This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

41889 

Vol. 86, No. 147 

Wednesday, August 4, 2021 

DEPARTMENT OF HOMELAND 

SECURITY 

6 CFR Part 27 

[Docket No. CISA–2021–0007] 

Chemical Facility Anti-Terrorism 

Standards: Technical Amendments 

AGENCY: Cybersecurity and 

Infrastructure Security Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This final rule makes nonsubstantive technical, organizational, 

and conforming amendments to the 

Chemical Facility Anti-Terrorism 

Standards. 

DATES: This final rule is effective August 

4, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Lona Saccomando, (202)–579–0590, 

CISARegulations@cisa.dhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Regulatory History 

We did not publish a notice of 

proposed rulemaking for this rule. 

Under Title 5 of the United States Code 

(U.S.C.), Section 553(b)(A), the 

Cybersecurity and Infrastructure 

Security Agency (CISA) finds that this 

final rule is exempt from notice and 

public comment rulemaking 

requirements because notice and 

comment procedures are unnecessary 

for this final rule under 5 U.S.C. 

553(b)(B), as this rule consists of only 

technical and editorial corrections and 

these changes will have no substantive 

effect on the public. Under 5 U.S.C. 

553(d)(3), CISA finds that, for the same 

reasons, good cause exists for making 

this final rule effective upon publication 

in the Federal Register. 

II. Basis and Purpose 

CISA is issuing technical, 

organizational, and conforming 

amendments to existing regulations in 

part 27 of title 6 of the Code of Federal 

Regulations (CFR), relating to the 

Chemical Facility Anti-Terrorism 

Standards (CFATS). These technical 

amendments provide the public with 

more accurate and current regulatory 

information, but do not change the 

effect on the public of these regulations. 

This final rule makes technical and 

editorial corrections to the CFATS 

regulations. These changes are 

necessary to correct errors, change 

addresses, update titles, and make other 

non-substantive amendments that 

improve the clarity of the CFR. This rule 

does not create or change any 

substantive requirements. 

This final rule is issued under the 

authority of 5 U.S.C. 552(a), 5 U.S.C. 

553, and 6 U.S.C. 627. 

III. Discussion of the Rule 

Until 2018, the CFATS program was 

administered by the Office of 

Infrastructure Protection of the National 

Protection and Programs Directorate 

(NPPD) of the Department of Homeland 

Security (DHS). In 2018, Congress 

passed the Cybersecurity and 

Infrastructure Security Agency Act of 

2018, redesignating NPPD as CISA, and 

establishing CISA as a component of 

DHS. To account for the organizational 

changes, throughout the regulatory text 

of 6 CFR 27, in this rule CISA is 

replacing the titles for various 

organizations within the Department, 

previously responsible for operating the 

CFATS program, with the appropriate 

titles of CISA personnel and 

organizations. We have replaced 

references to ‘‘National Protection and 

Programs’’ and ‘‘Office of Infrastructure 

Protection’’ with ‘‘Cybersecurity and 

Infrastructure Security Agency.’’ We 

have replaced references to the 

‘‘Chemical Security Division’’ with 

‘‘Chemical Security.’’ We have also 

replaced references to the Under 

Secretary, Assistant Secretary, and 

Director of the Chemical Security 

Division with references to the Director, 

Executive Assistant Director, and 

Associate Director for Chemical 

Security, respectively. CISA has also 

replaced references to the Office of 

General Counsel of DHS with references 

to the Office of the Chief Counsel of 

CISA, where appropriate. These changes 

have been made throughout 6 CFR part 

27. We have also removed the definition 

of ‘‘Deputy Secretary’’ because it is not 

referenced in the regulatory text. 

We have replaced references to 

‘‘section 550,’’ which refers to the 

original numbering from the Homeland 

Security Appropriations Act 2007, with 

language referring to ‘‘this part’’ or 

references to the U.S. Code citation—6 

U.S.C. 621 et seq.—to reflect changes in 

statutory numbering. We have removed 

gendered references to officials (e.g., 

‘‘his designee,’’ or ‘‘his staff’’) and used 

gender-neutral terms where appropriate. 

In several sections, CISA has made 

grammatical or stylistic corrections to 

fix minor errors in the regulation such 

as consistent use of the Oxford comma 

and consistently hyphenating the term 

‘‘high-risk’’ when it is used as an 

adjective. We discuss select additional 

specific changes below, and note that 

this is not an exhaustive list of changes. 

For an exhaustive list of changes, please 

see the amendatory instructions at the 

end of this document. 

In section 27.105, CISA updates the 

definition of A Placarded Amount to 

spell out the acronym STQ. In the 

definition of Alternative Security 

Program we capitalize the word ‘‘State.’’ 

In the definition of Chemical Security 

Assessment Tool or CSAT we remove 

the list of examples from the definition. 

CISA is adding a new definition for the 

term Office of the Chief Counsel to 

clearly indicate the term refers to the 

Office of the Chief Counsel within CISA. 

In the definition of CUM 100g, CISA is 

clarifying that the term is used only in 

the context of chemical weapons 

themselves, which are a subset of the 

‘‘Theft—CW/CWP’’ category. In the 

definition of Secretary, CISA is 

replacing the citation to section 550 

with a citation to 6 U.S.C. 621 et seq., 

to make the citation easier to find. 

