82 FR 34969 - Notice of Request for Revision to and Extension of a Currently Approved Information Collection for Chemical-Terrorism Vulnerability Information (CVI)
DEPARTMENT OF HOMELAND SECURITY Federal Register Volume 82, Issue 143 (July 27, 2017)
Federal Register Volume 82, Issue 143 (July 27, 2017)
| Page Range | 34969-34970 | |
| FR Document | 2017-15742 |
[Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)] [Notices] [Pages 34969-34970] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15742] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Notice of Request for Revision to and Extension of a Currently Approved Information Collection for Chemical-Terrorism Vulnerability Information (CVI) AGENCY: National Protection and Programs Directorate, DHS. ACTION: 30-Day notice and request for comments; revision of Information Collection Request: 1670-0015. ----------------------------------------------------------------------- Authority: 6 U.S.C. 621-629. 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 (ICR) to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. DHS previously published this ICR in the Federal Register on April 19, 2017 at 82 FR 18466 and allowed for a 60-day public comment period. DHS received one comment during the 60-day public comment period. The purpose of this notice is to allow an additional 30 days for public comments. DATES: Comments are encouraged and will be accepted until August 28, 2017. This process is conducted in accordance with 5 CFR 1320.8. ADDRESSES: Interested persons are invited to submit written comments on this proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments must be addressed to the OMB Desk Officer, Department of Homeland Security, National Protection and Programs Directorate via electronic mail to [email protected] or faxed to (202) 395-5806. All submissions must include the agency name and OMB Control Number 1670-0015. 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 OMB Control Number 1670-0015. The Department will forward all comments received by the submission deadline to the OMB Desk Officer. --------------------------------------------------------------------------- \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 athttp://www.dhs.gov/protected-critical-infrastructure-information-pcii-program. FOR FURTHER INFORMATION CONTACT: CFATS Program Manager, 866-323-2957, _____________________________________- [email protected]. SUPPLEMENTARY INFORMATION: This information collection notice was previously published in the Federal Register at 82 FR 18466 (April 19, 2017) and provided a 60-day public comment [[Page 34970]] period. DHS received 1 comment in response to the 60-day notice. To access and review all documents related to this information collection, please visit the Federal eRulemaking Portal site at http://www.regulations.gov and enter Docket Number DHS-2017-0015 in the search box. DHS Proposed Revisions for This Collection Are Summarized BelowRemoval of the following instruments: (1) ``Determination of CVI''; (2) Determination of a ``Need to Know'' by a Public Official''; (3) ``Disclosure of CVI Information; (4) Notification of Emergency or Exigent Circumstances''; and (5) ``Tracking Log for CVI Received'' from this collection. As required by 5 CFR 1320.5, the Department reevaluated the continued need for each instrument in this collection. This evaluation resulted in a finding these instruments have been used and collected rarely within the last 3 years. DHS also proposes to extend this collection with revisions to reduce the estimated burden for the remaining instrument in this collection. DHS proposes a reduction of the number of respondents for the CVI Authorization instrument from 30,000 to 20,000. This estimate is based on historical data and the anticipated impact of the Department's revision of its Chemical Security Assessment Tool (CSAT) and enhancement of its risk tiering methodology for the CFATS program. See 81 FR 47001 (Jul. 20, 2016). Response to Comment Received During 60-Day Comment Period Comment: The one comment received concerning the 60-day PRA notice for this proposed information collection raised a concern that guidance provided in the DHS ``Safeguarding Information Designated as Chemical- Terrorism Vulnerability Information (CVI)'' manual (``CVI Procedural Manual'') and the CFATS regulation (at 6 CFR 27.400(d)(7)) appear to require collection of information using three instruments identified by DHS for removal. The Commenter also asserted that the investigatory exception under 44 U.S.C. 3518(c) does not justify the Department's collection of information as part of these three instruments without an OMB-approved information collection request. Based on these reasons, the comment suggested retaining the ``Disclosure of CVI Information,'' ``Notification of Emergency or Exigent Circumstances,'' and ``Tracking Log for CVI Received'' instruments in this information collection with adjusted burden levels. Response: The Department's proposal to remove five instruments from this collection, including the three identified by the commenter, is based mainly on an evaluation of the historical usage of those instruments. As noted in DHS's 60-day notice, ``these instruments have historically been used rarely.'' 