30-Day FRN DHS-2012-0058 Published

30-Day FRN_CSAT_DHS-2012-0058_Published_03-18-2013.pdf

Chemical Security Assessment Tool (CSAT)

30-Day FRN DHS-2012-0058 Published

OMB: 1670-0007

Document [pdf]
Download: pdf | pdf
16694

Federal Register / Vol. 78, No. 52 / Monday, March 18, 2013 / Notices

Dated: March 11, 2013.
Michael Butcher,
Acting Chief Information Officer, National
Protection and Programs Directorate,
Department of Homeland Security.
[FR Doc. 2013–06097 Filed 3–15–13; 8:45 am]
BILLING CODE 9110–9P–P

DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2012–0058]

Chemical Security Assessment Tool
(CSAT)
National Protection and
Programs Directorate, DHS.
ACTION: 30-day notice and request for
comments; Revision of Information
Collection Request: 1670–0007.
AGENCY:

The Department of Homeland
Security (DHS), National Protection and
Programs Directorate (NPPD), Office of
Infrastructure Protection (IP),
Infrastructure Security Compliance
Division (ISCD), will submit the
following Information Collection
Request (ICR) to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995 (Pub. L. 104–13, 44 U.S.C. Chapter
35). The Department previously
published this ICR in the Federal
Register on December 17, 2012, for a 60day public comment period.1 In this
notice NPPD is (1) responding to one
comment submitted in response to the
60-day notice previously published for
this ICR, (2) responding to an additional
comment that was responsive to
different notice, also published on
December 17, 2012, that solicited
comments on a related Information
Collection Request,2 and (3) soliciting
comments concerning the extension of
Information Collection Request,
Chemical Security Assessment Tool for
an additional 30 days for public
comments.
DATES: Comments are encouraged and
will be accepted until April 17, 2013.
This process is conducted in accordance
with 5 CFR 1320.10.
ADDRESSES: Interested persons are
invited to submit written comments on
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SUMMARY:

1 See 77 FR 74678. The 60-day Federal Register
notice for Information Collection 1670–0007, which
solicited comments for 60 days, may be found at
https://federalregister.gov/a/2012-30313.
2 The comment was submitted under docket #
DHS–2012–0059 and provided comment not only
on this Information Collection Request (i.e., 1670–
0007), but also on ICR 1670–0014 and ICR 1670–
0015. The comment may be viewed at http://
www.regulations.gov/#!documentDetail;D=DHS2012-0059-0002.

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the proposed information collection to
the Office of Information and Regulatory
Affairs, OMB. Comments should be
addressed to OMB Desk Officer,
Department of Homeland Security,
National Protection and Programs
Directorate. Comments must be
identified by the docket number DHS–
2012–0058 and may be submitted by
one of the following methods:
Æ Federal eRulemaking Portal: http://
www.regulations.gov.
Æ Email:
[email protected]. Include
the docket number in the subject line of
the message.
Æ Fax: (202) 395–5806.
Instructions: All submissions received
must include the words ‘‘Department of
Homeland Security’’ and the docket
number for this action. Comments
received will be posted without
alteration at http://www.regulations.gov,
including any personal information
provided.
Comments that include trade secrets,
confidential commercial or financial
information, Chemical-terrorism
Vulnerability Information (CVI),
Sensitive Security Information (SSI), or
Protected Critical Infrastructure
Information (PCII) should not be
submitted to the public regulatory
docket. Please submit such comments
separately from other comments in
response to this notice. Comments
containing trade secrets, confidential
commercial or financial information,
CVI, SSI, or PCII should be
appropriately marked and submitted by
mail to the Office of Information and
Regulatory Affairs, OMB. Comments
should be addressed to OMB Desk
Officer, Department of Homeland
Security, National Protection and
Programs Directorate. Comments must
be identified by docket number DHS–
2012–0058.
OMB is particularly interested in
comments that:
1. Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
2. Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
3. Enhance the quality, utility, and
clarity of the information to be
collected; and
4. Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,