Finally, we are correcting a citation in 

the definition of Terrorist attack or 

terrorist incident by replacing a citation 

to the definition of terrorism or terrorist 

activity, previously noted as 6 U.S.C. 

101(15), with a citation to 6 U.S.C. 

101(16). 

In section 27.110(b), CISA is 

rewording the reference to excluded 

facilities by replacing the existing 

language with a clear reference to 

statutory exclusions in 6 U.S.C. 621(4) 

and breaking down the long paragraph 

on excluded facilities into four 

subsections to make clear that the 

regulatory language does not change the 

scope of the statutory exemption. 

In section 27.210, CISA is adjusting 

the language in paragraph (b)(1) to make 

clear that the requirement to complete 


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and submit a new Top-Screen is 

calculated from the date of the approval 

of the facility’s latest Security Plan. 

Additionally, CISA is splitting the 

paragraph into two sub-paragraphs to 

improve readability, and removing an 

extra space in paragraph (b)(3). 

In section 27.400, CISA is correcting 

a citation to the Federal Records Act in 

paragraph (k), replacing an inaccurate 

U.S. Code reference to the proper 

citation to that Act. 

Numerous other changes to style, 

language, and punctuation are being 

made in this technical amendment. In 

the text above, we discussed the 

particulars of some of the more 

significant changes. Examination of the 

amendments to the regulatory text 

below will the detail numerous 

additional edits to grammar, 

punctuation, abbreviation, and 

numbering that have been made in this 

document. 

List of Subjects in 6 CFR Part 27 

Reporting and recordkeeping 

requirements, Security measures. 

For the reasons set forth in the 

preamble, the Department of Homeland 

Security amends 6 CFR part 27 as 

follows: 

PART 27—CHEMICAL FACILITY ANTITERRORISM STANDARDS 

■ 1. The authority citation for part 27 is 

revised to read as follows: 

Authority: 6 U.S.C. 624; Pub. L. 101–410, 

104 Stat. 890, as amended by Pub. L. 114– 

74, 129 Stat. 599; Pub. L. 113–254, 128 Stat. 

2898, as amended by Pub. L. 116–150, 134 

Stat. 679. 

§ 27.100 [Amended] 

■ 2. Amend § 27.100 by removing the 

‘‘§ ’’ symbol after the term ‘‘6 U.S.C.’’. 

■ 3. Amend § 27.105 as follows: 

■ a. In the definition of ‘‘A Placarded 

Amount’’ remove the term ‘‘STQ’’ and 

add, in its place, the term ‘‘screening 

threshold quantity (STQ)’’; 

■ b. In the definition of ‘‘Alternative 

Security Program or ASP’’: 

■ i. Remove the word ‘‘state’’ and add, 

in its place, the word ‘‘State’’; 

■ ii. Add a comma after the term 

‘‘Federal government program’’; and 

■ iii. Remove the term ‘‘Assistant 

Secretary’’ and add in its place the term 

‘‘Executive Assistant Director’’; 

■ c. Add, in alphabetical order the 

definition of ‘‘Associate Director for 

Chemical Security’’; 

■ d. Remove the definition of ‘‘Assistant 

Secretary’’; 

■ e. In the definition of ‘‘Chemical 

Facility or facility’’, remove the term 

‘‘Assistant Secretary’’ and add in its 

place the term ‘‘Executive Assistant 

Director’’; 

■ f. In the definition of ‘‘Chemical 

Security Assessment Tool or CSAT’’, 

remove the phrase ‘‘four applications, 

including User Registration, TopScreen, Security Vulnerability 

Assessment, and Site Security Plan,’’ 

and add in its place the word 

‘‘applications’’; 

■ g. In the definition of ‘‘Chemicalterrorism Vulnerability Information’’, 

remove the phrase ‘‘or CVI’’ and add, in 

its place, the term ‘‘(CVI)’’; 

■ h. In the definition of ‘‘Coordinating 

Official’’: 

■ i. Remove the word ‘‘his’’; and 

■ ii. Remove the term ‘‘Assistant 

Secretary’’ and add, in its place, the 

term ‘‘Executive Assistant Director’’; 

■ i. In the definition of ‘‘Covered 

Facility or Covered Chemical Facility’’, 

remove the term ‘‘Assistant Secretary’’ 

wherever it appears and add in its place, 

the term ‘‘Executive Assistant Director’’; 

■ j. Revise the definition of CUM 100g; 

■ k. Remove the definition of ‘‘Deputy 

Secretary’’; 

■ l. Add, in alphabetical order the 

definition of ‘‘Director’’; 

■ m. Remove the definition of ‘‘Director 

of the Chemical Security Division or 

Director’’; 

■ n. Add, in alphabetical order the 

definition of ‘‘Executive Assistant 

Director’’; 

■ o. Remove the definition of ‘‘General 

Counsel’’; 

■ p. Add, in alphabetical order the 

definition of ‘‘Office of the Chief 

Counsel’’; 

■ q. In the definition of ‘‘Present high 

levels of security risk and high risk’’, 

add a comma after the term ‘‘national 

security’’; 

■ r. In the definition of ‘‘Risk profiles’’, 

remove the term ‘‘Assistant Secretary’’ 

and add, in its place, the term 

‘‘Executive Assistant Director’’; 

■ s. In the definition of ‘‘Secretary or 

Secretary of Homeland Security’’: 

■ i. Add a comma after the word 

‘‘officer’’; and 

■ ii. Remove the term ‘‘section 550’’ and 

add, in its place, the term ‘‘6 U.S.C. 621 

et seq.’’; 

■ t. In the definition of ‘‘Security Issue’’: 

■ i. Remove the comma from the end of 

paragraph (2) and add in its place a 

semicolon; 

■ ii. Remove the comma from the end of 

paragraph (3) and add in its place ‘‘; 

and’’ 

■ u. In the definition of ‘‘Terrorist attack 

or terrorist incident’’: 

■ i. Remove the term ‘‘6 U.S.C. 101(15)’’ 

and add, in its place, the term ‘‘6 U.S.C. 

