[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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