82 FR 18467. More specifically, DHS's review indicated that at no time has the Department collected information under any of these five instruments on ten or more occasions during any given calendar year. Additionally, the Department expects that this historical pattern would continue during the next three years if the instruments were to be retained. Consequently, none of the instruments proposed for removal qualify as a ``collection of information'' subject to the requirements of the Paperwork Reduction Act (see 44 U.S.C. 3502(3)(A)(i)). Also, if this proposed information collection is approved, DHS would only collect the information currently covered by the three instruments identified by the commenter as part of an administrative action or investigation, which would exempt these instruments from the requirements of the Paperwork Reduction Act (if they were not also exempt for other reasons). In addition, removal of the five instruments proposed is consistent with DHS guidance provided in the DHS CVI Procedural Manual and the requirements specified in 6 CFR 27.400. Per the specific marking on the footer of each page, the DHS CVI Procedural Manual ``does not create or confer any new rights or obligations on any person or entity or otherwise operate to bind the public.'' Rather, the DHS CVI Procedural Manual describes and encourages the public's use of best practices for complying with the regulatory requirements associated with maintaining, safeguarding, and disclosing CVI set out in 6 CFR 27.400. DHS developed some of the instruments in this collection as part of these best practices, but their use is not mandatory. If this proposed collection is approved, the Department will consider updating its guidance materials to clarify this aspect of the CVI Program. To the extent that reporting certain information to the Department is required by 6 CFR 27.400(d)(7), that reporting requirement will remain in effect. However, as described in the paragraph above detailing historical usage of the instruments proposed for removal from this collection, DHS expects to receive fewer than ten such reports per year and the Department would likely seek unique pieces of information related to each unauthorized release of CVI, not standard pieces of information. OMB is particularly interested in written comments from the public 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. Address how the agency might 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 The Department continues to rely on the analysis and resulting burden estimates provided in the 60-day notice for the instruments included in this ICR. Agency: Department of Homeland Security, National Protection and Programs Directorate, Office of Infrastructure Protection, Infrastructure Security Compliance Division. Title: CFATS Chemical-terrorism Vulnerability Information. OMB Number: 1670-0015. Instrument: Chemical-terrorism Vulnerability Information Authorization. Frequency: ``On occasion'' and ``Other''. Affected Public: Business or other for-profit. Number of Respondents: 20,000 respondents (rounded estimate). Estimated Time per Respondent: 0.50 hours. Total Burden Hours: 10,000 annual burden hours. Total Burden Cost (capital/startup): $0. Total Recordkeeping Burden: $0. Total Burden Cost: $677,200. Dated: July 20, 2017. David Epperson, Chief Information Officer. [FR Doc. 2017-15742 Filed 7-26-17; 8:45 am] BILLING CODE 9110-9P-P
![Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices 34969
ADDRESSES: Eisenhower Executive period may end before the time 60-day public comment period. DHS
Office Building, Washington, DC. Due to indicated, following the last call for received one comment during the 60-
limited seating, requests to attend in comments. day public comment period. The
person will be accepted and processed FOR FURTHER INFORMATION CONTACT: purpose of this notice is to allow an
in the order in which they are received. Ginger Norris, NIAC Designated Federal additional 30 days for public comments.
The meeting’s proceedings will also be Officer, Department of Homeland DATES: Comments are encouraged and
available via Webcast at Security, (202) 441–5885 (telephone) or will be accepted until August 28, 2017.
www.whitehouse.gov/live, for those who ginger.norris@hq.dhs.gov (email). This process is conducted in accordance
cannot attend in person. Individuals with 5 CFR 1320.8.