101(16)’’; and 

■ ii. Add a comma after the word 

‘‘misappropriation’’; 

■ v. In the definition ‘‘Tier’’, remove the 

term ‘‘and which’’ and add, in its place, 

the word ‘‘that’’; 

■ w. In the definition ‘‘Top-Screen’’, 

remove the term ‘‘Assistant Secretary’’ 

and add, in its place, the term 

‘‘Executive Assistant Director’’; and 

■ x. Remove the definition of ‘‘Under 

Secretary’’; 

The revisions and additions read as 

follows: 

§ 27.105 Definitions. 

* * * * * 

Associate Director for Chemical 

Security shall mean the Associate 

Director for Chemical Security, 

Infrastructure Security Division, 

Cybersecurity and Infrastructure 

Security Agency, Department of 

Homeland Security, or any successors to 

that position within the Department, or 

designee. 

* * * * * 

CUM 100g shall refer to the 

cumulative STQ of 100 grams for 

designated Chemical Weapons (CW), 

located in appendix A to part 27 as the 

entry for the STQ and Minimum 

Concentration of certain Theft-CW/CWP 

chemicals. 

* * * * * 

Director shall mean the Director of the 

Cybersecurity and Infrastructure 

Security Agency, Department of 

Homeland Security, or any successors to 

that position within the Department, or 

designee. 

* * * * * 

Executive Assistant Director shall 

mean the Executive Assistant Director 

for the Infrastructure Security Division, 

Cybersecurity and Infrastructure 

Security Agency, Department of 

Homeland Security, any successors to 

that position within the Department, or 

designee. 

* * * * * 

Office of the Chief Counsel shall mean 

the Office of the Chief Counsel of the 

Cybersecurity and Infrastructure 

Security Agency, Department of 

Homeland Security, or any successors 

within the Department. 

* * * * * 

■ 4. Revise § 27.110 to read as follows: 

§ 27.110 Applicability. 

(a) This part applies to chemical 

facilities and to covered facilities as set 

out herein; and 

(b) This part does not apply to a 

facility that is excluded as set forth in 

6 U.S.C. 621(4): 

(1) A facility regulated under the 

Maritime Transportation Security Act of 

2002 (Pub. L. 107–295; 116 Stat. 2064); 

(2) A public water system, as that 

term is defined in 42 U.S.C. 300f; 


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(3) A Treatment Works, as that term 

is defined in 33 U.S.C. 1292; 

(4) A facility owned or operated by 

the Department of Defense or the 

Department of Energy; or 

(5) A facility subject to regulation by 

the Nuclear Regulatory Commission, or 

by a State that has entered into an 

agreement with the Nuclear Regulatory 

Commission under 42 U.S.C. 2021(b) to 

protect against unauthorized access of 

any material, activity, or structure 

licensed by the Nuclear Regulatory 

Commission. 

§ 27.115 [Amended] 

■ 5. Amend § 27.115 as follows: 

■ a. Remove the term ‘‘Assistant 

Secretary’’ wherever it appears and add, 

in its place, the term ‘‘Executive 

Assistant Director’’; and 

■ b. Remove the term ‘‘the section 550 

program’’ and add, in its place, the term 

‘‘this part’’. 

■ 6. Amend § 27.120 as follows: 

■ a. Revise the section heading; 

■ b. In paragraph (a) remove the term 

‘‘Assistant Secretary’’ and add, in its 

place, the term ‘‘Executive Assistant 

Director’’; and 

■ c. In paragraph (b) remove the term 

‘‘and his staff’’. 

The revision reads as follows: 

§ 27.120 Designation of a Coordinating 

Official; consultations and technical 

assistance. 

* * * * * 

§ 27.200 [Amended] 

■ 7. Amend § 27.200: 

■ a. In paragraph (a) add a comma after 

the second use of the word ‘‘safety’’; 

■ b. In paragraph (b)(1) remove the term 

‘‘Assistant Secretary’’ wherever it 

appears and add, in its place, the term 

‘‘Executive Assistant Director’’; 

■ c. In paragraph (c) amend the 

paragraph heading by removing the 

words ‘‘High Risk’’ and adding in their 

place the words ‘‘High-Risk’’; 

■ d. In paragraph (c)(1): 

■ i. In the first sentence, remove the 

word, ‘‘timeframe’’ and add, in its place, 

the words ‘‘time frame’’; 

■ ii. Remove the term ‘‘Assistant 

Secretary’’ wherever it appears, and 

add, in its place, the term ‘‘Executive 

Assistant Director’’; and 

■ iii. Add a comma after the citation 

‘‘§ 27.250’’. 

