[Federal Register Volume 73, Number 6 (Wednesday, January 9, 2008)]
[Notices]
[Page 1640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-199]



[[Page 1640]]

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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2006-0073]


Notice to Agricultural Facilities About Requirement To Complete 
Chemical Security Assessment Tool Top-Screen

AGENCY: Department of Homeland Security.

ACTION: Notice.

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SUMMARY: The Department of Homeland Security (DHS or Department) is 
publishing a letter that it issued on December 21, 2007. Through this 
letter, the Department is granting a time extension for farmers and 
other agricultural users who are required to submit information (known 
as the Chemical Security Assessment Tool Top-Screen) under federal 
chemical security regulations.

DATES: Effective December 21, 2007.

FOR FURTHER INFORMATION CONTACT: Dennis Deziel, Chemical Security 
Compliance Division, Department of Homeland Security, 703-235-5263.

SUPPLEMENTARY INFORMATION: Section 550 of the Homeland Security 
Appropriations Act of 2007 provided the Department of Homeland Security 
(DHS or Department) with authority to promulgate ``interim final 
regulations'' for the security of certain chemical facilities in the 
United States. See Pub. L. 109-295, sec. 550. On December 28, 2006, the 
Department issued an Advance Notice of Rulemaking seeking comment on 
the significant issues and regulatory text (see 71 FR 78276), and on 
April 9, 2007, the Department published an Interim Final Rule 
establishing anti-terrorism standards for certain chemical facilities 
(see 72 FR 17688). The Interim Final Rule was effective June 8, 2007.
    On November 20, 2007, the Department issued a Final Rule for 
Appendix A to the Chemical Facility Anti-Terrorism Standards (see 72 FR 
65396). Appendix A to 6 CFR Part 27 consists of a List of Chemicals of 
Interest (COI) and Screening Threshold Quantities (STQs) for each 
chemical. Any facility that possesses or later comes into possession of 
any listed COI at or above the STQ must complete and submit a Chemical 
Security Assessment Tool Top-Screen to DHS.
    This letter grants a time extension, as specified, to farmers and 
other agricultural users of COI for submitting Top-Screens to DHS. On 
December 21, 2007, the Department issued this letter to various 
interested parties. For purposes of clarification, this time extension 
does not apply to agricultural facilities that are required to submit a 
Top-Screen, because they possess a COI (e.g., propane) at or above the 
applicable STQ for use as a fuel (e.g., for heating) at such 
facilities.

Dear Sir or Madam:

    I am writing to notify you that the Department of Homeland 
Security (DHS) is granting a time extension for certain facilities 
required to submit information under federal chemical security 
regulations. On April 9, 2007, DHS published the Chemical Facility 
Anti-Terrorism Standards Interim Final Rule (6 CFR Part 27); and on 
November 20, 2007, DHS published a final list of chemicals of 
interest, known as Appendix A. See 72 FR 17688 and 72 FR 65396. With 
the publication of the final Appendix A, all provisions of the 
regulations are in effect.
    Upon publication of Appendix A, any facility that possesses any 
chemical of interest at or above the screening threshold quantity 
specified in Appendix A, was required to complete and submit 
information--called a ``Top-Screen''--to DHS by January 22, 2008. 
See 6 CFR Sec. Sec.  27.200(b)(2), 27.210(a)(1)(i).
    In the final Appendix A, DHS intended to limit the coverage of 
that requirement, as related to farmers and other agricultural users 
of the chemicals of interest, by revising screening thresholds and 
counting rules for certain chemicals. See 72 FR 65406-65407, 65415 
(Nov. 20, 2007). Since publication of the final Appendix A, however, 
additional questions and concerns have been raised regarding the 
applicability of the Top-Screen requirement to agricultural 
facilities and operations. DHS is gathering more information about 
these issues in order to determine whether any modification of the 
Top-Screen requirements might be warranted.
    In addition, the United States Congress has now passed, and the 
President has signed, the Department of Homeland Security 
Appropriations Act of 2008, which authorizes DHS to regulate the 
sale and transfer of Ammonium Nitrate. The law authorizes DHS to 
develop processes for the registration of Ammonium Nitrate 
purchasers and for the maintenance of relevant records. Because this 
law will likely cover many farmers and other agricultural 
operations, DHS may review its approach towards Chemicals of 
Interest used in agricultural operations.
    Accordingly, given the nature of these agricultural operations 
and the circumstances described above, I am exercising my authority 
under 6 CFR 27.210(c) to extend the deadline for submitting Top-
Screens under the following conditions:
    (1) Until further notice, or unless otherwise specifically 
notified in writing by DHS, the Top-Screens will not be required for 
any facility that is required to submit a Top-Screen solely because 
it possesses any Chemical of Interest, at or above the applicable 
screening threshold quantity, for use--
    (a) in preparation for the treatment of crops, feed, land, 
livestock (including poultry) or other areas of an agricultural 
production facility; or
    (b) during application to or treatment of crops, feed, land, 
livestock (including poultry) or other areas of an agricultural 
production facility;
    (2) This extension applies to facilities such as farms (e.g., 
crop, fruit, nut, and vegetable); ranches and rangeland; poultry, 
dairy, and equine facilities; turfgrass growers; golf courses; 
nurseries; floricultural operations; and public and private parks.
    (3) This extension does not apply to chemical distribution 
facilities, or commercial chemical application services.
    If you have any questions about the extension described above, 
please contact Dennis Deziel, Deputy Director, DHS Compliance 
Security Compliance Division (<a href="/cdn-cgi/l/email-protection#1c78797272756f327879667579705c78746f327b736a"><span class="__cf_email__" data-cfemail="1571707b7b7c663b71706f7c707955717d663b727a63">[email protected]</span></a>) or the CSAT 
Helpdesk at 866-323-2957 or csat.dhs.gov.

Robert B. Stephan,
Assistant Secretary for Infrastructure Protection, Department of 
Homeland Security.
[FR Doc. E8-199 Filed 1-8-08; 8:45 am]
BILLING CODE 4410-10-P


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