Chemical Security Assessment Tool (CSAT), 72086-72094 [2015-29457]
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Federal Register / Vol. 80, No. 222 / Wednesday, November 18, 2015 / Notices
comments should register on the Public
Comment Registration list available at
the meeting location no later than 15
minutes prior to the beginning of the
meeting.
FOR FURTHER INFORMATION CONTACT:
Ginger Norris, National Infrastructure
Advisory Council, Alternate Designated
Federal Officer, Department of
Homeland Security, (703) 235–2888.
Notice of
this meeting is given under the Federal
Advisory Committee Act, 5 U.S.C.
Appendix. The National Infrastructure
Advisory Council shall provide the
President, through the Secretary of
Homeland Security, with advice on the
security and resilience of the Nation’s
critical infrastructure sectors.
The NIAC will meet to discuss issues
relevant to critical infrastructure
security and resilience as directed by
the President.
The meeting will commence at 12:30
p.m. EST. At this meeting, the council
will receive a presentation on Water
Resilience and Applying Lessons
Learned From Post Event Recovery. The
council will also receive updates on the
status of the Water Resilience Working
Group and past NIAC
Recommendations. The Council will
discuss and deliberate the CEO report
recommendations clarification. All
presentations will be posted no later
than one week prior to the meeting on
the Council’s public Web page—
www.dhs.gov/NIAC.
SUPPLEMENTARY INFORMATION:
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Public Meeting Agenda
I. Opening of Meeting
II. Roll Call of Members
III. Opening Remarks and Introductions
IV. Approval of Meeting Minutes
V. Status of Past NIAC
Recommendations
VI. Water Resilience—Applying Lessons
Learned From Post Event Recovery
VII. Status Update on Water Resilience
Working Group
VIII. Public Comment
IX. CEO Report Recommendation
Clarification Discussion
X. Closing Remarks
Dated: November 9, 2015.
Ginger Norris,
Alternate Designated Federal Officer for the
National Infrastructure Advisory Council.
[FR Doc. 2015–29372 Filed 11–17–15; 8:45 am]
BILLING CODE 9110–9P–P
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DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2015–0058]
Chemical Security Assessment Tool
(CSAT)
National Protection and
Programs Directorate, DHS.
ACTION: 60-Day notice and request for
comments; Revision of Information
Collection Request: 1670–0007.
AGENCY:
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).
DATES: Comments are encouraged and
will be accepted until January 19, 2016.
This process is conducted in accordance
with 5 CFR 1320.8.
ADDRESSES: Interested persons are
invited to submit comments on the
proposed information collection
through the Federal eRulemaking Portal
at https://www.regulations.gov. All
submissions received must include the
words ‘‘Department of Homeland
Security’’ and the docket number DHS–
2015–0058. Except as provided below,
comments received will be posted
without alteration at https://
www.regulations.gov, including any
personal information provided.
Comments 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 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
SUMMARY:
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.
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.
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accordance with applicable
requirements and submitted by mail to
the DHS/NPPD/IP/ISCD CFATS
Program Manager at the Department of
Homeland Security, 245 Murray Lane
SW., Mail Stop 0610, Arlington, VA
20528–0610. Comments must be
identified by docket number DHS–
2015–0058.
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
2014, the President signed into law the
Protecting and Securing Chemical
Facilities from Terrorist Attacks Act of
2014 (the CFATS Act of 2014), Public
Law 113–254, which authorized the
Chemical Facility Anti-Terrorism
Standards program in the Homeland
Security Act of 2002, as amended,
Public Law 107–296.4
The CFATS regulations (available at 6
CFR part 27) govern 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 range of tailored
measures to satisfy the regulations’ RiskBased Performance Standards (RBPS).
The Department collects the core
regulatory data necessary to implement
CFATS through the portions of the
Chemical Security Assessment Tool
(CSAT) covered under this collection.
For more information about CFATS and
CSAT, you may access www.dhs.gov/
chemicalsecurity. The current
information collection for CSAT (IC
SUPPLEMENTARY INFORMATION:
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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1670–0007) will expire on April 30,
2016.5
The Department’s Methodology in
Estimating the Burden for the TopScreen
Number of Respondents
The current information collection
estimated that 2,500 respondents would
submit a Top-Screen annually. That
estimate, which is taken from the 2007
CFATS Regulatory Assessment,6 was
derived by averaging the estimated
number of respondents that would
complete a Top-Screen during calendar
year (CY) 2012–2014 that had not
previously submitted a Top-Screen. In
actuality, during CY 2012–2014, there
72087
were 2,574 respondents (i.e., chemical
facilities of interest) that submitted a
Top-Screen for the first time. This
information is displayed in Table 1
below:
TABLE 1—TOP-SCREEN RESPONDENTS
[Estimated versus actual]
Year 1
CY 2012
Year 2
CY 2013
Year 3
CY 2014
Total
Average annual
Estimated number of Top-Screen respondents in the current information collection.
2,500
2,500
2,500
7,500
2,500.
Total Number of Respondents ..
412
1,434
728
2,574
858 (rounded).
Annual Burden Hours
In the current information collection,
the estimated time per respondent to
prepare and submit a Top-Screen is
11.25 hours. This estimate assumed that
the majority of the burden associated
with the Top-Screen was outside of the
Department’s ability to quantitatively
measure. However, by using the data
collected during CY 2012–2014, the
Department was able to measure the
duration a respondent was logged into
the Top-Screen application. Based upon
actual historical data, the Department
determined that 95% percent of
respondents, who submitted TopScreens, were logged into the CSAT
Top-Screen application for no more
than 1.2 hours (72 minutes). In response
to previous comments provided by
stakeholders in the last round of public
comments on this Information
Collection, the Department estimates
that for every hour a respondent is
logged into the CSAT Top-Screen
application, the respondent spends an
average of four hours in preparation.7
Therefore, for the purposes of this
notice, the Department’s estimated time
per respondent to submit a Top-Screen
is 6 hours [1.2 hours + (1.2 hours × 4
hours)]. To account for the anticipated
resubmission by respondents, the
Department further estimates that 50
percent of the respondents will submit
two Top-Screens.8
The Department expects to implement
a revised Top-Screen with the approval
of this information collection. The
Department expects that as a result of
the revised Top-Screen respondents will
spend about approximately the same
amount of time logged into the CSAT
Top-Screen application as Top-Screen
users have, historically. The revised
Top-Screen will: (1) Streamline the
entry of information about chemicals of
interest (COI) into CSAT; (2) add new
questions to assist respondents in
identifying the COI related security
issue(s); (3) include questions currently
asked in the current Security
Vulnerability Assessment (SVA) and
Alternative Security Program (ASP)
Instrument; and (4) utilize geospatial
technology to identify area of highest
quantity.
The Department also collects
supporting documentation from
approximately half of the respondents.
Based upon the Department’s day-to-day
informal discussions with respondents,
the Department believes that a
reasonable burden for the gathering and
provision of supporting documentation
is 0.25 hours.
5 The current information collection for CSAT
may be found at https://www.reginfo.gov/public/do/
PRAViewICR?ref_nbr=201303-1670-001
6 See Section 3 and Table 6 of the 2007 CFATS
Regulatory Assessment, https://
www.regulations.gov/#!documentDetail;D=DHS2006-0073-0116.
7 The comments and the Department’s response
are described in the 30-day notice the Department
published for this Information Collection in March
of 2013 (https://www.reginfo.gov/public/do/
PRAViewICR?ref_nbr=201303-1670-001)
8 The Department analyzed the amount of time a
respondent was logged into CSAT when submitting
an initial Top-Screen versus an additional Top-
Screen and determined that while there was a slight
difference in the burden per response (i.e.,
Additional Top-Screens took on average 15% less
time). The Department, for the purposes of this
notice, opted not to break out the initial and
subsequent Top-Screens to analyze the minimal
burden difference.
Because the annual average of 858
respondents is less than half of the
annual number of respondents
estimated in the 2007 CFATS
Regulatory Evaluation for CY 2012–2014
(i.e., 2,500), the Department will revise
the estimated number of respondents for
this instrument to 1,000 respondents
annually.
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Estimated Time per Respondent
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The annual burden hours for the TopScreen is [6 hours × 1,000 respondents
× 1.5 responses per respondent], which
equals 9,000 hours. The annual burden
hours to submit supporting
documentation is 125 hours [0.25 hours
× 500 respondents × one response per
respondent].
Therefore, the Department estimates
that the total annual burden hours for
the Top-Screen is 9,125 hours [9,000
hours + 125 hours]. The rounded
estimate is 9,200 hours.
Total Burden Cost (Capital/Startup)
The Department provides access to
CSAT free of charge and the Department
assumes that each respondent already
has access to the internet for basic
business needs.
As mentioned previously in this
notice, the Department expects to revise
the Top-Screen when this information
collection is approved. The revised TopScreen will enable the Department to
begin using an improved tiering
methodology that incorporates the
relevant elements of risk, which was
mandated by Section 2102(e)(2) of the
Protecting and Securing Chemical
Facilities from Terrorist Attacks Act of
2014 (the CFATS Act of 2014). As a
result of the development of the new
tiering methodology, the Department is
considering requesting chemical
facilities of interest that have chemical
holdings at or above the screening
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threshold quantities on Appendix A of
CFATS to complete the Top-Screen,
even if the facility has previously
completed a Top-Screen and been
determined not to be high-risk. Between
the effective date of CFATS in June 2007
and December 2014, the Department has
received Top-Screens from
approximately 36,930 unique facilities.
Therefore the Department estimates that
there will be a one-time capital/startup
cost of $15,005,397.60 [36,930 facilities
× 6 hours × $67.72 (average hourly wage
rate for Site Security Officers)]. The
rounded estimate is $15,005,400.
Plan (SSP) and Alternative Security
Program (ASP) submitted in lieu of the
Site Security Plan,’’ discussed later in
this notice. The recordkeeping burden
estimate for the ‘‘Site Security Plan
(SSP) and Alternative Security Program
(ASP) submitted in lieu of the Site
Security Plan’’ accounts for all records
respondents are required to maintain
under CFATS because the Department
assumes that respondents maintain their
Top-Screen records and any other
required records in the same manners,
formats, and locations as they maintain
their SSP/ASP records.
Total Recordkeeping Burden
A respondent that has submitted a
Top-Screen may or may not be
determined by the Department to
present a high level of security risk.
Only respondents that present a high
level of security risk are required to
keep records mandated by CFATS.
For respondents that ultimately are
determined not to present a high level
of security risk, the Department
estimates any CFATS recordkeeping
burden to be de minimis.
