to                          during CY 2012–2014, there were 2,721
                                                    streamlined for the majority of                                            quantitatively measure. However, by                             SSP/ASPs resubmitted. The vast
                                                    respondents that previously would have                                     using the data during CY 2012–2014,                             majority of the resubmissions were
                                                    been required to complete a second                                         the Department was able to measure the                          submitted by respondents who has
                                                                                                                               duration a respondent was logged into                           submitted an initial SSP/ASP prior to
                                                    survey in order to receive a final
                                                                                                                               the SSP/ASP application. The                                    CY 2012. To account for the increased
                                                    determination of not high risk. These
                                                                                                                               Department determined that 95 percent                           resubmission of SSP/ASPs by
                                                    facilities would have to only complete
                                                                                                                               of respondents who submitted SSPs                               respondents, the Department estimates
                                                    the Top-Screen to get to the same
                                                                                                                               were logged into the CSAT SSP/ASP                               that each respondent will submit an
                                                    determination. For the purpose of
                                                                                                                               application for no more than 12.5 hours.                        additional SSP/ASP.14
                                                    estimating the number of respondents                                         As mentioned earlier in this notice,                             The Department also collects
                                                    that will complete an SSP/ASP in this                                      the Department expects to revise the                            supporting documentation from
                                                    notice, the Department will make it                                        SSP/ASP when this information                                   approximately half of the respondents.
                                                    equal to the number of SVA/ASP                                             collection is approved. The Department                          Based upon the Department’s day-to-day
                                                    respondents, 211 respondents, because                                      expects that as a result of the revised                         informal discussions with respondents,
                                                    all SVA/ASP respondents will be                                            SSP/ASP respondents will spend 70                               the Department believes that a
                                                    expected to subsequently complete the                                      percent less time logged into the SSP/                          reasonable burden for the gathering and
                                                    SSP/ASP.                                                                   ASP application because the SSP/ASP                             provision of supporting documentation
                                                       The Department considered                                               will (1) have duplicative and                                   is 0.25 hours per respondent.
                                                    modifying the number of SSP/ASP                                            unnecessary questions removed that
                                                    respondents to account for submissions                                     exist in the SVA/ASP (e.g., questions                           Annual Burden Hours
                                                    of SSPs due to requirements of Section                                     related to asset identification in the                            The annual burden hours for SSP/
                                                    2102 of the Homeland Security Act of                                       SSP) and import relevant answers from                           ASP submission is 7,912.50 hours
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                                                    2002, which among other actions,                                           the SVA/ASP, and (2) reorganize the                             [18.75 hours × 211 SSP/ASP
                                                      12 Between 2012 and 2014, the Department made                            SVA/ASPs in the next section titled, ‘‘Estimated                submitting an initial SSP/ASP versus an additional
                                                    substantial progress in addressing the number of                           Time Per Respondent.’’                                          SSP/SVP and determined that additional SVA/ASPs
                                                    SSP/ASPs received prior to 2012 from covered                                  13 The numerical value of 0.3 is used to reflect             took 14% less time on average than initial SSP/
                                                    chemical facilities. The Department received 2,721                                                                                         ASPs. The Department, for the purposes of this
                                                                                                                               that 70% reduction of time a respondent is
                                                    SVA/ASPs during CY2012 through CY2014 (i.e.,
                                                                                                                               expected to be logged into the CSAT SSP/ASP.                    notice, opted not to break out the initial and
                                                    103 revised SSP/ASP in 2012, 1,026 revised SSP/
                                                    ASPs in 2013, and 1,592 SSP/ASPs in 2014). The                                14 The Department analyzed the amount of time                subsequent SSP/ASPs to analyze the minimal
                                                    Department accounts for the cost of resubmitted                            a respondent was logged into CSAT when                          burden difference.



