Chemical Facility Anti-Terrorism Standards; Guidance for the Expedited Approval Program, 27339-27340 [2015-11503]

Download as PDF Federal Register / Vol. 80, No. 92 / Wednesday, May 13, 2015 / Notices DEPARTMENT OF HOMELAND SECURITY [Docket No. DHS–2015–0020] Homeland Security Advisory Council— Task Force Name Change The Office of Intergovernmental Affairs, DHS. ACTION: Notice of Homeland Security Advisory Council Employee Morale Task Force name change. AGENCY: Schedule The Secretary of the Department of Homeland Security (DHS), Jeh Johnson tasked his Homeland Security Advisory Council (HSAC) to establish a DHS Employee Morale Task Force on Thursday, October 9, 2014. This notice informs the public of a change in name from DHS Employee Morale Task Force to DHS Employee Task Force. The underlying tasking to the Task Force from Secretary Johnson, as published in the Federal Register, [Docket No. DHS–2014–0045], shall remain unchanged. FOR FURTHER INFORMATION CONTACT: Erin Walls, Director, Homeland Security Advisory Council at 202–447–3135 or HSAC@DHS.gov. SUPPLEMENTARY INFORMATION: The Homeland Security Advisory Council provides organizationally independent, strategic, timely, specific, and actionable advice and recommendations for the consideration of the Secretary of the Department of Homeland Security on matters related to homeland security. The Homeland Security Advisory Council is comprised of leaders of local law enforcement, first responders, state and local government, the private sector, and academia. SUMMARY: asabaliauskas on DSK5VPTVN1PROD with NOTICES Tasking The underlying tasking from Secretary Johnson, as published in the Federal Register, [Docket No. DHS–2014–0045], shall remain unchanged. As such, the DHS Employee Task Force (formally referred to as the DHS Employee Morale Task Force) should develop findings and recommendations in the following topic areas. The DHS Employee Task Force should address, among other closely related topics, the following questions: (1) What are the core or root causes of continued low morale in the Department of Homeland Security? (2) How can DHS strengthen its leadership cadre, in order to both enhance mission effectiveness and also increase employee morale? (3) How can DHS work as a whole, across the agency components, to recognize their distinct cultures and build a greater sense of belonging and improve employee VerDate Sep<11>2014 17:27 May 12, 2015 Jkt 235001 morale? (4) Referencing the 2007 HSAC DHS Morale Assessment: which of those recommendations were successfully implemented? For those items that were not but still remain relevant, what changes should be made to increase the likelihood of successful implementation and organizational adoption? The DHS Employee Task Force’s findings and recommendations will be submitted to the Homeland Security Advisory Council for their deliberation and vote during a public meeting. Once the report is approved it will be sent to the Secretary for his review and acceptance. Dated: April 30, 2015. Sarah E. Morgenthau, Executive Director, Homeland Security Advisory Council, DHS. [FR Doc. 2015–11505 Filed 5–12–15; 8:45 am] BILLING CODE 9110–9M–P DEPARTMENT OF HOMELAND SECURITY [Docket No. DHS–2015–0005] RIN 1601–ZA15 Chemical Facility Anti-Terrorism Standards; Guidance for the Expedited Approval Program National Protection and Programs Directorate, DHS. ACTION: Notice of Availability. AGENCY: The Department of Homeland Security (DHS or Department), National Protection and Programs Directorate (NPPD), is issuing guidance to comply with the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014 (the Act). The Act amended the Homeland Security Act of 2002 to require DHS to issue guidance for an Expedited Approval Program that identifies specific security measures sufficient to meet risk-based performance standards established as part of the Chemical Facility AntiTerrorism Standards (CFATS) regulations. SUMMARY: The Guidance for the Expedited Approval Program is effective on June 16, 2015. FOR FURTHER INFORMATION CONTACT: If you have questions about this notice, the Expedited Approval Program, or the guidance document for the Expedited Approval Program, call or email David Wulf, Director, DHS/NPPD/IP/ISCD at CFATS@hq.dhs.gov or via phone at 703–235–5263. Questions may also be directed to Director Wulf by mail at 245 DATES: PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 27339 Murray Lane SW., Mail Stop 0610, Arlington, VA 20528–0610. Questions that include trade secrets, confidential commercial or financial information, Chemical-terrorism Vulnerability Information (CVI),1 Sensitive Security Information (SSI),2 or Protected Critical Infrastructure Information (PCII) 3 should be properly safeguarded. SUPPLEMENTARY INFORMATION: Viewing Material. The Expedited Approval Program guidance may be found as part of docket DHS–2015–0005 by going to https://www.regulations.gov, inserting DHS–2015–0005 in the ‘‘Keyword’’ box, and then clicking ‘‘Search.’’ The Expedited Approval Program guidance may also be found on www.dhs.gov/ chemicalsecurity. Authority and Background 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). The Act amended the Homeland Security Act of 2002 (Pub. L. 107–296) to re-codify and reauthorize the CFATS program and add new provisions to the program while preserving most of the existing CFATS regulations.4 DHS is issuing guidance to comply with section 2102(c)(4)(B) of the Homeland Security Act of 2002, which specifically requires the Secretary to issue guidance for an Expedited Approval Program that identifies specific security measures that are sufficient to meet the risk based performance standards established as part of CFATS. Section 2102(c)(4)(B)(i) of the Homeland Security Act of 2002 requires the Secretary to issue this guidance within 180 days of the date of enactment of the Act (June 16, 2015). Overview of the Guidance for the CFATS Expedited Approval Program Section 2102 of the Homeland Security Act of 2002, among other actions, modifies CFATS by adding a new process by which a high-risk chemical facility, currently assigned to 1 For more information about CVI see 6 CFR 27.400 and the CVI Procedural Manual at https:// 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 https:// www.tsa.gov/stakeholders/sensitive-securityinformation-ssi. 3 For more information about PCII see 6 CFR part 29 and the PCII Program Web page at https:// www.dhs.gov/protected-critical-infrastructureinformation-pcii-program. 