§ 27.203 [Amended] 

■ 8. Amend § 27.203 as follows: 

■ a. In paragraph (a)(7): 

■ i. Remove the term ‘‘et. seq.’’ and add 

in its place the term ‘‘et seq.’’; and 

■ ii. Add the word ‘‘or’’ after the 

semicolon at the end of the paragraph; 

■ b. In paragraph (a)(8) remove the term 

‘‘in naturally occurring’’ and add in its 

place the term ‘‘In naturally occurring’’; 

■ c. In paragraph (b)(1)(v): 

■ i. Add a comma after the word 

‘‘kerosene’’; 

■ ii. Remove the term ‘‘27.204(a)(2))’’ 

and add in its place ‘‘§ 27.204(a)(2)),’’; 

■ d. In paragraph (b)(2): 

■ i. Remove the term ‘‘(c)(2)(i)’’ and add 

in its place the term ‘‘(b)(2)(i)’’; and 

■ ii. Add a comma after the word 

‘‘processes’’; and 

■ e. In paragraph (c) remove the term 

‘‘theft/diversion-Chemical Weapons 

(CW)’’ and add, in its place, the term 

‘‘theft/diversion-CW’’. 

■ 9. Amend § 27.204 as follows: 

■ a. In paragraph (a)(2): 

■ i. Remove terms, ‘‘National Fire 

Protection Association (NFPA)’’ and 

‘‘National Fire Protection Association’’ 

wherever they appear and add, in their 

place, the term ‘‘NFPA’’ 

■ ii. Revise the sixth sentence; 

■ b. In paragraph (b)(1): 

■ i. Remove the phrase ‘‘Theft/ 

Diversion-Chemical Weapons (CW) and 

Chemical Weapons Precursors (CWP 

Chemicals:’’ and add a paragraph (b)(1) 

heading; and 

■ ii. Remove the term ‘‘theft/diversionCWC/CWP’’ and add, in its place, the 

term ‘‘theft/diversion-CW/CWP’’; 

■ c. In paragraph (b)(2) remove the 

phrase ‘‘Theft/Diversion-Weapon of 

Mass Effect (WME) Chemicals:’’ and add 

a paragraph (b)(2) heading; 

■ d. Revise the paragraph (b)(3) heading; 

and 

■ e. In paragraph (c) remove the phrase 

‘‘For each sabotage/contamination 

chemical of interest’’ and add, in its 

place, the phrase ‘‘For each sabotage 

and contamination chemical of 

interest’’. 

The revisions read as follows: 

§ 27.204 Minimum concentration by 

security issue. 

(a) * * * 

(2) * * * You may inspect a copy of 

the incorporated standard at the 

Department of Homeland Security, 1621 

Kent Street, 9th Floor, Rosslyn, VA 

(please call 703–235–0709 to make an 

appointment), or at the National 

Archives and Records Administration 

(NARA). * * * 

* * * * * 

(b) * * * 

(1) Theft/Diversion-Chemical 

Weapons (CW) and Chemical Weapons 

Precursors (CWP) chemicals. * * * 

(2) Theft/Diversion-Weapon of Mass 

Effect (WME) chemicals. * * * 

(3) Theft/Diversion-Explosives/ 

Improvised Explosive Device Precursor 

(EXP/IEDP) chemicals. * * * 

* * * * * 

§ 27.205 [Amended] 

■ 10. Amend § 27.205 as follows: 

■ a. In paragraph (a): 

■ i. Remove the term ‘‘Assistant 

Secretary’’ and add, in its place, the 

term ‘‘Executive Assistant Director’’; 

and 

■ ii. Add a comma after the term 

‘‘national security’’; and 

■ b. In paragraph (b) remove the term 

‘‘Assistant Secretary’’ wherever it 

appears and add, in its place, the term 

‘‘Executive Assistant Director’’. 

■ 11. Amend § 27.210 as follows: 

■ a. In paragraph (a) remove the word 

‘‘timeframes’’ and add in its place the 

term ‘‘time frames’’; 

■ b. Revise paragraph (b)(1); 

■ c. In paragraph (b)(3) remove the extra 

space after the word ‘‘section’’; and 

■ d. In paragraph (c) remove the term 

‘‘Assistant Secretary’’ wherever it 

appears and add, in its place, the term 

‘‘Executive Assistant Director’’. 

The revision reads as follows: 

§ 27.210 Submissions schedule. 

* * * * * 

(b) * * * 

(1) Top-Screen. Unless otherwise 

notified: 

(i) Tier 1 and Tier 2 covered facilities 

must complete and submit a new TopScreen no less than two years, and no 

more than two years and 60 calendar 

days, from the date of the Department’s 

approval of the facility’s most recent 

Site Security Plan. 

(ii) Tier 3 and Tier 4 covered facilities 

must routinely complete and submit a 

Top-Screen no less than three years, and 

no more than three years and 60 

calendar days, from the date of the 

Department’s approval of the facility’s 

most recent Site Security Plan. 

