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pdf§ 27.405
6 CFR Ch. I (1–1–12 Edition)
(ii) Exception. Section 27.400(k)(2)
does not require a State or local government agency to destroy information
that the agency is required to preserve
under State or local law.
§ 27.405 Review and preemption
State laws and regulations.
of
(a) As per current law, no law, regulation, or administrative action of a
State or political subdivision thereof,
or any decision or order rendered by a
court under state law, shall have any
effect if such law, regulation, or decision conflicts with, hinders, poses an
obstacle to or frustrates the purposes
of this regulation or of any approval,
disapproval or order issued there
under.
(1) Nothing in this part is intended to
displace other federal requirements administered by the Environmental Protection Agency, U.S. Department of
Justice, U.S. Department of Labor,
U.S. Department of Transportation, or
other federal agencies.
(2) [Reserved]
(b) State law, regulation or administrative action defined. For purposes of
this section, the phrase ‘‘State law,
regulation or administrative action’’
means any enacted law, promulgated
regulation, ordinance, administrative
action, order or decision, or common
law standard of a State or any of its
political subdivisions.
(c) Submission for review. Any chemical facility covered by these regulations and any State may petition the
Department by submitting a copy of a
State law, regulation, or administrative action, or decision or order of a
court for review under this section.
(d) Review and opinion—(1) Review.
The Department may review State
laws, administrative actions, or opinions or orders of a court under State
law and regulations submitted under
this section, and may offer an opinion
whether the application or enforcement of the State law or regulation
would conflict with, hinder, pose an obstacle to or frustrate the purposes of
this Part.
(2) Opinion. The Department may
issue a written opinion on any question
regarding preemption. If the question
was submitted under subsection (c) of
this part, the Assistant Secretary will
notify the affected chemical facility
and the Attorney General of the subject State of any opinion under this
section.
(3) Consultation with States. In conducting a review under this section,
the Department will seek the views of
the State or local jurisdiction whose
laws may be affected by the Department’s review.
§ 27.410
Third party actions.
(a) Nothing in this part shall confer
upon any person except the Secretary a
right of action, in law or equity, for
any remedy including, but not limited
to, injunctions or damages to enforce
any provision of this Part.
(b) An owner or operator of a chemical facility may petition the Assistant
Secretary to provide the Department’s
view in any litigation involving any
issues or matters regarding this Part.
APPENDIX A TO PART 27—DHS
CHEMICALS OF INTEREST
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Office of the Secretary, DHS
§ 29.2
[72 FR 65420, Nov. 20, 2007]
AUTHORITY: Pub. L. 107–296, 116 Stat. 2135 (6
U.S.C. 1 et seq.); 5 U.S.C. 301.
information with State and local governments pursuant to section 214(a)
through (g) of the HSA.
(4) The issuance of advisories, notices
and warnings related to the protection
of critical infrastructure or protected
systems in such a manner as to protect
from unauthorized disclosure the
source of critical infrastructure information that forms the basis of the
warning, and any information that is
proprietary or business sensitive,
might be used to identify the submitting person or entity, or is otherwise
not appropriately in the public domain.
(b) Scope. The regulations in this part
apply to all persons and entities that
are authorized to handle, use, or store
PCII or that otherwise accept receipt
of PCII.
SOURCE: 71 FR 52271, Sept. 1, 2006, unless
otherwise noted.
§ 29.2
PART 29—PROTECTED CRITICAL
INFRASTRUCTURE INFORMATION
Sec.
29.1 Purpose and scope.
29.2 Definitions.
29.3 Effect of provisions.
29.4 Protected Critical Infrastructure Information Program administration.
29.5 Requirements for protection.
29.6 Acknowledgment of receipt, validation,
and marking.
29.7 Safeguarding of Protected Critical Infrastructure Information.
29.8 Disclosure of Protected Critical Infrastructure Information.
29.9 Investigation and reporting of violation
of PCII procedures.
§ 29.1 Purpose and scope.
(a) Purpose of this Part. This part implements sections 211 through 215 of
the Homeland Security Act of 2002
(HSA) through the establishment of
uniform procedures for the receipt,
care, and storage of Critical Infrastructure Information (CII) voluntarily submitted to the Department of Homeland
Security (DHS). Title II, Subtitle B, of
the Homeland Security Act is referred
to herein as the Critical Infrastructure
Information Act of 2002 (CII Act). Consistent with the statutory mission of
DHS to prevent terrorist attacks within the United States and reduce the
vulnerability of the United States to
terrorism, DHS will encourage the voluntary submission of CII by safeguarding and protecting that information from unauthorized disclosure and
by ensuring that such information is,
as necessary, securely shared with
State and local government pursuant
to section 214(a) through (g) of the CII
Act. As required by the CII Act, these
rules establish procedures regarding:
(1) The acknowledgement of receipt
by DHS of voluntarily submitted CII;
(2) The receipt, validation, handling,
storage, proper marking and use of information as PCII;
(3) The safeguarding and maintenance of the confidentiality of such information, appropriate sharing of such
Definitions.
For purposes of this part:
(a) Critical Infrastructure has the
meaning stated in section 2 of the
Homeland Security Act of 2002 (referencing the term used in section
1016(e) of Public Law 107–56 (42 U.S.C.
5195c(e)).
(b) Critical Infrastructure Information,
or CII, has the same meaning as established in section 212 of the CII Act of
2002 and means information not customarily in the public domain and related to the security of critical infrastructure or protected systems, including documents, records or other information concerning:
(1) Actual, potential, or threatened
interference with, attack on, compromise of, or incapacitation of critical
infrastructure or protected systems by
either physical or computer-based attack or other similar conduct (including the misuse of or unauthorized access to all types of communications
and data transmission systems) that
violates Federal, State, local, or tribal
law, harms interstate commerce of the
United States, or threatens public
health or safety;
(2) The ability of any critical infrastructure or protected system to resist
such interference, compromise, or incapacitation, including any planned or
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| File Type | application/pdf |
| File Modified | 2012-02-15 |
| File Created | 2012-02-15 |