Notice of Request for Revision of a Currently Approved Information Collection for the Chemical Facility Anti-Terrorism Standards (CFATS), 32953-32956 [2021-13106]
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Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Notices
Telephone: (240) 276–0759, Email:
tracy.goss@samhsa.hhs.gov.
Dated: June 16, 2021.
Carlos Castillo,
Committee Management Officer, SAMHSA.
[FR Doc. 2021–13132 Filed 6–22–21; 8:45 am]
BILLING CODE 4162–20–P
DEPARTMENT OF HOMELAND
SECURITY
[Docket No. CISA–2021–0003]
Notice of Request for Revision of a
Currently Approved Information
Collection for the Chemical Facility
Anti-Terrorism Standards (CFATS)
Cybersecurity and
Infrastructure Security Agency, DHS.
ACTION: 30-Day notice and request for
comments; revision of Information
Collection Request: 1670–0014.
AGENCY:
Authority: 6 U.S.C. 621–629.
The Infrastructure Security
Division (ISD) within the Cybersecurity
and Infrastructure Security Agency
(CISA) is issuing a 60-day notice and
request for comments to revise
Information Collection Request (ICR)
1670–0014. CISA will submit the 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 information collection
request (ICR), in the Federal Register,
on Monday, March 23, 2021 at 86 FR
15490 for a 60-day public comment
period. No comments was/were
received by DHS. 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 CISA–2021–0003 in the
search box. 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 23, 2021.
ADDRESSES: You may submit comments,
identified by docket number CISA–
2021–0003 through the Federal
eRulemaking Portal available at https://
www.regulations.gov. Follow the
instructions for submitting comments.
Instructions: All comments received
via https://www.regulations.gov will be
posted to the public docket at https://
www.regulations.gov, including any
personal information provided.
Do not submit comments that include
trade secrets, confidential commercial
or financial information, Chemicalterrorism Vulnerability Information
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SUMMARY:
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(CVI), Protected Critical Infrastructure
Information (PCII), or Sensitive Security
Information (SSI) directly to the public
regulatory docket. Contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section below
with questions about comments
containing protected information. CISA
will not place comments containing
protected information in the public
docket and will handle them in
accordance with applicable safeguards
and restrictions on access. Comments
containing protected information will be
held in a separate file to which the
public does not have access and CISA
will place a note in the public docket
documenting receipt of the comment. If
CISA receives a request to examine or
copy this information, CISA will treat it
as any other request under the Freedom
of Information Act (FOIA), 5 U.S.C. 552,
and the Department’s FOIA regulation
found in part 5 of Title 6 of the Code
of Federal Regulations (CFR).
FOR FURTHER INFORMATION CONTACT:
Lona Saccomando, 703–235–5263,
CISARegulations@cisa.dhs.gov.
SUPPLEMENTARY INFORMATION: The
CFATS Program identifies chemical
facilities of interest and regulates the
security of high-risk chemical facilities
through a risk-based approach. The
CFATS Program is authorized under the
Protecting and Securing Chemical
Facilities from Terrorist Attacks Act of
2014 1 or ‘‘CFATS Act of 2014’’. CISA
collects necessary information through
1670–0014 to implement CFATS.
CISA’s Methodology in Estimating the
Burden for the Request for
Redetermination
This instrument collects information
to support a facility’s request for
redetermination of high-risk which
CISA is obligated to perform pursuant to
the CFATS Act of 2014. The collection
of information may be concurrent with
a facility’s submission of a Top-Screen
pursuant to 6 CFR 27.210(d) or collected
after CISA reviews a Top-Screen that
reflects material modifications made by
the facility. This instrument authorizes
CISA to collect both the reason for the
redetermination as well as supporting
documentation.
CISA is proposing minor revisions to
the instrument that reflect the passage of
the Cybersecurity and Infrastructure
Security Act of 2018, 6 U.S.C. 651–74,
such as updating the Agency name to
1 The Protecting and Securing Chemical Facilities
from Terrorist Attacks Act of 2014 (also known as
the CFATS Act of 2014, Pub. L. 113–254) codified
the CFATS program into the Homeland Security
Act of 2002. See 6 U.S.C. 621 et seq., as amended
by Public Law 116–136, Sec. 16007 (2020).
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conform with the Agency’s new
designation as CISA, as well as a clearer
description of the scope of the
instrument. The scope of this
instrument remains unchanged.
Number of Respondents
The current information collection
estimated that 625 respondents would
submit a request for a Request for
Redetermination annually. Based on
data collected between CY 2018–2020,
215 respondents, on average, submitted
a Request for Redetermination annually.
Because of the historical pattern of
lower submissions over the past three
years, CISA proposes to decrease the
estimated number of respondents from
625 to 250 respondents. CISA will retain
the number of responses per respondent
of 1.0.
Estimated Time per Respondent
In the current information collection,
the estimated time per respondent to
prepare and submit a Request for
Redetermination is 0.25 hours (15
minutes). CISA continues to believe this
is a reasonable burden estimate for this
instrument.