For respondents that are determined
to present a high level of security risk,
the Top-Screen recordkeeping burden is
accounted for within the recordkeeping
burden estimate for the ‘‘Site Security
Total Annual Burden Cost
The 2007 CFATS Regulatory
Evaluation assumes that Site Security
Officers are responsible for submitting
Top-Screens. 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 9,125 hours by the
average hourly wage rate of Site
Security Officers of $67.72 per hour 9
and then added the one-time startup
cost. Therefore, the total annual burden
cost for the Top-Screen instrument is
$15,623,342.60 [9,125 total annual
burden hours x $67.72 per hour +
$15,005,397.60]. The rounded estimate
is $15,623,400.
The Department’s Methodology in
Estimating the Burden for the Security
Vulnerability Assessment (SVA) &
Alternative Security Program (ASP)
Submitted in Lieu of the Security
Vulnerability Assessment
Number of Respondents
The current information collection
estimated that 740 respondents would
complete an SVA/ASP annually during
CY 2012–2014 that had not previously
submitted an SVA/ASP. The number of
respondents was derived by a two-step
process. The first step estimated the
expected number of SVAs/ASPs by
multiplying the estimated number of
Top-Screens in each CY by the
percentage of Top-Screens that resulted
in a determination by the Department
that an SVA or ASP in lieu of an SVA
must be submitted by a respondent (i.e.,
a covered chemical facility). When the
current information collection was
approved in September of 2014, that
rate was 29.6 percent. The estimated
number of SVAs or ASPs in lieu of
SVAs that must be submitted by
respondents was then averaged. See the
table below for estimates.
TABLE 2—SVA/ASP RESPONDENT ESTIMATES IN CURRENT INFORMATION COLLECTION BASED ON TOP-SCREEN
RESPONDENTS
Year 1
CY 2012
Estimated number of Top-Screen Respondents in the current information collection ................................................
Estimated number of SVA/ASP Respondents in the current information collection ................................................
In actuality, during CY2012–2014,
there were 633 respondents (i.e.,
Year 2
CY 2013
Year 3
CY 2014
Average
annual
Total
2,500
2,500
2,500
7,500
2,500
740
740
740
2,220
740
chemical facilities of interest) that
submitted an SVA/ASP for the first
time. This information is displayed in
Table 3 below:
TABLE 3—SVA/ASP RESPONDENTS
[Estimated versus actual]
Year 1
CY 2012
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Estimated number of SVA/ASP respondents in the current information collection ...........................................................................................................
Actual Number of Respondents ......................................................................
Year 2
CY 2013
740
136
740
315
Year 3
CY 2014
740
182
Total
2,220
633
The Department is satisfied that the
methodology to estimate the number of
respondents is reasonable because the
percentage of Top-Screens that resulted
in a determination by the Department
that an SVA or ASP in lieu of an SVA
was relatively stable. Historical data
from the Department during CY 2012–
2014 revealed that the percentage of
Top-Screens that subsequently resulted
in a determination that an SVA or ASP
in lieu of an SVA must be submitted by
9 The average hourly wage rate was based on an
average hourly wage rate of $47.21 with a benefits
multiplier of 1.43. The $47.21 rate was based on
2014 dollars using the Consumer Price Index (CPI).
U.S. Department of Labor, Bureau of Labor
Statistics; ‘‘Table 24. Historical Consumer Price
Index for All Urban Consumers (CPI–U): U. S. city
average, all;’’ Annual Average; July 2015. Available
at: https://www.bls.gov/cpi/tables.htm, last accessed
on September 9, 2015.
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a respondent was 21.1 percent. This is
a small change from the previous
percentage of 29.6 percent. The
estimated number of SVAs or ASPs in
lieu of SVAs that must be submitted by
respondents was determined by CY and
then averaged. Therefore, for the
purposes of this notice, the number of
SVA/ASP respondents is 211 [1,000
Top-Screen Respondents x 0.211]. The
Department opted to not round the
estimate. See table below.
TABLE 4—SVA/ASP RESPONDENTS ESTIMATES IN THIS NOTICE BASED ON TOP-SCREEN RESPONDENTS
Year 1
CY 2012
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Estimated number of Top-Screen responses in this notice
Estimated number of SVA/ASP responses in this notice ....
Estimated Time per Respondent
The current information collection
estimated the time per respondent for
preparing and submitting an SVA/ASP
to be 65 hours. This estimate assumed
that the majority of the burden
associated with the SVAs/ASPs was
outside of the Department’s ability to
quantitatively measure. However, by
using the data collected during CY
2012–2014, the Department was able to
measure the duration a respondent was
logged into the SVA/ASP application.
Based upon actual historical data, the
Department determined that 95 percent
of respondents who submitted SVAs
were logged into the CSAT SVA/ASP
application for no more than 5.3 hours.
The Department expects to implement
a revised SVA/ASP with the approval of
this information collection. The
Department expects that as a result of
the revised SVA/ASP respondents will
spend 90 percent less time logged into
the SVA/ASP application because the
revised SVA/ASP will (1) have
duplicative questions removed that exist
in the SSP/ASP; (2) a few questions will
be moved to the Top-Screen to support
the improved tiering methodology; and
(3) the attack scenarios and related
questions will also be removed.
In response to previous comments
provided by stakeholders in the last
round of public comments on this
Information Collection, the Department
estimates that for every hour a
respondent is logged into the CSAT
SVA/ASP application, it spends an
average of four hours in preparation.
Therefore, for the purpose of this notice,
the Department’s estimated time per
respondent to submit an SVA/ASP is
2.65 hours [(5.3 hours × 0.1) + (5.3 hours
× 0.1) × 4 hours].10
During CY 2012–2014, for every
initial submission of an SVA,
respondents generally submit two
additional SVA/ASPs. However, the
Department believes that the reasons for
this higher than expected resubmission
10 The numerical value of 0.1 is used to reflect
that 90% reduction of time a respondent is
expected to be logged into the CSAT SVA/ASP.
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Year 2
CY 2013
1,000
211
Year 3
CY 2014
1,000
211
rate have been addressed and will not
be repeated. Therefore, the Department
anticipates that only 50 percent of the
respondents will submit two SVA/
ASPs.11
The Department also collects
supporting documentation from
approximately half of the respondents.
Based upon the Department’s day-to-day
informal discussions with respondents,
the Department believes that a
reasonable burden for gathering and
provision of supporting documentation
is 0.25 hours per respondent.
Annual Burden Hours
The annual burden hours for an SVA/
ASP is 838.725 hours [211 respondents
× 2.65 hours × 1.5 responses per
respondent].
The annual burden estimate to obtain
supporting documentation is 26.375
hours [0.25 hours × 211 respondents ×
0.5 × 1 response per respondent].
Therefore, the Department estimates
that the total annual burden in hours for
the SVA/ASP is 865.10 hours [838.725
hours + 26.375 hours]. The rounded
estimate is 900 hours.
1,000
211
Total
3,000
633
Average
annual
1,000
211
level of security risk have a
recordkeeping requirement.
For respondents that ultimately are
determined not to present a high level
of security risk, the Department
estimates any CFATS recordkeeping
burden to be de minimis.
For respondents that are determined
to present a high level of security risk,
the SVA recordkeeping burden is
accounted for within the recordkeeping
burden estimate for the ‘‘Site Security
Plan (SSP) and Alternative Security
Program (ASP) submitted in lieu of the
Site Security Plan,’’ discussed later in
this notice. The recordkeeping burden
estimate for the ‘‘Site Security Plan
(SSP) and Alternative Security Program
(ASP) submitted in lieu of the Site
Security Plan’’ accounts for all records
respondents are required to maintain
under CFATS because the Department
assumes that respondents maintain their
Top-Screen records and any other
required records in the same manners,
formats, and locations as they maintain
their SSP/ASP records.
Total Recordkeeping Burden
Total Annual Burden Cost
The 2007 CFATS Regulatory
Evaluation assumes that Site Security
Officers will be responsible for
submitting SVA/ASPs. For the purpose
of this notice, the Department maintains
this assumption.
The total annual burden cost for the
SVA/ASP is $58,584.57 [865.10 total
annual burden hours × $67.72 (average
hourly wage rate for Site Security
Officers)]. The rounded estimate is
$58,600.
A respondent that has submitted an
SVA/ASP may or may not be
determined by the Department to
present a high level of security risk.
Only respondents that present a high
The Department’s Methodology in
Estimating the Burden for Site Security
Plan (SSP) & Alternative Security
Program (ASP) Submitted in Lieu of the
Site Security Plan
Total Burden Cost (Capital/Startup)
The Department provides access to
CSAT free of charge, and the
Department assumes that each
respondent already has access to the
internet for basic business needs.
Therefore, for the purposes of this
notice, the Department estimates that
there are no capital/startup costs.
11 The
Department analyzed the amount of time
a respondent was logged into CSAT when
submitting an initial SVA/ASP versus an additional
SVA/ASP and determined that additional SVAs/
ASPs took 3% more time on average than initial
SVAs/ASPs. The Department, for the purposes of
this notice, opted not to break out the initial and
subsequent SVAs/ASPs to analyze the minimal
burden difference.
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Number of Respondents
The current information collection
estimated that 486 respondents would
complete an SSP/ASP annually during
CY 2012–2014 that had not previously
submitted an SSP/ASP. In actuality,
during CY2012–2014, there were 336
respondents that submitted an SSP/ASP
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for the first time.12 This information is
displayed in Table 5 below:
TABLE 5—SSP/ASP RESPONDENTS
[Estimated versus actual]
Year 1
CY 2012
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Estimated number of SSP/ASP respondents in the current information collection ...........................................................................................................
Actual Number of Respondents ......................................................................
486
0
The Department expects to revise both
the SVA/ASP and the SSP/ASP with
this information collection. One of the
expected outcomes of revisions is that
potentially 100 percent of respondents
to the SVA/ASP will be a respondent of
the SSP/ASP, due to the improved
tiering methodology that will be
implemented by the Department using
data collected through the Top-Screen
instrument. The Department anticipates
both greater accuracy in the initial
tiering determination and also
substantially greater confidence in the
tiering result. Hence, while the
Department reserves the right and
ability to conduct a second tiering as
described in 6 CFR 27.220, the
Department anticipates relying on the
results of initial tiering determination
for the second tiering unless the
Department identifies a reason for not
doing so on a case by case basis. An
important benefit of this approach is
that the lengthy tiering process will be
streamlined for the majority of
respondents that previously would have
been required to complete a second
survey in order to receive a final
determination of not high risk. These
facilities would have to only complete
the Top-Screen to get to the same
determination. For the purpose of
estimating the number of respondents
that will complete an SSP/ASP in this
notice, the Department will make it
equal to the number of SVA/ASP
respondents, 211 respondents, because
all SVA/ASP respondents will be
expected to subsequently complete the
SSP/ASP.