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                                                                                 Federal Register / Vol. 80, No. 222 / Wednesday, November 18, 2015 / Notices                                                          72091

                                                    respondents × 2 response per                                  Total Recordkeeping Burden                                records listed at 6 CFR 27.255, may be
                                                    respondent].                                                    The recordkeeping burden estimate                       kept in electronic or paper formats as
                                                      The annual burden hours for                                 for the ‘‘Site Security Plan (SSP) and                    long as they are reasonably protected.
                                                    obtaining supporting documentation is                         Alternative Security Program (ASP)                        For the purpose of this notice, the
                                                    26.3750 hours [0.25 hours × (0.5 × 211                        submitted in lieu of the Site Security                    Department assumes that all
                                                    SSP/ASP respondents) × (one response                          Plan’’ accounts for the recordkeeping                     respondents will purchase a locked
                                                    per respondent)].                                             burden high-risk chemical facilities are                  filing cabinet to maintain records at a
                                                                                                                  required to maintain under CFATS,                         cost of $350 each. In addition,
                                                      Therefore, the Department estimates                         including SSP and ASP records because                     respondents that use paper records will
                                                    that the total annual burden hours for                        the Department assumes that                               also incur the cost of additional paper
                                                    SSP/ASP submission is 7,938.8750                              respondents maintain their records and                    and printer ink/toner. The Department
                                                    hours [7,912.50 hours + 26.3750 hours].                       any other required records in the same                    assumes an additional box of paper
                                                    The rounded estimate is 8,000 hours.                          manners, formats, and locations as they                   ($50) and additional printer ink/toner
                                                    Total Burden Cost (Capital/Startup)                           maintain their SSP/ASP records.                           supplies ($200). Thus, the physical cost
                                                                                                                  Therefore, the Department believes it is                  related to record keeping for each SSP/
                                                      The Department provides access to                           reasonable to estimate the                                ASP respondent is $600 (i.e., $350 for
                                                    CSAT free of charge, and the                                  recordkeeping burden for all
                                                                                                                                                                            the filing cabinet plus $250 for paper
                                                    Department assumes each respondent                            respondents under the recordkeeping
                                                                                                                                                                            and toner) for the first year and $250 per
                                                    already has access to the internet for                        burden for the ‘‘Site Security Plan (SSP)
                                                                                                                  and Alternative Security Program (ASP)                    year for the second and third year. Thus,
                                                    basic business needs. Therefore, for the                                                                                the annual average cost, for physical
                                                    purposes of this notice, the Department                       submitted in lieu of the Site Security
                                                                                                                  Plan.’’                                                   costs related to paper-based
                                                    estimates that there are no capital/                                                                                    recordkeeping, is $367 per SSP/ASP.
                                                                                                                    Records maintained under CFATS,
                                                    startup costs.
                                                                                                                  including SSP/ASP records and other
                                                                                                     TABLE 6—SSP/ASP PAPER-BASED RECORDKEEPING COSTS
                                                                                                     Locked filing      Paper and ink/         Year 1 cost        Year 2 cost        Year 3 cost        Average annual cost
                                                                                                     cabinet cost         toner Cost

                                                    SSP/ASP ......................................       $350               $250                  $600               $250                $250          $367 (rounded).



