National Protection and Programs Directorate; Notice of Availability of Risk-Based Performance Standards Guidance for the Chemical Facility Anti-Terrorism Standards, 63719-63720 [E8-25596]

Download as PDF Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Notices reasonable accommodations, is also asked to contact the Executive Secretary. Under authority of 42 U.S.C. 217a, Section 222 of the Public Health Service Act, as amended, the Department of Health and Human Services established SACGHS to serve as a public forum for deliberations on the broad range of human health and societal issues raised by the development and use of genetic and genomic technologies and, as warranted, to provide advice on these issues. The draft meeting agenda and other information about SACGHS, including information about access to the Web cast, will be available at the following Web site: https:// www4.od.nih.gov/oba/sacghs.htm. Dated: October 20, 2008. Jennifer Spaeth, Director, NIH Office of Federal Advisory Committee Policy. [FR Doc. E8–25485 Filed 10–24–08; 8:45 am] BILLING CODE 4140–01–P DEPARTMENT OF HOMELAND SECURITY [Docket No. DHS–2006–0073] National Protection and Programs Directorate; Notice of Availability of Risk-Based Performance Standards Guidance for the Chemical Facility Anti-Terrorism Standards National Protection and Programs Directorate, DHS. ACTION: Notice of availability; request for comments. AGENCY: SUMMARY: The Department of Homeland Security (DHS) is accepting comments on the draft ‘‘Risk-Based Performance Standards’’ Guidance associated with the Chemical Facility Anti-Terrorism Standards. Comments must be received by November 26, 2008. ADDRESSES: Comments must be identified by docket number DHS– 2006–0073 and may be submitted by one of the following methods: • Federal Rulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Mail: Dennis Deziel, U.S. Department of Homeland Security, National Protection and Programs Directorate, Office of Infrastructure Protection, Infrastructure Security Compliance Division, Mail Stop 8100, Washington, DC 20528. FOR FURTHER INFORMATION CONTACT: Dennis Deziel, Office of Infrastructure Protection, Mail Stop 8100, Washington, mstockstill on PROD1PC66 with NOTICES DATES: VerDate Aug<31>2005 17:13 Oct 24, 2008 Jkt 217001 DC 20528, telephone number (703) 235– 5263. SUPPLEMENTARY INFORMATION: I. Public Participation DHS invites interested persons to contribute suggestions and comments on the draft document entitled ‘‘RiskBased Performance Standards Guidance’’ (RBPS Guidance) by submitting written data, views, or arguments. Comments that will provide the most assistance to DHS will explain the reason for any recommended changes to the RBPS Guidance and include data, information, or authority that supports such recommended changes. DHS requests that commenters identify the proposed changes by page and line number, and/or by Figure or Table number. The RBPS Guidance can be viewed or downloaded at https:// www.dhs.gov/chemicalsecurity and https://www.regulations.gov. Instructions: All submissions received must include the agency name and docket number for this action. All comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. You may submit your comments and material by one of the methods specified in the ADDRESSES section above. Please submit your comments and any supporting material by only one means to avoid the receipt and review of duplicate submissions. If you submit comments by mail, your submission should be an unbound document and no larger than 8.5 by 11 inches to enable copying and electronic document management. Docket: The RBPS Guidance and any comments received can be viewed at https://www.regulations.gov by searching the docket number referenced above. II. Background In Section 550 of the Homeland Security Appropriations Act of 2007 (Pub. L. 109–295) (Section 550), Congress gave DHS regulatory authority over security at high-risk chemical facilities. Section 550 instructed DHS to require all high-risk chemical facilities to complete Security Vulnerability Assessments (SVAs), develop Site Security Plans (SSPs), and implement protective measures necessary to meet DHS-defined risk-based performance standards. Pursuant to its congressional mandate, DHS promulgated the Chemical Facility Anti-Terrorism Standards (CFATS), 6 CFR Part 27, the interim final regulations setting forth the requirements that high risk (i.e., ‘‘covered’’) chemical facilities must PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 63719 meet to comply with the Act. See 72 FR 17688 (Apr. 9, 2007). Among other things, CFATS establishes eighteen Risk-Based Performance Standards (RBPSs), which identify the areas for which DHS will examine a high-risk facility’s security posture; they include perimeter security, access control, personnel surety, and cyber security. To meet the RBPSs, covered facilities may choose whatever security programs or processes they deem appropriate, so long as DHS determines that those measures achieve the requisite level of performance in each applicable area. The programs and processes a high-risk facility ultimately chooses to implement to meet these standards must be described in the facility’s SSP or, if the facility chooses, in an Alternative Security Program (ASP) that meets the requirements of Section 550 and CFATS. It is through a review of the SSP (or ASP), combined with an on-site inspection, that DHS will determine whether or not a high-risk facility has met the requisite levels of performance established by the RBPSs, given the facility’s individual circumstances. As required by 6 CFR 27.230(a), DHS has developed the RBPS Guidance to assist high-risk chemical facilities in selecting and implementing appropriate protective measures and practices to meet the applicable RBPSs. The draft RBPS Guidance describes the general level of performance that facilities in each of the risk-based tiers created by CFATS should strive to achieve under each RBPS. It also seeks to help facilities comply with CFATS by describing in greater detail the eighteen RBPSs enumerated in CFATS, and by providing examples of various security measures and practices that facilities could consider to achieve the desired level of performance for each RBPS at each tier. The draft RBPS Guidance reflects DHS’s current views on certain aspects of the RBPSs and does not have the force or effect of law. The specific security measures and practices discussed in this document are neither mandatory nor necessarily the ‘‘preferred solution’’ for complying with the RBPSs. Rather, they are examples of measures and practices that a high risk facility may choose to consider as part of its overall strategy to address the RBPSs. High-risk facility owners/ operators have the option to choose and implement other measures to meet the RBPSs based on the facility’s circumstances, including its tier level, security issues and risks, physical and operating environments, and other appropriate factors, so long as DHS determines that the suite of measures E:\FR\FM\27OCN1.SGM 27OCN1 63720 Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Notices implemented achieves the levels of performance established by the RBPSs. DHS seeks comment on the draft RBPS Guidance document, which is available online at https://www.dhs.gov/ chemicalsecurity and https:// www.regulations.gov. Based on the comments received, DHS may make appropriate revisions to the RBPS Guidance. In that event, DHS will make available a revised RBPS Guidance at https://www.dhs.gov/chemicalsecurity and https://www.regulations.gov. Robert B. Stephan, Assistant Secretary for Infrastructure Protection, Department of Homeland Security. [FR Doc. E8–25596 Filed 10–24–08; 8:45 am] BILLING CODE 4410–10–P DEPARTMENT OF HOMELAND SECURITY Coast Guard [USCG–2008–1036] Information Collection Requests to Office of Management and Budget; OMB Control Numbers: 1625–0079 and 1625–0088 Coast Guard, DHS. Sixty-day notice requesting comments. AGENCY: mstockstill on PROD1PC66 with NOTICES ACTION: SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit Information Collection Requests (ICRs) and Analyses to the Office of Management and Budget (OMB) requesting an extension of their approval for the following collections of information: (1) 1625–0079, Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1995 and 1997 Amendments to the International Convention; and (2) 1625– 0088, Voyage Planning for Tank Barge Transits in the Northeast United States. Before submitting these ICRs to OMB, the Coast Guard is inviting comments as described below. DATES: Comments must reach the Coast Guard on or before December 26, 2008. ADDRESSES: To avoid duplicate submissions to the docket [USCG–2008– 1036], please use only one of the following means: (1) Online: https:// www.regulations.gov. (2) Mail: Docket Management Facility (DMF) (M–30), U.S. Department