Notice of Request for Revision to and Extension of a Currently Approved Information Collection for Chemical-Terrorism Vulnerability Information (CVI), 34969-34970 [2017-15742]
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Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices
Eisenhower Executive
Office Building, Washington, DC. Due to
limited seating, requests to attend in
person will be accepted and processed
in the order in which they are received.
The meeting’s proceedings will also be
available via Webcast at
www.whitehouse.gov/live, for those who
cannot attend in person. Individuals
who intend to participate in the meeting
will need to register by sending an email
to NIAC@hq.dhs.gov by 5:00 p.m. EST
on Wednesday, August 16, 2017. For
information on facilities or services for
individuals with disabilities, or to
request special assistance at the
meeting, please contact NIAC@
hq.dhs.gov as soon as possible.
Members of the public are invited to
provide comment on the issues to be
considered by the committee as listed in
the SUPPLEMENTARY INFORMATION section
below. Associated briefing materials to
be discussed at the meeting will be
available at www.dhs.gov/niac for
review on Friday, August 11, 2017.
Comments may be submitted at any
time and must be identified by docket
number DHS–2017–0031.
Comments may be submitted by one
of the following methods:
• Federal eRulemaking Portal:
www.regulations.gov. Follow
‘‘submitting written comments’’
instructions.
• Email: NIAC@hq.dhs.gov. Include
the docket number DHS–2017–0031 in
the subject line of the message.
• Fax: (703) 235–9707, ATTN: Deidre
Gallop-Anderson.
• Mail: Designated Federal Officer,
National Infrastructure Advisory
Council, National Protection and
Programs Directorate, Department of
Homeland Security, 245 Murray Lane,
Mail Stop 0612, Arlington, VA 20598–
0612.
Instructions: All submissions received
must include the words ‘‘Department of
Homeland Security’’ and the docket
number for this action. Written
comments will be posted without
alteration at www.regulations.gov,
including any personal information
provided.
Docket: For access to the docket and
comments received by the NIAC, please
go to www.regulations.gov and enter
docket number DHS–2017–0031.
A public comment period will be held
during the meeting from 2:15 p.m.–2:35
p.m. Speakers who wish to participate
in the public comment period must
register in advance and can do so by
emailing NIAC@hq.dhs.gov by no later
than Wednesday, August 16, 2017, at
5:00 p.m. EST. Speakers are requested to
limit their comments to three minutes.
Please note that the public comment
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ADDRESSES:
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period may end before the time
indicated, following the last call for
comments.
FOR FURTHER INFORMATION CONTACT:
Ginger Norris, NIAC Designated Federal
Officer, Department of Homeland
Security, (202) 441–5885 (telephone) or
ginger.norris@hq.dhs.gov (email).
SUPPLEMENTARY INFORMATION: Notice of
this meeting is given under the Federal
Advisory Committee Act, 5 U.S.C.
Appendix (Pub. L. 92–463). The NIAC
shall provide the President, through the
Secretary of Homeland Security, with
advice on the security and resilience of
the Nation’s critical infrastructure
sectors.
Agenda: The council will meet in an
open meeting on August 22, 2017, to
receive remarks from DHS leadership
and other senior Government officials
regarding the Government’s current
cybersecurity initiatives priorities.
Additionally, the council will deliberate
and vote on recommendations for their
current NIAC Cyber Security Study as
tasked in support of Executive Order
13636 Improving Critical Infrastructure
Cybersecurity.
Dated: July 20, 2017.
Deirdre Gallop-Anderson,
Alternate Designated Federal Officer for the
National Infrastructure Advisory Council.
[FR Doc. 2017–15747 Filed 7–26–17; 8:45 am]
BILLING CODE 9110–9P–P
DEPARTMENT OF HOMELAND
SECURITY
Notice of Request for Revision to and
Extension of a Currently Approved
Information Collection for ChemicalTerrorism Vulnerability Information
(CVI)
National Protection and
Programs Directorate, DHS.
ACTION: 30-Day notice and request for
comments; revision of Information
Collection Request: 1670–0015.
AGENCY:
Authority: 6 U.S.C. 621–629.
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 (ICR) to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995. DHS previously published this
ICR in the Federal Register on April 19,
2017 at 82 FR 18466 and allowed for a
SUMMARY:
PO 00000
Frm 00047
Fmt 4703
Sfmt 4703
34969
60-day public comment period. DHS
received one comment during the 60day public comment period. The
purpose of this notice is to allow an
additional 30 days for public comments.
DATES: Comments are encouraged and
will be accepted until August 28, 2017.
This process is conducted in accordance
with 5 CFR 1320.8.
