[Federal Register Volume 78, Number 52 (Monday, March 18, 2013)]
[Notices]
[Pages 16698-16699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06096]
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DEPARTMENT OF HOMELAND SECURITY
[Docket No. DHS-2012-0057]
Chemical Facility Anti-Terrorism Standards (CFATS) Chemical-
Terrorism Vulnerability Information (CVI)
AGENCY: National Protection and Programs Directorate, DHS.
ACTION: 30-day notice and request for comments; Extension of
Information Collection Request: 1670-0015.
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SUMMARY: The Department of Homeland Security (DHS), 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 (Pub. L. 104-13, 44 U.S.C. Chapter
35). The Department previously published this ICR in the Federal
Register on December 17, 2012, for a 60-day public comment period.\1\
In this notice, NPPD is responding to one relevant comment that was
responsive to different notice, also published in the Federal Register
on December 17, 2012 that solicited comments on a related Information
Collection Request.\2\ This notice is also soliciting comments
concerning the Information Collection Request, Chemical Facility Anti-
Terrorism Standards (CFATS) Chemical-terrorism Vulnerability
Information (CVI) for an additional 30 days for public comments.
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\1\ See 77 FR 74685. The 60-day Federal Register notice for IC
1670-0015 which solicited comments for 60 days may be found at
https://federalregister.gov/a/2012-30316.
\2\ The comment was submitted under docket DHS-2012-
0059 and provided comment not only on this information collection
request (i.e., 1670-0015), but also on ICR 1670-0007 and ICR 1670-
0014. The comment may be viewed at http://www.regulations.gov/#!documentDetail;D=DHS-2012-0059-0002.
DATES: Comments are encouraged and will be accepted until April 17,
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2013. This process is conducted in accordance with 5 CFR 1320.10.
ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, OMB. Comments should be addressed to OMB Desk
Officer, Department of Homeland Security, National Protection and
Programs Directorate. Comments must be identified by docket number DHS-
2012-0057 and may be submitted by one of the following methods:
[cir] Federal eRulemaking Portal: http://www.regulations.gov.
[cir] Email: [email protected]. Include the docket
number in the subject line of the message.
[cir] Fax: (202) 395-5806.
Instructions: All submissions received must include the words
``Department of Homeland Security'' and the docket number for this
action. Comments received will be posted without alteration at http://www.regulations.gov, including any personal information provided.
Comments that include trade secrets, confidential commercial or
financial information, CVI, Sensitive Security Information (SSI), or
Protected Critical Infrastructure Information (PCII) 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
submitted by mail to the Office of Information and Regulatory Affairs,
OMB. Comments should be addressed to OMB Desk Officer, Department of
Homeland Security, National Protection and Programs Directorate.
Comments must be identified by docket number DHS-2012-0057.
OMB is particularly interested in comments 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. 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.
FOR FURTHER INFORMATION CONTACT: CFATS Program Manager, DHS/NPPD/IP/
ISCD, [email protected].
SUPPLEMENTARY INFORMATION: Section 550 of the Homeland Security
Appropriations Act of 2007, Public Law 109-295, provides DHS with the
authority to regulate the security of high-risk chemical facilities. On
April 9, 2007, the Department issued an Interim Final Rule (IFR),
implementing this statutory mandate at 72 FR 17688. Section 550 of the
Homeland Security Appropriations Act of 2007 requires a risk-based
approach to security.
CFATS is the Department's regulations under Section 550 governing
security at high-risk chemical facilities. See 6 CFR part 27. CFATS
represents a national-level effort to minimize terrorism risk to such
facilities. Its design and implementation balance maintaining economic
vitality with securing facilities and their surrounding communities. In
collaboration with the private sector and other stakeholders, the
Department designed the regulations to take advantage of protective
measures already in place and to allow facilities to employ a wide
range of tailored measures to satisfy the regulations' Risk-Based
Performance Standards.
In 6 CFR 27.400, CFATS also establishes the requirements that
covered persons must follow to safeguard certain documents and other
information developed under the regulations. This information is
identified as ``Chemical-terrorism Vulnerability Information'' (CVI)
and by law receives protection from public disclosure and misuse. The
instruments within this collection will be used to manage the CVI
program in support of CFATS.
