[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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