The Department considered
modifying the number of SSP/ASP
respondents to account for submissions
of SSPs due to requirements of Section
2102 of the Homeland Security Act of
2002, which among other actions,
modifies CFATS by adding a new
process by which a respondent,
assigned to (risk-based) Tier 3 or Tier 4
by the Department, can meet its
regulatory requirement to draft and
implement a Site Security Plan through
a new process called the ‘‘Expedited
Approval Program.’’ The Department
ultimately has not has opted to not
adjust the number of respondents
because: (1) Most Tier 3 and Tier 4
facilities have approved SSPs; and (2) to
date the Department has received few
notifications from Tier 3 and Tier 4
facilities indicating that they plan to use
the Expedited Approval Program.
12 Between 2012 and 2014, the Department made
substantial progress in addressing the number of
SSP/ASPs received prior to 2012 from covered
chemical facilities. The Department received 2,721
SVA/ASPs during CY2012 through CY2014 (i.e.,
103 revised SSP/ASP in 2012, 1,026 revised SSP/
ASPs in 2013, and 1,592 SSP/ASPs in 2014). The
Department accounts for the cost of resubmitted
SVA/ASPs in the next section titled, ‘‘Estimated
Time Per Respondent.’’
13 The numerical value of 0.3 is used to reflect
that 70% reduction of time a respondent is
expected to be logged into the CSAT SSP/ASP.
14 The Department analyzed the amount of time
a respondent was logged into CSAT when
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Estimated Time per Respondent
The current information collection
estimated the time per respondent for
preparing and submitting a SSP/ASP to
be 225 hours. This estimate assumed
that the majority of the burden
associated with the SSPs/ASPs is
outside of the Department’s ability to
quantitatively measure. However, by
using the data during CY 2012–2014,
the Department was able to measure the
duration a respondent was logged into
the SSP/ASP application. The
Department determined that 95 percent
of respondents who submitted SSPs
were logged into the CSAT SSP/ASP
application for no more than 12.5 hours.
As mentioned earlier in this notice,
the Department expects to revise the
SSP/ASP when this information
collection is approved. The Department
expects that as a result of the revised
SSP/ASP respondents will spend 70
percent less time logged into the SSP/
ASP application because the SSP/ASP
will (1) have duplicative and
unnecessary questions removed that
exist in the SVA/ASP (e.g., questions
related to asset identification in the
SSP) and import relevant answers from
the SVA/ASP, and (2) reorganize the
PO 00000
Frm 00051
Fmt 4703
Sfmt 4703
Year 2
CY 2013
486
118
Year 3
CY 2014
486
218
Total
1,458
336
SSP/ASP questions in a streamlined
process based upon the Department’s
experience with respondents over the
past several years. The reorganization of
SSP/ASP questions will allow the
Department to also remove repetitive
questions
In response to previous comments
provided by stakeholders in the last
round of public comments on this
Information Collection, the Department
estimates that for every hour a
respondent is logged into the CSAT
SSA/ASP application, it spends an
average of four hours in preparation.
Therefore, for the purpose of this notice,
the Department’s estimated time per
respondent to submit an SSP/ASP is
18.75 hours. [(12.5 hours × 0.3) + ((12.5
hours × 0.3) × 4 hours)].13 The rounded
estimate is 18.75 hours.
As mentioned earlier in this notice,
there was a higher than expected
resubmission of SSP/ASPs. In fact
during CY 2012–2014, there were 2,721
SSP/ASPs resubmitted. The vast
majority of the resubmissions were
submitted by respondents who has
submitted an initial SSP/ASP prior to
CY 2012. To account for the increased
resubmission of SSP/ASPs by
respondents, the Department estimates
that each respondent will submit an
additional SSP/ASP.14
The Department also collects
supporting documentation from
approximately half of the respondents.
Based upon the Department’s day-to-day
informal discussions with respondents,
the Department believes that a
reasonable burden for the gathering and
provision of supporting documentation
is 0.25 hours per respondent.
Annual Burden Hours
The annual burden hours for SSP/
ASP submission is 7,912.50 hours
[18.75 hours × 211 SSP/ASP
submitting an initial SSP/ASP versus an additional
SSP/SVP and determined that additional SVA/ASPs
took 14% less time on average than initial SSP/
ASPs. The Department, for the purposes of this
notice, opted not to break out the initial and
subsequent SSP/ASPs to analyze the minimal
burden difference.
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respondents × 2 response per
respondent].
The annual burden hours for
obtaining supporting documentation is
26.3750 hours [0.25 hours × (0.5 × 211
SSP/ASP respondents) × (one response
per respondent)].
Therefore, the Department estimates
that the total annual burden hours for
SSP/ASP submission is 7,938.8750
hours [7,912.50 hours + 26.3750 hours].
The rounded estimate is 8,000 hours.
Total Burden Cost (Capital/Startup)
The Department provides access to
CSAT free of charge, and the
Department assumes each respondent
already has access to the internet for
basic business needs. Therefore, for the
purposes of this notice, the Department
estimates that there are no capital/
startup costs.
Total Recordkeeping Burden
The recordkeeping burden estimate
for the ‘‘Site Security Plan (SSP) and
Alternative Security Program (ASP)
submitted in lieu of the Site Security
Plan’’ accounts for the recordkeeping
burden high-risk chemical facilities are
required to maintain under CFATS,
including SSP and ASP records because
the Department assumes that
respondents maintain their records and
any other required records in the same
manners, formats, and locations as they
maintain their SSP/ASP records.
Therefore, the Department believes it is
reasonable to estimate the
recordkeeping burden for all
respondents under the recordkeeping
burden for the ‘‘Site Security Plan (SSP)
and Alternative Security Program (ASP)
submitted in lieu of the Site Security
Plan.’’
Records maintained under CFATS,
including SSP/ASP records and other
records listed at 6 CFR 27.255, may be
kept in electronic or paper formats as
long as they are reasonably protected.
For the purpose of this notice, the
Department assumes that all
respondents will purchase a locked
filing cabinet to maintain records at a
cost of $350 each. In addition,
respondents that use paper records will
also incur the cost of additional paper
and printer ink/toner. The Department
assumes an additional box of paper
($50) and additional printer ink/toner
supplies ($200). Thus, the physical cost
related to record keeping for each SSP/
ASP respondent is $600 (i.e., $350 for
the filing cabinet plus $250 for paper
and toner) for the first year and $250 per
year for the second and third year. Thus,
the annual average cost, for physical
costs related to paper-based
recordkeeping, is $367 per SSP/ASP.
TABLE 6—SSP/ASP PAPER-BASED RECORDKEEPING COSTS
Locked filing
cabinet cost
SSP/ASP ......................................
Paper and ink/
toner Cost
Year 1 cost
Year 2 cost
Year 3 cost
$350
$250
$600
$250
$250
The Department assumes that clerical
staff will spend 48 hours per year (four
hours per month) maintaining records,
such as filing, binding, etc. For the
purpose of this notice the Department
used the wage rate of $37.51 per hour.15
Thus, the Department estimates the
labor related to paper-based
recordkeeping burden is $1,800.48 per
SSP/ASP [48 hours × $37.51].
Alternatively, although it is not
required, businesses may keep their
records electronically. Under this
scenario, the Department maintains its
assumption that a small number of
respondents (i.e., 5 percent) will
purchase a computer loaded with basic
spreadsheet software. For the purpose of
this notice, the Department assumes that
5 percent of respondents will purchase
a computer and printer to maintain
records at a total cost of $1,000. Thus,
the annual average cost for physical
costs related to electronic-based
recordkeeping is $333 (rounded) per
SSP/ASP.
The Department assumes that there
will be a larger time commitment for
updating records and inputting data into
a spreadsheet. Hence, the Department
maintains its estimate of six hours per
month to maintain electronic records.
Thus, the Department estimates the
labor related to electronic-based
recordkeeping burden is $2,700.72 [72
hours × $37.51 (average hourly wage
rate for clerical staff)].
Therefore, for the purposes of this
notice, the Department estimates that
the annual recordkeeping burden is
$438,744.116 [($367 + $1,800.48) × (0.95
× 211 SSP/ASP respondents) + [($333 +
$2,700.72) × (0.05 × 211 SSP/ASP
Average annual cost
$367 (rounded).
respondents)]. The rounded estimate is
$438,800.
Total Annual Burden Cost
The total annual burden cost for the
SSP/ASP is $976,364.731 [7,938.8750
hours multiplied by $67.72 (average
hourly wage rate for Site Security
Officers) + $438,744.116 (total annual
recordkeeping burden)]. The rounded
estimate is $976,400.
The Department’s Methodology in
Estimating the Burden for the Helpdesk
Number of Respondents
The Department evaluated the
historical data to determine if the
current information collection estimate
of 15,000 respondents continued to be
an appropriate estimate for Helpdesk.
During CY 2012–2014, the Helpdesk
accepted 30,452 calls and 12,246 emails.
TABLE 7—HELPDESK RESPONDENTS
asabaliauskas on DSK5VPTVN1PROD with NOTICES
[Estimated versus actual]
Year 1
CY 2012
Estimated number of Respondents in current
information collection.
15 The average hourly wage rate was based on an
average hourly wage rate of $26.15 with a benefits
multiplier of 1.43. The $37.51 rate was based on
2014 dollars using the Consumer Price Index (CPI).
VerDate Sep<11>2014
20:14 Nov 17, 2015
Jkt 238001
Year 2
CY 2013
15,000
15,000
Year 3
CY 2014
15,000
U.S. Department of Labor, Bureau of Labor
Statistics; ‘‘Table 24. Historical Consumer Price
Index for All Urban Consumers (CPI–U): U.S. city
average, all;’’ Annual Average; July 2015. Available
PO 00000
Frm 00052
Fmt 4703
Sfmt 4703
Total
45,000
Average annual
15,000.
at: https://www.bls.gov/cpi/tables.htm, last accessed
on September 9, 2015.
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TABLE 7—HELPDESK RESPONDENTS—Continued
[Estimated versus actual]
Year 1
CY 2012
Actual number of Respondents (phone calls
and e-mails).
The actual average annual number of
respondents for this time period was
14,233 respondents (calls and emails).
The Department will maintain the
Year 2
CY 2013
9,530
Year 3
CY 2014
15,802
Total
17,366
estimated number of respondents of
15,000, based on actual historical data.
Estimated Time per Respondent
The Department evaluated the
historical data to determine if the
Average annual
42,698
14,233 (rounded).
estimated time per respondent of 0.17
hours (10 minutes) continued to be an
appropriate estimate. During CY 2012–
2014, the actual average Helpdesk call
averaged less than eight minutes.