SUPPLEMENTARY INFORMATION: Notice of
who intend to participate in the meeting ADDRESSES: Interested persons are
this meeting is given under the Federal
will need to register by sending an email Advisory Committee Act, 5 U.S.C. invited to submit written comments on
to NIAC@hq.dhs.gov by 5:00 p.m. EST Appendix (Pub. L. 92–463). The NIAC this proposed information collection to
on Wednesday, August 16, 2017. For shall provide the President, through the the Office of Information and Regulatory
information on facilities or services for Secretary of Homeland Security, with Affairs, Office of Management and
individuals with disabilities, or to advice on the security and resilience of Budget. Comments must be addressed to
request special assistance at the the Nation’s critical infrastructure the OMB Desk Officer, Department of
meeting, please contact NIAC@ sectors. Homeland Security, National Protection
hq.dhs.gov as soon as possible. Agenda: The council will meet in an and Programs Directorate via electronic
Members of the public are invited to open meeting on August 22, 2017, to mail to oira_submission@omb.eop.gov
provide comment on the issues to be receive remarks from DHS leadership or faxed to (202) 395–5806. All
considered by the committee as listed in and other senior Government officials submissions must include the agency
the SUPPLEMENTARY INFORMATION section regarding the Government’s current name and OMB Control Number 1670–
below. Associated briefing materials to cybersecurity initiatives priorities. 0015.
be discussed at the meeting will be Additionally, the council will deliberate Comments that include trade secrets,
available at www.dhs.gov/niac for and vote on recommendations for their confidential commercial or financial
review on Friday, August 11, 2017. current NIAC Cyber Security Study as information, Chemical-terrorism
Comments may be submitted at any tasked in support of Executive Order Vulnerability Information (CVI),1
time and must be identified by docket 13636 Improving Critical Infrastructure Sensitive Security Information (SSI),2 or
number DHS–2017–0031. Cybersecurity. Protected Critical Infrastructure
Comments may be submitted by one Information (PCII) 3 should not be
of the following methods: Dated: July 20, 2017.
submitted to the public regulatory
• Federal eRulemaking Portal: Deirdre Gallop-Anderson,
docket. Please submit such comments
www.regulations.gov. Follow Alternate Designated Federal Officer for the separately from other comments in
‘‘submitting written comments’’ National Infrastructure Advisory Council.
response to this notice. Comments
instructions. [FR Doc. 2017–15747 Filed 7–26–17; 8:45 am] containing trade secrets, confidential
• Email: NIAC@hq.dhs.gov. Include BILLING CODE 9110–9P–P commercial or financial information,
the docket number DHS–2017–0031 in CVI, SSI, or PCII should be
the subject line of the message. appropriately marked and packaged in
• Fax: (703) 235–9707, ATTN: Deidre DEPARTMENT OF HOMELAND accordance with applicable
Gallop-Anderson. SECURITY requirements and submitted by mail to
• Mail: Designated Federal Officer, the DHS/NPPD/IP/ISCD CFATS
National Infrastructure Advisory Notice of Request for Revision to and
Extension of a Currently Approved Program Manager at the Department of
Council, National Protection and Homeland Security, 245 Murray Lane
Programs Directorate, Department of Information Collection for Chemical-
Terrorism Vulnerability Information SW., Mail Stop 0610, Arlington, VA
Homeland Security, 245 Murray Lane, 20528–0610. Comments must be
Mail Stop 0612, Arlington, VA 20598– (CVI)
identified by OMB Control Number
0612. AGENCY: National Protection and 1670–0015. The Department will
Instructions: All submissions received Programs Directorate, DHS. forward all comments received by the
must include the words ‘‘Department of ACTION: 30-Day notice and request for submission deadline to the OMB Desk
Homeland Security’’ and the docket comments; revision of Information Officer.
number for this action. Written Collection Request: 1670–0015. FOR FURTHER INFORMATION CONTACT:
comments will be posted without
alteration at www.regulations.gov, CFATS Program Manager, 866–323–
including any personal information
Authority: 6 U.S.C. 621–629. 2957, cfats@dhs.gov.