ADDRESSES: Interested persons are
invited to submit written comments on
this proposed information collection to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget. Comments must be addressed to
the OMB Desk Officer, Department of
Homeland Security, National Protection
and Programs Directorate via electronic
mail to oira_submission@omb.eop.gov
or faxed to (202) 395–5806. All
submissions must include the agency
name and OMB Control Number 1670–
0015.
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 OMB Control Number
1670–0015. The Department will
forward all comments received by the
submission deadline to the OMB Desk
Officer.
FOR FURTHER INFORMATION CONTACT:
CFATS Program Manager, 866–323–
2957, cfats@dhs.gov.
SUPPLEMENTARY INFORMATION: This
information collection notice was
previously published in the Federal
Register at 82 FR 18466 (April 19, 2017)
and provided a 60-day public comment
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 athttps://
www.dhs.gov/protected-critical-infrastructureinformation-pcii-program.
E:\FR\FM\27JYN1.SGM
27JYN1
34970
Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices
period. DHS received 1 comment in
response to the 60-day notice. To access
and review all documents related to this
information collection, please visit the
Federal eRulemaking Portal site at
https://www.regulations.gov and enter
Docket Number DHS–2017–0015 in the
search box.
mstockstill on DSK30JT082PROD with NOTICES
DHS Proposed Revisions for This
Collection Are Summarized Below
• Removal of the following
instruments: (1) ‘‘Determination of
CVI’’; (2) Determination of a ‘‘Need to
Know’’ by a Public Official’’; (3)
‘‘Disclosure of CVI Information; (4)
Notification of Emergency or Exigent
Circumstances’’; and (5) ‘‘Tracking Log
for CVI Received’’ from this collection.
As required by 5 CFR 1320.5, the
Department reevaluated the continued
need for each instrument in this
collection. This evaluation resulted in a
finding these instruments have been
used and collected rarely within the last
3 years.
• DHS also proposes to extend this
collection with revisions to reduce the
estimated burden for the remaining
instrument in this collection. DHS
proposes a reduction of the number of
respondents for the CVI Authorization
instrument from 30,000 to 20,000. This
estimate is based on historical data and
the anticipated impact of the
Department’s revision of its Chemical
Security Assessment Tool (CSAT) and
enhancement of its risk tiering
methodology for the CFATS program.
See 81 FR 47001 (Jul. 20, 2016).
Response to Comment Received During
60-Day Comment Period
Comment: The one comment received
concerning the 60-day PRA notice for
this proposed information collection
raised a concern that guidance provided
in the DHS ‘‘Safeguarding Information
Designated as Chemical-Terrorism
Vulnerability Information (CVI)’’
manual (‘‘CVI Procedural Manual’’) and
the CFATS regulation (at 6 CFR
27.400(d)(7)) appear to require
collection of information using three
instruments identified by DHS for
removal. The Commenter also asserted
that the investigatory exception under
44 U.S.C. 3518(c) does not justify the
Department’s collection of information
as part of these three instruments
without an OMB-approved information
collection request. Based on these
reasons, the comment suggested
retaining the ‘‘Disclosure of CVI
Information,’’ ‘‘Notification of
Emergency or Exigent Circumstances,’’
and ‘‘Tracking Log for CVI Received’’
instruments in this information
collection with adjusted burden levels.
VerDate Sep<11>2014
19:17 Jul 26, 2017
Jkt 241001
Response: The Department’s proposal
to remove five instruments from this
collection, including the three identified
by the commenter, is based mainly on
an evaluation of the historical usage of
those instruments. As noted in DHS’s
60-day notice, ‘‘these instruments have
historically been used rarely.’’ 82 FR
18467. More specifically, DHS’s review
indicated that at no time has the
Department collected information under
any of these five instruments on ten or
more occasions during any given
calendar year. Additionally, the
Department expects that this historical
pattern would continue during the next
three years if the instruments were to be
retained. Consequently, none of the
instruments proposed for removal
qualify as a ‘‘collection of information’’
subject to the requirements of the
Paperwork Reduction Act (see 44 U.S.C.
3502(3)(A)(i)). Also, if this proposed
information collection is approved, DHS
would only collect the information
currently covered by the three
instruments identified by the
commenter as part of an administrative
action or investigation, which would
exempt these instruments from the
requirements of the Paperwork
Reduction Act (if they were not also
exempt for other reasons).
In addition, removal of the five
instruments proposed is consistent with
DHS guidance provided in the DHS CVI
Procedural Manual and the
requirements specified in 6 CFR 27.400.
Per the specific marking on the footer of
each page, the DHS CVI Procedural
Manual ‘‘does not create or confer any
new rights or obligations on any person
or entity or otherwise operate to bind
the public.’’ Rather, the DHS CVI
Procedural Manual describes and
encourages the public’s use of best
practices for complying with the
regulatory requirements associated with
maintaining, safeguarding, and
disclosing CVI set out in 6 CFR 27.400.