TABLE 8—HELPDESK CALL TIME AVERAGES
Year 1
CY 2012
Year 2
CY 2013
Year 3
CY 2014
7:38
8:09
7:15
Actual Average Call Time (minutes) ............................................................................................
The Department does not have any
information about the average amount of
time it took respondents to type and
send the 12,246 emails during CY 2012–
2014.
Therefore, for the purpose of this
notice, the Department has maintained
the estimated time per respondent of
0.17 hours.
Annual Burden Hours
The annual burden hours for the
Helpdesk will be 2,550 hours [0.17
hours × 15,000 respondents].
each respondent already has a phone
and/or access to the internet for basic
business needs. Therefore, for the
purposes of this notice, the Department
estimates that there are no capital/
startup costs.
Total Recordkeeping Burden
There is no recordkeeping burden
when contacting the CSAT Helpdesk.
Total Annual Burden Cost
The total burden for the Helpdesk is
$172,686 [2,550 annual burden hours ×
$67.72 (average hourly rate for Site
Security Officers)]. The rounded
estimate is $172,700.
Total Burden Cost (Capital/Startup)
Contacting the CFATS Helpdesk is
free, and the Department assumes that
The Department’s Methodology in
Estimating the Burden for the User
Registration
Number of Respondents
The current information collection
estimated 625 respondents would
complete the user registration process
annually. That estimate is based on the
assumption that the number of
respondents for User Registration will
be one-fourth of the number of
respondents for the Top-Screen. During
CY 2012–2014, the actual number was
3033 respondents.
TABLE 9—USER MANAGEMENT RESPONDENTS
[Estimated versus actual]
Year 1
CY 2012
Estimated number of Respondents in current information
collection ...........................................................................
Actual number of Respondents ...........................................
asabaliauskas on DSK5VPTVN1PROD with NOTICES
The Department expects the actual
number of respondents to fluctuate.
However, for the purposes of this notice
the Department estimates the number of
respondents is 1000 annually.
Estimated Time per Respondent
In the current information collection,
the estimated time per respondent is
two hours. The Department will
maintain the assumption that two hours
is an adequate amount of time for the
respondent to (1) complete the online
CSAT User Registration process, and
subsequently (2) collect and submit the
VerDate Sep<11>2014
20:14 Nov 17, 2015
Jkt 238001
Year 2
CY 2013
625
510
625
1704
necessary signatures on the user access
agreement.
Annual Burden Hours
The annual burden estimate for User
Registration is 2,000 hours [2 hours ×
1000 respondents].
Total Burden Cost (Capital/Startup)
The Department assumes that each
respondent already has a fax capability
and access to the internet for basic
business needs. However, the
Department expects to be revising the
CSAT User Management application to
PO 00000
Frm 00053
Fmt 4703
Sfmt 4703
Year 3
CY 2014
625
819
Total
1,875
3033
Average
annual
625
1,011
reduce the burden on respondents and
improve the functionality of the CSAT
User Management application. The
Department expects that there will be a
one-time burden for all existing CSAT
Users when the CSAT User Management
application is updated. The Department
expects the one-time burden to be 0.17
hours (10 minutes) per CSAT user. As
of September 2015, there were 24,630
active CSAT accounts; therefore, the
Department estimates that there will be
a capital/startup cost of $283,550.4120
[24,630 Active CSAT users × 0.17 hours
× $67.72 (average hourly rate for Site
E:\FR\FM\18NON1.SGM
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Security Officers)]. The rounded
estimate is $283,600.
Total Recordkeeping Burden
There is no recordkeeping burden for
submitting a User Registration
application.
Total Annual Burden Cost
The total burden for User Registration
is $418,990.4120 [2,000 annual burden
hours × $62.72 (average hourly rate for
Site Security Officers) + $283,550.4120
(Capital/Startup Burden Cost)]. The
rounded estimate is $419,000.
The Department’s Methodology in
Estimating the Burden for Identification
of Additional Facilities and Assets At
Risk
Number of Respondents
The Department may collect
information from each respondent of a
SSP/ASP under this instrument.
Respondents are not required to provide
this information to the Department for
purposes of complying with any portion
of CFATS. The Department estimates
the number of respondents to this
instrument will be equal to the number
of respondents to the SSP/ASP, or 211
respondents.
Estimated Time per Respondent
This instrument will request
information from covered chemical
facilities about their chemical of interest
supply and distribution chain or other
information about their business
operations to allow the Department to
potentially identify either potential
chemical facilities of interest or
potential assets at risk at the covered
chemical facility. Participation in this
collection will be voluntary and
respondents will not be required to
provide this information to the
Department for purposes of complying
with any portion of CFATS. The
Department expects the estimated time
per respondent is 0.17 hours (10
minutes).
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Annual Burden Hours
The annual burden estimate is 35.87
hours [0.17 hours × 211 respondents].
The rounded estimate is 40 hours.
Total Burden Cost (Capital/Startup)
The Department expects a one-time
burden for covered chemical facilities
with an approved SSP/ASP. There are
approximately 3000 covered chemical
facilities regulated under CFATS.16
Therefore, the Department estimates
16 The number of covered chemical facilities
fluctuates. For the purposes of this notice 3,000
represents a reasonable estimate to estimate the
burden this instrument could impose.
VerDate Sep<11>2014
18:50 Nov 17, 2015
Jkt 238001
that there will be a one-time capital/
startup cost of $34,537.20 [3000 covered
chemical facilities × 0.17 hours × $67.72
(average hourly wage rate for Site
Security Officers)]. The rounded
estimate is $34,600.
Total Recordkeeping Burden
There is no recordkeeping burden for
this instrument.
Total Annual Burden Cost
The total burden for the identification
of additional potential chemical
facilities of interest and assets at risk is
$36,966.3164 [35.87 annual burden
hours × $67.72 (average hourly rate for
Site Security Officers) + $34,537.20
(Capital/Startup Burden Cost)]. The
rounded estimate is $37,000.
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 Security Assessment
Tool.
OMB Number: 1670–0007.
Instrument: CSAT Top-Screen.
Frequency: ‘‘On occasion’’ and
‘‘Other.’’
Affected Public: Business or other forprofit.
Number of Respondents: 1,000
respondents (estimate).
Estimated Time per Respondent: 6.00
hours.
Total Burden Hours: 9,200 hours.
Total Burden Cost (capital/startup):
$15,005,400.
Total Recordkeeping Burden: $0.
Total Burden Cost: $15,623,400.
Instrument: Security Vulnerability
Assessment and Alternative Security
PO 00000
Frm 00054
Fmt 4703
Sfmt 4703
72093
Program submitted in lieu of the
Security Vulnerability Assessment.
Frequency: ‘‘On occasion’’ and
‘‘Other.’’
Affected Public: Business or other forprofit.
Number of Respondents: 211
respondents.
Estimated Time per Respondent: 2.65
hours.
Total Burden Hours: 900 hours.
Total Burden Cost (capital/startup):
$0.
Total Recordkeeping Burden: $0.
Total Burden Cost: $58,600.
Instrument: Site Security Plan and
Alternative Security Program submitted
in lieu of the Site Security Plan.
Frequency: ‘‘On occasion’’ and
‘‘Other.’’
Affected Public: Business or other forprofit.
Number of Respondents: 211
respondents.
Estimated Time per Respondent:
18.75 hours.
Total Burden Hours: 8,000 hours.
Total Burden Cost (capital/startup):
$0.
Total Recordkeeping Burden:
$438,800.
Total Burden Cost: $976,400.
Instrument: CFATS Helpdesk.
Frequency: ‘‘On occasion’’ and
‘‘Other.’’
Affected Public: Business or other forprofit.
Number of Respondents: 15,000
respondents.
Estimated Time per Respondent: 0.17
hours.
Total Burden Hours: 2,550 annual
burden hours.
Total Burden Cost (capital/startup):
$0.
Total Recordkeeping Burden: $0.
Total Burden Cost: $172,700.
Instrument: CSAT User Registration.
Frequency: ‘‘On occasion’’ and
‘‘Other.’’
Affected Public: Business or other forprofit.
Number of Respondents: 1000
respondents.
Estimated Time per Respondent: 2
hours.
Total Burden Hours: 2,000 hours.
Total Burden Cost (capital/startup):
$283,600.
Total Recordkeeping Burden: $0.
Total Burden Cost: $419,000.
Instrument: Identification of Facilities
and Assets At Risk.
Frequency: ‘‘On occasion’’ and
‘‘Other.’’
Affected Public: Business or other forprofit.
Number of Respondents: 211
respondents.
E:\FR\FM\18NON1.SGM
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72094
Federal Register / Vol. 80, No. 222 / Wednesday, November 18, 2015 / Notices
Estimated Time per Respondent: 0.17
hours.
Total Burden Hours: 40 hours.
Total Burden Cost (capital/startup):
$34,600.
Total Recordkeeping Burden: $0.
Total Burden Cost: $37,000.
Dated: October 30, 2015.
Scott Libby,
Deputy Chief Information Officer, National
Protection and Programs Directorate,
Department of Homeland Security.
[FR Doc. 2015–29457 Filed 11–17–15; 8:45 am]
BILLING CODE 9110–9P–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5903–N–01]
Notice of Single Family Loan Sales
(SFLS 2016–1)
Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, HUD.
ACTION: Notice of sales of mortgage
loans.
AGENCY:
This notice announces HUD’s
intention to competitively sell certain
unsubsidized single family mortgage
loans, in a sealed bid sale offering called
SFLS 2016–1, without Federal Housing
Administration (FHA) mortgage
insurance. This notice also generally
describes the bidding process for the
sale and certain persons who are
ineligible to bid. This is the first sale
offering of Fiscal Year (FY) 2016 and the
sale will be held on November 18, 2015.
DATES: For this sale action, the Bidder’s
Information Package (BIP) was made
available to qualified bidders on
October 21, 2015. Bids for the 2016–1
sale will be accepted on the Bid Date of
November 18, 2015 (Bid Date). HUD
anticipates that award(s) will be made
on or about November 19, 2015 (the
Award Date).
ADDRESSES: To become a qualified
bidder and receive the BIP, prospective
bidders must complete, execute, and
submit a Confidentiality Agreement and
a Qualification Statement acceptable to
HUD. Both documents are available via
the HUD Web site at: https://
www.hud.gov/sfloansales or via: https://
www.verdiassetsales.com.
Please mail and fax executed
documents to Verdi Consulting, Inc.:
Verdi Consulting, Inc., 8400 Westpark
Drive, 4th Floor, McLean, VA 22102,
Attention: HUD SFLS Loan Sale
Coordinator, Fax: 1–703–584–7790.