provided. SUMMARY: The Department of Homeland SUPPLEMENTARY INFORMATION: This
Docket: For access to the docket and Security (DHS or the Department), information collection notice was
comments received by the NIAC, please National Protection and Programs previously published in the Federal
go to www.regulations.gov and enter Directorate (NPPD), Office of Register at 82 FR 18466 (April 19, 2017)
docket number DHS–2017–0031. Infrastructure Protection (IP), and provided a 60-day public comment
A public comment period will be held Infrastructure Security Compliance
1 For more information about CVI see 6 CFR
during the meeting from 2:15 p.m.–2:35 Division (ISCD), will submit the
27.400 and the CVI Procedural Manual at http://
p.m. Speakers who wish to participate following Information Collection
mstockstill on DSK30JT082PROD with NOTICES
www.dhs.gov/xlibrary/assets/chemsec_cvi_
in the public comment period must Request (ICR) to the Office of proceduresmanual.pdf.
register in advance and can do so by Management and Budget (OMB) for 2 For more information about SSI see 49 CFR part
emailing NIAC@hq.dhs.gov by no later review and clearance in accordance 1520 and the SSI Program Web page at http://
than Wednesday, August 16, 2017, at with the Paperwork Reduction Act of www.tsa.gov.
3 For more information about PCII see 6 CFR part
5:00 p.m. EST. Speakers are requested to 1995. DHS previously published this 29 and the PCII Program Web page athttp://
limit their comments to three minutes. ICR in the Federal Register on April 19, www.dhs.gov/protected-critical-infrastructure-
Please note that the public comment 2017 at 82 FR 18466 and allowed for a information-pcii-program.
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![34970 Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices
period. DHS received 1 comment in Response: The Department’s proposal unauthorized release of CVI, not
response to the 60-day notice. To access to remove five instruments from this standard pieces of information.
and review all documents related to this collection, including the three identified OMB is particularly interested in
information collection, please visit the by the commenter, is based mainly on written comments from the public that:
Federal eRulemaking Portal site at an evaluation of the historical usage of
http://www.regulations.gov and enter those instruments. As noted in DHS’s 1. Evaluate whether the proposed
Docket Number DHS–2017–0015 in the 60-day notice, ‘‘these instruments have collection of information is necessary
search box. historically been used rarely.’’ 82 FR for the proper performance of the
18467. More specifically, DHS’s review functions of the agency, including
DHS Proposed Revisions for This whether the information will have
indicated that at no time has the
Collection Are Summarized Below practical utility;
Department collected information under
• Removal of the following any of these five instruments on ten or 2. Evaluate the accuracy of the
instruments: (1) ‘‘Determination of more occasions during any given agency’s estimate of the burden of the
CVI’’; (2) Determination of a ‘‘Need to calendar year. Additionally, the proposed collection of information,
Know’’ by a Public Official’’; (3) Department expects that this historical including the validity of the
‘‘Disclosure of CVI Information; (4) pattern would continue during the next methodology and assumptions used;
Notification of Emergency or Exigent three years if the instruments were to be 3. Enhance the quality, utility, and
Circumstances’’; and (5) ‘‘Tracking Log retained. Consequently, none of the clarity of the information to be
for CVI Received’’ from this collection. instruments proposed for removal collected; and
As required by 5 CFR 1320.5, the qualify as a ‘‘collection of information’’
Department reevaluated the continued 4. Address how the agency might
subject to the requirements of the
need for each instrument in this minimize the burden of the collection of
Paperwork Reduction Act (see 44 U.S.C.
collection. This evaluation resulted in a information on those who are to
3502(3)(A)(i)). Also, if this proposed
finding these instruments have been respond, including through the use of
information collection is approved, DHS
used and collected rarely within the last appropriate automated, electronic,
would only collect the information
3 years. mechanical, or other technological
currently covered by the three
• DHS also proposes to extend this instruments identified by the collection techniques or other forms of
collection with revisions to reduce the commenter as part of an administrative information technology (e.g., permitting
estimated burden for the remaining action or investigation, which would electronic submissions of responses).
instrument in this collection. DHS exempt these instruments from the Analysis
proposes a reduction of the number of requirements of the Paperwork
respondents for the CVI Authorization Reduction Act (if they were not also The Department continues to rely on
instrument from 30,000 to 20,000. This exempt for other reasons). the analysis and resulting burden
estimate is based on historical data and In addition, removal of the five estimates provided in the 60-day notice
the anticipated impact of the instruments proposed is consistent with for the instruments included in this ICR.