* * * * * 

§ 27.215 [Amended] 

■ 12. Amend § 27.215 as follows: 

■ a. In paragraph (a) introductory text: 

■ i. Remove the term ‘‘Assistant 

Secretary’’ and add, in its place, the 

term ‘‘Executive Assistant Director’’; 

and 

■ ii. Remove the term ‘‘high-risk’’ and 

add, in its place, ‘‘high risk’’; 

■ b. In paragraph (a)(3) remove the term 

‘‘Risk-Based Performance Standards’’ 

and add, in its place, the term ‘‘riskbased performance standards’’; 

■ c. In paragraph (b) remove the term 

‘‘Assistant Secretary’’ and add, in its 

place, the term ‘‘Executive Assistant 

Director’’; and 

■ d. In paragraph (d)(2): 

■ i. Add a comma after the word 

‘‘revise’’; and 

■ ii. Remove the term ‘‘Assistant 

Secretary’’ and add, in its place, the 

term ‘‘Executive Assistant Director’’. 


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§ 27.220 [Amended] 

■ 13. In § 27.220 remove the term 

‘‘Assistant Secretary’’ wherever it 

appears and add, in its place, the term 

‘‘Executive Assistant Director’’. 

§ 27.225 [Amended] 

■ 14. Amend § 27.225 as follows: 

■ a. Remove the term ‘‘Assistant 

Secretary’’ wherever it appears and add, 

in its place, the term ‘‘Executive 

Assistant Director’’; and 

■ b. In paragraph (d)(1) add a comma 

after the word ‘‘revises’’. 

§ 27.230 [Amended] 

■ 15. In § 27.230 remove the term 

‘‘Assistant Secretary’’ wherever it 

appears, and add, in its place, the term 

‘‘Executive Assistant Director’’. 

§ 27.235 [Amended] 

■ 16. In § 27.235 amend paragraph (a) 

introductory text by: 

■ a. Removing the first use of the term, 

‘‘Alternate Security Program’’ and 

adding, in its place, the term, 

‘‘Alternative Security Program’’; 

■ b. Removing the term ‘‘Assistant 

Secretary’’ and adding, in its place, the 

term ‘‘Executive Assistant Director’’; 

and 

■ c. Removing the second and third uses 

of the term ‘‘Alternate Security 

Program’’ and adding, in their places, 

the term, ‘‘ASP’’. 

§ 27.240 [Amended] 

■ 17. Amend § 27.240 as follows: 

■ a. In paragraph (a) remove the term 

‘‘Alternative Security Programs’’ and 

add, in its place, the term ‘‘ASPs’’; and 

■ b. In paragraph (b) remove the term 

‘‘SVA’’ wherever it appears, and add, in 

its place, the term ‘‘Security 

Vulnerability Assessment’’. 

§ 27.245 [Amended] 

■ 18. Amend § 27.245 as follows: 

■ a. In paragraph (a)(1) introductory 

text: 

■ i. Remove the phrase ‘‘review and 

approve or disapprove all’’ and add, in 

its place, the phrase ‘‘review, and either 

approve or disapprove, all’’; 

■ ii. Remove the term ‘‘Alternative 

Security Programs’’ and add, in its 

place, the term ‘‘ASPs’’; 

■ b. In paragraph (a)(1)(i) remove the 

phrase ‘‘Upon receipt of Site Security 

Plan’’ and add, in its place, the phrase 

‘‘Upon receipt of the Site Security 

Plan’’; and 

■ c. In paragraph (b) remove the term 

‘‘SSP’’ wherever it appears and add, in 

its place, the term ‘‘Site Security Plan’’. 

§ 27.250 [Amended] 

■ 19. Amend § 27.250 as follows: 

■ a. In paragraph (c)(1) remove the term 

‘‘Under Secretary or Assistant 

Secretary’’ and add, in its place, the 

term ‘‘Director or Executive Assistant 

Director’’; 

■ b. In paragraph (c)(2) remove the term 

‘‘Director of the Chemical Security 

Division’’ and add, in its place, the term 

‘‘Associate Director for Chemical 

Security’’; 

■ c. In paragraph (d)(3) in the second 

sentence, remove the phrase ‘‘object and 

electronically stored’’ and add, in its 

place, the phrase ‘‘objects, and 

electronically stored’’; 

■ d. In paragraph (e) remove the term 

‘‘CVI’’ and add, in its place, the term 

‘‘Chemical-terrorism Vulnerability 

Information’’; and 

■ e. In paragraph (f) remove the term 

‘‘Assistant Secretary’’ and add, in its 

place, the term ‘‘Executive Assistant 

Director’’. 

§ 27.255 [Amended] 

■ 20. Amend § 27.255 as follows: 

■ a. In paragraph (a)(1) remove the 

period at the end of the paragraph and 

add, in its place, a semicolon; 

■ b. In paragraph (a)(2) add a comma 

after the term ‘‘lessons learned’’; and 

■ c. In paragraph (a)(6) remove the 

period at the end of the paragraph and 

add, in its place ‘‘; and’’. 