Annual Burden Hours
The annual burden hours for a
Request for Redetermination is [0.25
hours × 250 respondents × 1 response
per respondent], which equals 62.5
hours.
Total Capital/Startup Burden Cost
CISA provides access to CSAT free of
charge and assumes that each
respondent already has computer
hardware and access to the internet for
basic business needs. Therefore, there
are no annualized capital or start-up
costs incurred by chemical facilities of
interest or high-risk chemical facilities
for this information collection.
Total Recordkeeping Burden
There are no recordkeeping burden
costs incurred by chemical facilities of
interest or high-risk chemical facilities
for this information collection.2
Total Annual Burden Cost
CISA assumes that Site Security
Officers (SSOs) are responsible for
submitting a Request for
Redetermination. For the purpose of this
notice, CISA maintains this assumption.
Therefore, to estimate the total annual
burden, CISA multiplied the annual
burden of 62.5 hours by the average
hourly wage rate of SSOs which is
2 The recordkeeping burden for facilities under
CFATS is accounted for by CISA under the CSAT
Information Collection No. 1670–0007.
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Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Notices
$85.82 per hour.3 Therefore, the total
annual burden cost for the Request for
Redetermination instrument is $5,364
(i.e., 62.5 total annual burden hours ×
$85.82 per hour).4
Annual Burden Hours
Estimated Time per Respondent
The annual burden hours for the
Request for an Extension is [0.083 hours
× 400 respondents × 1.25 response per
respondent], which equals 41.7 hours.
CISA’s Methodology in Estimating the
Burden for the Request for an Extension
Total Capital/Startup Burden Cost
In the current information collection,
the estimated time per respondent to
prepare and submit a Top-Screen
Update is 0.083 hours (5 minutes). CISA
continues to believe this is a reasonable
burden per response for this instrument.
This instrument collects information
to request extensions for CFATS
reporting requirements.
CISA is proposing minor revisions to
the instrument that reflect the passage of
the Cybersecurity and Infrastructure
Security Act of 2018, 6 U.S.C. 651–74,
such as updating the Agency name to
conform with the Agency’s new
designation as CISA, as well as a clearer
description of the scope of the
instrument. The scope of this
instrument remains unchanged.
Number of Respondents
The current information collection
estimated that 730 respondents would
submit a request for a Request for an
Extension annually. Based on data
collected between CY 2018–2020, 374
respondents, on average, submitted a
Request for an Extension annually. In
addition, there was also a slight increase
in the number of times a respondent
would request an extension. Because of
the historical pattern of lower
submissions over the past three years
with a slight increase in the number of
responses per respondent, CISA
proposes to decrease the estimated
number of respondents from 730 to 400
respondents and increase the number of
responses per respondent from 1.00 to
1.25.
Estimated Time per Respondent
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In the current information collection,
the estimated time per respondent to
prepare and submit a Request for an
Extension is 0.083 hours (5 minutes).
CISA continues to believe this is a
reasonable burden for gathering and
providing supporting documentation for
this instrument.
3 The above Average Hourly Wage Rate is the May
2019 Bureau of Labor Statistics average wage for
‘‘Management Occupations (Major Group (11–
0000))’’ of $58.88 times the wage rate benefit
multiplier of 1.4575 (to account for fringe benefits)
equaling $85.82. The benefits multiplier is
estimated by dividing total compensation of $38.26
by salaries and wages of $26.25, based on Employer
Cost for Employee Compensation, September 2020
data, released December 17, 2020 (https://
www.bls.gov/news.release/ecec.nr0.htm).
4 Throughout this analysis, CISA presents
rounded hourly time burden estimates and hourly
compensation rates to assist in reproducing the
results. However, CISA’s actual calculations use
unrounded figures; as such, estimates calculated
using the values presented in this analysis may not
exactly match the reported results.
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CISA provides access to CSAT free of
charge and assumes that each
respondent already has computer
hardware and access to the internet for
basic business needs. Therefore, there
are no annualized capital or start-up
costs incurred by chemical facilities of
interest or high-risk chemical facilities
for this information collection.
Total Recordkeeping Burden
There are no recordkeeping burden
costs incurred by chemical facilities of
interest or high-risk chemical facilities
for this information collection.
Total Annual Burden Cost
CISA assumes that SSOs are
responsible for submitting a Request for
an Extension. For the purpose of this
notice, CISA maintains this assumption.
Therefore, to estimate the total annual
burden, CISA multiplied the annual
burden of 41.7 hours by the average
hourly wage rate of SSOs, which is
$85.82 per hour. Therefore, the total
annual burden cost for the Request for
an Extension instrument is $3,576 (i.e.,
41.7 total annual burden hours × $85.82
per hour).
Top-Screen Update
This instrument collects information
about the reason a facility submits an
updated Top-Screen (e.g., closure or sale
of the facility).
CISA is proposing minor revisions to
the instrument that reflect the passage of
the Cybersecurity and Infrastructure
Security Act of 2018, 6 U.S.C. 651–74,
such as updating the Agency name to
conform with the Agency’s new
designation as CISA, as well as a clearer
description of the scope this instrument.
