[Federal Register Volume 80, Number 200 (Friday, October 16, 2015)]
[Proposed Rules]
[Pages 62504-62506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26200]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 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.
 
 ========================================================================
 

  Federal Register / Vol. 80, No. 200 / Friday, October 16, 2015 / 
Proposed Rules  

[[Page 62504]]



DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 27

[DHS-2014-0016]


Chemical Facility Anti-Terrorism Standards (CFATS) Appendix A

AGENCY: National Protection and Programs Directorate, Department of 
Homeland Security.

ACTION: Notice of public meeting.

-----------------------------------------------------------------------

SUMMARY: The Department of Homeland Security (DHS or the Department) 
invites public comment on the Appendix A Chemicals of Interest (COI) 
list. These comments may be used for potential revisions to the 
Chemical Facility Anti-Terrorism Standards (CFATS) regulations.

DATES: A roundtable discussion will be held from 8:30 a.m. to 12:00 
p.m. followed by a listening session from 1:00 p.m. to 4:00 p.m. on 
Tuesday, October 27, 2015. Written comments must be submitted on or 
before Monday, November 30, 2015.

ADDRESSES: The roundtable discussion and public listening session will 
be held at:
     The National Training Center, 1310 North Courthouse Road, 
Suite 600, Arlington, VA 22201.
    You may submit comments, identified by docket number DHS-2014-0016. 
To avoid duplication, please use only one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: U.S. Department of Homeland Security, National 
Protection and Programs Directorate, Office of Infrastructure 
Protection, Infrastructure Security Compliance Division, 245 Murray 
Lane, Mail Stop 0610, Arlington, VA 20528-0610.
     In person: Verbal comments are acceptable in person at the 
public listening session.
    Registration to Attend and/or to Participate: If you wish to attend 
the roundtable discussion and public listening session and/or make an 
oral comment at the listening session, please register at http://www.cvent.com/d/8rqbsg/4W. If you cannot attend in person you may 
register to participate in a listen-only webinar. Comments will not be 
accepted during the webinar. Attendees of the webinar may submit 
written comments using the methods identified in this section. Please 
note that the morning portion will consist of a technical, roundtable 
discussion and the afternoon portion will consist of a listening 
session. There is no fee to register for either session. Same-day 
registration is permitted but seating will only be on a space-available 
basis, beginning at 7:30 a.m. We will do our best to accommodate all 
persons who wish to make a comment during the listening session. DHS 
encourages persons and groups having similar interests to consolidate 
their information for presentation through a single representative.

FOR FURTHER INFORMATION CONTACT: Jon MacLaren, Rulemaking Section 
Chief, Office of Infrastructure Protection, Infrastructure Security 
Compliance Division, 245 Murray Lane, Mail Stop 0610, Washington, DC 
20528-0610, Telephone 703-235-5263. For additional information on the 
Appendix A meeting, please email [email protected]. Individuals with 
access and functional needs wishing to attend the session and require 
accommodations should contact Sharmine Jones at 
[email protected] as soon as possible.

SUPPLEMENTARY INFORMATION: 

Abbreviations and Terms Used in This Document

ASP Alternative Security Program
CAS Chemical Abstract Service
CFATS Chemical Facility Anti-Terrorism Standards
CFR Code of Federal Regulations
COI Chemicals of Interest
CSAT Chemical Security Assessment Tool
CVI Chemical-terrorism Vulnerability Information
DHS or Department Department of Homeland Security
FR Federal Register
SSP Site Security Plan
STQ Screening Threshold Quantity
SVA Security Vulnerability Assessment