Department’s revision of its Chemical DHS guidance provided in the DHS CVI Agency: Department of Homeland
Security Assessment Tool (CSAT) and Procedural Manual and the Security, National Protection and
enhancement of its risk tiering requirements specified in 6 CFR 27.400. Programs Directorate, Office of
methodology for the CFATS program. Per the specific marking on the footer of Infrastructure Protection, Infrastructure
See 81 FR 47001 (Jul. 20, 2016). each page, the DHS CVI Procedural Security Compliance Division.
Response to Comment Received During Manual ‘‘does not create or confer any Title: CFATS Chemical-terrorism
60-Day Comment Period new rights or obligations on any person
Vulnerability Information.
or entity or otherwise operate to bind
Comment: The one comment received the public.’’ Rather, the DHS CVI OMB Number: 1670–0015.
concerning the 60-day PRA notice for Procedural Manual describes and Instrument: Chemical-terrorism
this proposed information collection encourages the public’s use of best Vulnerability Information
raised a concern that guidance provided practices for complying with the Authorization.
in the DHS ‘‘Safeguarding Information regulatory requirements associated with Frequency: ‘‘On occasion’’ and
Designated as Chemical-Terrorism maintaining, safeguarding, and ‘‘Other’’.
Vulnerability Information (CVI)’’ disclosing CVI set out in 6 CFR 27.400.
manual (‘‘CVI Procedural Manual’’) and DHS developed some of the instruments Affected Public: Business or other for-
the CFATS regulation (at 6 CFR in this collection as part of these best profit.
27.400(d)(7)) appear to require practices, but their use is not Number of Respondents: 20,000
collection of information using three mandatory. If this proposed collection is respondents (rounded estimate).
instruments identified by DHS for approved, the Department will consider Estimated Time per Respondent: 0.50
removal. The Commenter also asserted updating its guidance materials to hours.
that the investigatory exception under clarify this aspect of the CVI Program. Total Burden Hours: 10,000 annual
44 U.S.C. 3518(c) does not justify the To the extent that reporting certain
burden hours.
Department’s collection of information information to the Department is
as part of these three instruments required by 6 CFR 27.400(d)(7), that Total Burden Cost (capital/startup):
without an OMB-approved information reporting requirement will remain in $0.
collection request. Based on these effect. However, as described in the Total Recordkeeping Burden: $0.
mstockstill on DSK30JT082PROD with NOTICES
reasons, the comment suggested paragraph above detailing historical Total Burden Cost: $677,200.
retaining the ‘‘Disclosure of CVI usage of the instruments proposed for
Information,’’ ‘‘Notification of Dated: July 20, 2017.
removal from this collection, DHS
Emergency or Exigent Circumstances,’’ expects to receive fewer than ten such David Epperson,
and ‘‘Tracking Log for CVI Received’’ reports per year and the Department Chief Information Officer.
instruments in this information would likely seek unique pieces of [FR Doc. 2017–15742 Filed 7–26–17; 8:45 am]
collection with adjusted burden levels. information related to each BILLING CODE 9110–9P–P
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Document Created: 2017-07-27 02:07:23
Document Modified: 2017-07-27 02:07:23
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | 30-Day notice and request for comments; revision of Information Collection Request: 1670-0015. | |
| Dates | Comments are encouraged and will be accepted until August 28, 2017. This process is conducted in accordance with 5 CFR 1320.8. | |
| Contact | CFATS Program Manager, 866-323-2957, | |
| FR Citation | 82 FR 34969 |
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