The scope of this instrument remains
unchanged.
Number of Respondents
The current information collection
estimated that 1,250 respondents would
submit a request for a Top-Screen
Update annually. Based on data
collected between CY 2018–2020, 2,353
respondents, on average, submitted a
Top-Screen Update annually. Because of
the historical pattern of higher
submissions, CISA proposes to increase
the estimated number of respondents
from 1,250 to 2,500 respondents. CISA
will retain the number of responses per
respondent of 1.5.
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Annual Burden Hours
The annual burden hours for a TopScreen Update is [0.083 hours × 2,500
respondents × 1.5 responses per
respondent], which equals 312.5 hours.
Total Capital/Startup Burden Cost
CISA provides access to CSAT free of
charge and assumes that each
respondent already has computer
hardware and access to the internet for
basic business needs. Therefore, there
are no annualized capital or start-up
costs incurred by chemical facilities of
interest or high-risk chemical facilities
for this information collection.
Total Recordkeeping Burden
There are no recordkeeping burden
costs incurred by chemical facilities of
interest or high-risk chemical facilities
for this information collection.
Total Annual Burden Cost
CISA assumes that SSOs are
responsible for submitting a Top-Screen
Update. For the purpose of this notice,
CISA maintains this assumption.
Therefore, to estimate the total annual
burden, CISA multiplied the annual
burden of 312.5 hours by the average
hourly wage rate of SSOs, which is
$85.82 per hour. Therefore, the total
annual burden cost for the Top-Screen
Update instrument is $26,818 (i.e., 312.5
total annual burden hours × $85.82).
CISA’s Methodology in Estimating the
Burden for Compliance Assistance
This instrument collects information
when a facility requests a consultation
or seeks technical assistance about its
CFATS regulatory requirements. This
instrument also collects information to
respond to potentially non-compliant
facilities; verify material modifications
during the redetermination process; or
follow-up on security issues or results of
a recent incident.
CISA is proposing minor revisions to
the instrument that reflect the passage of
the Cybersecurity and Infrastructure
Security Act of 2018, 6 U.S.C. 651–74,
such as updating the Agency name to
conform with the Agency’s new
designation as CISA, as well as a clearer
description of the scope instrument. The
scope of this instrument remains
unchanged.
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Number of Respondents
The current information collection
estimated that 455 respondents would
submit a request for Compliance
Assistance annually. Based on data
collected between CY 2018–2020, 1,540
respondents, on average, submitted a
request for Compliance Assistance
annually. Because of the historical
pattern of higher submissions, CISA
proposes to increase the estimated
number of respondents from 455 to
1,600 respondents. CISA previously
estimated a response rate of 1.5 requests
per respondent annually; however,
based on the historical pattern of
requests for Compliance Assistance,
CISA proposes to decrease the number
of responses per respondent to 1.0.
Estimated Time per Respondent
In the current information collection,
the estimated time per respondent to
prepare and submit a Request for
Compliance Assistance is 0.083 hours (5
minutes). CISA continues to believe this
is a reasonable burden per response for
this instrument.
Annual Burden Hours
The annual burden hours for the
Compliance Assistance instrument is
[0.083 hours × 1,600 respondents × 1.0
responses per respondent], which
equals 133.3 hours.
Total Capital/Startup Burden Cost
CISA assumes that each respondent
already has computer hardware and
access to the internet for basic business
needs. Therefore, there are no
annualized capital or start-up costs
incurred by chemical facilities of
interest or high-risk chemical facilities
for this information collection.
Total Recordkeeping Burden
There are no recordkeeping burden
costs incurred by chemical facilities of
interest or high-risk chemical facilities
for this information collection.
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Total Annual Burden Cost
CISA assumes that SSOs are
responsible for submitting a Compliance
Assistance. For the purpose of this
notice, CISA maintains this assumption.
Therefore, to estimate the total annual
burden, CISA multiplied the annual
burden of 133.3 hours by the average
hourly wage rate of SSOs, which is
$85.82 per hour. Therefore, the total
annual burden cost for the Compliance
Assistance instrument is $11,443 (i.e.,
133.3 total annual burden hours ×
$85.82 per hour).
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CISA’s Methodology in Estimating the
Burden for the Declaration of Reporting
Status
This instrument collects information
when a facility notifies CISA that it is
not required to register in CSAT or
submit a Top-Screen.
CISA is proposing minor revisions to
the instrument that reflect the passage of
the Cybersecurity and Infrastructure
Security Act of 2018, 6 U.S.C. 651–74,
such as updating the Agency name to
conform with the Agency’s new
designation as CISA, as well as a clearer
description of the scope instrument. The
scope of this instrument remains
unchanged.
Number of Respondents
The current information collection
estimated that 480 respondents would
submit a Declaration of Reporting Status
annually. Based on data collected
between CY 2018–2020, 20 respondents,
on average, submitted a Declaration of
Reporting Status annually. Because of
the historical pattern of lower
submissions, CISA proposes to decrease
the estimated number of respondents
from 480 to 100 respondents. CISA will
retain the number of responses per
respondent of 1.0.