§ 27.300 [Amended] 

■ 21. Amend § 27.300 as follows: 

■ a. Remove the term ‘‘Assistant 

Secretary’’ wherever it appears and add, 

in its place, the term ‘‘Executive 

Assistant Director’’; 

■ b. In paragraph (b)(1) remove the 

phrase ‘‘the Assistant may enter an 

Order Assessing Civil Penalty’’ and add, 

in its place, the phrase ‘‘the Executive 

Assistant Director may enter an Order 

Assessing Civil Penalty’’; 

■ c. In paragraph (b)(2) add the word, 

‘‘the’’ before the word ‘‘Department’’; 

■ d. In paragraph (c)(1)(iv) remove the 

word ‘‘and’’ after the semicolon at the 

end of the paragraph; 

■ e. In paragraph (c)(1)(v): 

■ i. Remove the comma after the word 

‘‘statement’’; and 

■ ii. Remove the word ‘‘chemical’’ and 

add, in its place, the word ‘‘facility’’; 

■ f. In paragraph (d) remove the term 

‘‘Notice for Application for Review’’ and 

add, in its place, the term ‘‘Notice of 

Application for Review’’; and 

■ g. In paragraph (f) remove the term 

‘‘Notice of Application of Review’’ and 

add, in its place, the term ‘‘Notice of 

Application for Review’’. 

§ 27.305 [Amended] 

■ 22. Amend § 27.305(a) by removing 

the word ‘‘which’’ and add, in its place, 

the word ‘‘that’’. 

§ 27.310 [Amended] 

■ 23. Amend § 27.310 by: 

■ a. Removing the terms ‘‘Assistant 

Secretary’’ and ‘‘Assistant Secretary’s’’ 

wherever they appear and adding in 

their places the terms ‘‘Executive 

Assistant Director’’ and ‘‘Executive 

Assistant Director’s’’, respectively; 

■ b. In paragraph (b)(1) removing the 

phrase, ‘‘with the office of the 

Department hereinafter designated by 

the Secretary’’; 

■ c. In paragraph (b)(3) removing the 

term ‘‘General Counsel’’ and adding, in 

its place, the term ‘‘Office of the Chief 

Counsel’’; 

■ d. In paragraph (b)(5) removing the 

phrase ‘‘fourteen calendar days’’ and 

adding, in its place, the phrase ‘‘14 

calendar days’’; and 

■ e. In paragraph (c): 

■ i. Removing the term ‘‘Office of 

General Counsel’’ and adding, in its 

place, the term ‘‘Office of the Chief 

Counsel’’; 

■ ii. Adding a comma after the word 

‘‘affidavits’’; and 

■ iii. Removing the phrase ‘‘fourteen 

calendar days’’ and adding, in its place, 

the phrase ‘‘14 calendar days’’; and 

■ f. In paragraph (d) introductory text, 

removing the phrase ‘‘(as determined in 

his sole discretion)’’ and adding, in its 

place, the phrase ‘‘(as determined in his 

or her sole discretion)’’. 

§ 27.315 [Amended] 

■ 24. Amend § 27.315(b) by removing 

the phrase ‘‘this subpart, to serve 

generally in the capacity’’ and adding, 

in its place, the phrase ‘‘this subpart, to 

serve, generally, in the capacity’’. 

§ 27.320 [Amended] 

■ 25. Amend § 27.320 by: 

■ a. Removing the term ‘‘ex parte’’ 

wherever it appears and adding in its 

place the term ‘‘ex parte’’; and 

■ b. In paragraph (b) removing the 

phrase ‘‘which is relevant’’ and adding, 

in its place, the phrase ‘‘that is 

relevant’’. 

§ 27.325 [Amended] 

■ 26. Amend § 27.325 by removing the 

term ‘‘Assistant Secretary’’ and adding, 

in its place, the term ‘‘Executive 

Assistant Director’’. 

§ 27.330 [Amended] 

■ 27. Amend § 27.330(b) by adding the 

word ‘‘a’’ before the phrase ‘‘decision as 

a matter of law’’. 

§ 27.335 [Amended] 

■ 28. Amend § 27.335 as follows: 

■ a. In paragraph (b)(1) remove the word 

‘‘his’’ wherever it appears and add, in 

its place, the phrase ‘‘his or her’’; and 


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Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Rules and Regulations 41893 

■ b. In paragraph (b)(2): 

■ i. Remove the phrase ‘‘facility of other 

person’’ and add, in its place, the phrase 

‘‘facility or other person’’; 

■ ii. Add a comma after the term ‘‘direct 

testimony’’; 

■ iii. Remove the word ‘‘he’’ and add, in 

its place, the phrase ‘‘he or she’’; and 

■ iv. Add a comma after the phrase 

‘‘administrative action’’. 

§ 27.345 [Amended] 

■ 29. Amend § 27.345 by: 

■ a. Removing the term ‘‘Under 

Secretary’’ wherever it appears and 

adding, in its place, the term ‘‘Director’’; 

■ b. Removing the term ‘‘Assistant 

Secretary’’ wherever it appears and 

adding, in its place, the term ‘‘Executive 

Assistant Director’’; 

■ c. In paragraph (b)(3) removing the 

phrase ‘‘General Counsel’’ and adding, 

in its place, the phrase ‘‘Office of the 

Chief Counsel’’; 

■ d. In paragraph (d)(1) removing the 

phrase ‘‘his designee’’ and adding, in its 

place, the phrase ‘‘his or her designee’’; 

and 

■ e. Removing the term ‘‘ex parte’’ 

wherever it appears in paragraphs (d)(1) 

through (d)(3), and adding in its place 

‘‘ex parte’’; 

■ f. In paragraph (d)(2): 

■ i. Removing the phrase ‘‘his designee’’ 

wherever it appears, and adding, in its 

place, the phrase ‘‘his or her designee’’; 

■ ii. Removing the phrase ‘‘information 

which is relevant’’ and adding, in its 

place, the phrase ‘‘information that is 

relevant’’; 

■ 30. Amend § 27.400 by: 

■ a. Removing the term ‘‘Assistant 

Secretary’’ wherever it appears and 

adding, in its place, the term ‘‘Executive 

Assistant Director’’ 

■ b. In paragraph (a): 

■ i. Removing the phrase ‘‘section 

550(c) of the Homeland Security 

Appropriations Act of 2007’’ and 

adding, in its place, the term ‘‘6 U.S.C. 