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electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
FOR FURTHER INFORMATION CONTACT:
CFATS Program Manager, DHS/NPPD/
IP/ISCD, [email protected].
SUPPLEMENTARY INFORMATION: Section
550 of the Homeland Security
Appropriations Act of 2007, Public Law
109–295 (2006), provides DHS with the
authority to regulate the security of
high-risk chemical facilities. On April 9,
2007, the Department issued an Interim
Final Rule (IFR), implementing this
statutory mandate at 72 FR 17688.
Section 550 of the Homeland Security
Appropriations Act of 2007 requires a
risk-based approach to security.
The Chemical Facility Anti-Terrorism
Standards (CFATS) are the Department’s
regulations under Section 550 governing
security at high-risk chemical facilities.
See 6 CFR part 27. CFATS represents a
national-level effort to minimize
terrorism risk to such facilities. Its
design and implementation balance
maintaining economic vitality with
securing facilities and their surrounding
communities. The regulations were
designed, in collaboration with the
private sector and other stakeholders, to
take advantage of protective measures
already in place and to allow facilities
to employ a wide range of tailored
measures to satisfy the regulations’ RiskBased Performance Standards (RBPS).
The Department collects the core
regulatory data through the portions of
the Chemical Security Assessment Tool
(CSAT) covered under this collection.
For more information about CFATS and
CSAT, you may access www.dhs.gov/
chemicalsecurity. The current
information collection for these portions
of CSAT will expire on March 31, 2013.
Response to Comments Submitted
During the 60-Day Comment Period
The Department received two
comments in response to the Federal
Register notices published on December
17, 2012. One comment requested that
the Department correct a citation in one
of its user guides but did not comment
on the Department’s Paperwork
Reduction Act burden estimates. The
Department has made available on its
Web site (www.dhs.gov/
chemicalsecurity) updated materials
that contain the correct citation.3
3 The commenter requested that the Department
correct a citation in DHS Form 9007 (version 1.3).
The Department has made available on its Web site
version 2.8 of DHS Form 9007 which contains the
correct citation.

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Federal Register / Vol. 78, No. 52 / Monday, March 18, 2013 / Notices
The Department received a second
responsive comment that was submitted
in response to a separate but related
notice, also published on December 17,
2012, that solicited comments on a
related Information Collection Request.
See 77 FR 74677. As a result, the
Department has made several revisions
to its burden estimate for ICR 1670–
0007 in this 30-day notice in response
to the comment. These revisions are
discussed in the sections below. The
commenter also made two other
recommendations that touch on several
of the instruments in this ICR. First, the
commenter recommended that the
Department include on its forms
examples of potential responses and
pre-populate documents with data
previously submitted to the Department
by each chemical facility. Second, the
commenter recommended that the
Department make the instruments (e.g.,
Top-Screen, Security Vulnerability
Assessment [SVA]/Alternative Security
Program [ASP], and Site Security Plan
[SSP]/ASP) available online for both
data entry and final submission.
Further, the commenter recommended
that the instruments should be easy to
navigate and allow facilities to revise
and submit the instruments online in
various document formats (e.g., Word,
PDF, Visio). The commenter suggested
that if the Department implemented
these recommendations it would
decrease the administrative time spent
by both respondents and the
Department while improving the
content of the information submitted to
the Department to better satisfy program
requirements. The Department will
consider these suggestions, and if
incorporated in the future will evaluate
whether or not the burden estimates in
this information collection should be
revised.

Number of Respondents
This 30-day notice relies on the
analysis and resulting burden estimate
in the 60-day notice for this instrument
which estimated the number of TopScreen respondents as 2500
respondents.

Annual Burden Hours
As a result of the revised estimated
time per respondent the annual burden
hours for the Top-Screen is [11.25 hours
× 2,500 respondents × 1.5 responses per
respondent], which equals 42,187.50
hours. The annual burden hours to
submit supporting documentation is 312
hours [0.25 hours × 1,250 respondents ×
one response per respondent].
Therefore, the Department estimates
that the total annual burden hours for
the Top-Screen is 42,499.5 hours
[42,187.5 hours + 312 hours]. The
rounded estimate is 42,500 hours.

Estimated Time per Respondent
By using the data collected between
January 2009 and December 2011, the
Department was able to measure the
duration a user, on behalf of a facility,
was logged into the Top-Screen
application. The Department
determined that 98 percent of users who
submitted Top-Screens were logged into

Total Burden Cost (Capital/Startup)
The Department provides access to
CSAT free of charge, and the
Department assumes that each
respondent already has access to the
internet for basic business needs.
Therefore, for the purposes of this
notice, the Department estimates that
there are no capital/startup costs.