Estimated Time per Respondent
In the current information collection,
the estimated time per respondent to
prepare and submit a Declaration of
Reporting Status is 0.25 hours (15
minutes). CISA continues to believe this
is a reasonable burden estimate for this
instrument.
Annual Burden Hours
The annual burden hours for the
Declaration of Reporting Status is [0.25
hours × 100 respondents × 1 response
per respondent], which equals 25 hours.
Total Capital/Startup Burden Cost
CISA assumes that each respondent
already has computer hardware and
access to the internet for basic business
needs. Therefore, there are no
annualized capital or start-up costs
incurred by chemical facilities of
interest or high-risk chemical facilities
for this information collection.
Total Recordkeeping Burden
There are no recordkeeping burden
costs incurred by chemical facilities of
interest or high-risk chemical facilities
for this information collection.
Total Annual Burden Cost
CISA maintains the assumption found
in the other instruments within this
Information Collection that SSOs are
responsible for submitting information
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32955
to CISA. Thus, CISA assumes that an
SSO will submit the Declaration of
Reporting Status.
Therefore, to estimate the total annual
burden, CISA multiplied the annual
burden of 25 hours by the average
hourly wage rate of SSOs, which is
$85.82 per hour. Therefore, the total
annual burden cost for the Declaration
of Reporting Status instrument is $2,145
(i.e., 25 total annual burden hours ×
$85.82 per hour).
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, Cybersecurity and
Infrastructure Security Agency.
Title: Chemical Facility AntiTerrorism Standards (CFATS).
OMB Number: 1670–0014.
Instrument: Request for
Redetermination.
Frequency: ‘‘On occasion’’ and
‘‘Other.’’
Affected Public: Business or other forprofit.
Number of Respondents: 250
respondents.
Estimated Time per Respondent: 0.25
hours.
Total Burden Hours: 62.5 annual
burden hours.
Total Burden Cost (capital/startup):
$0.
Total Recordkeeping Burden: $0.
Total Burden Cost: $5,364.
Instrument: Request for an Extension.
Frequency: ‘‘On occasion’’ and
‘‘Other.’’
Affected Public: Business or other forprofit.
Number of Respondents: 400
respondents.
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Estimated Time per Respondent:
0.083 hours (5 minutes).
Total Burden Hours: 41.7 annual
burden hours.
Total Burden Cost (capital/startup):
$0.
Total Recordkeeping Burden: $0.
Total Burden Cost: $3,576.
DEPARTMENT OF HOMELAND
SECURITY
[Docket No. CISA–2020–0018]
Agency Information Collection
Activities: Proposed Collection;
Comment Request; Cybersecurity and
Infrastructure Security Agency (CISA)
Visitor Request Form
Instrument: Top-Screen Update.
Frequency: ‘‘On occasion’’ and
‘‘Other.’’
Affected Public: Business or other forprofit.
Number of Respondents: 2,500
respondents.
Estimated Time per Respondent:
0.083 hours (5 minutes).
Total Burden Hours: 312.5 hours.
Total Burden Cost (capital/startup):
$0.
Total Recordkeeping Burden: $0.
Total Burden Cost: $26,818.
Instrument: Compliance Assistance.
Frequency: ‘‘On occasion’’ and
‘‘Other.’’
Affected Public: Business or other forprofit.
Number of Respondents: 1,600
respondents.
Estimated Time per Respondent:
0.083 hours (5 minutes).
Total Burden Hours: 133.3 annual
burden hours.
Total Burden Cost (capital/startup):
$0.
Total Recordkeeping Burden: $0.
Total Burden Cost: $11,443.
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Instrument: Declaration of Reporting
Status.
Frequency: ‘‘On occasion’’ and
‘‘Other.’’
Affected Public: Business or other forprofit.
Number of Respondents: 100
respondents.
Estimated Time per Respondent: 0.25
hours.
Total Burden Hours: 25 annual
burden hours.
Total Burden Cost (capital/startup):
$0.
Total Recordkeeping Burden: $0.
Total Burden Cost: $2,145.
Samuel Vazquez,
Acting Chief Information Officer, Department
of Homeland Security, Cybersecurity and
Infrastructure Security Agency.
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Cybersecurity and
Infrastructure Security Agency (CISA),
Department of Homeland Security
(DHS).
ACTION: 30-Day Notice and request for
comments; reinstatement without
change of information collection
request: 1670–0036.
AGENCY:
The Department of Homeland
Security (DHS), Cybersecurity and
Infrastructure Security Agency (CISA),
Office of Compliance and Security
(OCS), as part of its continuing effort to
reduce paperwork and respondent
burden, invites the general public to
take this opportunity to comment on a
reinstatement, without change, of a
previously approved information
collection for which approval has
expired. CISA 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. CISA previously
published a notice about this ICR, in the
Federal Register on February 17, 2021,
for a 60-day public comment period.