FOR FURTHER INFORMATION CONTACT: John
Lucey, Director, Asset Sales Office,
asabaliauskas on DSK5VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:50 Nov 17, 2015
Jkt 238001
Room 3136, Department of Housing and
Urban Development, 451 Seventh Street
SW., Washington, DC 20410–8000;
telephone 202–708–2625, extension
3927. Hearing- or speech-impaired
individuals may call 202–708–4594
(TTY). These are not toll-free numbers.
SUPPLEMENTARY INFORMATION: HUD
announces its intention to sell in SFLS
2016–1 certain unsubsidized nonperforming mortgage loans (Mortgage
Loans) secured by single family
properties located throughout the
United States. A listing of the Mortgage
Loans is included in the due diligence
materials made available to qualified
bidders. The Mortgage Loans will be
sold without FHA insurance and with
servicing released. HUD will offer
qualified bidders an opportunity to bid
competitively on the Mortgage Loans.
The Loans will be offered in two pool
types. The Department will offer
national loan pools for bid and will also
offer regionally-based pools, with
additional purchaser requirements, that
are called the Neighborhood
Stabilization Outcome pools. Three of
these Neighborhood Stabilization
Outcome pools will be designated for
bidding by qualified non-profit or unit
of local government entities only. These
pools are located in Tampa, Florida,
Chicago, Illinois, and the state of
Massachusetts.
The Bidding Process
The BIP describes in detail the
procedure for bidding in SFLS 2016–1.
The BIP also includes a standardized
non-negotiable Conveyance, Assignment
and Assumption Agreement (CAA
Agreement). Qualified bidders will be
required to submit a deposit with their
bid. Deposits are calculated based upon
each qualified bidder’s aggregate bid
price.
HUD will evaluate the bids submitted
and determine the successful bid, in
terms of the best value to HUD, in its
sole and absolute discretion. If a
qualified bidder is successful, the
qualified bidder’s deposit will be nonrefundable and will be applied toward
the purchase price. Deposits will be
returned to unsuccessful bidders.
This notice provides some of the basic
terms of sale. The CAA Agreement,
which is included in the BIP, provides
comprehensive contractual terms and
conditions. To ensure a competitive
bidding process, the terms of the
bidding process and the CAA
Agreement are not subject to
negotiation.
Due Diligence Review
The BIP describes how qualified
bidders may access the due diligence
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Fmt 4703
Sfmt 4703
materials remotely via a high-speed
Internet connection.
Mortgage Loan Sale Policy
HUD reserves the right to remove
Mortgage Loans from SFLS 2016–1 at
any time prior to the Award Date. HUD
also reserves the right to reject any and
all bids, in whole or in part, and include
any Mortgage Loans in a later sale.
Deliveries of Mortgage Loans will occur
in at least two monthly settlements and
the number of Mortgage Loans delivered
will vary depending upon the number of
Mortgage Loans the Participating
Servicers have submitted for the
payment of an FHA insurance claim.
The Participating Servicers will not be
able to submit claims on loans that are
not included in the Mortgage Loan
Portfolio set forth in the BIP. There can
be no assurance that any Participating
Servicer will deliver a minimum
number of Mortgage Loans to HUD or
that a minimum number of Mortgage
Loans will be delivered to the
Purchaser.
The SFLS 2016–1 Mortgage Loans are
assigned to HUD pursuant to section
204(a)(1)(A) of the National Housing Act
as amended under Title VI of the
Departments of Veterans Affairs and
Housing and Urban Development and
Independent Agencies Appropriations
Act, 1999. The sale of the Mortgage
Loans is pursuant to section 204(g) of
the National Housing Act.
Mortgage Loan Sale Procedure
HUD selected an open competitive
whole-loan sale as the method to sell
the Mortgage Loans for this specific sale
transaction. For SFLS 2016–1, HUD has
determined that this method of sale
optimizes HUD’s return on the sale of
these Mortgage Loans, affords the
greatest opportunity for all qualified
bidders to bid on the Mortgage Loans,
and provides the quickest and most
efficient vehicle for HUD to dispose of
the Mortgage Loans.
Bidder Ineligibility
In order to bid in SFLS 2016–1 as a
qualified bidder, a prospective bidder
must complete, execute and submit both
a Confidentiality Agreement and a
Qualification Statement acceptable to
HUD and applicable to the loan pool
being purchased. In the Qualification
Statement, the prospective bidder must
provide certain representations and
warranties regarding (i) a prospective
bidder, (ii) a prospective bidder’s board
of directors, (iii) a prospective bidder’s
direct parent, (iii) a prospective bidder’s
subsidiaries, and (iv) any related entity
with which the prospective bidder
shares a common officer, director,
E:\FR\FM\18NON1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 222 (Wednesday, November 18, 2015)]
[Notices]
[Pages 72086-72094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29457]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
[Docket No. DHS-2015-0058]
Chemical Security Assessment Tool (CSAT)
AGENCY: National Protection and Programs Directorate, DHS.
ACTION: 60-Day notice and request for comments; Revision of Information
Collection Request: 1670-0007.
-----------------------------------------------------------------------
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).
DATES: Comments are encouraged and will be accepted until January 19,
2016. This process is conducted in accordance with 5 CFR 1320.8.
ADDRESSES: Interested persons are invited to submit comments on the
proposed information collection through the Federal eRulemaking Portal
at https://www.regulations.gov. All submissions received must include
the words ``Department of Homeland Security'' and the docket number
DHS-2015-0058. Except as provided below, comments received will be
posted without alteration at https://www.regulations.gov, including any
personal information provided.
Comments 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 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 CFATS Program Manager at the Department of Homeland Security, 245
Murray Lane SW., Mail Stop 0610, Arlington, VA 20528-0610. Comments
must be identified by docket number DHS-2015-0058.
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\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.
\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: 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 2014, the President signed into law the Protecting and
Securing Chemical Facilities from Terrorist Attacks Act of 2014 (the
CFATS Act of 2014), Public Law 113-254, which authorized the Chemical
Facility Anti-Terrorism Standards 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.
---------------------------------------------------------------------------
The CFATS regulations (available at 6 CFR part 27) govern 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
range of tailored measures to satisfy the regulations' Risk-Based
Performance Standards (RBPS).
The Department collects the core regulatory data necessary to
implement CFATS through the portions of the Chemical Security
Assessment Tool (CSAT) covered under this collection. For more
information about CFATS and CSAT, you may access www.dhs.gov/chemicalsecurity. The current information collection for CSAT (IC
[[Page 72087]]
1670-0007) will expire on April 30, 2016.\5\
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\5\ The current information collection for CSAT may be found at
https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201303-1670-001
---------------------------------------------------------------------------
The Department's Methodology in Estimating the Burden for the Top-
Screen
Number of Respondents
The current information collection estimated that 2,500 respondents
would submit a Top-Screen annually. That estimate, which is taken from
the 2007 CFATS Regulatory Assessment,\6\ was derived by averaging the
estimated number of respondents that would complete a Top-Screen during
calendar year (CY) 2012-2014 that had not previously submitted a Top-
Screen. In actuality, during CY 2012-2014, there were 2,574 respondents
(i.e., chemical facilities of interest) that submitted a Top-Screen for
the first time. This information is displayed in Table 1 below:
---------------------------------------------------------------------------
\6\ See Section 3 and Table 6 of the 2007 CFATS Regulatory
Assessment, https://www.regulations.gov/#!documentDetail;D=DHS-2006-
0073-0116.
Table 1--Top-Screen Respondents
[Estimated versus actual]
----------------------------------------------------------------------------------------------------------------
Year 1 CY 2012 Year 2 CY 2013 Year 3 CY 2014 Total Average annual
----------------------------------------------------------------------------------------------------------------
Estimated number of Top-Screen 2,500 2,500 2,500 7,500 2,500.
respondents in the current
information collection.
---------------------------------------------------------------------------------
Total Number of 412 1,434 728 2,574 858 (rounded).
Respondents.
----------------------------------------------------------------------------------------------------------------
Because the annual average of 858 respondents is less than half of
the annual number of respondents estimated in the 2007 CFATS Regulatory
Evaluation for CY 2012-2014 (i.e., 2,500), the Department will revise
the estimated number of respondents for this instrument to 1,000
respondents annually.
Estimated Time per Respondent
In the current information collection, the estimated time per
respondent to prepare and submit a Top-Screen is 11.25 hours. This
estimate assumed that the majority of the burden associated with the
Top-Screen was outside of the Department's ability to quantitatively
measure. However, by using the data collected during CY 2012-2014, the
Department was able to measure the duration a respondent was logged
into the Top-Screen application. Based upon actual historical data, the
Department determined that 95% percent of respondents, who submitted
Top-Screens, were logged into the CSAT Top-Screen application for no
more than 1.2 hours (72 minutes). In response to previous comments
provided by stakeholders in the last round of public comments on this
Information Collection, the Department estimates that for every hour a
respondent is logged into the CSAT Top-Screen application, the
respondent spends an average of four hours in preparation.\7\
Therefore, for the purposes of this notice, the Department's estimated
time per respondent to submit a Top-Screen is 6 hours [1.2 hours + (1.2
hours x 4 hours)]. To account for the anticipated resubmission by
respondents, the Department further estimates that 50 percent of the
respondents will submit two Top-Screens.\8\
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\7\ The comments and the Department's response are described in
the 30-day notice the Department published for this Information
Collection in March of 2013 (https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201303-1670-001)
\8\ The Department analyzed the amount of time a respondent was
logged into CSAT when submitting an initial Top-Screen versus an
additional Top-Screen and determined that while there was a slight
difference in the burden per response (i.e., Additional Top-Screens
took on average 15% less time). The Department, for the purposes of
this notice, opted not to break out the initial and subsequent Top-
Screens to analyze the minimal burden difference.
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The Department expects to implement a revised Top-Screen with the
approval of this information collection. The Department expects that as
a result of the revised Top-Screen respondents will spend about
approximately the same amount of time logged into the CSAT Top-Screen
application as Top-Screen users have, historically. The revised Top-
Screen will: (1) Streamline the entry of information about chemicals of
interest (COI) into CSAT; (2) add new questions to assist respondents
in identifying the COI related security issue(s); (3) include questions
currently asked in the current Security Vulnerability Assessment (SVA)
and Alternative Security Program (ASP) Instrument; and (4) utilize
geospatial technology to identify area of highest quantity.
The Department also collects supporting documentation from
approximately half of the respondents. Based upon the Department's day-
to-day informal discussions with respondents, the Department believes
that a reasonable burden for the gathering and provision of supporting
documentation is 0.25 hours.
Annual Burden Hours
The annual burden hours for the Top-Screen is [6 hours x 1,000
respondents x 1.5 responses per respondent], which equals 9,000 hours.
