[Federal Register Volume 82, Number 67 (Monday, April 10, 2017)]
[Notices]
[Pages 17270-17273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07191]


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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2017-0014]


Notice of Request for Revision to and Extension of a Currently 
Approved Information Collection for the Chemical Facility Anti-
Terrorism Standards

AGENCY: National Protection and Programs Directorate, DHS.

ACTION: 60-Day notice and request for comments; revision of Information 
Collection Request: 1670-0014.

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    Authority: 6 U.S.C. 621-629.

SUMMARY: The Department of Homeland Security (DHS or the Department), 
National Protection and Programs Directorate (NPPD), Office of 
Infrastructure Protection (IP), Infrastructure Security Compliance 
Division (ISCD), will submit the following Information Collection 
Request 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). DHS proposes to renew and revise this 
information collection to update the burden for some of the instruments 
for this collection and also proposes the addition of a new instrument 
to this collection.

DATES: Comments are encouraged and will be accepted until June 9, 2017. 
This process is conducted in accordance with 5 CFR 1320.8.

ADDRESSES: Interested persons are invited to submit comments on the 
proposed revision to, and extension of, this approved information 
collection through the Federal eRulemaking Portal at http://www.regulations.gov. All submissions received must include the words 
``Department of Homeland Security'' and the docket number DHS-2017-
0014. Except as provided below, 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, Chemical-terrorism Vulnerability Information,\1\ 
Sensitive Security Information (SSI),\2\ or Protected Critical 
Infrastructure Information (PCII) \3\ 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 packaged in accordance with 
applicable requirements and submitted by mail to the DHS/NPPD/IP/ISCD 
Chemical Facility Anti-Terrorism Standards (CFATS) Program Manager at 
the Department of Homeland Security, 245 Murray Lane SW., Mail Stop 
0610, Arlington, VA 20528-0610.
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    \1\ For more information about CVI see 6 CFR 27.400 and the CVI 
Procedural Manual at http://www.dhs.gov/xlibrary/assets/chemsec_cvi_proceduresmanual.pdf.
    \2\ For more information about SSI see 49 CFR part 1520 and the 
SSI Program Web page at http://www.tsa.gov.
    \3\ For more information about PCII see 6 CFR part 29 and the 
PCII Program Web page at http://www.dhs.gov/protected-critical-infrastructure-information-pcii-program.

FOR FURTHER INFORMATION CONTACT: Questions and requests for additional 
information may be directed to the CFATS Program Manager via email at 
_____________________________________-
[email protected] or telephone at (866) 323-2957.

SUPPLEMENTARY INFORMATION: Section 550 of the Homeland Security 
Appropriations Act of 2007, Public Law 109-295 (2006), provided the 
Department 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. 
In December of 2014, the President signed into law the Protecting and 
Securing Chemical Facilities from Terrorist Attacks Act of 2014 (also 
known as the CFATS Act of 2014), Public Law 113-254, which authorized 
CFATS program in the Homeland Security Act of 2002, as amended, Public 
Law 107-296.\4\
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    \4\ Section 2 of the CFATS Act of 2014 adds a new Title XXI to 
the Homeland Security Act of 2002. Title XXI contains new sections 
numbered 2101 through 2109. Citations to the Homeland Security Act 
of 2002 throughout this document reference those sections of Title 
XXI. In addition to being found in amended versions of the Homeland 
Security Act of 2002, those sections of Title XXI can also be found 
in section 2 of the CFATS Act of 2014, or in 6 U.S.C. 621-629.
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    The CFATS regulation governs the security at covered chemical 
facilities that have been determined, by the Department, to be at high 
risk for terrorist attack. 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. The 
regulations were designed, in collaboration with the private sector and 
other stakeholders, to take advantage of protective measures already in 
place and to allow facilities to employ a wide

[[Page 17271]]

range of tailored measures to satisfy the regulations' Risk-Based 
Performance Standards. The Department collects the core regulatory data 
necessary to implement CFATS through the portions of the Chemical 
Security Assessment Tool (CSAT) \5\ covered under a different 
information collection (1670-0007). In September 2016, after approval 
by OMB of information collection 1670-0007, the Department deployed a 
major update to the CSAT system which incorporated new efficiencies by 
improving workflow and eliminating duplication of information 
collected. As a result, the Department proposes revisions to the burden 
of some instruments in this collection (1670-0014) based primarily upon 
on data from 2014-1206 and, in part, on new efficiencies that were 
previously unavailable in the CSAT system.
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    \5\ For more information about CFATS and CSAT, you may access 
www.dhs.gov/chemicalsecurity. The current information collection for 
CSAT (IC 1670-0007) will expire on July 31, 2019.
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    The proposed revisions for this collection are summarized below:
     This request contains a name change for two previously 
approved instruments to clarify the functional purpose of both 
instruments. Specifically, ``Request for a Technical Consultation'' has 
been changed to ``Compliance Assistance'' and ``Notification of New 
Top-Screen'' has been changed to ``Top-Screen Update.'' No other 
revisions to the instruments are proposed.
     The ``Request for Redetermination'' instrument provides a 
variety of possible reasons that facilities may select to support the 
justification for a redetermination request. The Department proposes to 
amend this instrument to allow facilities to select from a list of 
possible reasons to support a request for redetermination.
     This request proposes the addition of a new instrument 
titled ``Declaration of Reporting Status'' which allows a chemical 
facility to notify the Department that it is not required to register 
in CSAT or submit a Top-Screen.