The Department’s Methodology in
Estimating the Burden for the TopScreen

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the Top-Screen application for no more
than 2.25 hours. Based upon the
Department’s interactions with
regulated chemical facilities, the
Department assumed in the 60-day
notice that for every hour a facility is
logged into CSAT, it spends an average
of two hours in preparation. This
resulted in an estimated time per
respondent to submit a Top-Screen of
6.75 hours.
The Department received a comment
suggesting that the estimated time per
response for this instrument should be
25 hours rather than the 6.75 hours
estimated by the Department in the 60day notice. As a result of the comment,
and its ongoing interactions with
regulated chemical facilities, the
Department has revised its estimated
time per response for this instrument.
The Department will assume in this 30day notice that a respondent spends an
average of four hours in preparation
outside of CSAT for every hour logged
into CSAT. This results in an estimated
time per respondent to submit a TopScreen of 11.25 hours.
To account for the anticipated
resubmission by facilities, the
Department will continue to estimate
that 50 percent of the respondents will
submit two Top-Screens.
The Department will also continue to
estimate that it will collect supporting
documentation from approximately half
of the respondents. Based upon the
Department’s day-to-day informal
discussions with regulated chemical
facilities, the Department believes that a
reasonable burden for the gathering and
provision of supporting documentation
is 0.25 hours.

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Total Recordkeeping Burden
A chemical facility that has submitted
a Top-Screen may or may not be
determined by the Department to
present a high level of security risk.
Only covered facilities that present a
high level of security risk are required
to keep records mandated by CFATS.
For chemical facilities that ultimately
are determined not to present a high
level of security risk, the Department
estimates any CFATS recordkeeping
burden to be de minimis.
For chemical facilities that are
determined to present a high level of
security risk, the Top-Screen
recordkeeping burden is accounted for
within the recordkeeping burden
estimate for the ‘‘Site Security Plan
(SSP) and Alternative Security Program
(ASP) submitted in lieu of the Site
Security Plan,’’ discussed later in this
notice. The recordkeeping burden
estimate for the ‘‘Site Security Plan
(SSP) and Alternative Security Program
(ASP) submitted in lieu of the Site
Security Plan’’ accounts for all records
high-risk chemical facilities are required
to maintain under CFATS because the
Department assumes that high-risk
chemical facilities maintain their TopScreen records and any other required
records in the same manners, formats,
and locations as they maintain their
SSP/ASP records.
Total Annual Burden Cost (Operating/
Maintaining)
The 2007 CFATS Regulatory
Evaluation assumes that Site Security
Officers are responsible for submitting
Top-Screens. For the purpose of this
notice, the Department maintains this
assumption.
Therefore, to estimate the total annual
burden, the Department multiplied the
annual burden of 42,499.5 hours by the
wage rate of Site Security Officers and
adjusted for the actual and estimated
Employment Cost Index (ECI) published
by the Bureau of Labor Statistics (BLS).
For the purpose of this notice, the
Department adjusted the wage rate of
Site Security Officers from $80.00 per
hour to $86.00 per hour. Therefore, the
total annual burden cost for the TopScreen is $3,654,957 [42,499.5 total
annual burden hours × $86 per hour].
The rounded estimate is $3,655,000.

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The Department’s Methodology in
Estimating the Burden for the Security
Vulnerability Assessment (SVA) &
Alternative Security Program (ASP)
Submitted in Lieu of the Security
Vulnerability Assessment