                                                      The Department assumes that clerical                        the annual average cost for physical                      respondents)]. The rounded estimate is
                                                    staff will spend 48 hours per year (four                      costs related to electronic-based                         $438,800.
                                                    hours per month) maintaining records,                         recordkeeping is $333 (rounded) per                       Total Annual Burden Cost
                                                    such as filing, binding, etc. For the                         SSP/ASP.
                                                    purpose of this notice the Department                                                                                     The total annual burden cost for the
                                                                                                                     The Department assumes that there
                                                    used the wage rate of $37.51 per hour.15                                                                                SSP/ASP is $976,364.731 [7,938.8750
                                                                                                                  will be a larger time commitment for                      hours multiplied by $67.72 (average
                                                    Thus, the Department estimates the
                                                                                                                  updating records and inputting data into                  hourly wage rate for Site Security
                                                    labor related to paper-based
                                                    recordkeeping burden is $1,800.48 per                         a spreadsheet. Hence, the Department                      Officers) + $438,744.116 (total annual
                                                    SSP/ASP [48 hours × $37.51].                                  maintains its estimate of six hours per                   recordkeeping burden)]. The rounded
                                                                                                                  month to maintain electronic records.                     estimate is $976,400.
                                                      Alternatively, although it is not                           Thus, the Department estimates the
                                                    required, businesses may keep their                           labor related to electronic-based                         The Department’s Methodology in
                                                    records electronically. Under this                                                                                      Estimating the Burden for the Helpdesk
                                                                                                                  recordkeeping burden is $2,700.72 [72
                                                    scenario, the Department maintains its
                                                                                                                  hours × $37.51 (average hourly wage                       Number of Respondents
                                                    assumption that a small number of
                                                                                                                  rate for clerical staff)].
                                                    respondents (i.e., 5 percent) will                                                                                        The Department evaluated the
                                                    purchase a computer loaded with basic                            Therefore, for the purposes of this                    historical data to determine if the
                                                    spreadsheet software. For the purpose of                      notice, the Department estimates that                     current information collection estimate
                                                    this notice, the Department assumes that                      the annual recordkeeping burden is                        of 15,000 respondents continued to be
                                                    5 percent of respondents will purchase                        $438,744.116 [($367 + $1,800.48) × (0.95                  an appropriate estimate for Helpdesk.
                                                    a computer and printer to maintain                            × 211 SSP/ASP respondents) + [($333 +                     During CY 2012–2014, the Helpdesk
                                                    records at a total cost of $1,000. Thus,                      $2,700.72) × (0.05 × 211 SSP/ASP                          accepted 30,452 calls and 12,246 emails.
                                                                                                                     TABLE 7—HELPDESK RESPONDENTS
                                                                                                                              [Estimated versus actual]

                                                                                                                         Year 1            Year 2                Year 3
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                                                                                                                                                                                     Total               Average annual
                                                                                                                        CY 2012           CY 2013               CY 2014

                                                    Estimated number of Respondents in current                              15,000               15,000              15,000              45,000    15,000.
                                                      information collection.

                                                      15 The average hourly wage rate was based on an             U.S. Department of Labor, Bureau of Labor                 at: http://www.bls.gov/cpi/tables.htm, last accessed
                                                    average hourly wage rate of $26.15 with a benefits            Statistics; ‘‘Table 24. Historical Consumer Price         on September 9, 2015.
                                                    multiplier of 1.43. The $37.51 rate was based on              Index for All Urban Consumers (CPI–U): U.S. city
                                                    2014 dollars using the Consumer Price Index (CPI).            average, all;’’ Annual Average; July 2015. Available



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                                                    72092                            Federal Register / Vol. 80, No. 222 / Wednesday, November 18, 2015 / Notices

                                                                                                                    TABLE 7—HELPDESK RESPONDENTS—Continued
                                                                                                                                               [Estimated versus actual]

                                                                                                                                    Year 1                Year 2               Year 3              Total               Average annual
                                                                                                                                   CY 2012               CY 2013              CY 2014

                                                    Actual number of Respondents (phone calls                                                  9,530            15,802             17,366             42,698    14,233 (rounded).
                                                      and e-mails).



                                                      The actual average annual number of                                    estimated number of respondents of                         estimated time per respondent of 0.17
                                                    respondents for this time period was                                     15,000, based on actual historical data.                   hours (10 minutes) continued to be an
                                                    14,233 respondents (calls and emails).                                   Estimated Time per Respondent                              appropriate estimate. During CY 2012–
                                                    The Department will maintain the                                                                                                    2014, the actual average Helpdesk call
                                                                                                                               The Department evaluated the                             averaged less than eight minutes.
                                                                                                                             historical data to determine if the
                                                                                                                         TABLE 8—HELPDESK CALL TIME AVERAGES
                                                                                                                                                                                         Year 1              Year 2            Year 3
                                                                                                                                                                                        CY 2012             CY 2013           CY 2014

                                                    Actual Average Call Time (minutes) ............................................................................................         7:38               8:09             7:15



