Request for Redetermination

CFATS Knowledge Center
FAQ Number: 1557
Date Published: March 26, 2010
Last Updated: May 02, 2017
Question: What should a facility do if it believes the risk-based tier determination that DHS has assigned it no longer
reflects the actual security risk posed to the facility?
Answer: Section 27.120(d) of the CFATS Rule, href="https://www.gpo.gov/fdsys/pkg/CFR-2016-title6-vol1/pdf/
CFR-2016-title6-vol1-sec27-120.pdf, allows a covered chemical facility that has modified the facility, its processes or
quantities of materials it possesses, and that believes those modifications could affect its obligations under CFATS, to
request a consultation under § 27.120(c). Consultations or technical discussions under § 27.120 can be relatively
informal, but should be requested in writing to:
Amy Graydon , Acting Director, Infrastructure Security Compliance Division, Office of Infrastructure Protection, MS
0610, Department of Homeland Security, Washington, DC 20528.
In addition, under § 27.205(b), https://www.gpo.gov/fdsys/pkg/CFR-2016-title6-vol1/pdf/
CFR-2016-title6-vol1-sec27-205.pdf, a covered chemical facility that has materially altered its operations may file a
Request for Redetermination and may request a meeting regarding that request. Section 27.205(b) requires DHS to
notify the facility of the results of the Redetermination request within 45 days of the request or within 45 days of the
meeting.
Three methods are available for a covered chemical facility to submit a Request for Redetermination:
(1) A request may be emailed to: CSAT Help Desk at [email protected], ATTN: Request for Redetermination
(2) A request may be submitted in writing to: Assistant Secretary for Infrastructure Protection (ASIP), c/o Amy
Graydon, Acting Director, Infrastructure Security Compliance Division, (same address as above).
(3) A request may be faxed to 866-731-2728, ATTN: Amy Graydon, Acting Director, Infrastructure Security
Compliance Division, (same address as above).
Include the facility ID number assigned to the facility by the Chemical Security Assessment Tool (CSAT) to assist
DHS in processing requests for consultation with the Coordinating Official and Requests for Redetermination by the
ASIP. Such requests, especially Requests for Redetermination, should also include any relevant factual information or
supporting documentation that you believe would explain or support the request. If any Chemical-terrorism
Vulnerability Information (CVI), such as a change to the chemicals of interest (COIs) possessed by your facility, is
included with your request, please ensure that the request is marked, packaged, and sent in accordance with the
CFATS regulations for protection of CVI (see 6 CFR§27.400, https://www.gpo.gov/fdsys/pkg/CFR-2016-title6-vol1/
pdf/CFR-2016-title6-vol1-sec27-400.pdf). A copy of the CFATS regulation, including the CVI requirements in 6 CFR
§ 27.400, is available at http://www.dhs.gov/chemicalsecurity.
Please note that requests for consultation or technical assistance under § 27.120 (d) and Requests for Redetermination
under § 27.205(b) do not stay or extend any deadlines under the Rule applicable to your facility. If you wish to request
an extension of any applicable deadline, you should submit such a request in writing, with any supporting explanation
or justification, to: Assistant Secretary for Infrastructure Protection, c/o Amy Graydon, Acting Director, Infrastructure
Security Compliance Division, (same address as above).
If you have any questions regarding CFATS issues, please contact the DHS CSAT Help Desk at 866-323-2957.

FAQ Number: 1660
Date Published: January 26, 2010
Question: Can a facility’s tiering level ever change? How and why?

Last Updated: October 25, 2017

Answer: Yes. A facility’s tier can change based on a revised Top-Screen submitted to DHS.
For example, a tier determination may change if:
1. Facility operations change significantly. This could include, for example, the removal or addition of chemical(s) of
interest (COI), changes in operations or processes, and/or changes in threats or vulnerabilities. Such changes typically
would be site-specific and will be reviewed on a case-by-case basis. When a facility makes a material modification to
its operations or site, it must submit a revised Top-Screen within 60 days of the material modification. Following the
submission of the revised Top-Screen, DHS may require the facility to submit supporting documentation, as well as a
revised SVA/SSP, if needed.
2. Resubmission of a Top-Screen reveals changes in threat, vulnerability, or consequence. Facilities with approved
SVA/SSPs are required to resubmit Top-Screens every two years for Tier 1 and 2 facilities and every three years for
Tier 3 and 4 facilities.
3. In rare cases, DHS considers new information about a site, chemical, threat, or process that warrants revising an
existing facility’s tier up or down. DHS will provide appropriate notification to the facility of the reasons justifying a
change in the facility's existing tier.
Please refer to CFATS Tiering Methodology Fact Sheet for more information found at https://www.dhs.gov/
publication/cfats-tiering-methodology-fact-sheet