DHS developed some of the instruments
in this collection as part of these best
practices, but their use is not
mandatory. If this proposed collection is
approved, the Department will consider
updating its guidance materials to
clarify this aspect of the CVI Program.
To the extent that reporting certain
information to the Department is
required by 6 CFR 27.400(d)(7), that
reporting requirement will remain in
effect. However, as described in the
paragraph above detailing historical
usage of the instruments proposed for
removal from this collection, DHS
expects to receive fewer than ten such
reports per year and the Department
would likely seek unique pieces of
information related to each
PO 00000
Frm 00048
Fmt 4703
Sfmt 9990
unauthorized release of CVI, not
standard pieces of information.
OMB is particularly interested in
written comments from the public 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. Address how the agency might
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
The Department continues to rely on
the analysis and resulting burden
estimates provided in the 60-day notice
for the instruments included in this ICR.
Agency: Department of Homeland
Security, National Protection and
Programs Directorate, Office of
Infrastructure Protection, Infrastructure
Security Compliance Division.
Title: CFATS Chemical-terrorism
Vulnerability Information.
OMB Number: 1670–0015.
Instrument: Chemical-terrorism
Vulnerability Information
Authorization.
Frequency: ‘‘On occasion’’ and
‘‘Other’’.
Affected Public: Business or other forprofit.
Number of Respondents: 20,000
respondents (rounded estimate).
Estimated Time per Respondent: 0.50
hours.
Total Burden Hours: 10,000 annual
burden hours.
Total Burden Cost (capital/startup):
$0.
Total Recordkeeping Burden: $0.
Total Burden Cost: $677,200.
Dated: July 20, 2017.
David Epperson,
Chief Information Officer.
[FR Doc. 2017–15742 Filed 7–26–17; 8:45 am]
BILLING CODE 9110–9P–P
E:\FR\FM\27JYN1.SGM
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Agencies
[Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)]
[Notices]
[Pages 34969-34970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15742]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Notice of Request for Revision to and Extension of a Currently
Approved Information Collection for Chemical-Terrorism Vulnerability
Information (CVI)
AGENCY: National Protection and Programs Directorate, DHS.
ACTION: 30-Day notice and request for comments; revision of Information
Collection Request: 1670-0015.
-----------------------------------------------------------------------
Authority: 6 U.S.C. 621-629.
SUMMARY: The Department of Homeland Security (DHS or the Department),
National Protection and Programs Directorate (NPPD), Office of
Infrastructure Protection (IP), Infrastructure Security Compliance
Division (ISCD), will submit the following Information Collection
Request (ICR) to the Office of Management and Budget (OMB) for review
and clearance in accordance with the Paperwork Reduction Act of 1995.
DHS previously published this ICR in the Federal Register on April 19,
2017 at 82 FR 18466 and allowed for a 60-day public comment period. DHS
received one comment during the 60-day public comment period. The
purpose of this notice is to allow an additional 30 days for public
comments.
DATES: Comments are encouraged and will be accepted until August 28,
2017. This process is conducted in accordance with 5 CFR 1320.8.
ADDRESSES: Interested persons are invited to submit written comments on
this proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments must be
addressed to the OMB Desk Officer, Department of Homeland Security,
National Protection and Programs Directorate via electronic mail to
oira_submission@omb.eop.gov or faxed to (202) 395-5806. All submissions
must include the agency name and OMB Control Number 1670-0015.
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 OMB Control Number 1670-0015. The Department will
forward all comments received by the submission deadline to the OMB
Desk Officer.
---------------------------------------------------------------------------
\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 athttps://www.dhs.gov/protected-critical-infrastructure-information-pcii-program.
FOR FURTHER INFORMATION CONTACT: CFATS Program Manager, 866-323-2957,
_____________________________________-
cfats@dhs.gov.
SUPPLEMENTARY INFORMATION: This information collection notice was
previously published in the Federal Register at 82 FR 18466 (April 19,
2017) and provided a 60-day public comment
[[Page 34970]]
period. DHS received 1 comment in response to the 60-day notice. To
access and review all documents related to this information collection,
please visit the Federal eRulemaking Portal site at https://www.regulations.gov and enter Docket Number DHS-2017-0015 in the search
box.
DHS Proposed Revisions for This Collection Are Summarized Below
Removal of the following instruments: (1) ``Determination
of CVI''; (2) Determination of a ``Need to Know'' by a Public
Official''; (3) ``Disclosure of CVI Information; (4) Notification of
Emergency or Exigent Circumstances''; and (5) ``Tracking Log for CVI
Received'' from this collection. As required by 5 CFR 1320.5, the
Department reevaluated the continued need for each instrument in this
collection. This evaluation resulted in a finding these instruments
have been used and collected rarely within the last 3 years.