                                                      The Department does not have any                                       each respondent already has a phone                        The Department’s Methodology in
                                                    information about the average amount of                                  and/or access to the internet for basic                    Estimating the Burden for the User
                                                    time it took respondents to type and                                     business needs. Therefore, for the                         Registration
                                                    send the 12,246 emails during CY 2012–                                   purposes of this notice, the Department
                                                    2014.                                                                    estimates that there are no capital/                       Number of Respondents
                                                      Therefore, for the purpose of this                                     startup costs.                                               The current information collection
                                                    notice, the Department has maintained
                                                                                                                             Total Recordkeeping Burden                                 estimated 625 respondents would
                                                    the estimated time per respondent of
                                                    0.17 hours.                                                                                                                         complete the user registration process
                                                                                                                              There is no recordkeeping burden                          annually. That estimate is based on the
                                                    Annual Burden Hours                                                      when contacting the CSAT Helpdesk.                         assumption that the number of
                                                      The annual burden hours for the                                        Total Annual Burden Cost                                   respondents for User Registration will
                                                    Helpdesk will be 2,550 hours [0.17                                                                                                  be one-fourth of the number of
                                                    hours × 15,000 respondents].                                               The total burden for the Helpdesk is                     respondents for the Top-Screen. During
                                                                                                                             $172,686 [2,550 annual burden hours ×                      CY 2012–2014, the actual number was
                                                    Total Burden Cost (Capital/Startup)                                      $67.72 (average hourly rate for Site                       3033 respondents.
                                                       Contacting the CFATS Helpdesk is                                      Security Officers)]. The rounded
                                                    free, and the Department assumes that                                    estimate is $172,700.

                                                                                                                       TABLE 9—USER MANAGEMENT RESPONDENTS
                                                                                                                                               [Estimated versus actual]

                                                                                                                                                    Year 1             Year 2            Year 3                                Average
                                                                                                                                                                                                               Total
                                                                                                                                                   CY 2012            CY 2013           CY 2014                                 annual

                                                    Estimated number of Respondents in current information
                                                      collection ...........................................................................                  625              625                 625             1,875              625
                                                    Actual number of Respondents ...........................................                                  510             1704                 819             3033             1,011



                                                      The Department expects the actual                                      necessary signatures on the user access                    reduce the burden on respondents and
                                                    number of respondents to fluctuate.                                      agreement.                                                 improve the functionality of the CSAT
                                                    However, for the purposes of this notice                                                                                            User Management application. The
                                                                                                                             Annual Burden Hours
                                                    the Department estimates the number of                                                                                              Department expects that there will be a
                                                    respondents is 1000 annually.                                              The annual burden estimate for User                      one-time burden for all existing CSAT
                                                                                                                             Registration is 2,000 hours [2 hours ×                     Users when the CSAT User Management
                                                    Estimated Time per Respondent                                                                                                       application is updated. The Department
                                                                                                                             1000 respondents].
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                                                       In the current information collection,                                                                                           expects the one-time burden to be 0.17
                                                                                                                             Total Burden Cost (Capital/Startup)
                                                    the estimated time per respondent is                                                                                                hours (10 minutes) per CSAT user. As
                                                    two hours. The Department will                                             The Department assumes that each                         of September 2015, there were 24,630
                                                    maintain the assumption that two hours                                   respondent already has a fax capability                    active CSAT accounts; therefore, the
                                                    is an adequate amount of time for the                                    and access to the internet for basic                       Department estimates that there will be
                                                    respondent to (1) complete the online                                    business needs. However, the                               a capital/startup cost of $283,550.4120
                                                    CSAT User Registration process, and                                      Department expects to be revising the                      [24,630 Active CSAT users × 0.17 hours
                                                    subsequently (2) collect and submit the                                  CSAT User Management application to                        × $67.72 (average hourly rate for Site


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                                                                             Federal Register / Vol. 80, No. 222 / Wednesday, November 18, 2015 / Notices                                             72093

