9110-9P

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.

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 AntiTerrorism 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, S.W., Mail Stop 0610, Arlington, VA 20528-

0610. Questions that include trade secrets, confidential commercial or financial 

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information, Chemical-terrorism Vulnerability Information (CVI),1 Sensitive Security 

Information (SSI),2 or Protected Critical Infrastructure Information (PCII)3 should be 

properly safeguarded.

SUPPLEMENTARY INFOMRATION:

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.

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 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 

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 webpage 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 webpage at 

http://www.dhs.gov/protected-critical-infrastructure-information-pcii-program. 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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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).

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 (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 C.F.R. 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.

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 If a Tier 3 or Tier 4 chemical 

5 The CFATS risk-based performance standards are described at 6 CFR § 27.230.

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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.

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 

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