[Federal Register Volume 76, Number 219 (Monday, November 14, 2011)]
[Proposed Rules]
[Pages 70366-70367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29339]


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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 Department of Homeland Security's (DHS) National 
Protection and Programs Directorate (NPPD) is announcing an additional 
public meeting 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. The 
Department previously announced a series of public meetings on the same 
topic on October 2, 2011 (see 76 FR 62311). Under the proposed Ammonium 
Nitrate Security Program, the DHS will 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.
    Date, Time, and Location: An additional public meeting is scheduled 
to be held at the following location: St. Petersburg, Florida, 
Thursday, November 17, 2011, 10 a.m.-2 p.m., Hilton St. Petersburg 
Carillon Park, 950 Lake Carillon Drive, St. Petersburg, FL 33716.
    DHS 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, 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

[[Page 70367]]

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 Public Law 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

    DHS/NPPD will hold an additional public meeting to consult with the 
public and with other interested parties on the NPRM for the Ammonium 
Nitrate Security Program. The agenda for the public meeting 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 is available on the Department's Ammonium Nitrate 
Security Program Web site, at http://www.dhs.gov/files/programs/ammonium-nitrate-security-program.shtm.
    This additional public meeting is open to the public and is 
expected to last up to a total of four hours. Please note that the 
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 a sign-in sheet to voluntarily collect contact information 
from the attending public and to properly log oral comments received 
during the meeting. 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 this additional public meeting, and transcripts of 
the public meetings previously announced in the Federal Register, 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 DHS. 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, 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 ammonium nitrate 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 email 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: November 4, 2011.
Penny Anderson,
Director, Infrastructure Security Compliance Division, Department of 
Homeland Security.
[FR Doc. 2011-29339 Filed 11-10-11; 8:45 am]
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