[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 ([email protected]) 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]
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