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Number of Respondents
This 30-day notice relies on the
analysis and resulting burden estimate
in the 60-day notice for this instrument,
which estimated the number of SVA/
ASP respondents as 740 respondents.
Estimated Time per Respondent
By using the data collected between
January 2009 and December 2011, the
Department was able to measure the
duration a user, on behalf of a facility,
was logged into the SVA/ASP
application. The Department
determined that 98 percent of users who
submitted SVAs were logged into the
SVA/ASP application for no more than
13 hours. Based upon the Department’s
interactions with regulated chemical
facilities, the Department assumed in
the 60-day notice that for every hour a
facility is logged into CSAT, it spends
an average of two hours in preparation.
This resulted in an estimated time per
respondent to submit an SVA/ASP of 39
hours.
The Department received a comment
suggesting that the estimated time per
response for this instrument should be
60 hours rather than the 39 hours
estimated by the Department in the 60day notice. As a result of the comment,
and its ongoing interactions with
regulated chemical facilities, the
Department has revised its estimated
time per response for this instrument.
The Department will assume in this 30day notice that a respondent spends an
average of four hours in preparation
outside of CSAT for every hour logged
into CSAT. This results in an estimated
time per respondent to submit a TopScreen of 65 hours.
To account for the anticipated
resubmission by facilities, the
Department will continue to estimate
that 50 percent of the respondents will
submit an additional SVA/ASP.
The Department will also continue to
estimate that it will collect supporting
documentation from approximately half
of the respondents. Based upon the
Department’s day-to-day informal
discussions with regulated chemical
facilities, the Department believes that a
reasonable burden for gathering and
provision of supporting documentation
is 0.25 hours per facility.
Annual Burden Hours
The annual burden hours for the
SVA/ASP is 72,150 hours [740

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respondents × 65 hours × 1.5 response
per respondent].
The annual burden estimate to obtain
supporting documentation is 92.5 hours
[0.25 hours × 370 respondents x one
response per respondent].
Therefore, the Department estimates
that the total annual burden in hours for
the SVA/ASP is 72,242.5 hours [72,150
hours + 92.5 hours]. The rounded
estimate is 72,200 hours.
Total Burden Cost (Capital/Startup)
The Department provides access to
CSAT free of charge, and the
Department assumes that each
respondent already has access to the
internet for basic business needs.
Therefore, for the purposes of this
notice, the Department estimates that
there are no capital/startup costs.
Total Recordkeeping Burden
A chemical facility that has submitted
an SVA/ASP may or may not be
determined by the Department to
present a high level of security risk.
Only covered facilities that present a
high level of security risk have a
recordkeeping requirement.
For chemical facilities that ultimately
are determined not to present a high
level of security risk, the Department
estimates any CFATS recordkeeping
burden to be de minimis.
For chemical facilities that are
determined to present a high level of
security risk, the SVA recordkeeping
burden is accounted for within the
recordkeeping burden estimate for the
‘‘Site Security Plan (SSP) and
Alternative Security Program (ASP)
submitted in lieu of the Site Security
Plan,’’ discussed later in this notice. The
recordkeeping burden estimate for the
‘‘Site Security Plan (SSP) and
Alternative Security Program (ASP)
submitted in lieu of the Site Security
Plan’’ accounts for all records high-risk
chemical facilities are required to
maintain under CFATS because the
Department assumes that high-risk
chemical facilities maintain their TopScreen records and any other required
records in the same manners, formats,
and locations as they maintain their
SSP/ASP records.
Total Annual Burden Cost (Operating/
Maintaining)
The 2007 CFATS Regulatory
Evaluation assumes that Site Security
Officers will be responsible for
submitting SVA/ASPs. For the purpose
of this notice, the Department maintains
this assumption.
The total annual burden cost for the
SVA/ASP is $6,212,855 [72,242.5 total
annual burden hours × $86 (average

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hourly wage rate for Site Security
Officers)]. The rounded estimate is
$6,212,900.
The Department’s Methodology in
Estimating the Burden for Site Security
Plan (SSP) and Alternative Security
Program (ASP) Submitted in Lieu of the
Site Security Plan
Number of Respondents
This 30-day notice relies on the
analysis and resulting burden estimate
in the 60-day notice for this instrument
which estimated the number of SSP/
ASP respondents is 486 respondents.
Estimated Time per Respondent
By using the data collected between
January 2009 and December 2011, the
Department was able to measure the
duration a user, on behalf of a facility,
was logged into the SSP/ASP
application. The Department
determined that 98 percent of users who
submitted SSPs were logged into the
SSP/ASP application for no more than
45 hours. Based upon the Department’s
interactions with regulated chemical
facilities, the Department assumed in
the 60-day notice that for every hour a
facility is logged into CSAT, it spends
an average of 4.5 hours in preparation.
This resulted in an estimated time per
respondent to submit an SSP/ASP as
200 hours.
The Department received a comment
suggesting that the estimated time per
response for this instrument should be
225 hours rather than the 200 hours
estimated by the Department in the 60day notice. As a result of the comment,
and its ongoing interactions with
regulated chemical facilities, the
Department has revised its estimated
time per response for this instrument.
The Department will assume in this 30day notice that a respondent spends an
average of four hours in preparation
outside of CSAT for every hour logged
into CSAT. This results in an estimated
time per respondent to submit an SSP/
ASP as 225 hours.
To account for anticipated
resubmissions by facilities, the
Department will continue to estimate
that 50 percent of the respondents will
submit an additional SSP/ASP.
The Department will also continue to
estimate that it will collect supporting
documentation from approximately half
of the respondents. Based upon the
Department’s day-to-day informal
discussions with regulated chemical
facilities, the Department believes that a
reasonable burden for the gathering and
provision of supporting documentation
is 0.25 hours per facility.