4 Section 2 of the Act added 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. E:\FR\FM\13MYN1.SGM 13MYN1 27340 Federal Register / Vol. 80, No. 92 / Wednesday, May 13, 2015 / Notices asabaliauskas on DSK5VPTVN1PROD with NOTICES (risk-based) Tier 3 or Tier 4 by DHS, can meet its regulatory requirement to draft and implement a Site Security Plan. Section 2102(c)(4) of the Homeland Security Act of 2002 labels this new process the ‘‘Expedited Approval Program.’’ Participation in the Expedited Approval Program is optional for Tier 3 and Tier 4 chemical facilities. If a Tier 3 or Tier 4 chemical facility opts not to participate in the Expedited Approval Program, it must comply with the other CFATS requirements for submission of a Site Security Plan (or an Alternative Security Program) to DHS for review, and for implementation of the submitted plan. See generally 6 CFR part 27, subpart B (describing requirements for submission and implementation of Site Security Plans and Alternative Security Programs outside of the Expedited Approval Program). Under the Expedited Approval Program, a Tier 3 or Tier 4 chemical facility may submit a Site Security Plan to DHS, which must either follow the prescriptive measures described in the guidance document announced by this Notice of Availability, or the Tier 3 or Tier 4 chemical facility must certify that any material deviations from the guidance meet the risk-based performance standards contained in CFATS.5 If a Tier 3 or Tier 4 chemical facility chooses to submit a Site Security Plan in accordance with the guidance, DHS can review the Site Security Plan for facial deficiency within 100 days after the date on which the Plan is received by DHS, as outlined in section 2102(c)(4)(G)(i) of the Homeland Security Act of 2002. DHS will subsequently monitor facilities’ compliance with their Site Security Plans in accordance with this guidance through inspections and audits conducted under CFATS. Exemption From Administrative Procedure Act Requirements Section 2102(c)(4)(B)(iii)(I) of the Homeland Security Act of 2002 provides that the Secretary is exempt from the requirements of section 553 of the Administrative Procedure Act, 5 U.S.C. 553, if the Secretary issues the guidance on or before June 16, 2015. Accordingly, DHS is issuing this guidance without regard to section 553 of the Administrative Procedure Act. Exemption From the Paperwork Reduction Act Section 2102(c)(4)(B)(iii)(II) of the Homeland Security Act of 2002 5 The CFATS risk-based performance standards are described at 6 CFR 27.230. VerDate Sep<11>2014 17:27 May 12, 2015 Jkt 235001 provides that the Secretary is exempt from the requirements of the Paperwork Reduction Act, 44 U.S.C. Chapter 35, Subchapter I, if the Secretary issues the guidance on or before June 16, 2015. Accordingly, DHS is issuing guidance without regard to the requirements of the Paperwork Reduction Act. Issuance of Agency Guidance for the Expedited Approval Program Section 2102(c)(4)(B)(i) of the Homeland Security Act of 2002 directs the Department to issue prescriptive guidance for chemical facilities that choose to submit Site Security Plans as part of an Expedited Approval Program that ‘‘identifies specific security measures that are sufficient to meet the risk-based performance standards.’’ The Expedited Approval Program guidance may be found on www.dhs.gov/ chemicalsecurity and is also available in the docket. This notice is issued under authority of 5 U.S.C. 552(a) and section 2102(c)(4) of the Homeland Security Act of 2002 (6 U.S.C. 622(c)(4)). Suzanne Spaulding, Under Secretary, National Protection and Programs Directorate, Department of Homeland Security. [FR Doc. 2015–11503 Filed 5–12–15; 8:45 am] BILLING CODE P DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration Extension of Agency Information Collection Activity Under OMB Review: Baseline Assessment for Security Enhancement (BASE) Program Transportation Security Administration, DHS. ACTION: 30-day notice. AGENCY: This notice announces that the Transportation Security Administration (TSA) has forwarded the Information Collection Request (ICR), Office of Management and Budget (OMB) control number 1652–0062, abstracted below to OMB for review and approval of a revision to the currently approved collection under the Paperwork Reduction Act (PRA). TSA has combined two previously-approved ICRs (1652–0061 and 1652–0062) into this single request to simplify the collection, increase transparency, and reduce duplication. The ICR describes the nature of the information collection and its expected burden. TSA published a Federal Register notice, with a 60-day comment period soliciting comments, of SUMMARY: PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 the following collection of information on February 11, 2015 at 80 FR 7623. The collection allows TSA to conduct transportation security-related assessments during site visits with surface transportation security and operating officials. DATES: Send your comments by June 12, 2015. A comment to OMB is most effective if OMB receives it within 30 days of publication. 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 Desk Officer, Department of Homeland Security/TSA, and sent via electronic mail to oira_submission@ omb.eop.gov or faxed to (202) 395–6974. FOR FURTHER INFORMATION CONTACT: Christina A. Walsh, TSA PRA Officer, Office of Information Technology (OIT), TSA–11, Transportation Security Administration, 601 South 12th Street, Arlington, VA 20598–6011; telephone (571) 227–2062; email TSAPRA@ tsa.dhs.gov. SUPPLEMENTARY INFORMATION: Comments Invited In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. The ICR documentation is available at https://www.reginfo.gov. Therefore, in preparation for OMB review and approval of the following information collection, TSA is soliciting comments to— (1) Evaluate whether the proposed information requirement 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; (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 using appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Information Collection Requirement Title: Baseline Assessment for Security Enhancement (BASE) Program. Type of Request: Revision of a currently approved collection. OMB Control Number: 1652–0062 (Combining 1652–0061 and 1652–0062). E:\FR\FM\13MYN1.SGM 13MYN1