of Transportation (DOT), West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590–0001. VerDate Aug<31>2005 17:13 Oct 24, 2008 Jkt 217001 (3) Hand deliver: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366–9329. (4) Fax: 202–493–2251. The DMF maintains the public docket for this notice. Comments and material received from the public, as well as documents mentioned in this notice as being available in the docket, will become part of this docket and will be available for inspection or copying at room W12–140 on the West Building Ground Floor, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find this docket on the Internet at https://www.regulations.gov. Copies of the completed ICRs are available through this docket on the Internet at https://www.regulations.gov. Additionally, copies are available from Commandant (CG–611), U.S. Coast Guard Headquarters, (Attn: Mr. Arthur Requina), 2100 2nd Street SW., Washington, DC 20593–0001. The telephone number is 202–475–3523. FOR FURTHER INFORMATION CONTACT: Mr. Arthur Requina, Office of Information Management, telephone 202–475–3523, or fax 202–475–3929, for questions on these documents. Contact Ms. Renee V. Wright, Program Manager, Docket Operations, 202–366–9826, for questions on the docket. SUPPLEMENTARY INFORMATION: Public Participation and Request for Comments The Coast Guard invites comments on whether this information collection request should be granted based on it being necessary for the proper performance of Departmental functions. In particular, the Coast Guard would appreciate comments addressing: (1) The practical utility of the collections; (2) the accuracy of the estimated burden of the collections; (3) ways to enhance the quality, utility, and clarity of information subject to the collections; and (4) ways to minimize the burden of collections on respondents, including the use of automated collection techniques or other forms of information technology. We encourage you to respond to this request by submitting comments and related materials. We will post all comments received, without change, to https://www.regulations.gov. They will include any personal information you provide. We have an agreement with DOT to use their DMF. Please see the ‘‘Privacy Act’’ paragraph below. Submitting comments: If you submit a comment, please include the docket PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 number [USCG–2008–1036], indicate the specific section of the document to which each comment applies, providing a reason for each comment. We recommend you include your name, mailing address, an e-mail address, or other contact information in the body of your document so that we can contact you if we have questions regarding your submission. You may submit your comments and material by electronic means, mail, fax, or delivery to the DMF at the address under ADDRESSES; but please submit them by only one means. If you submit them by mail or delivery, submit them in an unbound format, no larger than 8–1⁄2 by 11 inches, suitable for copying and electronic filing. If you submit them by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. We may change the documents supporting this collection of information or even the underlying requirements in view of them. Viewing comments and documents: Go to https://www.regulations.gov to view documents mentioned in this Notice as being available in the docket. Enter the docket number [USCG–2008– 1036] in the Search box, and click, ‘‘Go>>.’’ You may also visit the DMF in room W12–140 on the West Building Ground Floor, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Privacy Act: Anyone can search the electronic form of all comments received in dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act statement regarding our public dockets in the January 17, 2008 issue of the Federal Register (73 FR 3316). Information Collection Requests 1. Title: Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1995 and 1997 Amendments to the International Convention. OMB Control Number: 1625–0079. Summary: This information is necessary to ensure compliance with the international requirements of the STCW Convention, and to maintain an acceptable level of quality in activities associated with training and assessment of merchant mariners. Need: 46 U.S.C. chapter 71 authorizes the Coast Guard to issue regulations related to licensing of merchant mariners. These regulations are E:\FR\FM\27OCN1.SGM 27OCN1