There were no comments received. The
purpose of this notice is to allow
additional 30-days for public comments.
DATES: The comment period for the
information collection request
published on February 17, 2021 at 86 FR
9949. Comments must be submitted on
or before July 23, 2021.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
The Office of Management and Budget
is particularly interested in comments
which:
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
SUMMARY:
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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.
FOR FURTHER INFOTMATION CONTACT: For
specific questions related to collection
activities, please contact Michael
Washington, 202–591–0713,
michael.washington@cisa.dhs.gov.
SUPPLEMENTARY INFORMATION: Public
Law 107–296 The Homeland Security
Act of 2002, Title II, recognizes the
Department of Homeland Security role
in integrate relevant critical
infrastructure and cybersecurity
information, analyses, and vulnerability
assessments (whether such information,
analyses, or assessments are provided or
produced by the Department or others)
in order to identify priorities for
protective and support measures by the
Department, other agencies of the
Federal Government, State and local
government agencies and authorities,
the private sector, and other entities
while maintaining positive control of
sensitive information regarding the
national infrastructure. In support of
this mission CISA Office of Compliance
and Security must maintain a robust
visitor screening capability.
The CISA Office of Compliance and
Security will collect, using an electronic
form, information about each potential
visitor to CISA facilities and the nature
of each visit. The Office of Compliance
and Security will use collected
information to make a risk-based
decision to allow visitor access to CISA
facilities.
This proposed information collection
previously published in the Federal
Register on February 17, 2021, at 86 FR
9949 with a 60 day public comment
period. No relevant comments were
received. This information collection
expired on February 28, 2021. CISA is
requesting a reinstatement, without
change, of a previously approved
information collection for which
approval has expired. The Office of
Management and Budget is particularly
interested in comments which:
1. Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
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]]>Agencies
[Federal Register Volume 86, Number 118 (Wednesday, June 23, 2021)]
[Notices]
[Pages 32953-32956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13106]
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DEPARTMENT OF HOMELAND SECURITY
[Docket No. CISA-2021-0003]
Notice of Request for Revision of a Currently Approved
Information Collection for the Chemical Facility Anti-Terrorism
Standards (CFATS)
AGENCY: Cybersecurity and Infrastructure Security Agency, DHS.
ACTION: 30-Day notice and request for comments; revision of Information
Collection Request: 1670-0014.
-----------------------------------------------------------------------
Authority: 6 U.S.C. 621-629.
SUMMARY: The Infrastructure Security Division (ISD) within the
Cybersecurity and Infrastructure Security Agency (CISA) is issuing a
60-day notice and request for comments to revise Information Collection
Request (ICR) 1670-0014. CISA will submit the 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
information collection request (ICR), in the Federal Register, on
Monday, March 23, 2021 at 86 FR 15490 for a 60-day public comment
period. No comments was/were received by DHS. 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 CISA-2021-0003 in the search box. 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 23,
2021.
ADDRESSES: You may submit comments, identified by docket number CISA-
2021-0003 through the Federal eRulemaking Portal available at https://www.regulations.gov. Follow the instructions for submitting comments.
Instructions: All comments received via https://www.regulations.gov
will be posted to the public docket at https://www.regulations.gov,
including any personal information provided.
Do not submit comments that include trade secrets, confidential
commercial or financial information, Chemical-terrorism Vulnerability
Information (CVI), Protected Critical Infrastructure Information
(PCII), or Sensitive Security Information (SSI) directly to the public
regulatory docket. Contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section below with questions about comments
containing protected information. CISA will not place comments
containing protected information in the public docket and will handle
them in accordance with applicable safeguards and restrictions on
access. Comments containing protected information will be held in a
separate file to which the public does not have access and CISA will
place a note in the public docket documenting receipt of the comment.
If CISA receives a request to examine or copy this information, CISA
will treat it as any other request under the Freedom of Information Act
(FOIA), 5 U.S.C. 552, and the Department's FOIA regulation found in
part 5 of Title 6 of the Code of Federal Regulations (CFR).
FOR FURTHER INFORMATION CONTACT: Lona Saccomando, 703-235-5263,
[email protected].
SUPPLEMENTARY INFORMATION: The CFATS Program identifies chemical
facilities of interest and regulates the security of high-risk chemical
facilities through a risk-based approach. The CFATS Program is
authorized under the Protecting and Securing Chemical Facilities from
Terrorist Attacks Act of 2014 \1\ or ``CFATS Act of 2014''. CISA
collects necessary information through 1670-0014 to implement CFATS.
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\1\ The Protecting and Securing Chemical Facilities from
Terrorist Attacks Act of 2014 (also known as the CFATS Act of 2014,
Pub. L. 113-254) codified the CFATS program into the Homeland
Security Act of 2002. See 6 U.S.C. 621 et seq., as amended by Public
Law 116-136, Sec. 16007 (2020).