                                                    Security Officers)]. The rounded                         that there will be a one-time capital/                Program submitted in lieu of the
                                                    estimate is $283,600.                                    startup cost of $34,537.20 [3000 covered              Security Vulnerability Assessment.
                                                                                                             chemical facilities × 0.17 hours × $67.72                Frequency: ‘‘On occasion’’ and
                                                    Total Recordkeeping Burden
                                                                                                             (average hourly wage rate for Site                    ‘‘Other.’’
                                                      There is no recordkeeping burden for                   Security Officers)]. The rounded                         Affected Public: Business or other for-
                                                    submitting a User Registration                           estimate is $34,600.                                  profit.
                                                    application.                                                                                                      Number of Respondents: 211
                                                                                                             Total Recordkeeping Burden                            respondents.
                                                    Total Annual Burden Cost
                                                                                                               There is no recordkeeping burden for                   Estimated Time per Respondent: 2.65
                                                       The total burden for User Registration                this instrument.                                      hours.
                                                    is $418,990.4120 [2,000 annual burden                                                                             Total Burden Hours: 900 hours.
                                                    hours × $62.72 (average hourly rate for                  Total Annual Burden Cost
                                                                                                                                                                      Total Burden Cost (capital/startup):
                                                    Site Security Officers) + $283,550.4120                     The total burden for the identification            $0.
                                                    (Capital/Startup Burden Cost)]. The                      of additional potential chemical                         Total Recordkeeping Burden: $0.
                                                    rounded estimate is $419,000.                            facilities of interest and assets at risk is             Total Burden Cost: $58,600.
                                                                                                             $36,966.3164 [35.87 annual burden                        Instrument: Site Security Plan and
                                                    The Department’s Methodology in
                                                                                                             hours × $67.72 (average hourly rate for               Alternative Security Program submitted
                                                    Estimating the Burden for Identification
                                                                                                             Site Security Officers) + $34,537.20                  in lieu of the Site Security Plan.
                                                    of Additional Facilities and Assets At
                                                    Risk                                                     (Capital/Startup Burden Cost)]. The                      Frequency: ‘‘On occasion’’ and
                                                                                                             rounded estimate is $37,000.                          ‘‘Other.’’
                                                    Number of Respondents                                       OMB is particularly interested in                     Affected Public: Business or other for-
                                                      The Department may collect                             comments that:                                        profit.
                                                    information from each respondent of a                       1. Evaluate whether the proposed                      Number of Respondents: 211
                                                    SSP/ASP under this instrument.                           collection of information is necessary                respondents.
                                                    Respondents are not required to provide                  for the proper performance of the                        Estimated Time per Respondent:
                                                    this information to the Department for                   functions of the agency, including                    18.75 hours.
                                                    purposes of complying with any portion                   whether the information will have                        Total Burden Hours: 8,000 hours.
                                                    of CFATS. The Department estimates                       practical utility;                                       Total Burden Cost (capital/startup):
                                                    the number of respondents to this                           2. Evaluate the accuracy of the                    $0.
                                                    instrument will be equal to the number                   agency’s estimate of the burden of the                   Total Recordkeeping Burden:
                                                    of respondents to the SSP/ASP, or 211                    proposed collection of information,                   $438,800.
                                                    respondents.                                             including the validity of the                            Total Burden Cost: $976,400.
                                                                                                             methodology and assumptions used;                        Instrument: CFATS Helpdesk.
                                                    Estimated Time per Respondent                               3. Enhance the quality, utility, and                  Frequency: ‘‘On occasion’’ and
                                                      This instrument will request                           clarity of the information to be                      ‘‘Other.’’
                                                    information from covered chemical                        collected; and                                           Affected Public: Business or other for-
                                                    facilities about their chemical of interest                 4. Minimize the burden of the                      profit.