The annual burden hours to submit supporting documentation is 125 hours
[0.25 hours x 500 respondents x one response per respondent].
Therefore, the Department estimates that the total annual burden
hours for the Top-Screen is 9,125 hours [9,000 hours + 125 hours]. The
rounded estimate is 9,200 hours.
Total Burden Cost (Capital/Startup)
The Department provides access to CSAT free of charge and the
Department assumes that each respondent already has access to the
internet for basic business needs.
As mentioned previously in this notice, the Department expects to
revise the Top-Screen when this information collection is approved. The
revised Top-Screen will enable the Department to begin using an
improved tiering methodology that incorporates the relevant elements of
risk, which was mandated by Section 2102(e)(2) of the Protecting and
Securing Chemical Facilities from Terrorist Attacks Act of 2014 (the
CFATS Act of 2014). As a result of the development of the new tiering
methodology, the Department is considering requesting chemical
facilities of interest that have chemical holdings at or above the
screening
[[Page 72088]]
threshold quantities on Appendix A of CFATS to complete the Top-Screen,
even if the facility has previously completed a Top-Screen and been
determined not to be high-risk. Between the effective date of CFATS in
June 2007 and December 2014, the Department has received Top-Screens
from approximately 36,930 unique facilities. Therefore the Department
estimates that there will be a one-time capital/startup cost of
$15,005,397.60 [36,930 facilities x 6 hours x $67.72 (average hourly
wage rate for Site Security Officers)]. The rounded estimate is
$15,005,400.
Total Recordkeeping Burden
A respondent that has submitted a Top-Screen may or may not be
determined by the Department to present a high level of security risk.
Only respondents that present a high level of security risk are
required to keep records mandated by CFATS.
For respondents that ultimately are determined not to present a
high level of security risk, the Department estimates any CFATS
recordkeeping burden to be de minimis.
For respondents that are determined to present a high level of
security risk, the Top-Screen recordkeeping burden is accounted for
within the recordkeeping burden estimate for the ``Site Security Plan
(SSP) and Alternative Security Program (ASP) submitted in lieu of the
Site Security Plan,'' discussed later in this notice. The recordkeeping
burden estimate for the ``Site Security Plan (SSP) and Alternative
Security Program (ASP) submitted in lieu of the Site Security Plan''
accounts for all records respondents are required to maintain under
CFATS because the Department assumes that respondents maintain their
Top-Screen records and any other required records in the same manners,
formats, and locations as they maintain their SSP/ASP records.
Total Annual Burden Cost
The 2007 CFATS Regulatory Evaluation assumes that Site Security
Officers are responsible for submitting Top-Screens. 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 9,125 hours by the average hourly wage
rate of Site Security Officers of $67.72 per hour \9\ and then added
the one-time startup cost. Therefore, the total annual burden cost for
the Top-Screen instrument is $15,623,342.60 [9,125 total annual burden
hours x $67.72 per hour + $15,005,397.60]. The rounded estimate is
$15,623,400.
---------------------------------------------------------------------------
\9\ The average hourly wage rate was based on an average hourly
wage rate of $47.21 with a benefits multiplier of 1.43. The $47.21
rate was based on 2014 dollars using the Consumer Price Index (CPI).
U.S. Department of Labor, Bureau of Labor Statistics; ``Table 24.
Historical Consumer Price Index for All Urban Consumers (CPI-U): U.
S. city average, all;'' Annual Average; July 2015. Available at:
https://www.bls.gov/cpi/tables.htm, last accessed on September 9,
2015.
---------------------------------------------------------------------------
The Department's Methodology in Estimating the Burden for the Security
Vulnerability Assessment (SVA) & Alternative Security Program (ASP)
Submitted in Lieu of the Security Vulnerability Assessment
Number of Respondents
The current information collection estimated that 740 respondents
would complete an SVA/ASP annually during CY 2012-2014 that had not
previously submitted an SVA/ASP. The number of respondents was derived
by a two-step process. The first step estimated the expected number of
SVAs/ASPs by multiplying the estimated number of Top-Screens in each CY
by the percentage of Top-Screens that resulted in a determination by
the Department that an SVA or ASP in lieu of an SVA must be submitted
by a respondent (i.e., a covered chemical facility). When the current
information collection was approved in September of 2014, that rate was
29.6 percent. The estimated number of SVAs or ASPs in lieu of SVAs that
must be submitted by respondents was then averaged. See the table below
for estimates.
Table 2--SVA/ASP Respondent Estimates in Current Information Collection Based on Top-Screen Respondents
----------------------------------------------------------------------------------------------------------------
Year 1 CY 2012 Year 2 CY 2013 Year 3 CY 2014 Total Average annual
----------------------------------------------------------------------------------------------------------------
Estimated number of Top-Screen 2,500 2,500 2,500 7,500 2,500
Respondents in the current
information collection.........
Estimated number of SVA/ASP 740 740 740 2,220 740
Respondents in the current
information collection.........
----------------------------------------------------------------------------------------------------------------
In actuality, during CY2012-2014, there were 633 respondents (i.e.,
chemical facilities of interest) that submitted an SVA/ASP for the
first time. This information is displayed in Table 3 below:
Table 3--SVA/ASP Respondents
[Estimated versus actual]
----------------------------------------------------------------------------------------------------------------
Year 1 CY 2012 Year 2 CY 2013 Year 3 CY 2014 Total
----------------------------------------------------------------------------------------------------------------
Estimated number of SVA/ASP respondents in the 740 740 740 2,220
current information collection.................
Actual Number of Respondents.................... 136 315 182 633
----------------------------------------------------------------------------------------------------------------
The Department is satisfied that the methodology to estimate the
number of respondents is reasonable because the percentage of Top-
Screens that resulted in a determination by the Department that an SVA
or ASP in lieu of an SVA was relatively stable. Historical data from
the Department during CY 2012-2014 revealed that the percentage of Top-
Screens that subsequently resulted in a determination that an SVA or
ASP in lieu of an SVA must be submitted by
[[Page 72089]]
a respondent was 21.1 percent. This is a small change from the previous
percentage of 29.6 percent. The estimated number of SVAs or ASPs in
lieu of SVAs that must be submitted by respondents was determined by CY
and then averaged. Therefore, for the purposes of this notice, the
number of SVA/ASP respondents is 211 [1,000 Top-Screen Respondents x
0.211]. The Department opted to not round the estimate. See table
below.
Table 4--SVA/ASP Respondents Estimates in This Notice Based on Top-Screen Respondents
----------------------------------------------------------------------------------------------------------------
Year 1 CY 2012 Year 2 CY 2013 Year 3 CY 2014 Total Average annual
----------------------------------------------------------------------------------------------------------------
Estimated number of Top-Screen 1,000 1,000 1,000 3,000 1,000
responses in this notice.......
Estimated number of SVA/ASP 211 211 211 633 211
responses in this notice.......
----------------------------------------------------------------------------------------------------------------
Estimated Time per Respondent
The current information collection estimated the time per
respondent for preparing and submitting an SVA/ASP to be 65 hours. This
estimate assumed that the majority of the burden associated with the
SVAs/ASPs was outside of the Department's ability to quantitatively
measure. However, by using the data collected during CY 2012-2014, the
Department was able to measure the duration a respondent was logged
into the SVA/ASP application. Based upon actual historical data, the
Department determined that 95 percent of respondents who submitted SVAs
were logged into the CSAT SVA/ASP application for no more than 5.3
hours.
The Department expects to implement a revised SVA/ASP with the
approval of this information collection. The Department expects that as
a result of the revised SVA/ASP respondents will spend 90 percent less
time logged into the SVA/ASP application because the revised SVA/ASP
will (1) have duplicative questions removed that exist in the SSP/ASP;
(2) a few questions will be moved to the Top-Screen to support the
improved tiering methodology; and (3) the attack scenarios and related
questions will also be removed.
In response to previous comments provided by stakeholders in the
last round of public comments on this Information Collection, the
Department estimates that for every hour a respondent is logged into
the CSAT SVA/ASP application, it spends an average of four hours in
preparation. Therefore, for the purpose of this notice, the
Department's estimated time per respondent to submit an SVA/ASP is 2.65
hours [(5.3 hours x 0.1) + (5.3 hours x 0.1) x 4 hours].\10\
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\10\ The numerical value of 0.1 is used to reflect that 90%
reduction of time a respondent is expected to be logged into the
CSAT SVA/ASP.
---------------------------------------------------------------------------
During CY 2012-2014, for every initial submission of an SVA,
respondents generally submit two additional SVA/ASPs. However, the
Department believes that the reasons for this higher than expected
resubmission rate have been addressed and will not be repeated.
Therefore, the Department anticipates that only 50 percent of the
respondents will submit two SVA/ASPs.\11\
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\11\ The Department analyzed the amount of time a respondent was
logged into CSAT when submitting an initial SVA/ASP versus an
additional SVA/ASP and determined that additional SVAs/ASPs took 3%
more time on average than initial SVAs/ASPs. The Department, for the
purposes of this notice, opted not to break out the initial and
subsequent SVAs/ASPs to analyze the minimal burden difference.
---------------------------------------------------------------------------
The Department also collects supporting documentation from
approximately half of the respondents. Based upon the Department's day-
to-day informal discussions with respondents, the Department believes
that a reasonable burden for gathering and provision of supporting
documentation is 0.25 hours per respondent.
Annual Burden Hours
The annual burden hours for an SVA/ASP is 838.725 hours [211
respondents x 2.65 hours x 1.5 responses per respondent].
The annual burden estimate to obtain supporting documentation is
26.375 hours [0.25 hours x 211 respondents x 0.5 x 1 response per
respondent].
Therefore, the Department estimates that the total annual burden in
hours for the SVA/ASP is 865.10 hours [838.725 hours + 26.375 hours].
The rounded estimate is 900 hours.
Total Burden Cost (Capital/Startup)
The Department provides access to CSAT free of charge, and the
Department assumes that each respondent already has access to the
internet for basic business needs. Therefore, for the purposes of this
notice, the Department estimates that there are no capital/startup
costs.
Total Recordkeeping Burden
A respondent that has submitted an SVA/ASP may or may not be
determined by the Department to present a high level of security risk.
Only respondents that present a high level of security risk have a
recordkeeping requirement.
For respondents that ultimately are determined not to present a
high level of security risk, the Department estimates any CFATS
recordkeeping burden to be de minimis.
For respondents that are determined to present a high level of
security risk, the SVA recordkeeping burden is accounted for within the
recordkeeping burden estimate for the ``Site Security Plan (SSP) and
Alternative Security Program (ASP) submitted in lieu of the Site
Security Plan,'' discussed later in this notice. The recordkeeping
burden estimate for the ``Site Security Plan (SSP) and Alternative
Security Program (ASP) submitted in lieu of the Site Security Plan''
accounts for all records respondents are required to maintain under
CFATS because the Department assumes that respondents maintain their
Top-Screen records and any other required records in the same manners,
formats, and locations as they maintain their SSP/ASP records.