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Federal Register / Vol. 78, No. 52 / Monday, March 18, 2013 / Notices
Annual Burden Hours
The annual burden hours for SSP/
ASP submission is 164,025 hours [225
hours × 486 SSP/ASP respondents × 1.5
response per respondent].
The annual burden hours for
obtaining supporting documentation is
60.75 hours [0.25 hours × (0.5 × 486
SSP/ASP respondents) × (one response
per respondent)].
Therefore, the Department estimates
that the total annual burden hours for
SSP/ASP submission is 164,085.75
hours [164,025 hours + 60.75 hours].
The rounded estimate is 164,100 hours.

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Total Burden Cost (Capital/Startup)
The Department provides access to
CSAT free of charge, and the
Department assumes each respondent
already has access to the internet for
basic business needs. Therefore, for the
purposes of this notice, the Department
estimates that there are no capital/
startup costs.
Total Recordkeeping Burden
The Department received a comment
that correctly identified a calculation
error in the 60-day notice. Specifically,
although the Department estimated the
average annual cost for paper-based
recordkeeping to be $336 (which is the
correct estimate), in later calculations,
the value of $366 was used.
The Department received a comment
that suggested that the Department did
not properly acknowledge in its
estimates that the data collection
process requires cooperation and input
from a variety of individuals with wage
rates greater than adjusted wage rate of
clerical staff (i.e., $43) estimated in the
ECI published by the BLS. The
Department agrees with the commenter.
In fact in the 60-day notice when
estimating the total annual cost for the
Top-Screen, SVA/ASP, and the SSP/
ASP instruments the Department used
the adjusted wage rate for Site Security
Officers (i.e., $86) estimated in the ECI
published by the BLS. In the 60-day
notice, the wage rate for clerical staff
was used solely to estimate
recordkeeping costs. The Department
believes this is reasonable and as a
result did not revise its wage rates.
Therefore, the Department has revised
its estimate of the annual recordkeeping
burden to be $1,191,405.70 [($336 +
$2,064) × (0.95 × 486 SSP/ASP
respondents) + [($333 + $3,096) × (0.05
× 486 SSP/ASP respondents)]. The
rounded estimate is $1,191,400.
Total Annual Burden Cost (Operating/
Maintaining)
The Department received a comment
that correctly identified a second

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calculation error in the 60-day notice.4
Specifically, the comment pointed out
that although the Department estimated
the estimated time per respondent, a
different value was used in later
calculations to estimate the total annual
burden cost. The Department has
corrected the error in this notice.
Therefore, the revised total annual
burden cost for the SSP/ASP is
$15,302,780.20 [164,085.75 hours
multiplied by $86 (average hourly wage
rate for Site Security Officers) +
$1,191,405.70 (total annual
recordkeeping burden)]. The rounded
estimate is $15,302,800.
The Department’s Methodology in
Estimating the Burden for the Helpdesk
This 30-day notice relies on the
analysis and resulting burden estimates
in the 60-day notice for this instrument.
The Department’s Methodology in
Estimating the Burden for the User
Registration
This 30-day notice relies on the
analysis and resulting burden estimates
in the 60-day notice for this instrument.
The Department’s Methodology in
Estimating the Burden for the Request
for Information To Improve Program
This 30-day notice relies on the
analysis and resulting burden estimates
in the 60-day notice for this instrument.
Analysis
Agency: Department of Homeland
Security, National Protection and
Programs Directorate, Office of
Infrastructure Protection, Infrastructure
Security Compliance Division.
Title: Chemical Security Assessment
Tool (CSAT).
OMB Number: 1670–0007.
Instrument: CSAT Top-Screen.
Frequency: ‘‘On occasion’’ and
‘‘Other’’.
Affected Public: Business or other forprofit.
Number of Respondents: 2,500
respondents (estimate).
Estimated Time per Respondent:
11.25 hours.
Total Burden Hours: 42,500 hours.
Total Burden Cost (capital/startup):
$0.
Total Recordkeeping Burden: $0.
Total Burden Cost (operating/
maintaining): $3,655,000.
4 In the 60-day notice the Department estimated
the total burden hours to submit an SSP/ASP to be
148,860.75 hours but then incorrectly used a
different value when estimating the total annual
cost. In this notice the total burden hours to submit
an SSP/ASP was revised to be 164,100 hours. The
revised total burden hours value of 164,100 is then
subsequently used when estimating the total annual
cost in this 30-day notice.