Agencies

[Federal Register Volume 80, Number 92 (Wednesday, May 13, 2015)]
[Notices]
[Pages 27339-27340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11503]


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

DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2015-0005]
RIN 1601-ZA15


Chemical Facility Anti-Terrorism Standards; Guidance for the 
Expedited Approval Program

AGENCY: National Protection and Programs Directorate, DHS.

ACTION: Notice of Availability.

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

SUMMARY: The Department of Homeland Security (DHS or Department), 
National Protection and Programs Directorate (NPPD), is issuing 
guidance to comply with the Protecting and Securing Chemical Facilities 
from Terrorist Attacks Act of 2014 (the Act). The Act amended the 
Homeland Security Act of 2002 to require DHS to issue guidance for an 
Expedited Approval Program that identifies specific security measures 
sufficient to meet risk-based performance standards established as part 
of the Chemical Facility Anti-Terrorism Standards (CFATS) regulations.

DATES: The Guidance for the Expedited Approval Program is effective on 
June 16, 2015.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notice, the Expedited Approval Program, or the guidance document for 
the Expedited Approval Program, call or email David Wulf, Director, 
DHS/NPPD/IP/ISCD at CFATS@hq.dhs.gov or via phone at 703-235-5263. 
Questions may also be directed to Director Wulf by mail at 245 Murray 
Lane SW., Mail Stop 0610, Arlington, VA 20528-0610. Questions that 
include trade secrets, confidential commercial or financial 
information, Chemical-terrorism Vulnerability Information (CVI),\1\ 
Sensitive Security Information (SSI),\2\ or Protected Critical 
Infrastructure Information (PCII) \3\ should be properly safeguarded.
---------------------------------------------------------------------------

    \1\ For more information about CVI see 6 CFR 27.400 and the CVI 
Procedural Manual at https://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 https://www.tsa.gov/stakeholders/sensitive-security-information-ssi.
    \3\ For more information about PCII see 6 CFR part 29 and the 
PCII Program Web page at https://www.dhs.gov/protected-critical-infrastructure-information-pcii-program.

SUPPLEMENTARY INFORMATION: Viewing Material. The Expedited Approval 
Program guidance may be found as part of docket DHS-2015-0005 by going 
to https://www.regulations.gov, inserting DHS-2015-0005 in the 
``Keyword'' box, and then clicking ``Search.'' The Expedited Approval 
Program guidance may also be found on www.dhs.gov/chemicalsecurity.

