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

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DEPARTMENT OF HOMELAND SECURITY

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

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

AGENCY: National Protection and Programs Directorate, DHS.

ACTION: Notice of Availability.

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

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

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notice, the Expedited Approval Program, or the guidance document for 
the Expedited Approval Program, call or email David Wulf, Director, 
DHS/NPPD/IP/ISCD at CFATS@hq.dhs.gov or via phone at 703-235-5263. 
Questions may also be directed to Director Wulf by mail at 245 Murray 
Lane SW., Mail Stop 0610, Arlington, VA 20528-0610. Questions that 
include trade secrets, confidential commercial or financial 
information, Chemical-terrorism Vulnerability Information (CVI),\1\ 
Sensitive Security Information (SSI),\2\ or Protected Critical 
Infrastructure Information (PCII) \3\ should be properly safeguarded.
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    \1\ For more information about CVI see 6 CFR 27.400 and the CVI 
Procedural Manual at http://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 http://www.tsa.gov/stakeholders/sensitive-security-information-ssi.
    \3\ For more information about PCII see 6 CFR part 29 and the 
PCII Program Web page at http://www.dhs.gov/protected-critical-infrastructure-information-pcii-program.

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

Authority and Background

    On December 18, 2014, the President signed into law the Protecting 
and Securing Chemical Facilities from Terrorist Attacks Act of 2014 
(the Act) (Pub. L. 113-254). The Act amended the Homeland Security Act 
of 2002 (Pub. L. 107-296) to re-codify and reauthorize the CFATS 
program and add new provisions to the program while preserving most of 
the existing CFATS regulations.\4\ DHS is issuing guidance to comply 
with section 2102(c)(4)(B) of the Homeland Security Act of 2002, which 
specifically requires the Secretary to issue guidance for an Expedited 
Approval Program that identifies specific security measures that are 
sufficient to meet the risk based performance standards established as 
part of CFATS. Section 2102(c)(4)(B)(i) of the Homeland Security Act of 
2002 requires the Secretary to issue this guidance within 180 days of 
the date of enactment of the Act (June 16, 2015).
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    \4\ Section 2 of the Act added a new Title XXI to the Homeland 
Security Act of 2002. Title XXI contains new sections numbered 2101 
through 2109. Citations to the Homeland Security Act of 2002 
throughout this document reference those sections of Title XXI.
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Overview of the Guidance for the CFATS Expedited Approval Program

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

[[Page 27340]]

(risk-based) Tier 3 or Tier 4 by DHS, can meet its regulatory 
requirement to draft and implement a Site Security Plan. Section 
2102(c)(4) of the Homeland Security Act of 2002 labels this new process 
the ``Expedited Approval Program.''
    Participation in the Expedited Approval Program is optional for 
Tier 3 and Tier 4 chemical facilities. If a Tier 3 or Tier 4 chemical 
facility opts not to participate in the Expedited Approval Program, it 
must comply with the other CFATS requirements for submission of a Site 
Security Plan (or an Alternative Security Program) to DHS for review, 
and for implementation of the submitted plan. See generally 6 CFR part 
27, subpart B (describing requirements for submission and 
implementation of Site Security Plans and Alternative Security Programs 
outside of the Expedited Approval Program). Under the Expedited 
Approval Program, a Tier 3 or Tier 4 chemical facility may submit a 
Site Security Plan to DHS, which must either follow the prescriptive 
measures described in the guidance document announced by this Notice of 
Availability, or the Tier 3 or Tier 4 chemical facility must certify 
that any material deviations from the guidance meet the risk-based 
performance standards contained in CFATS.\5\ If a Tier 3 or Tier 4 
chemical facility chooses to submit a Site Security Plan in accordance 
with the guidance, DHS can review the Site Security Plan for facial 
deficiency within 100 days after the date on which the Plan is received 
by DHS, as outlined in section 2102(c)(4)(G)(i) of the Homeland 
Security Act of 2002. DHS will subsequently monitor facilities' 
compliance with their Site Security Plans in accordance with this 
guidance through inspections and audits conducted under CFATS.
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    \5\ The CFATS risk-based performance standards are described at 
6 CFR 27.230.
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Exemption From Administrative Procedure Act Requirements

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

Exemption From the Paperwork Reduction Act

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

Issuance of Agency Guidance for the Expedited Approval Program

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

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