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Instrument: Security Vulnerability
Assessment and Alternative Security
Program Submitted in Lieu of the
Security Vulnerability Assessment.
Frequency: ‘‘On occasion’’ and
‘‘Other’’.
Affected Public: Business or other forprofit.
Number of Respondents: 740
respondents (estimate).
Estimated Time per Respondent: 65
hours.
Total Burden Hours: 472,200 hours.
Total Burden Cost (capital/startup):
$0.
Total Recordkeeping Burden: $0.
Total Burden Cost (operating/
maintaining): $6,212,900.
Instrument: Site Security Plan and
Alternative Security Program Submitted
in Lieu of the Site Security Plan.
Frequency: ‘‘On occasion’’ and
‘‘Other’’.
Affected Public: Business or other forprofit.
Number of Respondents: 486
respondents (estimate).
Estimated Time per Respondent: 225
hours.
Total Burden Hours: 164,100 hours.
Total Burden Cost (capital/startup):
$0.
Total Recordkeeping Burden:
$1,191,400.
Total Burden Cost (operating/
maintaining): $15,302,800.
Instrument: Chemical Facility AntiTerrorism Standards (CFATS) Helpdesk.
Frequency: ‘‘On occasion’’ and
‘‘Other’’.
Affected Public: Business or other forprofit.
Number of Respondents: 15,000
respondents (estimate).
Estimated Time per Respondent: 0.17
hours.
Total Burden Hours: 2,250 annual
burden hours.
Total Burden Cost (capital/startup):
$0.
Total Recordkeeping Burden: $0.
Total Burden Cost (operating/
maintaining): $219,300.
Instrument: Chemical Security
Assessment Tool (CSAT) User
Registration.
Frequency: ‘‘On occasion’’ and
‘‘Other’’.
Affected Public: Business or other forprofit.
Number of Respondents: 625
respondents (estimate).
Estimated Time per Respondent: Two
hours.
Total Burden Hours: 1,250 hours.
Total Burden Cost (capital/startup):
$0.
Total Recordkeeping Burden: $0.
Total Burden Cost (operating/
maintaining): $107,500.

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Instrument: Request for Information to
Improve Program.
Frequency: ‘‘On occasion’’ and
‘‘Other’’.
Affected Public: Business or other forprofit.
Number of Respondents: 329
respondents (estimate).
Estimated Time per Respondent: One
hour.
Total Burden Hours: 122 hours.
Total Burden Cost (capital/startup):
$0.
Total Recordkeeping Burden: $0.
Total Burden Cost (operating/
maintaining): $10,500.
Dated: March 11, 2013.
Michael Butcher,
Acting Chief Information Officer, National
Protection and Programs Directorate,
Department of Homeland Security.
[FR Doc. 2013–06095 Filed 3–15–13; 8:45 am]
BILLING CODE 9110–9P–P

DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2012–0057]

Chemical Facility Anti-Terrorism
Standards (CFATS) ChemicalTerrorism Vulnerability Information
(CVI)
National Protection and
Programs Directorate, DHS.
ACTION: 30-day notice and request for
comments; Extension of Information
Collection Request: 1670–0015.
AGENCY:

The Department of Homeland
Security (DHS), National Protection and
Programs Directorate (NPPD), Office of
Infrastructure Protection (IP),
Infrastructure Security Compliance
Division (ISCD) will submit the
following Information Collection
Request (ICR) to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995 (Pub. L. 104–13, 44 U.S.C. Chapter
35). The Department previously
published this ICR in the Federal
Register on December 17, 2012, for a 60day public comment period.1 In this
notice, NPPD is responding to one
relevant comment that was responsive
to different notice, also published in the
Federal Register on December 17, 2012
that solicited comments on a related
Information Collection Request.2 This

pmangrum on DSK3VPTVN1PROD with NOTICES

SUMMARY:

1 See 77 FR 74685. The 60-day Federal Register
notice for IC 1670–0015 which solicited comments
for 60 days may be found at https://
federalregister.gov/a/2012-30316.
2 The comment was submitted under docket #
DHS–2012–0059 and provided comment not only

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15:16 Mar 15, 2013

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notice is also soliciting comments
concerning the Information Collection
Request, Chemical Facility AntiTerrorism Standards (CFATS) Chemicalterrorism Vulnerability Information
(CVI) for an additional 30 days for
public comments.
DATES: Comments are encouraged and
will be accepted until April 17, 2013.
This process is conducted in accordance
with 5 CFR 1320.10.
ADDRESSES: Interested persons are
invited to submit written comments on
the proposed information collection to
the Office of Information and Regulatory
Affairs, OMB. Comments should be
addressed to OMB Desk Officer,
Department of Homeland Security,
National Protection and Programs
Directorate. Comments must be
identified by docket number DHS–
2012–0057 and may be submitted by
one of the following methods:
Æ Federal eRulemaking Portal:
http://www.regulations.gov.
Æ Email:
[email protected]. Include
the docket number in the subject line of
the message.
Æ Fax: (202) 395–5806.
Instructions: All submissions received
must include the words ‘‘Department of
Homeland Security’’ and the docket
number for this action. Comments
received will be posted without
alteration at http://www.regulations.gov,
including any personal information
provided. Comments that include trade
secrets, confidential commercial or
financial information, CVI, Sensitive
Security Information (SSI), or Protected
Critical Infrastructure Information (PCII)
should not be submitted to the public
regulatory docket. Please submit such
comments separately from other
comments in response to this notice.
Comments containing trade secrets,
confidential commercial or financial
information, CVI, SSI, or PCII should be
appropriately marked and submitted by
mail to the Office of Information and
Regulatory Affairs, OMB. Comments
should be addressed to OMB Desk
Officer, Department of Homeland
Security, National Protection and
Programs Directorate. Comments must
be identified by docket number DHS–
2012–0057.
OMB is particularly interested in
comments that:
1. Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
on this information collection request (i.e., 1670–
0015), but also on ICR 1670–0007 and ICR 1670–
0014. The comment may be viewed at http://
www.regulations.gov/#!documentDetail;D=DHS2012-0059-0002.

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functions of the agency, including
whether the information will have
practical utility;
2. Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
3. Enhance the quality, utility, and
clarity of the information to be
collected; and
4. Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
FOR FURTHER INFORMATION CONTACT:
CFATS Program Manager, DHS/NPPD/
IP/ISCD, [email protected].
SUPPLEMENTARY INFORMATION: Section
550 of the Homeland Security
Appropriations Act of 2007, Public Law
109–295, provides DHS with the
authority to regulate the security of
high-risk chemical facilities. On April 9,
2007, the Department issued an Interim
Final Rule (IFR), implementing this
statutory mandate at 72 FR 17688.
Section 550 of the Homeland Security
Appropriations Act of 2007 requires a
risk-based approach to security.
CFATS is the Department’s
regulations under Section 550 governing
security at high-risk chemical facilities.
See 6 CFR part 27. CFATS represents a
national-level effort to minimize
terrorism risk to such facilities. Its
design and implementation balance
maintaining economic vitality with
securing facilities and their surrounding
communities. In collaboration with the
private sector and other stakeholders,
the Department designed the regulations
to take advantage of protective measures
already in place and to allow facilities
to employ a wide range of tailored
measures to satisfy the regulations’ RiskBased Performance Standards.
In 6 CFR 27.400, CFATS also
establishes the requirements that
covered persons must follow to
safeguard certain documents and other
information developed under the
regulations. This information is
identified as ‘‘Chemical-terrorism
Vulnerability Information’’ (CVI) and by
law receives protection from public
disclosure and misuse. The instruments
within this collection will be used to
manage the CVI program in support of
CFATS.
Response to Comment Submitted
During 60-Day Comment Period: The
Department received a comment

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