Total Annual Burden Cost
The 2007 CFATS Regulatory Evaluation assumes that Site Security
Officers will be responsible for submitting SVA/ASPs. For the purpose
of this notice, the Department maintains this assumption.
The total annual burden cost for the SVA/ASP is $58,584.57 [865.10
total annual burden hours x $67.72 (average hourly wage rate for Site
Security Officers)]. The rounded estimate is $58,600.
The Department's Methodology in Estimating the Burden for Site Security
Plan (SSP) & Alternative Security Program (ASP) Submitted in Lieu of
the Site Security Plan
Number of Respondents
The current information collection estimated that 486 respondents
would complete an SSP/ASP annually during CY 2012-2014 that had not
previously submitted an SSP/ASP. In actuality, during CY2012-2014,
there were 336 respondents that submitted an SSP/ASP
[[Page 72090]]
for the first time.\12\ This information is displayed in Table 5 below:
---------------------------------------------------------------------------
\12\ Between 2012 and 2014, the Department made substantial
progress in addressing the number of SSP/ASPs received prior to 2012
from covered chemical facilities. The Department received 2,721 SVA/
ASPs during CY2012 through CY2014 (i.e., 103 revised SSP/ASP in
2012, 1,026 revised SSP/ASPs in 2013, and 1,592 SSP/ASPs in 2014).
The Department accounts for the cost of resubmitted SVA/ASPs in the
next section titled, ``Estimated Time Per Respondent.''
Table 5--SSP/ASP Respondents
[Estimated versus actual]
----------------------------------------------------------------------------------------------------------------
Year 1 CY 2012 Year 2 CY 2013 Year 3 CY 2014 Total
----------------------------------------------------------------------------------------------------------------
Estimated number of SSP/ASP respondents in the 486 486 486 1,458
current information collection.................
Actual Number of Respondents.................... 0 118 218 336
----------------------------------------------------------------------------------------------------------------
The Department expects to revise both the SVA/ASP and the SSP/ASP
with this information collection. One of the expected outcomes of
revisions is that potentially 100 percent of respondents to the SVA/ASP
will be a respondent of the SSP/ASP, due to the improved tiering
methodology that will be implemented by the Department using data
collected through the Top-Screen instrument. The Department anticipates
both greater accuracy in the initial tiering determination and also
substantially greater confidence in the tiering result. Hence, while
the Department reserves the right and ability to conduct a second
tiering as described in 6 CFR 27.220, the Department anticipates
relying on the results of initial tiering determination for the second
tiering unless the Department identifies a reason for not doing so on a
case by case basis. An important benefit of this approach is that the
lengthy tiering process will be streamlined for the majority of
respondents that previously would have been required to complete a
second survey in order to receive a final determination of not high
risk. These facilities would have to only complete the Top-Screen to
get to the same determination. For the purpose of estimating the number
of respondents that will complete an SSP/ASP in this notice, the
Department will make it equal to the number of SVA/ASP respondents, 211
respondents, because all SVA/ASP respondents will be expected to
subsequently complete the SSP/ASP.
The Department considered modifying the number of SSP/ASP
respondents to account for submissions of SSPs due to requirements of
Section 2102 of the Homeland Security Act of 2002, which among other
actions, modifies CFATS by adding a new process by which a respondent,
assigned to (risk-based) Tier 3 or Tier 4 by the Department, can meet
its regulatory requirement to draft and implement a Site Security Plan
through a new process called the ``Expedited Approval Program.'' The
Department ultimately has not has opted to not adjust the number of
respondents because: (1) Most Tier 3 and Tier 4 facilities have
approved SSPs; and (2) to date the Department has received few
notifications from Tier 3 and Tier 4 facilities indicating that they
plan to use the Expedited Approval Program.
Estimated Time per Respondent
The current information collection estimated the time per
respondent for preparing and submitting a SSP/ASP to be 225 hours. This
estimate assumed that the majority of the burden associated with the
SSPs/ASPs is outside of the Department's ability to quantitatively
measure. However, by using the data during CY 2012-2014, the Department
was able to measure the duration a respondent was logged into the SSP/
ASP application. The Department determined that 95 percent of
respondents who submitted SSPs were logged into the CSAT SSP/ASP
application for no more than 12.5 hours.
As mentioned earlier in this notice, the Department expects to
revise the SSP/ASP when this information collection is approved. The
Department expects that as a result of the revised SSP/ASP respondents
will spend 70 percent less time logged into the SSP/ASP application
because the SSP/ASP will (1) have duplicative and unnecessary questions
removed that exist in the SVA/ASP (e.g., questions related to asset
identification in the SSP) and import relevant answers from the SVA/
ASP, and (2) reorganize the SSP/ASP questions in a streamlined process
based upon the Department's experience with respondents over the past
several years. The reorganization of SSP/ASP questions will allow the
Department to also remove repetitive questions
In response to previous comments provided by stakeholders in the
last round of public comments on this Information Collection, the
Department estimates that for every hour a respondent is logged into
the CSAT SSA/ASP application, it spends an average of four hours in
preparation. Therefore, for the purpose of this notice, the
Department's estimated time per respondent to submit an SSP/ASP is
18.75 hours. [(12.5 hours x 0.3) + ((12.5 hours x 0.3) x 4 hours)].\13\
The rounded estimate is 18.75 hours.
---------------------------------------------------------------------------
\13\ The numerical value of 0.3 is used to reflect that 70%
reduction of time a respondent is expected to be logged into the
CSAT SSP/ASP.
---------------------------------------------------------------------------
As mentioned earlier in this notice, there was a higher than
expected resubmission of SSP/ASPs. In fact during CY 2012-2014, there
were 2,721 SSP/ASPs resubmitted. The vast majority of the resubmissions
were submitted by respondents who has submitted an initial SSP/ASP
prior to CY 2012. To account for the increased resubmission of SSP/ASPs
by respondents, the Department estimates that each respondent will
submit an additional SSP/ASP.\14\
---------------------------------------------------------------------------
\14\ The Department analyzed the amount of time a respondent was
logged into CSAT when submitting an initial SSP/ASP versus an
additional SSP/SVP and determined that additional SVA/ASPs took 14%
less time on average than initial SSP/ASPs. The Department, for the
purposes of this notice, opted not to break out the initial and
subsequent SSP/ASPs to analyze the minimal burden difference.
---------------------------------------------------------------------------
The Department also collects supporting documentation from
approximately half of the respondents. Based upon the Department's day-
to-day informal discussions with respondents, the Department believes
that a reasonable burden for the gathering and provision of supporting
documentation is 0.25 hours per respondent.
Annual Burden Hours
The annual burden hours for SSP/ASP submission is 7,912.50 hours
[18.75 hours x 211 SSP/ASP
[[Page 72091]]
respondents x 2 response per respondent].
The annual burden hours for obtaining supporting documentation is
26.3750 hours [0.25 hours x (0.5 x 211 SSP/ASP respondents) x (one
response per respondent)].
Therefore, the Department estimates that the total annual burden
hours for SSP/ASP submission is 7,938.8750 hours [7,912.50 hours +
26.3750 hours]. The rounded estimate is 8,000 hours.
Total Burden Cost (Capital/Startup)
The Department provides access to CSAT free of charge, and the
Department assumes each respondent already has access to the internet
for basic business needs. Therefore, for the purposes of this notice,
the Department estimates that there are no capital/startup costs.
Total Recordkeeping Burden
The recordkeeping burden estimate for the ``Site Security Plan
(SSP) and Alternative Security Program (ASP) submitted in lieu of the
Site Security Plan'' accounts for the recordkeeping burden high-risk
chemical facilities are required to maintain under CFATS, including SSP
and ASP records because the Department assumes that respondents
maintain their records and any other required records in the same
manners, formats, and locations as they maintain their SSP/ASP records.
Therefore, the Department believes it is reasonable to estimate the
recordkeeping burden for all respondents under the recordkeeping burden
for the ``Site Security Plan (SSP) and Alternative Security Program
(ASP) submitted in lieu of the Site Security Plan.''
Records maintained under CFATS, including SSP/ASP records and other
records listed at 6 CFR 27.255, may be kept in electronic or paper
formats as long as they are reasonably protected. For the purpose of
this notice, the Department assumes that all respondents will purchase
a locked filing cabinet to maintain records at a cost of $350 each. In
addition, respondents that use paper records will also incur the cost
of additional paper and printer ink/toner. The Department assumes an
additional box of paper ($50) and additional printer ink/toner supplies
($200). Thus, the physical cost related to record keeping for each SSP/
ASP respondent is $600 (i.e., $350 for the filing cabinet plus $250 for
paper and toner) for the first year and $250 per year for the second
and third year. Thus, the annual average cost, for physical costs
related to paper-based recordkeeping, is $367 per SSP/ASP.
Table 6--SSP/ASP Paper-Based Recordkeeping Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Locked filing Paper and ink/
cabinet cost toner Cost Year 1 cost Year 2 cost Year 3 cost Average annual cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
SSP/ASP........................... $350 $250 $600 $250 $250 $367 (rounded).
--------------------------------------------------------------------------------------------------------------------------------------------------------
The Department assumes that clerical staff will spend 48 hours per
year (four hours per month) maintaining records, such as filing,
binding, etc. For the purpose of this notice the Department used the
wage rate of $37.51 per hour.\15\ Thus, the Department estimates the
labor related to paper-based recordkeeping burden is $1,800.48 per SSP/
ASP [48 hours x $37.51].
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\15\ The average hourly wage rate was based on an average hourly
wage rate of $26.15 with a benefits multiplier of 1.43. The $37.51
rate was based on 2014 dollars using the Consumer Price Index (CPI).
U.S. Department of Labor, Bureau of Labor Statistics; ``Table 24.
Historical Consumer Price Index for All Urban Consumers (CPI-U):
U.S. city average, all;'' Annual Average; July 2015. Available at:
https://www.bls.gov/cpi/tables.htm, last accessed on September 9,
2015.
---------------------------------------------------------------------------
Alternatively, although it is not required, businesses may keep
their records electronically. Under this scenario, the Department
maintains its assumption that a small number of respondents (i.e., 5
percent) will purchase a computer loaded with basic spreadsheet
software. For the purpose of this notice, the Department assumes that 5
percent of respondents will purchase a computer and printer to maintain
records at a total cost of $1,000. Thus, the annual average cost for
physical costs related to electronic-based recordkeeping is $333
(rounded) per SSP/ASP.