                                                    supply and distribution chain or other                   collection of information on those who                   Number of Respondents: 15,000
                                                    information about their business                         are to respond, including through the                 respondents.
                                                    operations to allow the Department to                    use of appropriate automated,                            Estimated Time per Respondent: 0.17
                                                    potentially identify either potential                    electronic, mechanical, or other                      hours.
                                                    chemical facilities of interest or                       technological collection techniques or                   Total Burden Hours: 2,550 annual
                                                    potential assets at risk at the covered                  other forms of information technology                 burden hours.
                                                    chemical facility. Participation in this                 (e.g., permitting electronic submissions                 Total Burden Cost (capital/startup):
                                                    collection will be voluntary and                         of responses).                                        $0.
                                                    respondents will not be required to                         Analysis:                                             Total Recordkeeping Burden: $0.
                                                    provide this information to the                             Agency: Department of Homeland                        Total Burden Cost: $172,700.
                                                    Department for purposes of complying                     Security, National Protection and
                                                                                                                                                                      Instrument: CSAT User Registration.
                                                    with any portion of CFATS. The                           Programs Directorate, Office of
                                                                                                                                                                      Frequency: ‘‘On occasion’’ and
                                                    Department expects the estimated time                    Infrastructure Protection, Infrastructure
                                                                                                                                                                   ‘‘Other.’’
                                                    per respondent is 0.17 hours (10                         Security Compliance Division.                            Affected Public: Business or other for-
                                                    minutes).                                                   Title: Chemical Security Assessment
                                                                                                                                                                   profit.
                                                                                                             Tool.
                                                    Annual Burden Hours                                         OMB Number: 1670–0007.                                Number of Respondents: 1000
                                                                                                                Instrument: CSAT Top-Screen.                       respondents.
                                                      The annual burden estimate is 35.87                                                                             Estimated Time per Respondent: 2
                                                                                                                Frequency: ‘‘On occasion’’ and
                                                    hours [0.17 hours × 211 respondents].                                                                          hours.
                                                    The rounded estimate is 40 hours.                        ‘‘Other.’’
                                                                                                                Affected Public: Business or other for-               Total Burden Hours: 2,000 hours.
                                                    Total Burden Cost (Capital/Startup)                      profit.                                                  Total Burden Cost (capital/startup):
                                                                                                                Number of Respondents: 1,000                       $283,600.
                                                      The Department expects a one-time                                                                               Total Recordkeeping Burden: $0.
                                                    burden for covered chemical facilities                   respondents (estimate).
                                                                                                                                                                      Total Burden Cost: $419,000.
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                                                                                                                Estimated Time per Respondent: 6.00
                                                    with an approved SSP/ASP. There are
                                                                                                             hours.                                                   Instrument: Identification of Facilities
                                                    approximately 3000 covered chemical
                                                                                                                Total Burden Hours: 9,200 hours.                   and Assets At Risk.
                                                    facilities regulated under CFATS.16                         Total Burden Cost (capital/startup):                  Frequency: ‘‘On occasion’’ and
                                                    Therefore, the Department estimates                      $15,005,400.                                          ‘‘Other.’’
                                                                                                                Total Recordkeeping Burden: $0.                       Affected Public: Business or other for-
                                                       16 The number of covered chemical facilities
                                                                                                                Total Burden Cost: $15,623,400.                    profit.
                                                    fluctuates. For the purposes of this notice 3,000
                                                    represents a reasonable estimate to estimate the            Instrument: Security Vulnerability                    Number of Respondents: 211
                                                    burden this instrument could impose.                     Assessment and Alternative Security                   respondents.