Agencies

[Federal Register Volume 73, Number 208 (Monday, October 27, 2008)]
[Notices]
[Pages 63719-63720]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25596]


=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2006-0073]


National Protection and Programs Directorate; Notice of 
Availability of Risk-Based Performance Standards Guidance for the 
Chemical Facility Anti-Terrorism Standards

AGENCY: National Protection and Programs Directorate, DHS.

ACTION: Notice of availability; request for comments.

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

SUMMARY: The Department of Homeland Security (DHS) is accepting 
comments on the draft ``Risk-Based Performance Standards'' Guidance 
associated with the Chemical Facility Anti-Terrorism Standards.

DATES: Comments must be received by November 26, 2008.

ADDRESSES: Comments must be identified by docket number DHS-2006-0073 
and may be submitted by one of the following methods:
     Federal Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Dennis Deziel, U.S. Department of Homeland Security, 
National Protection and Programs Directorate, Office of Infrastructure 
Protection, Infrastructure Security Compliance Division, Mail Stop 
8100, Washington, DC 20528.

FOR FURTHER INFORMATION CONTACT: Dennis Deziel, Office of 
Infrastructure Protection, Mail Stop 8100, Washington, DC 20528, 
telephone number (703) 235-5263.

SUPPLEMENTARY INFORMATION:

I. Public Participation

    DHS invites interested persons to contribute suggestions and 
comments on the draft document entitled ``Risk-Based Performance 
Standards Guidance'' (RBPS Guidance) by submitting written data, views, 
or arguments. Comments that will provide the most assistance to DHS 
will explain the reason for any recommended changes to the RBPS 
Guidance and include data, information, or authority that supports such 
recommended changes. DHS requests that commenters identify the proposed 
changes by page and line number, and/or by Figure or Table number. The 
RBPS Guidance can be viewed or downloaded at https://www.dhs.gov/
chemicalsecurity and https://www.regulations.gov.
    Instructions: All submissions received must include the agency name 
and docket number for this action. All comments received will be posted 
without change to https://www.regulations.gov, including any personal 
information provided. You may submit your comments and material by one 
of the methods specified in the ADDRESSES section above. Please submit 
your comments and any supporting material by only one means to avoid 
the receipt and review of duplicate submissions. If you submit comments 
by mail, your submission should be an unbound document and no larger 
than 8.5 by 11 inches to enable copying and electronic document 
management.
    Docket: The RBPS Guidance and any comments received can be viewed 
at https://www.regulations.gov by searching the docket number referenced 
above.

II. Background

    In Section 550 of the Homeland Security Appropriations Act of 2007 
(Pub. L. 109-295) (Section 550), Congress gave DHS regulatory authority 
over security at high-risk chemical facilities. Section 550 instructed 
DHS to require all high-risk chemical facilities to complete Security 
Vulnerability Assessments (SVAs), develop Site Security Plans (SSPs), 
and implement protective measures necessary to meet DHS-defined risk-
based performance standards.
    Pursuant to its congressional mandate, DHS promulgated the Chemical 
Facility Anti-Terrorism Standards (CFATS), 6 CFR Part 27, the interim 
final regulations setting forth the requirements that high risk (i.e., 
``covered'') chemical facilities must meet to comply with the Act. See 
72 FR 17688 (Apr. 9, 2007). Among other things, CFATS establishes 
eighteen Risk-Based Performance Standards (RBPSs), which identify the 
areas for which DHS will examine a high-risk facility's security 
posture; they include perimeter security, access control, personnel 
surety, and cyber security.
    To meet the RBPSs, covered facilities may choose whatever security 
programs or processes they deem appropriate, so long as DHS determines 
that those measures achieve the requisite level of performance in each 
applicable area. The programs and processes a high-risk facility 
ultimately chooses to implement to meet these standards must be 
described in the facility's SSP or, if the facility chooses, in an 
Alternative Security Program (ASP) that meets the requirements of 
Section 550 and CFATS. It is through a review of the SSP (or ASP), 
combined with an on-site inspection, that DHS will determine whether or 
not a high-risk facility has met the requisite levels of performance 
established by the RBPSs, given the facility's individual 
circumstances.
    As required by 6 CFR 27.230(a), DHS has developed the RBPS Guidance 
to assist high-risk chemical facilities in selecting and implementing 
appropriate protective measures and practices to meet the applicable 
RBPSs. The draft RBPS Guidance describes the general level of 
performance that facilities in each of the risk-based tiers created by 
CFATS should strive to achieve under each RBPS. It also seeks to help 
facilities comply with CFATS by describing in greater detail the 
eighteen RBPSs enumerated in CFATS, and by providing examples of 
various security measures and practices that facilities could consider 
to achieve the desired level of performance for each RBPS at each tier.
    The draft RBPS Guidance reflects DHS's current views on certain 
aspects of the RBPSs and does not have the force or effect of law. The 
specific security measures and practices discussed in this document are 
neither mandatory nor necessarily the ``preferred solution'' for 
complying with the RBPSs. Rather, they are examples of measures and 
practices that a high risk facility may choose to consider as part of 
its overall strategy to address the RBPSs. High-risk facility owners/
operators have the option to choose and implement other measures to 
meet the RBPSs based on the facility's circumstances, including its 
tier level, security issues and risks, physical and operating 
environments, and other appropriate factors, so long as DHS determines 
that the suite of measures

[[Page 63720]]

implemented achieves the levels of performance established by the 
RBPSs.
    DHS seeks comment on the draft RBPS Guidance document, which is 
available online at https://www.dhs.gov/chemicalsecurity and https://
www.regulations.gov. Based on the comments received, DHS may make 
appropriate revisions to the RBPS Guidance. In that event, DHS will 
make available a revised RBPS Guidance at https://www.dhs.gov/
chemicalsecurity and https://www.regulations.gov.

Robert B. Stephan,
Assistant Secretary for Infrastructure Protection, Department of 
Homeland Security.
 [FR Doc. E8-25596 Filed 10-24-08; 8:45 am]
BILLING CODE 4410-10-P
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