1640 Federal Register / Vol. 73, No. 6 / Wednesday, January 9, 2008 / Notices 

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. 

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 

§§ 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 TopScreen 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 

(dennis.deziel@dhs.gov) 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 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

[USCBP–2007–0099] 

Testing of Pressed and Toughened 

(Specially Tempered) Glassware 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security. 

ACTION: General notice; solicitation of 

comments. 

SUMMARY: This document proposes 

modifications to the standard applied by 

U.S. Customs and Border Protection 

(‘‘CBP’’) for the testing of pressed and 

toughened (specially tempered) 

glassware, as set forth in Treasury 

Decision (T.D.) 94–26, published in the 

Federal Register on March 22, 1994. In 

this regard, this document proposes 

revised criteria for interpreting the 

results obtained from the cutting test for 

opaque glassware and sets forth an 

interpretation of breakage in that test. 

This document also proposes to 

reinstate a previously used testing 

method, referred to as the center punch 

test, and sets forth a description of the 

center punch apparatus to be used for 

the proposed test. In addition, it is 

proposed to provide for the optional use 

of additional tests that would be used to 

verify the results obtained from the 

testing procedures specifically 

identified in this document. This 

document invites the public to submit 

comments to CBP on the proposed 

modifications to the standards for the 

testing of pressed and toughened 

(specially tempered) glassware. 


pwalker on PROD1PC71 with NOTICES