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CISA's Methodology in Estimating the Burden for the Request for
Redetermination
This instrument collects information to support a facility's
request for redetermination of high-risk which CISA is obligated to
perform pursuant to the CFATS Act of 2014. The collection of
information may be concurrent with a facility's submission of a Top-
Screen pursuant to 6 CFR 27.210(d) or collected after CISA reviews a
Top-Screen that reflects material modifications made by the facility.
This instrument authorizes CISA to collect both the reason for the
redetermination as well as supporting documentation.
CISA is proposing minor revisions to the instrument that reflect
the passage of the Cybersecurity and Infrastructure Security Act of
2018, 6 U.S.C. 651-74, such as updating the Agency name to conform with
the Agency's new designation as CISA, as well as a clearer description
of the scope of the instrument. The scope of this instrument remains
unchanged.
Number of Respondents
The current information collection estimated that 625 respondents
would submit a request for a Request for Redetermination annually.
Based on data collected between CY 2018-2020, 215 respondents, on
average, submitted a Request for Redetermination annually. Because of
the historical pattern of lower submissions over the past three years,
CISA proposes to decrease the estimated number of respondents from 625
to 250 respondents. CISA will retain the number of responses per
respondent of 1.0.
Estimated Time per Respondent
In the current information collection, the estimated time per
respondent to prepare and submit a Request for Redetermination is 0.25
hours (15 minutes). CISA continues to believe this is a reasonable
burden estimate for this instrument.
Annual Burden Hours
The annual burden hours for a Request for Redetermination is [0.25
hours x 250 respondents x 1 response per respondent], which equals 62.5
hours.
Total Capital/Startup Burden Cost
CISA provides access to CSAT free of charge and assumes that each
respondent already has computer hardware and access to the internet for
basic business needs. Therefore, there are no annualized capital or
start-up costs incurred by chemical facilities of interest or high-risk
chemical facilities for this information collection.
Total Recordkeeping Burden
There are no recordkeeping burden costs incurred by chemical
facilities of interest or high-risk chemical facilities for this
information collection.\2\
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\2\ The recordkeeping burden for facilities under CFATS is
accounted for by CISA under the CSAT Information Collection No.
1670-0007.
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Total Annual Burden Cost
CISA assumes that Site Security Officers (SSOs) are responsible for
submitting a Request for Redetermination. For the purpose of this
notice, CISA maintains this assumption.
Therefore, to estimate the total annual burden, CISA multiplied the
annual burden of 62.5 hours by the average hourly wage rate of SSOs
which is
[[Page 32954]]
$85.82 per hour.\3\ Therefore, the total annual burden cost for the
Request for Redetermination instrument is $5,364 (i.e., 62.5 total
annual burden hours x $85.82 per hour).\4\
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\3\ The above Average Hourly Wage Rate is the May 2019 Bureau of
Labor Statistics average wage for ``Management Occupations (Major
Group (11-0000))'' of $58.88 times the wage rate benefit multiplier
of 1.4575 (to account for fringe benefits) equaling $85.82. The
benefits multiplier is estimated by dividing total compensation of
$38.26 by salaries and wages of $26.25, based on Employer Cost for
Employee Compensation, September 2020 data, released December 17,
2020 (https://www.bls.gov/news.release/ecec.nr0.htm).
\4\ Throughout this analysis, CISA presents rounded hourly time
burden estimates and hourly compensation rates to assist in
reproducing the results. However, CISA's actual calculations use
unrounded figures; as such, estimates calculated using the values
presented in this analysis may not exactly match the reported
results.
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CISA's Methodology in Estimating the Burden for the Request for an
Extension
This instrument collects information to request extensions for
CFATS reporting requirements.
CISA is proposing minor revisions to the instrument that reflect
the passage of the Cybersecurity and Infrastructure Security Act of
2018, 6 U.S.C. 651-74, such as updating the Agency name to conform with
the Agency's new designation as CISA, as well as a clearer description
of the scope of the instrument. The scope of this instrument remains
unchanged.
Number of Respondents
The current information collection estimated that 730 respondents
would submit a request for a Request for an Extension annually. Based
on data collected between CY 2018-2020, 374 respondents, on average,
submitted a Request for an Extension annually. In addition, there was
also a slight increase in the number of times a respondent would
request an extension. Because of the historical pattern of lower
submissions over the past three years with a slight increase in the
number of responses per respondent, CISA proposes to decrease the
estimated number of respondents from 730 to 400 respondents and
increase the number of responses per respondent from 1.00 to 1.25.
Estimated Time per Respondent
In the current information collection, the estimated time per
respondent to prepare and submit a Request for an Extension is 0.083
hours (5 minutes). CISA continues to believe this is a reasonable
burden for gathering and providing supporting documentation for this
instrument.
Annual Burden Hours
The annual burden hours for the Request for an Extension is [0.083
hours x 400 respondents x 1.25 response per respondent], which equals
41.7 hours.
Total Capital/Startup Burden Cost
CISA provides access to CSAT free of charge and assumes that each
respondent already has computer hardware and access to the internet for
basic business needs. Therefore, there are no annualized capital or
start-up costs incurred by chemical facilities of interest or high-risk
chemical facilities for this information collection.