The Department's Methodology in Estimating the Burden for the Request 
for Redetermination

Number of Respondents

    The current information collection estimated that 625 respondents 
would submit a request for a Request for Redetermination annually. 
Based on data collected between Calendar Year (CY) 2014-2016, 680 
respondents, on average, submitted a Request for Redetermination 
annually. Because this figure reasonably aligns with the Department's 
prior estimate of 625 respondents, the Department will retain the 
current information collection estimate of 625 respondents for this 
instrument.

Estimated Time per Respondent

    In the current information collection, the estimated time per 
respondent to prepare and submit a Request for Redetermination is 0.25 
hours (15 minutes). Based upon the Department's day-to-day informal 
discussions with respondents, the Department believes that a reasonable 
burden for gathering and providing supporting documentation continues 
to be 0.25 hours and will retain this estimate.

Annual Burden Hours

    The annual burden hours for a Request for Redetermination is [0.25 
hours x 625 respondents x 1 response per respondent], which equals 
156.25 hours.

Total Capital/Startup Burden Cost

    The Department provides access to CSAT free of charge and assumes 
that each respondent already has computer hardware and access to the 
internet for basic business needs. Therefore, there are no annualized 
capital or start-up costs incurred by chemical facilities of interest 
or high-risk chemical facilities for this information collection.

Total Recordkeeping Burden

    There are no recordkeeping burden costs incurred by chemical 
facilities of interest or high-risk chemical facilities for this 
information collection.\6\
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    \6\ The recordkeeping burden for facilities under CFATS is 
accounted for by the Department under the CSAT Information 
Collection No. 1670-0007.
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Total Annual Burden Cost

    The Department assumes that Site Security Officers (SSOs) are 
responsible for submitting a Request for Redetermination. For the 
purpose of this notice, the Department maintains this assumption.
    Therefore, to estimate the total annual burden, the Department 
multiplied the annual burden of 156.25 hours by the average hourly wage 
rate of SSOs of $67.72 per hour.\7\ Therefore, the total annual burden 
cost for the Request for Redetermination instrument is $10,581.25 
[156.25 total annual burden hours x $67.72 per hour which equals 
$10,581.25].
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    \7\ As in the currently approved collection, the Department 
assumes that SSOs are responsible for submitting the instruments 
associated with this collection. This notice uses the labor rate for 
SSOs used by the Department for the recently approved CSAT IC 1670-
0007. The Department describes the labor rate in the 60-day PRA 
notice found at in 80 FR 72086 (Nov. 18, 2015).
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The Department's Methodology in Estimating the Burden for the Request 
for an Extension

Number of Respondents

    The current information collection estimated that 185 respondents 
would submit a request for a Request for an Extension annually. Based 
on data collected between CY 2014-2016, 730 of respondents, on average, 
submitted a Request for an Extension annually. In light of the increase 
in annual requests for redeterminations received, for the last three 
years, the Department proposes to revise the estimated number of 
respondents for this instrument to 730 respondents.

Estimated Time per Respondent

    In the current information collection, the estimated time per 
respondent to prepare and submit a Request for an Extension is 0.25 
hours (15 minutes). During 2016, the Department updated CSAT and 
incorporated an automated feature to collect this information 
electronically. In addition, based on this change and the Department's 
informal day-to-day interactions with respondents on the new 
implementation of CSAT, the Department believes that a reasonable 
burden for gathering and providing supporting documentation is now 0.08 
hours (5 minutes) for this instrument.

Annual Burden Hours

    The annual burden hours for the Request for an Extension is [0.08 
hours x 730 respondents x 1 response per respondent], which equals 
58.40 hours.

Total Capital/Startup Burden Cost

    The Department provides access to CSAT free of charge and assumes 
that each respondent already has computer hardware and access to the 
internet for basic business needs. Therefore, there are no annualized 
capital or start-up costs incurred by chemical facilities of interest 
or high-risk chemical facilities for this information collection.