I. Background

    Section 550 of the Department of Homeland Security Appropriations 
Act of 2007 (Pub. L. 109-295) authorized the Department to regulate the 
security of chemical facilities that, in the discretion of the 
Secretary, may present high levels of security risk. Under the Section 
550 authority, on April 9, 2007, DHS issued the CFATS interim final 
rule, 6 CFR part 27. See 72 FR 17688. Additionally, in November 2007, 
the Department adopted as Appendix A to the CFATS rule, a final list of 
over 300 Chemicals of Interest (COI) that pose significant risks to 
human life or health if released, stolen or diverted, or sabotaged or 
contaminated. DHS also adopted some additional provisions that clarify 
how Appendix A is to be applied under CFATS. See 72 FR 65396. 
Publication of the Appendix A regulations brought the CFATS interim 
final rule into full effect.
    On December 18, 2014, the President signed into law the Protecting 
and Securing Chemical Facilities from Terrorist Attacks Act of 2014, 
(``the Act'') (Pub. L. 113-254 (6 U.S.C. 621 et seq.), which authorizes 
the CFATS program. The Act supersedes Section 550 of the Department of 
Homeland Security Appropriations Act of 2007, Public Law 109-295, as 
amended, under which the CFATS program was originally established in 
April 2007. The CFATS regulations, 6 CFR part 27, remain in effect. 
Under CFATS, any chemical facility (other than certain facilities 
expressly exempted by statute) that possesses any COI at or above the 
threshold amounts (applicable Screening Threshold Quantity (STQ) or 
minimum concentration) specified in Appendix A for that COI must 
complete and submit to DHS through the Chemical Security Assessment 
Tool (CSAT) \1\ certain information (the ``Top-Screen'').
---------------------------------------------------------------------------

    \1\ CSAT is an information technology system primarily designed 
to collect facility information through specific applications for 
submitting Top-Screens, Security Vulnerability Assessments (SVAs), 
Site Security Plans (SSPs), and Alternative Security Programs 
(ASPs). See 6 CFR 27.105.
---------------------------------------------------------------------------

II. Scope of Roundtable Discussion and Listening Session

    DHS is interested in obtaining information and recommendations from 
the public on Appendix A. Comments and recommendations are welcomed on 
all aspects of CFATS Appendix A;

[[Page 62505]]

however, DHS is particularly interested in hearing about the following 
topics:
     The possible addition of chemicals to, and/or the deletion 
or modification of COI currently listed in Appendix A;
     The applicability and/or modification of any Screening 
Threshold Quantities (STQ) or minimum concentrations;
     Concentration and mixtures rules associated with Appendix 
A, which are described in 6 CFR 27.204;
     Isotopic variants to include comments on Chemical Abstract 
Service (CAS) Registry Numbers and nomenclature;
     The classification of COI within different security 
issues, to include the potential for re-designating certain chemicals 
now listed solely as release flammable so they are listed solely as 
toxic or as toxic and flammable; and
     Criteria for ``counting rules'' for screening threshold 
quantities to include clarification on how to determine if a COI is in 
transportation.

III. Written Comments

A. General

    All interested persons, even those who are unable to attend the 
roundtable discussion and/or public listening session in-person, may 
submit written comments, data, or views on how Appendix A of the 
current CFATS regulations, 6 CFR part 27, might be improved. Please 
explain the reason for any comments and include other information or 
authority that supports such comments. Feedback that simply states that 
a stakeholder feels strongly that DHS should modify the Appendix A COI 
list will not enable the Department to adequately evaluate the 
commenter's concern, nor could DHS propose possible changes to address 
the commenter's feedback. Therefore the Department requests that 
commenters provide actionable data, including how the proposed change 
would impact the costs and benefits of CFATS, to allow the Department 
to fully consider the commenter's comment and recommendation.
    Written comments may be submitted electronically or by mail, as 
explained previously in the ADDRESSES section of this Notice. To avoid 
duplication, please use only one of these methods to submit written 
comments. Written comments will not be accepted at this public meeting.
    Except as provided below, all comments received, as well as 
pertinent background documents, will be posted without change to http://www.regulations.gov, including any personal information provided. All 
submissions must include the agency name and docket number for this 
rulemaking. For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov.

