[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]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 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]
BILLING CODE 9110-9P-P