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                                                    72094                    Federal Register / Vol. 80, No. 222 / Wednesday, November 18, 2015 / Notices

                                                      Estimated Time per Respondent: 0.17                   Room 3136, Department of Housing and                  materials remotely via a high-speed
                                                    hours.                                                  Urban Development, 451 Seventh Street                 Internet connection.
                                                      Total Burden Hours: 40 hours.                         SW., Washington, DC 20410–8000;
                                                                                                                                                                  Mortgage Loan Sale Policy
                                                      Total Burden Cost (capital/startup):                  telephone 202–708–2625, extension
                                                    $34,600.                                                3927. Hearing- or speech-impaired                        HUD reserves the right to remove
                                                      Total Recordkeeping Burden: $0.                       individuals may call 202–708–4594                     Mortgage Loans from SFLS 2016–1 at
                                                      Total Burden Cost: $37,000.                           (TTY). These are not toll-free numbers.               any time prior to the Award Date. HUD
                                                                                                            SUPPLEMENTARY INFORMATION: HUD                        also reserves the right to reject any and
                                                      Dated: October 30, 2015.
                                                                                                            announces its intention to sell in SFLS               all bids, in whole or in part, and include
                                                    Scott Libby,                                                                                                  any Mortgage Loans in a later sale.
                                                                                                            2016–1 certain unsubsidized non-
                                                    Deputy Chief Information Officer, National                                                                    Deliveries of Mortgage Loans will occur
                                                    Protection and Programs Directorate,                    performing mortgage loans (Mortgage
                                                                                                            Loans) secured by single family                       in at least two monthly settlements and
                                                    Department of Homeland Security.
                                                                                                            properties located throughout the                     the number of Mortgage Loans delivered
                                                    [FR Doc. 2015–29457 Filed 11–17–15; 8:45 am]                                                                  will vary depending upon the number of
                                                                                                            United States. A listing of the Mortgage
                                                    BILLING CODE 9110–9P–P
                                                                                                            Loans is included in the due diligence                Mortgage Loans the Participating
                                                                                                            materials made available to qualified                 Servicers have submitted for the
                                                                                                            bidders. The Mortgage Loans will be                   payment of an FHA insurance claim.
                                                    DEPARTMENT OF HOUSING AND                               sold without FHA insurance and with                   The Participating Servicers will not be
                                                    URBAN DEVELOPMENT                                       servicing released. HUD will offer                    able to submit claims on loans that are
                                                                                                            qualified bidders an opportunity to bid               not included in the Mortgage Loan
                                                    [Docket No. FR–5903–N–01]
                                                                                                            competitively on the Mortgage Loans.                  Portfolio set forth in the BIP. There can
                                                    Notice of Single Family Loan Sales                         The Loans will be offered in two pool              be no assurance that any Participating
                                                    (SFLS 2016–1)                                           types. The Department will offer                      Servicer will deliver a minimum
                                                                                                            national loan pools for bid and will also             number of Mortgage Loans to HUD or
                                                    AGENCY:  Office of the Assistant                        offer regionally-based pools, with                    that a minimum number of Mortgage
                                                    Secretary for Housing—Federal Housing                   additional purchaser requirements, that               Loans will be delivered to the
                                                    Commissioner, HUD.                                      are called the Neighborhood                           Purchaser.
                                                    ACTION: Notice of sales of mortgage                     Stabilization Outcome pools. Three of                    The SFLS 2016–1 Mortgage Loans are
                                                    loans.                                                  these Neighborhood Stabilization                      assigned to HUD pursuant to section
                                                                                                            Outcome pools will be designated for                  204(a)(1)(A) of the National Housing Act
                                                    SUMMARY:   This notice announces HUD’s                  bidding by qualified non-profit or unit               as amended under Title VI of the
                                                    intention to competitively sell certain                 of local government entities only. These              Departments of Veterans Affairs and
                                                    unsubsidized single family mortgage                     pools are located in Tampa, Florida,                  Housing and Urban Development and
                                                    loans, in a sealed bid sale offering called             Chicago, Illinois, and the state of                   Independent Agencies Appropriations
                                                    SFLS 2016–1, without Federal Housing                    Massachusetts.                                        Act, 1999. The sale of the Mortgage