B. Handling of Confidential, Sensitive and Chemical-Terrorism 
Vulnerability Information

    Interested parties are encouraged to submit comments in a manner 
that avoids discussion of trade secrets, confidential commercial or 
financial information, Chemical-terrorism Vulnerability Information 
(CVI), or any other category of sensitive information that should not 
be disclosed to the general public. If it is not possible to avoid such 
discussion, however, please specifically identify any confidential or 
sensitive information contained in the comments with appropriate 
warning language (e.g., any CVI must be marked and handled in 
accordance with the requirements of 6 CFR 27.400(f)), and submit them 
by mail to the individual listed in the FOR FURTHER INFORMATION CONTACT 
section.
    DHS will not place any identifiable confidential or sensitive 
comments in the public docket; rather, DHS will handle them in 
accordance with applicable safeguards and restrictions on access. See 
e.g., 6 CFR 27.400. See also the DHS CVI Procedural Manual, 
``Safeguarding Information Designated as CVI,'' September 2008, located 
on the DHS Web site at: www.dhs.gov/critical-infrastructure-chemical-security. DHS will hold any such comments in a separate file to which 
the public does not have access and place a note in the public docket 
that DHS has received such materials from the commenter. DHS will 
provide appropriate access to such comments upon request to individuals 
who meet the applicable legal requirements for access to such 
information.

IV. Roundtable Discussion and Listening Session

A. Purpose

    The Department will hold a public roundtable discussion and 
listening session to solicit the public's views and recommendations on 
how the current Appendix A COI list might be improved.

B. Procedures and Participation

    This meeting is open to the public. DHS will use sign-in sheets to 
voluntarily collect contact information from the attending public and 
to properly log oral comments received during the two sessions. 
Providing contact information will be voluntary, and members of the 
public also may make anonymous oral comments. Seating may be limited, 
but session organizers will make every effort to accommodate all 
participants. Please note that members of the public who participate 
through the listen-only webinar may log in as a guest on the Homeland 
Security Information Network. This log in does not require your full 
name or a password. As previously stated, comments will not be accepted 
through the webinar. If you wish to submit a written comment please 
submit through the methods identified in the ADDRESSES section. The 
roundtable discussion is intended for technical experts, who have a 
scientific, security, regulatory or other background to discuss the 
proposed topics regarding Appendix A at an expert level. However, 
individuals who are not technical experts (or who do not meet the other 
criteria) may still attend and participate in the meeting. The 
listening session is intended to afford the public an opportunity to 
provide comments to the Department concerning CFATS and the Appendix A. 
For the listening session, comments are requested not to exceed four 
minutes at a time to enable all interested attendees an opportunity to 
provide comment. Should time permit, commenters who need additional 
time may be invited to complete their comments. The listening session 
may adjourn early if all commenters present have had the opportunity to 
speak prior to the scheduled conclusion of the session. Participants 
who speak will be asked to provide their name, title, company and 
stakeholder segment (i.e. chemical producers, chemical storage 
companies, agricultural supply companies, state and local regulators, 
chemical critical infrastructure owners and operators, etc.). Notes 
from the listening session will be posted at http://www.regulations.gov. The public roundtable discussion and listening 
session also may be recorded to support the note-taking effort.
    DHS will place a transcript of the public meeting in the docket for 
this rulemaking.
    In addressing these topics, DHS encourages interested parties to 
provide specific data that documents the costs, burdens, and benefits 
of the current regulatory approach. Commenters also might address how 
DHS can best obtain and consider accurate, objective information and 
data about the costs, burdens, and benefits of Appendix A, and whether 
there are lower cost alternatives that would to allow the

[[Page 62506]]

Department to continue to achieve its security goals consistent with 
the law.

David M. Wulf,
Director for Infrastructure Security Compliance Division, Department of 
Homeland Security.
[FR Doc. 2015-26200 Filed 10-15-15; 8:45 am]
 BILLING CODE 9110-9P-P