621 et seq.’’; 

■ ii. Adding a comma after the word 

‘‘State’’; and 

■ c. In paragraph (b) introductory text, 

removing the phrase ‘‘section 550(c) of 

the Department of Homeland Security 

Appropriations Act of 2007’’ and 

adding, in its place, the term ‘‘6 U.S.C. 

623’’; 

■ d. In paragraph (b)(3) adding a comma 

after the term ‘‘Letters of Approval’’; 

■ e. In paragraph (b)(4) removing the 

word ‘‘Alternate’’ and adding in its 

place, the word ‘‘Alternative’’; 

■ f. In paragraph (b)(7) adding a comma 

after the word ‘‘notices’’; 

■ g. In paragraph (b)(9) after the word 

‘‘his’’, adding the term ‘‘or her’’; 

■ h. In paragraph (c)(1) adding the word 

‘‘and’’ after the semicolon at the end of 

the paragraph; 

■ i. In paragraph (d) introductory text 

removing the dash from the end of the 

paragraph and add in its place a colon. 

■ j. In paragraph (d)(6) removing the 

dash from the end of the paragraph and 

adding in its place, a colon 

■ k. In paragraph (d)(7) removing the 

period at the end of the paragraph and 

adding in its place, ‘‘; and’’; 

■ l. In paragraph (d)(8): 

■ i. Removing the term ‘‘critical 

infrastructure information’’ and adding 

in its place, the term ‘‘Protected Critical 

Infrastructure Information’’; 

■ ii. Removing the term ‘‘section 214 of 

the Homeland Security Act’’ and adding 

in its place, the term ‘‘6 U.S.C. 133’’; 

and 

■ iii. Removing the phrase ‘‘section 214 

and any implementing regulations’’ and 

adding in its place, the phrase ‘‘6 U.S.C. 

133 and any implementing regulations’’; 

■ m. In paragraph (f)(1) introductory 

text removing the dash from end of the 

paragraph and adding in its place, a 

colon; 

■ n. In paragraph (f)(2) revising the 

paragraph heading to read ‘‘Protective 

markings.’’; 

■ o. In paragraph (f)(4) removing the 

term ‘‘audio recording’’ and adding in 

its place, the term ‘‘audio recordings’’; 

■ p. In paragraph (g): 

■ i. Revise the paragraph heading; 

■ ii. Add a heading to paragraph (g)(1); 

■ iii. In paragraph (g)(2), remove the 

first sentence and add a paragraph 

heading; 

■ q. In paragraph (h)(1): 

■ i. Removing the term ‘‘section 550’’ 

wherever it appears and adding, in its 

place, the term ‘‘6 U.S.C. 621 et seq.’’; 

and 

■ ii. Removing the term ‘‘his counsel’’ 

and adding in its place, the term ‘‘his or 

her counsel’’; 

■ r. In paragraph (i)(1) introductory text: 

■ i. Removing the term ‘‘section 550’’ 

and adding, in its place, the term ‘‘6 

U.S.C. 621 et seq.’’; and 

■ ii. Removing the phrase ‘‘his sole 

discretion’’ and adding in its place the 

phrase ‘‘his or her sole discretion’’; 

■ s. In paragraph (i)(2)introductory text: 

■ i. Removing the term ‘‘of section 550’’ 

and adding in its place, the term ‘‘under 

6 U.S.C. 621 et seq.’’; and 

■ ii. Removing the dash from the end of 

the paragraph and adding in its place, 

a colon; 

■ t. In paragraph (i)(6) removing the 

term ‘‘of section 550’’ and adding in its 

place, the term ‘‘under 6 U.S.C. 621 et 

seq.’’; 

■ u. In paragraph (i)(7): 

■ i. In the introductory text, removing 

the dash at the end of the sentence and 

adding a period; 

■ ii. In paragraph (i)(7)(i) removing the 

word ‘‘Objection—’’ and adding a 

paragraph heading; 

■ iii. In paragraph (i)(7)(ii) removing the 

words ‘‘Action by court—’’ and adding 

a paragraph heading; and 

■ iv. In paragraph (i)(7)(iii) removing 

the words ‘‘Obligation by defendant—’’ 

and adding a paragraph heading; and 

■ v. In paragraph (k)(1) removing the 

citation ‘‘(5 U.S.C. 105)’’ and adding, in 

its place, the citation ‘‘(codified at 44 

U.S.C. 3101 et seq. and 3301 et seq.)’’. 

The revision reads as follows: 

§ 27.400 Chemical-terrorism vulnerability 

information. 

