[Federal Register Volume 76, Number 195 (Friday, October 7, 2011)]
[Proposed Rules]
[Pages 62311-62312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26051]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 76, No. 195 / Friday, October 7, 2011 /
Proposed Rules
[[Page 62311]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 31
[Docket No. DHS-2008-0076]
RIN 1601-AA52
Ammonium Nitrate Security Program
AGENCY: National Protection and Programs Directorate, DHS.
ACTION: Notice of public meetings.
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SUMMARY: The National Protection and Programs Directorate of the
Department of Homeland Security is announcing a series of public
meetings to consult with the public on a notice of proposed rulemaking
(NPRM), entitled ``Ammonium Nitrate Security Program,'' which was
published in the Federal Register on August 3, 2011. Under the proposed
rule, the Department of Homeland Security would regulate the sale and
transfer of ammonium nitrate pursuant to section 563 of the Fiscal Year
2008 Department of Homeland Security Appropriations Act with the
purpose of preventing the use of ammonium nitrate in an act of
terrorism. The Department seeks public input on the proposed rule,
particularly input regarding the questions and issues raised in the
NPRM and raised in this notice of public meetings.
Dates, Times, and Locations: Public meetings are scheduled to be
held on the following dates at the following locations.
Jackson, Mississippi--Tuesday, October 11, 2011, 10 a.m.-2 p.m.,
Jackson Marriott, 200 East Amite Street, Jackson, MS 39201, Windsor
Ballroom 1&2.
Lubbock, Texas--Thursday, October 13, 2011, 10 a.m.-2 p.m., Holiday Inn
Hotel & Towers, 801 Avenue Q, Lubbock, TX 79401, S. Plains Conf Center.
Sacramento, California--Tuesday, October 18, 2011, 10 a.m.-2 p.m.,
DoubleTree Hotel Sacramento, 2001 Point West Way, Sacramento, CA 95815,
Capitol Ballroom, Salon B/C.
Knoxville, Tennessee--Thursday, October 20, 2011, 10 a.m.-2 p.m.,
Knoxville Marriott, 500 E Hill Ave, Knoxville, TN 37915, Georgia/
Carolina Ballroom.
Overland Park, Kansas (near Kansas City, Missouri)--Tuesday, October
25, 2011, 10 a.m.-2 p.m., Overland Park Marriott, 10800 Metcalf Ave,
Overland Park, KS 66210.
Oklahoma City, Oklahoma--Thursday, October 27, 2011, 10 a.m.-2 p.m.,
Sheraton Oklahoma City Hotel, 1 North Broadway Ave, Oklahoma City, OK
73102.
Savannah, Georgia--Tuesday, November 1, 2011, 10 a.m.-2 p.m., Hilton
Savannah DeSoto, 15 East Liberty Street, Savannah, Ga. 31401-3979.
Charleston, West Virginia--Thursday, November 3, 2011, 10 a.m.-2 p.m.,
Ramada Charleston Downtown, 600 Kanawha Blvd East, Charleston, WV
25303.
Mobile, Alabama--Tuesday, November 8, 2011, 10 a.m.-2 p.m., Mobile
Marriott, 3101 Airport Blvd, Mobile AL 36606, Magnolia-Camellia
Ballroom.
Washington, District of Columbia--Thursday, November 10, 2011, 10 a.m.-
2 p.m., The Kellogg Conference Hotel at Gallaudet University, 800
Florida Ave, NE., Washington, DC 20002.
Denver, Colorado--Tuesday, November 15, 2011, 10 a.m.-2 p.m., Grand
Hyatt Denver, 1750 Welton Street, Denver, CO 80202.
The Department of Homeland Security may announce changes to the
current schedule or additional public meeting dates, times, and
locations in a subsequent notice or notices to be published in the
Federal Register.
FOR FURTHER INFORMATION CONTACT: Ammonium Nitrate Security Program
Manager, U.S. Department of Homeland Security, National Protection and
Programs Directorate, Infrastructure Security Compliance Division
(NPPD/ISCD), 245 Murray Lane, SW., Mail Stop 0610, Arlington, VA 20598-
0610, telephone number (703) 235-5263. For additional information on
public meeting facilities, information on access to those facilities
for individuals with disabilities, or to request special assistance at
public meetings, please contact the Ammonium Nitrate Security Program
Manager at (703) 235-5263.