Total Recordkeeping Burden
There are no recordkeeping burden costs incurred by chemical
facilities of interest or high-risk chemical facilities for this
information collection.
Total Annual Burden Cost
CISA assumes that SSOs are responsible for submitting a Request for
an Extension. For the purpose of this notice, CISA maintains this
assumption.
Therefore, to estimate the total annual burden, CISA multiplied the
annual burden of 41.7 hours by the average hourly wage rate of SSOs,
which is $85.82 per hour. Therefore, the total annual burden cost for
the Request for an Extension instrument is $3,576 (i.e., 41.7 total
annual burden hours x $85.82 per hour).
Top-Screen Update
This instrument collects information about the reason a facility
submits an updated Top-Screen (e.g., closure or sale of the facility).
CISA is proposing minor revisions to the instrument that reflect
the passage of the Cybersecurity and Infrastructure Security Act of
2018, 6 U.S.C. 651-74, such as updating the Agency name to conform with
the Agency's new designation as CISA, as well as a clearer description
of the scope this instrument. The scope of this instrument remains
unchanged.
Number of Respondents
The current information collection estimated that 1,250 respondents
would submit a request for a Top-Screen Update annually. Based on data
collected between CY 2018-2020, 2,353 respondents, on average,
submitted a Top-Screen Update annually. Because of the historical
pattern of higher submissions, CISA proposes to increase the estimated
number of respondents from 1,250 to 2,500 respondents. CISA will retain
the number of responses per respondent of 1.5.
Estimated Time per Respondent
In the current information collection, the estimated time per
respondent to prepare and submit a Top-Screen Update is 0.083 hours (5
minutes). CISA continues to believe this is a reasonable burden per
response for this instrument.
Annual Burden Hours
The annual burden hours for a Top-Screen Update is [0.083 hours x
2,500 respondents x 1.5 responses per respondent], which equals 312.5
hours.
Total Capital/Startup Burden Cost
CISA provides access to CSAT free of charge and assumes that each
respondent already has computer hardware and access to the internet for
basic business needs. Therefore, there are no annualized capital or
start-up costs incurred by chemical facilities of interest or high-risk
chemical facilities for this information collection.
Total Recordkeeping Burden
There are no recordkeeping burden costs incurred by chemical
facilities of interest or high-risk chemical facilities for this
information collection.
Total Annual Burden Cost
CISA assumes that SSOs are responsible for submitting a Top-Screen
Update. For the purpose of this notice, CISA maintains this assumption.
Therefore, to estimate the total annual burden, CISA multiplied the
annual burden of 312.5 hours by the average hourly wage rate of SSOs,
which is $85.82 per hour. Therefore, the total annual burden cost for
the Top-Screen Update instrument is $26,818 (i.e., 312.5 total annual
burden hours x $85.82).
CISA's Methodology in Estimating the Burden for Compliance Assistance
This instrument collects information when a facility requests a
consultation or seeks technical assistance about its CFATS regulatory
requirements. This instrument also collects information to respond to
potentially non-compliant facilities; verify material modifications
during the redetermination process; or follow-up on security issues or
results of a recent incident.
CISA is proposing minor revisions to the instrument that reflect
the passage of the Cybersecurity and Infrastructure Security Act of
2018, 6 U.S.C. 651-74, such as updating the Agency name to conform with
the Agency's new designation as CISA, as well as a clearer description
of the scope instrument. The scope of this instrument remains
unchanged.
[[Page 32955]]
Number of Respondents
The current information collection estimated that 455 respondents
would submit a request for Compliance Assistance annually. Based on
data collected between CY 2018-2020, 1,540 respondents, on average,
submitted a request for Compliance Assistance annually. Because of the
historical pattern of higher submissions, CISA proposes to increase the
estimated number of respondents from 455 to 1,600 respondents. CISA
previously estimated a response rate of 1.5 requests per respondent
annually; however, based on the historical pattern of requests for
Compliance Assistance, CISA proposes to decrease the number of
responses per respondent to 1.0.
Estimated Time per Respondent
In the current information collection, the estimated time per
respondent to prepare and submit a Request for Compliance Assistance is
0.083 hours (5 minutes). CISA continues to believe this is a reasonable
burden per response for this instrument.
Annual Burden Hours
The annual burden hours for the Compliance Assistance instrument is
[0.083 hours x 1,600 respondents x 1.0 responses per respondent], which
equals 133.3 hours.
Total Capital/Startup Burden Cost
CISA assumes that each respondent already has computer hardware and
access to the internet for basic business needs. Therefore, there are
no annualized capital or start-up costs incurred by chemical facilities
of interest or high-risk chemical facilities for this information
collection.
Total Recordkeeping Burden
There are no recordkeeping burden costs incurred by chemical
facilities of interest or high-risk chemical facilities for this
information collection.
Total Annual Burden Cost
CISA assumes that SSOs are responsible for submitting a Compliance
Assistance. For the purpose of this notice, CISA maintains this
assumption.