* * * * * 

(f) * * * 

(2) Protective markings. * * * 

* * * * * 

(g) Disclosure by the Department—(1) 

In general. * * * 

(2) Disclosure of Segregable Information 

under the Freedom of Information Act 

and the Privacy Act. * * * 

* * * * * 

(i) * * * 

(7) * * * 

(i) Objection. * * * 

(ii) Action by court. * * * 

(iii) Obligation of defendant. * * * 

* * * * * 

§ 27.405 [Amended] 

■ 31. Amend § 27.405 as follows: 

■ a. In paragraph (a) introductory text: 

■ i. Remove the term ‘‘state law’’ and 

add, in its place, the term ‘‘State law’’; 

■ ii. Add a comma after the phrase 

‘‘poses an obstacle to’’; and 

■ iii. Add a comma after the word 

‘‘disapproval’’; 

■ b. In paragraph (b): 

■ i. Add a comma after the phrase ‘‘State 

law, regulation’’ wherever it appears; 

and 

■ ii. Remove the phrase, ‘‘promulgated 

regulation, ordinance, administrative 

action, order or decision, or common 

law standard’’ and, in its place, add the 

phrase ‘‘promulgated regulation, 

ordinance, administrative action, order, 

decision, or common law standard’’; 

■ c. In paragraph (c) remove the phrase 

‘‘regulation, or administrative action, or 

decision or’’ and add, in its place, the 

phrase ‘‘regulation, administrative 

action, decision, or’’; 

■ d. In paragraph (d)(1) 

■ i. Remove the phrase ‘‘administrative 

actions, or opinions or orders’’ and add, 

in its place, the phrase ‘‘administrative 

actions, opinions, or orders’’; and 

■ ii. Add a comma after the term ‘‘pose 

an obstacle to’’; and 


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41894 Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Rules and Regulations 

■ e. In paragraph (d)(2) remove the term 

‘‘Assistant Secretary’’ and add, in its 

place, the term ‘‘Executive Assistant 

Director’’. 

§ 27.410 [Amended] 

■ 32. Amend § 27.410 as follows: 

■ a. In the section heading, remove the 

term ‘‘Third party’’ and add, in its place, 

the term ‘‘Third-party’’; and 

■ b. In paragraph (b) remove the term 

‘‘Assistant Secretary’’ and add, in its 

place, the term ‘‘Executive Assistant 

Director’’. 

Alejandro Mayorkas, 

Secretary, Department of Homeland Security. 

[FR Doc. 2021–14398 Filed 8–3–21; 8:45 am] 

BILLING CODE 9110–9P–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2021–0417; Airspace 

Docket No. 21–AGL–23] 

RIN 2120–AA66 

Amendment of Class E Airspace; 

Eveleth, MN 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends the Class 

E airspace extending upward from 700 

feet above the surface at EvelethVirginia Municipal Airport, Eveleth, 

MN. This action is the result of an 

airspace review caused by the 

decommissioning of the Eveleth nondirectional beacon (NDB). The 

geographic coordinates of the airport are 

also being updated to coincide with the 

FAA’s aeronautical database. 

DATES: Effective 0901 UTC, October 7, 

2021. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order 7400.11 and publication of 

conforming amendments. 

ADDRESSES: FAA Order 7400.11E, 

Airspace Designations and Reporting 

Points, and subsequent amendments can 

be viewed online at https://

www.faa.gov/air_traffic/publications/. 

For further information, you can contact 

the Airspace Policy Group, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; telephone: (202) 267–8783. 

The Order is also available for 

inspection at the National Archives and 

Records Administration (NARA). For 

information on the availability of FAA 

Order 7400.11E at NARA, email 

fr.inspection@nara.gov or go to https:// 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Claypool, Federal Aviation 

Administration, Operations Support 

Group, Central Service Center, 10101 

Hillwood Parkway, Fort Worth, TX 

76177; telephone (817) 222–5711. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it amends the 

Class E airspace extending upward from 

700 feet above the surface at EvelethVirginia Municipal Airport, Eveleth, 

MN, to support instrument flight rule 

operations at this airport. 

History 

The FAA published a notice of 

proposed rulemaking (NPRM) in the 

Federal Register (86 FR 28728; May 28, 

2021) for Docket No. FAA–2021–0417 to 

amend the Class E airspace extending 

upward from 700 feet above the surface 

at Eveleth-Virginia Municipal Airport, 

Eveleth, MN. Interested parties were 

invited to participate in this rulemaking 

effort by submitting written comments 

on the proposal to the FAA. No 

comments were received. 

Class E airspace designations are 

published in paragraph 6005 of FAA 

Order 7400.11E, dated July 21, 2020, 

and effective September 15, 2020, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in the order. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document amends FAA Order 

7400.11E, Airspace Designations and 

Reporting Points, dated July 21, 2020, 

and effective September 15, 2020. FAA 

Order 7400.11E is publicly available as 

listed in the ADDRESSES section of this 

document. FAA Order 7400.11E lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

The Rule 

This amendment to 14 CFR part 71 

amends the Class E airspace extending 

upward from 700 feet above the surface 

to within an 8.7-mile (increased from a 

7-mile) radius of Eveleth-Virginia 

Municipal Airport, Eveleth, MN; and 

updates the geographic coordinates of 

the airport to coincide with the FAA’s 

aeronautical database. 

This action is necessary due to an 

airspace review caused by the 

decommissioning of the Eveleth NDB 

which provided navigation information 

for the instrument procedures at this 

airport. 

FAA Order 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore: (1) Is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5.a. This airspace action 

is not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 


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