SUPPLEMENTARY INFORMATION:
Background
Section 563 of the Fiscal Year 2008 Department of Homeland Security
Appropriations Act amends the Homeland Security Act of 2002 and directs
DHS to ``regulate the sale and transfer of ammonium nitrate by an
ammonium nitrate facility to prevent the misappropriation or use of
ammonium nitrate in an act of terrorism.'' See Pub. L. 110-161,
Division E (2007). That statute also directs DHS to consult with
appropriate private sector entities, State governments, heads of other
Federal departments and agencies, and other appropriate stakeholders in
developing and implementing ammonium nitrate regulations. See id., 6
U.S.C. 488a(b); 488a(g); and 488a(i)(4)(B). The Department published an
advance notice of proposed rulemaking on October 29, 2008 seeking
public comment on a Secure Handling of Ammonium Nitrate Program, which
was followed by the notice of proposed rulemaking for the Ammonium
Nitrate Security Program published for public comment on August 3,
2011. See 73 FR 64280 (advance notice of proposed rulemaking); 76 FR
46908 (notice of proposed rulemaking).
Purpose
The National Protection and Programs Directorate of the Department
of Homeland Security will hold public meetings to consult with the
public and with other interested parties on the notice of proposed
rulemaking (NPRM) for the Ammonium Nitrate Security Program. The agenda
for the public meetings will consist of a presentation by the
Department on the elements of the NPRM, followed by comments from the
attending public concerning the proposed rulemaking.
Public Meeting Procedures and Participation
For those members of the public that cannot attend the scheduled
public meetings, a copy of the Department's presentation provided at
the public meetings will made available via the Department's Ammonium
Nitrate Security Program Web site in mid-October at http://www.dhs.gov/
files/
[[Page 62312]]
programs/ammonium-nitrate-security-program.shtm.
Each meeting is open to the public and each is expected to last up
to a total of four hours. Please note that a public meeting may adjourn
early if all commenters present have had the opportunity to speak prior
to the scheduled conclusion of the meeting. DHS will use sign-in sheets
to voluntarily collect contact information from the attending public
and to properly log oral comments received during the meetings.
Providing contact information will be voluntary, and members of the
public may also make anonymous oral comments. Seating may be limited,
but session organizers will make every effort to suitably accommodate
all participants. In order to allow as many members of the public as
possible to speak, each speaker must limit his/her remarks to three
minutes.
A transcript of each of these public meetings will be provided in
the electronic docket for the Ammonium Nitrate Security Program
rulemaking, docket number DHS-2008-0076, available at http://www.regulations.gov. Written comments on the proposed Ammonium Nitrate
Security Program may also be submitted to the Department of Homeland
Security. As specified in the NPRM, you may submit comments, identified
by docket number DHS-2008-0076, by one of the following methods:
Federal eRulemaking Portal: Follow the instructions at
http://www.regulations.gov for submitting comments.
Mail: U.S. Department of Homeland Security, National
Protection and Programs Directorate, Infrastructure Security Compliance
Division (NPPD/ISCD), 245 Murray Lane, SW., Mail Stop 0610, Arlington,
VA 20598-0610.
To avoid duplication, please use only one of these methods to
submit written comments.
Key Comments Solicited by the Department
The Department is soliciting comments on all aspects of the NPRM.
Of particular interest are comments addressing the following major
issues:
Ammonium Nitrate Use and Characteristics
1. The types, quantities, and concentrations of ammonium nitrate
and ammonium nitrate mixtures produced, used, sold, and transferred in
the United States.
2. The detonability of ammonium nitrate and ammonium nitrate
mixtures of different quantities and concentrations.
Registration
1. The level of access to the Internet that potential registration
applicants currently have and/or the level of access potential
applicants anticipate having in the future.
2. How potential registration applicants who do not have readily-
accessible Internet access could obtain the access necessary to
register online.
3. How to best notify agents (AN Agents) when ammonium nitrate
purchasers (AN Purchasers) submit those AN Agents' names to the
Department prior to sale or transfer of ammonium nitrate.
4. The efficiency and sufficiency of notifying applicants of
registration number (AN Registered User Number) approvals and denials
via e-mail or other electronic means.
5. The proposed regulatory coverage of truck drivers and other
ammonium nitrate transporters.
Verification
1. The proposed requirement that certain forms of identification
should be acceptable for purposes of a visual identity verification
check.
2. The advisability, costs, and benefits of enabling AN Agents to
provide AN Purchasers' identity verification information directly to
ammonium nitrate sellers (AN Sellers) when it is not possible for an AN
Seller to verify the identity of the AN Purchaser in person.
3. Possible alternative methods that could be employed to verify AN
Purchasers' identities in sales or transfers involving AN Agents.
Recordkeeping
1. The benefits and costs of maintaining records regarding the AN
Purchaser (and, where applicable, AN Agent) verification process.
2. How ammonium nitrate facility (AN Facility) personnel should
notify AN Purchasers and AN Agents that the information they provide
may be shared with the Department.
Dated: October 3, 2011.
Penny Anderson,
Director, Infrastructure Security Compliance Division, Department of
Homeland Security.
[FR Doc. 2011-26051 Filed 10-6-11; 8:45 am]
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