Total Recordkeeping Burden

    There are no recordkeeping burden costs incurred by chemical 
facilities of interest or high-risk chemical facilities for this 
information collection.\8\
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    \8\ See footnote 6.
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Total Annual Burden Cost

    The Department assumes that SSOs are responsible for submitting a 
Request for an Extension. For the purpose of this notice, the 
Department maintains this

[[Page 17272]]

assumption. Therefore, to estimate the total annual burden, the 
Department multiplied the annual burden of 58.40 hours by the average 
hourly wage rate of SSOs of $67.72 per hour. Therefore, the total 
annual burden cost for a Request for an Extension instrument is 
$3,954.85 [[58.40 hours x $67.72 per hour], which equals $3,954.85].

Top-Screen Update

Number of Respondents

    The current information collection estimated that 1,250 respondents 
would submit a request for a Top-Screen Update annually. Based on data 
collected between CY 2014-2016, 1,250 of respondents, on average, 
submitted a Top-Screen Update annually. Because the annual average 
aligns with the Department's originally estimated threshold, the 
Department will retain the currently approved estimate of 1,250 
respondents for this instrument.

Estimated Time per Respondent

    In the current information collection, the estimated time per 
respondent to prepare and submit a Top-Screen Update is 0.25 hours. 
During 2016, the Department updated CSAT and incorporated an automated 
feature to collect this information electronically. In addition, based 
on this change and the Department's informal day-to-day interactions 
with respondents on the new implementation of CSAT, the Department 
believes that a reasonable burden for gathering and providing 
supporting documentation is now 0.08 hours (5 minutes) for this 
instrument.

Annual Burden Hours

    The annual burden hours for a Top-Screen Update is [0.08 hours x 
1,250 respondents x 1.5 responses per respondent], which equals 150 
hours.

Total Capital/Startup Burden Cost

    The Department provides access to CSAT free of charge and assumes 
that each respondent already has computer hardware and access to the 
internet for basic business needs. Therefore, there are no annualized 
capital or start-up costs incurred by chemical facilities of interest 
or high-risk chemical facilities for this information collection.

Total Recordkeeping Burden

    There are no recordkeeping burden costs incurred by chemical 
facilities of interest or high-risk chemical facilities for this 
information collection.\9\
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    \9\ See footnote 6.
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Total Annual Burden Cost

    The Department assumes that SSOs are responsible for submitting a 
Top-Screen Update. For the purpose of this notice, the Department 
maintains this assumption. Therefore, to estimate the total annual 
burden, the Department multiplied the annual burden of 150 hours by the 
average hourly wage rate of SSOs of $67.72 per hour. Therefore, the 
total annual burden cost for the Top-Screen Update instrument is 
$10,158.00 [150 total annual burden hours x $67.72 per hour], which 
equals $10,158.00].

The Department's Methodology in Estimating the Burden for the 
Compliance Assistance

Number of Respondents

    The current information collection estimated that 185 respondents 
would submit a request for a Compliance Assistance annually. Based on 
data collected between CY 2014-2016, 455 of respondents, on average, 
submitted a request for Compliance Assistance annually. In light of the 
recent increase in annual requests for Compliance Assistance, the 
Department proposes to revise the estimated number of respondents for 
this instrument to 455 respondents.

Estimated Time per Respondent

    In the current information collection, the estimated time per 
respondent to prepare and submit a Compliance Assistance is 0.25 hours 
(approximately 15 minutes). However, based on the Department's informal 
day-to-day interactions with respondents and past reviews of Compliance 
Assistance requests, the Department believes that a reasonable burden 
for gathering and providing supporting documentation is now 0.08 hours 
(5 minutes) for this instrument.

Annual Burden Hours

    The annual burden hours for the Compliance Assistance is [0.08 
hours x 455 respondents x 1.5 responses per respondent], which equals 
54.60 hours.

Total Capital/Startup Burden Cost

    The Department assumes that each respondent already has computer 
hardware and access to the internet for basic business needs. 
Therefore, there are no annualized capital or start-up costs incurred 
by chemical facilities of interest or high-risk chemical facilities for 
this information collection.

Total Recordkeeping Burden

    There are no recordkeeping burden costs incurred by chemical 
facilities of interest or high-risk chemical facilities for this 
information collection.\10\
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    \10\ See footnote 6.
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Total Annual Burden Cost

    The Department assumes that SSOs are responsible for submitting a 
Compliance Assistance. For the purpose of this notice, the Department 
maintains this assumption. Therefore, to estimate the total annual 
burden, the Department multiplied the annual burden of 111.38 hours by 
the average hourly wage rate of SSOs of $67.72 per hour. Therefore, the 
total annual burden cost for the Compliance Assistance instrument is 
$3,697.51 [[54.60 total annual burden hours x $67.72 per hour], which 
equals $3,697.51].

The Department's Methodology in Estimating the Burden for the 
Declaration of Reporting Status

    This is a new instrument that a facility is not required to use. 
This instrument, if approved, will allow a chemical facility of 
interest to notify the Department that it is not required to register 
in CSAT or submit a Top-Screen.