Response to Comment Submitted During 60-Day Comment Period: The
Department received a comment
[[Page 16699]]
suggesting that in the 60-day notice, the Department incorrectly
calculated the burden estimates associated with the instrument
``Chemical-terrorism Vulnerability Information Tracking Log.'' The
commenter assumed that the number of responses per respondent for this
instrument was one. In fact, the Department estimated in the current
Information Collection, which expires on March 31, 2013, that each
respondent will on average respond 12 times. This assumption was
carried over into the burden estimates used by the Department in the
60-day notice but not made explicit. The total annual burden for this
instrument is calculated as follows [0.0833 hours (five minutes) x
30,000 respondents x 12 responses per respondent], which equals 29,988
hours. The rounded estimate is 30,000 hours. The Department did not
revise the burden estimates for this instrument.
Therefore, for this instrument and the other instruments in this
30-day notice the Department will continue to rely on the analysis and
resulting burden estimates in the 60-day notice.
Analysis
Agency: Department of Homeland Security, National Protection and
Programs Directorate, Office of Infrastructure Protection,
Infrastructure Security Compliance Division.
Title: Chemical Facility Anti-Terrorism Standards (CFATS) Chemical-
terrorism Vulnerability Information (CVI).
OMB Number: 1670-0015.
Instrument: Chemical-terrorism Vulnerability Information
Authorization.
Frequency: On occasion.
Affected Public: Business or other for-profit.
Number of Respondents: 30,000 respondents (rounded estimate).
Estimated Time per Respondent: One hour.
Total Burden Hours: 30,000 annual burden hours.
Total Burden Cost (capital/startup): $0.
Total Recordkeeping Burden: $0.
Total Burden Cost (operating/maintaining): $2,580,000.
Instrument: Determination of Chemical-terrorism Vulnerability
Information (CVI).
Frequency: On occasion.
Affected Public: Business or other for-profit.
Number of Respondents: 300 respondents (rounded estimate).
Estimated Time per Respondent: 0.25 hours.
Total Burden Hours: 75 annual burden hours.
Total Burden Cost (capital/startup): $0.
Total Recordkeeping Burden: $0.
Total Burden Cost (operating/maintaining): $6,450.
Instrument: Determination of a ``Need to Know'' by a Public
Official.
Frequency: On occasion.
Affected Public: Business or other for-profit.
Number of Respondents: 14,200 respondents (rounded estimate).
Estimated Time per Respondent: 0.25 hours.
Total Burden Hours: 3,550 annual burden hours.
Total Burden Cost (capital/startup): $0.
Total Recordkeeping Burden: $0.
Total Burden Cost (operating/maintaining): $305,300.
Instrument: Disclosure of Chemical-terrorism Vulnerability
Information (CVI) Information.
Frequency: On occasion.
Affected Public: Business or other for-profit.
Number of Respondents: 300 respondents (rounded estimate).
Estimated Time per Respondent: 0.25 hours.
Total Burden Hours: 75 annual burden hours.
Total Burden Cost (capital/startup): $0.
Total Recordkeeping Burden: $0.
Total Burden Cost (operating/maintaining): $6,450.
Instrument: Notification of Emergency or Exigent Circumstances.
Frequency: On occasion.
Affected Public: Business or other for-profit.
Number of Respondents: 300 respondents (rounded estimate).
Estimated Time per Respondent: 0.25 hours.
Total Burden Hours: 75 annual burden hours.
Total Burden Cost (capital/startup): $0.
Total Recordkeeping Burden: $0.
Total Burden Cost (operating/maintaining): $6,450.
Instrument: Tracking Log for Chemical-terrorism Vulnerability
Information (CVI) Received.
Frequency: On occasion.
Affected Public: Business or other for-profit.
Number of Respondents: 30,000 respondents (rounded estimate).
Estimated Time per Respondent: 0.0833 hours (5 minutes).
Total Burden Hours: 30,000 annual burden hours.
Total Burden Cost (capital/startup): $0.
Total Recordkeeping Burden: $0.
Total Burden Cost (operating/maintaining): $2,580,000.
Dated: March 11, 2013.
Michael Butcher,
Acting Chief Information Officer, National Protection and Programs
Directorate, Department of Homeland Security.
[FR Doc. 2013-06096 Filed 3-15-13; 8:45 am]
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