                                                    Administration (FHA) mortgage                                                                                 Loans is pursuant to section 204(g) of
                                                    insurance. This notice also generally                   The Bidding Process                                   the National Housing Act.
                                                    describes the bidding process for the                     The BIP describes in detail the
                                                                                                                                                                  Mortgage Loan Sale Procedure
                                                    sale and certain persons who are                        procedure for bidding in SFLS 2016–1.
                                                    ineligible to bid. This is the first sale               The BIP also includes a standardized                     HUD selected an open competitive
                                                    offering of Fiscal Year (FY) 2016 and the               non-negotiable Conveyance, Assignment                 whole-loan sale as the method to sell
                                                    sale will be held on November 18, 2015.                 and Assumption Agreement (CAA                         the Mortgage Loans for this specific sale
                                                    DATES: For this sale action, the Bidder’s               Agreement). Qualified bidders will be                 transaction. For SFLS 2016–1, HUD has
                                                    Information Package (BIP) was made                      required to submit a deposit with their               determined that this method of sale
                                                    available to qualified bidders on                       bid. Deposits are calculated based upon               optimizes HUD’s return on the sale of
                                                    October 21, 2015. Bids for the 2016–1                   each qualified bidder’s aggregate bid                 these Mortgage Loans, affords the
                                                    sale will be accepted on the Bid Date of                price.                                                greatest opportunity for all qualified
                                                    November 18, 2015 (Bid Date). HUD                         HUD will evaluate the bids submitted                bidders to bid on the Mortgage Loans,
                                                    anticipates that award(s) will be made                  and determine the successful bid, in                  and provides the quickest and most
                                                    on or about November 19, 2015 (the                      terms of the best value to HUD, in its                efficient vehicle for HUD to dispose of
                                                    Award Date).                                            sole and absolute discretion. If a                    the Mortgage Loans.
                                                                                                            qualified bidder is successful, the                   Bidder Ineligibility
                                                    ADDRESSES: To become a qualified
                                                                                                            qualified bidder’s deposit will be non-
                                                    bidder and receive the BIP, prospective                                                                         In order to bid in SFLS 2016–1 as a
                                                                                                            refundable and will be applied toward
                                                    bidders must complete, execute, and                                                                           qualified bidder, a prospective bidder
                                                                                                            the purchase price. Deposits will be
                                                    submit a Confidentiality Agreement and                                                                        must complete, execute and submit both
                                                                                                            returned to unsuccessful bidders.
                                                    a Qualification Statement acceptable to                   This notice provides some of the basic              a Confidentiality Agreement and a
                                                    HUD. Both documents are available via                   terms of sale. The CAA Agreement,                     Qualification Statement acceptable to
                                                    the HUD Web site at: http://                            which is included in the BIP, provides                HUD and applicable to the loan pool
                                                    www.hud.gov/sfloansales or via: http://                 comprehensive contractual terms and                   being purchased. In the Qualification
                                                    www.verdiassetsales.com.                                                                                      Statement, the prospective bidder must
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                                                                                                            conditions. To ensure a competitive
                                                      Please mail and fax executed                          bidding process, the terms of the                     provide certain representations and
                                                    documents to Verdi Consulting, Inc.:                    bidding process and the CAA                           warranties regarding (i) a prospective
                                                    Verdi Consulting, Inc., 8400 Westpark                   Agreement are not subject to                          bidder, (ii) a prospective bidder’s board
                                                    Drive, 4th Floor, McLean, VA 22102,                     negotiation.                                          of directors, (iii) a prospective bidder’s
                                                    Attention: HUD SFLS Loan Sale                                                                                 direct parent, (iii) a prospective bidder’s
                                                    Coordinator, Fax: 1–703–584–7790.                       Due Diligence Review                                  subsidiaries, and (iv) any related entity
                                                    FOR FURTHER INFORMATION CONTACT: John                     The BIP describes how qualified                     with which the prospective bidder
                                                    Lucey, Director, Asset Sales Office,                    bidders may access the due diligence                  shares a common officer, director,


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Document Created: 2018-03-01 11:20:09
Document Modified: 2018-03-01 11:20:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
Action60-Day notice and request for comments; Revision of Information Collection Request: 1670-0007.
DatesComments are encouraged and will be accepted until January 19, 2016. This process is conducted in accordance with 5 CFR 1320.8.
FR Citation80 FR 72086 

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