DHS also proposes to extend this collection with revisions
to reduce the estimated burden for the remaining instrument in this
collection. DHS proposes a reduction of the number of respondents for
the CVI Authorization instrument from 30,000 to 20,000. This estimate
is based on historical data and the anticipated impact of the
Department's revision of its Chemical Security Assessment Tool (CSAT)
and enhancement of its risk tiering methodology for the CFATS program.
See 81 FR 47001 (Jul. 20, 2016).
Response to Comment Received During 60-Day Comment Period
Comment: The one comment received concerning the 60-day PRA notice
for this proposed information collection raised a concern that guidance
provided in the DHS ``Safeguarding Information Designated as Chemical-
Terrorism Vulnerability Information (CVI)'' manual (``CVI Procedural
Manual'') and the CFATS regulation (at 6 CFR 27.400(d)(7)) appear to
require collection of information using three instruments identified by
DHS for removal. The Commenter also asserted that the investigatory
exception under 44 U.S.C. 3518(c) does not justify the Department's
collection of information as part of these three instruments without an
OMB-approved information collection request. Based on these reasons,
the comment suggested retaining the ``Disclosure of CVI Information,''
``Notification of Emergency or Exigent Circumstances,'' and ``Tracking
Log for CVI Received'' instruments in this information collection with
adjusted burden levels.
Response: The Department's proposal to remove five instruments from
this collection, including the three identified by the commenter, is
based mainly on an evaluation of the historical usage of those
instruments. As noted in DHS's 60-day notice, ``these instruments have
historically been used rarely.'' 82 FR 18467. More specifically, DHS's
review indicated that at no time has the Department collected
information under any of these five instruments on ten or more
occasions during any given calendar year. Additionally, the Department
expects that this historical pattern would continue during the next
three years if the instruments were to be retained. Consequently, none
of the instruments proposed for removal qualify as a ``collection of
information'' subject to the requirements of the Paperwork Reduction
Act (see 44 U.S.C. 3502(3)(A)(i)). Also, if this proposed information
collection is approved, DHS would only collect the information
currently covered by the three instruments identified by the commenter
as part of an administrative action or investigation, which would
exempt these instruments from the requirements of the Paperwork
Reduction Act (if they were not also exempt for other reasons).
In addition, removal of the five instruments proposed is consistent
with DHS guidance provided in the DHS CVI Procedural Manual and the
requirements specified in 6 CFR 27.400. Per the specific marking on the
footer of each page, the DHS CVI Procedural Manual ``does not create or
confer any new rights or obligations on any person or entity or
otherwise operate to bind the public.'' Rather, the DHS CVI Procedural
Manual describes and encourages the public's use of best practices for
complying with the regulatory requirements associated with maintaining,
safeguarding, and disclosing CVI set out in 6 CFR 27.400. DHS developed
some of the instruments in this collection as part of these best
practices, but their use is not mandatory. If this proposed collection
is approved, the Department will consider updating its guidance
materials to clarify this aspect of the CVI Program.
To the extent that reporting certain information to the Department
is required by 6 CFR 27.400(d)(7), that reporting requirement will
remain in effect. However, as described in the paragraph above
detailing historical usage of the instruments proposed for removal from
this collection, DHS expects to receive fewer than ten such reports per
year and the Department would likely seek unique pieces of information
related to each unauthorized release of CVI, not standard pieces of
information.
OMB is particularly interested in written comments from the public
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. Address how the agency might 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
The Department continues to rely on the analysis and resulting
burden estimates provided in the 60-day notice for the instruments
included in this ICR.
Agency: Department of Homeland Security, National Protection and
Programs Directorate, Office of Infrastructure Protection,
Infrastructure Security Compliance Division.
Title: CFATS Chemical-terrorism Vulnerability Information.
OMB Number: 1670-0015.
Instrument: Chemical-terrorism Vulnerability Information
Authorization.
Frequency: ``On occasion'' and ``Other''.
Affected Public: Business or other for-profit.
Number of Respondents: 20,000 respondents (rounded estimate).
Estimated Time per Respondent: 0.50 hours.
Total Burden Hours: 10,000 annual burden hours.
Total Burden Cost (capital/startup): $0.
Total Recordkeeping Burden: $0.
Total Burden Cost: $677,200.
Dated: July 20, 2017.
David Epperson,
Chief Information Officer.
[FR Doc. 2017-15742 Filed 7-26-17; 8:45 am]
BILLING CODE 9110-9P-P