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[Federal Register Volume 78, Number 52 (Monday, March 18, 2013)]
[Notices]
[Pages 16692-16694]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06097]

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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2012-0059]

Chemical Facility Anti-Terrorism Standards (CFATS)

AGENCY: National Protection and Programs Directorate, DHS.

ACTION: 30-day notice and request for comments; Extension of 
Information Collection Request: 1670-0014.

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SUMMARY: The Department of Homeland Security (DHS), 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 (Pub. L. 104-13, 44 U.S.C. Chapter 
35). The Department previously published this ICR in the Federal 
Register on December 17, 2012, for a 60-day public comment period.\1\ 
In this notice, NPPD is responding to one comment \2\ and is soliciting 
public comments concerning the extension of Information Collection 
Request, Chemical Facility Anti-Terrorism Standards (CFATS) for an 
additional 30 days.
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    \1\ See 77 FR 74677. The 60-day Federal Register notice for 
Information Collection 1670-0014, which solicited comments for 60 
days, may be found at https://federalregister.gov/a/2012-30314.
    \2\ The comment was submitted under docket  DHS-2012-
0059 and provided comment not only on this information collection 
request (i.e., 1670-0014), but also on ICR 1670-0007 and ICR 1670-
0015. The comment may be viewed at http://www.regulations.gov/#!documentDetail;D=DHS-2012-0059-0002.

DATES: Comments are encouraged and will be accepted until April 17, 
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2013. This process is conducted in accordance with 5 CFR 1320.10.

ADDRESSES: Interested persons are invited to submit written comments on 
the proposed information collection to the Office of Information and 
Regulatory Affairs, OMB. Comments should be addressed to OMB Desk 
Officer, Department of Homeland Security, National Protection and 
Programs Directorate. Comments must be

[[Page 16693]]

identified by docket number DHS-2012-0059 and may be submitted by one 
of the following methods:
    [cir] Federal eRulemaking Portal: http://www.regulations.gov.
    [cir] Email: oira_submission@omb.eop.gov. Include the docket 
number in the subject line of the message.
    [cir] Fax: (202) 395-5806.
    Instructions: All submissions received must include the words 
``Department of Homeland Security'' and the docket number for this 
action. Comments received will be posted without alteration at http://www.regulations.gov, including any personal information provided. 
Comments that include trade secrets, confidential commercial or 
financial information, Chemical-terrorism Vulnerability Information 
(CVI), Sensitive Security Information (SSI), or Protected Critical 
Infrastructure Information (PCII) 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 submitted by mail to the Office of 
Information and Regulatory Affairs, OMB. Comments should be addressed 
to OMB Desk Officer, Department of Homeland Security, National 
Protection and Programs Directorate. Comments must be identified by 
docket number DHS-2012-0059.
    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.

FOR FURTHER INFORMATION CONTACT: CFATS Program Manager, DHS/NPPD/IP/
ISCD, CFATS@hq.dhs.gov.

SUPPLEMENTARY INFORMATION: Section 550 of the Homeland Security 
Appropriations Act of 2007, Public Law 109-295, provides DHS 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. Section 550 of the 
Homeland Security Appropriations Act of 2007 requires a risk-based 
approach to security.
    CFATS is the Department's regulations under Section 550 governing 
security at high-risk chemical facilities. 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 security facilities and their surrounding communities. In 
collaboration with the private sector and other stakeholders, the 
Department designed the regulations 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 instruments within this collection 
will be used to manage the CFATS program.
    Response to Comment Submitted During 60-Day Comment Period: The 
Department received a comment suggesting that in the 60-day notice, the 
Department incorrectly calculated the burden estimates associated with 
the instrument ``Request for a Technical Correction.'' The commenter 
assumed that the number of responses per respondent for this instrument 
was one. In fact, the Department estimated in the current Information 
Collection, which expires on March 31, 2013, that each respondent will 
on average respond 1.5 times. This assumption was carried over into the 
burden estimates used by the Department in the 60-day notice but not 
made explicit. The total annual burden for this instrument is 
calculated as follows [0.25 hours x 185 respondents x 1.5 responses per 
respondent], which equals 69.37 hours. The Department did not revise 
the burden estimates for this instrument.
    Therefore, for this instrument and the other instruments in this 
30-day notice the Department will continue to rely on the analysis and 
resulting burden estimates in the 60-day notice.

Analysis

    Agency: Department of Homeland Security, National Protection and 
Programs Directorate, Office of Infrastructure Protection, 
Infrastructure Security Compliance Division.
    Title: Chemical Facility Anti-Terrorism Standards (CFATS).
    OMB Number: 1670-0014.

    Instrument: Request for Redetermination.
    Frequency: On occasion/Other.
    Affected Public: Business or other for-profit.
    Number of Respondents: 625 respondents (estimate).
    Estimated Time per Respondent: 0.25 hours.
    Total Burden Hours: 156.25 annual burden hours.
    Total Burden Cost (capital/startup): $0.
    Total Recordkeeping Burden: $0.
    Total Burden Cost (operating/maintaining): $13,437.

    Instrument: Request for an Extension.
    Frequency: On occasion/Other.
    Affected Public: Business or other for-profit.
    Number of Respondents: 185 respondents (estimate).
    Estimated Time per Respondent: 0.25 hours.
    Total Burden Hours: 46.25 annual burden hours.
    Total Burden Cost (capital/startup): $0.
    Total Recordkeeping Burden: $0.
    Total Burden Cost (operating/maintaining): $3,977.

    Instrument: Notification of a New Top Screen.
    Frequency: On occasion/Other.
    Affected Public: Business or other for-profit.
    Number of Respondents: 1250 respondents (estimate).
    Estimated Time per Respondent: 0.25 hours.
    Total Burden Hours: 468.75 annual burden hours.
    Total Burden Cost (capital/startup): $0.
    Total Recordkeeping Burden: $0.
    Total Burden Cost (operating/maintaining): $40,312.

    Instrument: Request for a Technical Consultation.
    Frequency: On occasion/Other.
    Affected Public: Business or other for-profit.
    Number of Respondents: 185 respondents (estimate).
    Estimated Time per Respondent: 0.25 hours.
    Total Burden Hours: 69.37 annual burden hours.
    Total Burden Cost (capital/startup): $0.
    Total Recordkeeping Burden: $0.
    Total Burden Cost (operating/maintaining): $5,966.

[[Page 16694]]

    Dated: March 11, 2013.
Michael Butcher,
Acting Chief Information Officer, National Protection and Programs 
Directorate, Department of Homeland Security.
[FR Doc. 2013-06097 Filed 3-15-13; 8:45 am]
BILLING CODE 9110-9P-P
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