Therefore, to estimate the total annual burden, CISA multiplied the
annual burden of 133.3 hours by the average hourly wage rate of SSOs,
which is $85.82 per hour. Therefore, the total annual burden cost for
the Compliance Assistance instrument is $11,443 (i.e., 133.3 total
annual burden hours x $85.82 per hour).
CISA's Methodology in Estimating the Burden for the Declaration of
Reporting Status
This instrument collects information when a facility notifies CISA
that it is not required to register in CSAT or submit a Top-Screen.
CISA is proposing minor revisions to the instrument that reflect
the passage of the Cybersecurity and Infrastructure Security Act of
2018, 6 U.S.C. 651-74, such as updating the Agency name to conform with
the Agency's new designation as CISA, as well as a clearer description
of the scope instrument. The scope of this instrument remains
unchanged.
Number of Respondents
The current information collection estimated that 480 respondents
would submit a Declaration of Reporting Status annually. Based on data
collected between CY 2018-2020, 20 respondents, on average, submitted a
Declaration of Reporting Status annually. Because of the historical
pattern of lower submissions, CISA proposes to decrease the estimated
number of respondents from 480 to 100 respondents. CISA will retain the
number of responses per respondent of 1.0.
Estimated Time per Respondent
In the current information collection, the estimated time per
respondent to prepare and submit a Declaration of Reporting Status is
0.25 hours (15 minutes). CISA continues to believe this is a reasonable
burden estimate for this instrument.
Annual Burden Hours
The annual burden hours for the Declaration of Reporting Status is
[0.25 hours x 100 respondents x 1 response per respondent], which
equals 25 hours.
Total Capital/Startup Burden Cost
CISA assumes that each respondent already has computer hardware and
access to the internet for basic business needs. Therefore, there are
no annualized capital or start-up costs incurred by chemical facilities
of interest or high-risk chemical facilities for this information
collection.
Total Recordkeeping Burden
There are no recordkeeping burden costs incurred by chemical
facilities of interest or high-risk chemical facilities for this
information collection.
Total Annual Burden Cost
CISA maintains the assumption found in the other instruments within
this Information Collection that SSOs are responsible for submitting
information to CISA. Thus, CISA assumes that an SSO will submit the
Declaration of Reporting Status.
Therefore, to estimate the total annual burden, CISA multiplied the
annual burden of 25 hours by the average hourly wage rate of SSOs,
which is $85.82 per hour. Therefore, the total annual burden cost for
the Declaration of Reporting Status instrument is $2,145 (i.e., 25
total annual burden hours x $85.82 per hour).
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, Cybersecurity and
Infrastructure Security Agency.
Title: Chemical Facility Anti-Terrorism Standards (CFATS).
OMB Number: 1670-0014.
Instrument: Request for Redetermination.
Frequency: ``On occasion'' and ``Other.''
Affected Public: Business or other for-profit.
Number of Respondents: 250 respondents.
Estimated Time per Respondent: 0.25 hours.
Total Burden Hours: 62.5 annual burden hours.
Total Burden Cost (capital/startup): $0.
Total Recordkeeping Burden: $0.
Total Burden Cost: $5,364.
Instrument: Request for an Extension.
Frequency: ``On occasion'' and ``Other.''
Affected Public: Business or other for-profit.
Number of Respondents: 400 respondents.
[[Page 32956]]
Estimated Time per Respondent: 0.083 hours (5 minutes).
Total Burden Hours: 41.7 annual burden hours.
Total Burden Cost (capital/startup): $0.
Total Recordkeeping Burden: $0.
Total Burden Cost: $3,576.
Instrument: Top-Screen Update.
Frequency: ``On occasion'' and ``Other.''
Affected Public: Business or other for-profit.
Number of Respondents: 2,500 respondents.
Estimated Time per Respondent: 0.083 hours (5 minutes).
Total Burden Hours: 312.5 hours.
Total Burden Cost (capital/startup): $0.
Total Recordkeeping Burden: $0.
Total Burden Cost: $26,818.
Instrument: Compliance Assistance.
Frequency: ``On occasion'' and ``Other.''
Affected Public: Business or other for-profit.
Number of Respondents: 1,600 respondents.
Estimated Time per Respondent: 0.083 hours (5 minutes).
Total Burden Hours: 133.3 annual burden hours.
Total Burden Cost (capital/startup): $0.
Total Recordkeeping Burden: $0.
Total Burden Cost: $11,443.
Instrument: Declaration of Reporting Status.
Frequency: ``On occasion'' and ``Other.''
Affected Public: Business or other for-profit.
Number of Respondents: 100 respondents.
Estimated Time per Respondent: 0.25 hours.
Total Burden Hours: 25 annual burden hours.
Total Burden Cost (capital/startup): $0.
Total Recordkeeping Burden: $0.
Total Burden Cost: $2,145.
Samuel Vazquez,
Acting Chief Information Officer, Department of Homeland Security,
Cybersecurity and Infrastructure Security Agency.
[FR Doc. 2021-13106 Filed 6-22-21; 8:45 am]
BILLING CODE 9110-9P-P