Authority and Background

    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). The Act amended the Homeland Security Act 
of 2002 (Pub. L. 107-296) to re-codify and reauthorize the CFATS 
program and add new provisions to the program while preserving most of 
the existing CFATS regulations.\4\ DHS is issuing guidance to comply 
with section 2102(c)(4)(B) of the Homeland Security Act of 2002, which 
specifically requires the Secretary to issue guidance for an Expedited 
Approval Program that identifies specific security measures that are 
sufficient to meet the risk based performance standards established as 
part of CFATS. Section 2102(c)(4)(B)(i) of the Homeland Security Act of 
2002 requires the Secretary to issue this guidance within 180 days of 
the date of enactment of the Act (June 16, 2015).
---------------------------------------------------------------------------

    \4\ Section 2 of the Act added 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.
---------------------------------------------------------------------------

Overview of the Guidance for the CFATS Expedited Approval Program

    Section 2102 of the Homeland Security Act of 2002, among other 
actions, modifies CFATS by adding a new process by which a high-risk 
chemical facility, currently assigned to

[[Page 27340]]

(risk-based) Tier 3 or Tier 4 by DHS, can meet its regulatory 
requirement to draft and implement a Site Security Plan. Section 
2102(c)(4) of the Homeland Security Act of 2002 labels this new process 
the ``Expedited Approval Program.''
    Participation in the Expedited Approval Program is optional for 
Tier 3 and Tier 4 chemical facilities. If a Tier 3 or Tier 4 chemical 
facility opts not to participate in the Expedited Approval Program, it 
must comply with the other CFATS requirements for submission of a Site 
Security Plan (or an Alternative Security Program) to DHS for review, 
and for implementation of the submitted plan. See generally 6 CFR part 
27, subpart B (describing requirements for submission and 
implementation of Site Security Plans and Alternative Security Programs 
outside of the Expedited Approval Program). Under the Expedited 
Approval Program, a Tier 3 or Tier 4 chemical facility may submit a 
Site Security Plan to DHS, which must either follow the prescriptive 
measures described in the guidance document announced by this Notice of 
Availability, or the Tier 3 or Tier 4 chemical facility must certify 
that any material deviations from the guidance meet the risk-based 
performance standards contained in CFATS.\5\ If a Tier 3 or Tier 4 
chemical facility chooses to submit a Site Security Plan in accordance 
with the guidance, DHS can review the Site Security Plan for facial 
deficiency within 100 days after the date on which the Plan is received 
by DHS, as outlined in section 2102(c)(4)(G)(i) of the Homeland 
Security Act of 2002. DHS will subsequently monitor facilities' 
compliance with their Site Security Plans in accordance with this 
guidance through inspections and audits conducted under CFATS.
---------------------------------------------------------------------------

    \5\ The CFATS risk-based performance standards are described at 
6 CFR 27.230.
---------------------------------------------------------------------------

Exemption From Administrative Procedure Act Requirements

    Section 2102(c)(4)(B)(iii)(I) of the Homeland Security Act of 2002 
provides that the Secretary is exempt from the requirements of section 
553 of the Administrative Procedure Act, 5 U.S.C. 553, if the Secretary 
issues the guidance on or before June 16, 2015. Accordingly, DHS is 
issuing this guidance without regard to section 553 of the 
Administrative Procedure Act.

Exemption From the Paperwork Reduction Act

    Section 2102(c)(4)(B)(iii)(II) of the Homeland Security Act of 2002 
provides that the Secretary is exempt from the requirements of the 
Paperwork Reduction Act, 44 U.S.C. Chapter 35, Subchapter I, if the 
Secretary issues the guidance on or before June 16, 2015. Accordingly, 
DHS is issuing guidance without regard to the requirements of the 
Paperwork Reduction Act.

Issuance of Agency Guidance for the Expedited Approval Program

    Section 2102(c)(4)(B)(i) of the Homeland Security Act of 2002 
directs the Department to issue prescriptive guidance for chemical 
facilities that choose to submit Site Security Plans as part of an 
Expedited Approval Program that ``identifies specific security measures 
that are sufficient to meet the risk-based performance standards.'' The 
Expedited Approval Program guidance may be found on www.dhs.gov/chemicalsecurity and is also available in the docket.
    This notice is issued under authority of 5 U.S.C. 552(a) and 
section 2102(c)(4) of the Homeland Security Act of 2002 (6 U.S.C. 
622(c)(4)).

Suzanne Spaulding,
Under Secretary, National Protection and Programs Directorate, 
Department of Homeland Security.
[FR Doc. 2015-11503 Filed 5-12-15; 8:45 am]
 BILLING CODE P
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