The Department assumes that there will be a larger time commitment
for updating records and inputting data into a spreadsheet. Hence, the
Department maintains its estimate of six hours per month to maintain
electronic records. Thus, the Department estimates the labor related to
electronic-based recordkeeping burden is $2,700.72 [72 hours x $37.51
(average hourly wage rate for clerical staff)].
Therefore, for the purposes of this notice, the Department
estimates that the annual recordkeeping burden is $438,744.116 [($367 +
$1,800.48) x (0.95 x 211 SSP/ASP respondents) + [($333 + $2,700.72) x
(0.05 x 211 SSP/ASP respondents)]. The rounded estimate is $438,800.
Total Annual Burden Cost
The total annual burden cost for the SSP/ASP is $976,364.731
[7,938.8750 hours multiplied by $67.72 (average hourly wage rate for
Site Security Officers) + $438,744.116 (total annual recordkeeping
burden)]. The rounded estimate is $976,400.
The Department's Methodology in Estimating the Burden for the Helpdesk
Number of Respondents
The Department evaluated the historical data to determine if the
current information collection estimate of 15,000 respondents continued
to be an appropriate estimate for Helpdesk. During CY 2012-2014, the
Helpdesk accepted 30,452 calls and 12,246 emails.
Table 7--Helpdesk Respondents
[Estimated versus actual]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Year 1 CY Year 2 CY Year 3 CY
2012 2013 2014 Total Average annual
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated number of Respondents in current 15,000 15,000 15,000 45,000 15,000.
information collection.
[[Page 72092]]
Actual number of Respondents (phone calls 9,530 15,802 17,366 42,698 14,233 (rounded).
and e-mails).
--------------------------------------------------------------------------------------------------------------------------------------------------------
The actual average annual number of respondents for this time
period was 14,233 respondents (calls and emails). The Department will
maintain the estimated number of respondents of 15,000, based on actual
historical data.
Estimated Time per Respondent
The Department evaluated the historical data to determine if the
estimated time per respondent of 0.17 hours (10 minutes) continued to
be an appropriate estimate. During CY 2012-2014, the actual average
Helpdesk call averaged less than eight minutes.
Table 8--Helpdesk Call Time Averages
----------------------------------------------------------------------------------------------------------------
Year 1 CY 2012 Year 2 CY 2013 Year 3 CY 2014
----------------------------------------------------------------------------------------------------------------
Actual Average Call Time (minutes)........................... 7:38 8:09 7:15
----------------------------------------------------------------------------------------------------------------
The Department does not have any information about the average
amount of time it took respondents to type and send the 12,246 emails
during CY 2012-2014.
Therefore, for the purpose of this notice, the Department has
maintained the estimated time per respondent of 0.17 hours.
Annual Burden Hours
The annual burden hours for the Helpdesk will be 2,550 hours [0.17
hours x 15,000 respondents].
Total Burden Cost (Capital/Startup)
Contacting the CFATS Helpdesk is free, and the Department assumes
that each respondent already has a phone and/or access to the internet
for basic business needs. Therefore, for the purposes of this notice,
the Department estimates that there are no capital/startup costs.
Total Recordkeeping Burden
There is no recordkeeping burden when contacting the CSAT Helpdesk.
Total Annual Burden Cost
The total burden for the Helpdesk is $172,686 [2,550 annual burden
hours x $67.72 (average hourly rate for Site Security Officers)]. The
rounded estimate is $172,700.
The Department's Methodology in Estimating the Burden for the User
Registration
Number of Respondents
The current information collection estimated 625 respondents would
complete the user registration process annually. That estimate is based
on the assumption that the number of respondents for User Registration
will be one-fourth of the number of respondents for the Top-Screen.
During CY 2012-2014, the actual number was 3033 respondents.
Table 9--User Management Respondents
[Estimated versus actual]
----------------------------------------------------------------------------------------------------------------
Year 1 CY Year 2 CY Year 3 CY
2012 2013 2014 Total Average annual
----------------------------------------------------------------------------------------------------------------
Estimated number of Respondents 625 625 625 1,875 625
in current information
collection.....................
Actual number of Respondents.... 510 1704 819 3033 1,011
----------------------------------------------------------------------------------------------------------------
The Department expects the actual number of respondents to
fluctuate. However, for the purposes of this notice the Department
estimates the number of respondents is 1000 annually.
Estimated Time per Respondent
In the current information collection, the estimated time per
respondent is two hours. The Department will maintain the assumption
that two hours is an adequate amount of time for the respondent to (1)
complete the online CSAT User Registration process, and subsequently
(2) collect and submit the necessary signatures on the user access
agreement.
Annual Burden Hours
The annual burden estimate for User Registration is 2,000 hours [2
hours x 1000 respondents].
Total Burden Cost (Capital/Startup)
The Department assumes that each respondent already has a fax
capability and access to the internet for basic business needs.
However, the Department expects to be revising the CSAT User Management
application to reduce the burden on respondents and improve the
functionality of the CSAT User Management application. The Department
expects that there will be a one-time burden for all existing CSAT
Users when the CSAT User Management application is updated. The
Department expects the one-time burden to be 0.17 hours (10 minutes)
per CSAT user. As of September 2015, there were 24,630 active CSAT
accounts; therefore, the Department estimates that there will be a
capital/startup cost of $283,550.4120 [24,630 Active CSAT users x 0.17
hours x $67.72 (average hourly rate for Site
[[Page 72093]]
Security Officers)]. The rounded estimate is $283,600.
Total Recordkeeping Burden
There is no recordkeeping burden for submitting a User Registration
application.
Total Annual Burden Cost
The total burden for User Registration is $418,990.4120 [2,000
annual burden hours x $62.72 (average hourly rate for Site Security
Officers) + $283,550.4120 (Capital/Startup Burden Cost)]. The rounded
estimate is $419,000.
The Department's Methodology in Estimating the Burden for
Identification of Additional Facilities and Assets At Risk
Number of Respondents
The Department may collect information from each respondent of a
SSP/ASP under this instrument. Respondents are not required to provide
this information to the Department for purposes of complying with any
portion of CFATS. The Department estimates the number of respondents to
this instrument will be equal to the number of respondents to the SSP/
ASP, or 211 respondents.
Estimated Time per Respondent
This instrument will request information from covered chemical
facilities about their chemical of interest supply and distribution
chain or other information about their business operations to allow the
Department to potentially identify either potential chemical facilities
of interest or potential assets at risk at the covered chemical
facility. Participation in this collection will be voluntary and
respondents will not be required to provide this information to the
Department for purposes of complying with any portion of CFATS. The
Department expects the estimated time per respondent is 0.17 hours (10
minutes).
Annual Burden Hours
The annual burden estimate is 35.87 hours [0.17 hours x 211
respondents]. The rounded estimate is 40 hours.
Total Burden Cost (Capital/Startup)
The Department expects a one-time burden for covered chemical
facilities with an approved SSP/ASP. There are approximately 3000
covered chemical facilities regulated under CFATS.\16\ Therefore, the
Department estimates that there will be a one-time capital/startup cost
of $34,537.20 [3000 covered chemical facilities x 0.17 hours x $67.72
(average hourly wage rate for Site Security Officers)]. The rounded
estimate is $34,600.
---------------------------------------------------------------------------
\16\ The number of covered chemical facilities fluctuates. For
the purposes of this notice 3,000 represents a reasonable estimate
to estimate the burden this instrument could impose.
---------------------------------------------------------------------------
Total Recordkeeping Burden
There is no recordkeeping burden for this instrument.
Total Annual Burden Cost
The total burden for the identification of additional potential
chemical facilities of interest and assets at risk is $36,966.3164
[35.87 annual burden hours x $67.72 (average hourly rate for Site
Security Officers) + $34,537.20 (Capital/Startup Burden Cost)]. The
rounded estimate is $37,000.
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 Security Assessment Tool.
OMB Number: 1670-0007.
Instrument: CSAT Top-Screen.
Frequency: ``On occasion'' and ``Other.''
Affected Public: Business or other for-profit.
Number of Respondents: 1,000 respondents (estimate).
Estimated Time per Respondent: 6.00 hours.
Total Burden Hours: 9,200 hours.
Total Burden Cost (capital/startup): $15,005,400.
Total Recordkeeping Burden: $0.
Total Burden Cost: $15,623,400.
Instrument: Security Vulnerability Assessment and Alternative
Security Program submitted in lieu of the Security Vulnerability
Assessment.
Frequency: ``On occasion'' and ``Other.''
Affected Public: Business or other for-profit.
Number of Respondents: 211 respondents.
Estimated Time per Respondent: 2.65 hours.
Total Burden Hours: 900 hours.
Total Burden Cost (capital/startup): $0.
Total Recordkeeping Burden: $0.
Total Burden Cost: $58,600.
Instrument: Site Security Plan and Alternative Security Program
submitted in lieu of the Site Security Plan.
Frequency: ``On occasion'' and ``Other.''
Affected Public: Business or other for-profit.
Number of Respondents: 211 respondents.
Estimated Time per Respondent: 18.75 hours.
Total Burden Hours: 8,000 hours.
Total Burden Cost (capital/startup): $0.
Total Recordkeeping Burden: $438,800.
Total Burden Cost: $976,400.
Instrument: CFATS Helpdesk.
Frequency: ``On occasion'' and ``Other.''
Affected Public: Business or other for-profit.
Number of Respondents: 15,000 respondents.
Estimated Time per Respondent: 0.17 hours.
Total Burden Hours: 2,550 annual burden hours.
Total Burden Cost (capital/startup): $0.
Total Recordkeeping Burden: $0.
Total Burden Cost: $172,700.
Instrument: CSAT User Registration.
Frequency: ``On occasion'' and ``Other.''
Affected Public: Business or other for-profit.
Number of Respondents: 1000 respondents.
Estimated Time per Respondent: 2 hours.
Total Burden Hours: 2,000 hours.
Total Burden Cost (capital/startup): $283,600.
Total Recordkeeping Burden: $0.
Total Burden Cost: $419,000.
Instrument: Identification of Facilities and Assets At Risk.
Frequency: ``On occasion'' and ``Other.''
Affected Public: Business or other for-profit.
Number of Respondents: 211 respondents.
[[Page 72094]]
Estimated Time per Respondent: 0.17 hours.
Total Burden Hours: 40 hours.
Total Burden Cost (capital/startup): $34,600.
Total Recordkeeping Burden: $0.
Total Burden Cost: $37,000.
Dated: October 30, 2015.
Scott Libby,
Deputy Chief Information Officer, National Protection and Programs
Directorate, Department of Homeland Security.
[FR Doc. 2015-29457 Filed 11-17-15; 8:45 am]
BILLING CODE 9110-9P-P