Number of Respondents

    The Department estimates that the number of annual respondents to 
this instrument will be 480 respondents. This estimate is based on the 
number of potential chemical facilities of interest that were 
identified from CY 2014-2016 that may have needed to submit additional 
information. This information would have aided the Department in 
determining if the chemical facilities of interest had properly 
reported or needed to be eliminated from having to report under CFATS.

Estimated Time per Respondent

    This instrument will request information from chemical facilities 
about their business operations to allow the Department to identify 
whether the facility is a chemical facility of interest that may be 
excluded from coverage by the CFATS Program. Information collected 
includes whether the facility possesses Chemicals of Interest (COI) 
that meet or exceed the Screening Threshold Quantity (STQ) described in 
Appendix A of the CFATS regulation and whether the facility is 
statutorily excluded from reporting. The Department expects the 
estimated time per respondent to prepare and submit a Declaration of 
Reporting Status is 0.25 hours (15 minutes).

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Annual Burden Hours

    The annual burden hours for the Declaration of Reporting Status is 
[0.25 hours x 480 respondents x 1 response per respondent], which 
equals 120 hours.

Total Capital/Startup Burden Cost

    The Department assumes that each respondent already has computer 
hardware and access to the internet for basic business needs. 
Therefore, there are no annualized capital or start-up costs incurred 
by chemical facilities of interest or high-risk chemical facilities for 
this information collection.

Total Recordkeeping Burden

    There is no recordkeeping burden for this instrument is de minimus 
as estimated by the Department for similar instruments under the CSAT 
Information Collection (IC No. 1670-0007).

Total Annual Burden Cost

    The Department maintains the assumption found in the other 
instruments within this Information Collection that SSOs are 
responsible for submitting information to the Department. Thus, the 
Department assumes that an SSO will submit the Declaration of Reporting 
Status.
    Therefore, to estimate the total annual burden, the Department 
multiplied the annual burden of 120 hours by the average hourly wage 
rate of SSOs of $67.72 per hour. Therefore, the total annual burden 
cost for the Declaration of Reporting Status instrument is $8,126.40 
[120 total annual burden hours x $67.72 per hour], which equals 
$8,126.40].
    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).

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).
    OMB Number: 1670-0014.
    Instrument: Request for Redetermination.
    Frequency: ``On occasion'' and ``Other''.
    Affected Public: Business or other for-profit.
    Number of Respondents: 625 respondents.
    Estimated Time per Respondent: 0.25 hours.
    Total Burden Hours: 156.25 annual burden hours.
    Total Burden Cost (capital/startup): $0.
    Total Recordkeeping Burden: $0.
    Total Burden Cost: $10,581.25.

    Instrument: Request for an Extension.
    Frequency: ``On occasion'' and ``Other''.
    Affected Public: Business or other for-profit.
    Number of Respondents: 730 respondents.
    Estimated Time per Respondent: 0.08 hours.
    Total Burden Hours: 58.40 annual burden hours.
    Total Burden Cost (capital/startup): $0.
    Total Recordkeeping Burden: $0.
    Total Burden Cost: $3,954.85.

    Instrument: Top-Screen Update.
    Frequency: ``On occasion'' and ``Other''.
    Affected Public: Business or other for-profit.
    Number of Respondents: 1,250 respondents.
    Estimated Time per Respondent: 0.08 hour.
    Total Burden Hours: 150 hours.
    Total Burden Cost (capital/startup): $0.
    Total Recordkeeping Burden: $0.
    Total Burden Cost: $10,158.00.

    Instrument: Compliance Assistance.
    Frequency: ``On occasion'' and ``Other''.
    Affected Public: Business or other for-profit.
    Number of Respondents: 455 respondents.
    Estimated Time per Respondent: 0.08 hours.
    Total Burden Hours: 54.60 annual burden hours.
    Total Burden Cost (capital/startup): $0.
    Total Recordkeeping Burden: $0.
    Total Burden Cost: $3,697.51.

    Instrument: Declaration of Reporting Status.
    Frequency: ``On occasion'' and ``Other''.
    Affected Public: Business or other for-profit.
    Number of Respondents: 480 respondents.
    Estimated Time per Respondent: 0.25 hours.
    Total Burden Hours: 120 annual burden hours.
    Total Burden Cost (capital/startup): $0.
    Total Recordkeeping Burden: $0.
    Total Burden Cost: $8,126.40.

    Dated: March 4, 2017.
Ryan Comber,
Acting Chief Information Officer, National Protection and Programs 
Directorate, Department of Homeland Security.
[FR Doc. 2017-07191 Filed 4-7-17; 8:45 am]
 BILLING CODE 9110-09-P