30 Day FRN

30 Day FRN for CSAT DHS-2015-0058-0004.pdf

Chemical Security Assessment Tool (CSAT)

30 Day FRN

OMB: 1670-0007

Document [pdf]
Download: pdf | pdf
Federal Register / Vol. 81, No. 71 / Wednesday, April 13, 2016 / Notices
20892, 301–435–0813, Sailaja.koduri@
nih.gov.
(Catalogue of Federal Domestic Assistance
Program Nos. 93.859, Pharmacology,
Physiology, and Biological Chemistry
Research; 93.350, B—Cooperative
Agreements; 93.859, Biomedical Research
and Research Training, National Institutes of
Health, HHS)
Dated: April 6, 2016.
David Clary,
Program Analyst, Office of Federal Advisory
Committee Policy.
[FR Doc. 2016–08434 Filed 4–12–16; 8:45 am]
BILLING CODE 4140–01–P

DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
National Institute of Diabetes and
Digestive and Kidney Diseases; Notice
of Meetings

asabaliauskas on DSK3SPTVN1PROD with NOTICES

Pursuant to section 10(d) of the
Federal Advisory Committee Act, as
amended (5 U.S.C. App.), notice is
hereby given of meetings of the National
Diabetes and Digestive and Kidney
Diseases Advisory Council.
The meetings will be open to the
public as indicated below, with
attendance limited to space available.
Individuals who plan to attend and
need special assistance, such as sign
language interpretation or other
reasonable accommodations, should
notify the Contact Person listed below
in advance of the meeting.
The meetings will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
as amended. The grant applications and
the discussions could disclose
confidential trade secrets or commercial
property such as patentable material,
and personal information concerning
individuals associated with the grant
applications, the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy.
Name of Committee: National Diabetes and
Digestive and Kidney Diseases Advisory
Council.
Date: May 18, 2016.
Open: 8:30 a.m. to 12:00 p.m.
Agenda: To present the Director’s Report
and other scientific presentations.
Place: National Institutes of Health,
Building 31, C Wing 6th Floor, Conference
Center, Room 10, 31 Center Drive, Bethesda,
MD 20892.
Closed: 4:15 p.m. to 4:30 p.m.
Agenda: To review and evaluate grant
applications.
Place: National Institutes of Health,
Building 31, C Wing 6th Floor, Conference

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Center, Room 10, 31 Center Drive, Bethesda,
MD 20892.
Contact Person: Brent B. Stanfield, Ph.D.,
Director, Division of Extramural Activities,
National Institutes of Diabetes and Digestive
and Kidney Diseases, 6707 Democracy Blvd.,
Room 7323, MSC 5452, Bethesda, MD 20892,
(301) 594–8843, stanfibr@niddk.nih.gov.
Name of Committee: National Diabetes and
Digestive and Kidney Diseases Advisory
Council Diabetes, Endocrinology and
Metabolic Diseases Subcommittee.
Date: May 18, 2016.
Closed: 1:00 p.m. to 2:00 p.m.
Agenda: To review and evaluate grant
applications.
Place: National Institutes of Health,
Building 31, C Wing 6th Floor, Conference
Center, Room 10, 31 Center Drive, Bethesda,
MD 20892.
Open: 2:00 p.m. to 4:00 p.m.
Agenda: To review the Division’s scientific
and planning activities.
Place: National Institutes of Health,
Building 31, C Wing, Conference Room 10,
31 Center Drive, Bethesda, MD 20892.
Contact Person: Brent B. Stanfield, Ph.D.,
Director, Division of Extramural Activities,
National Institutes of Diabetes and Digestive
and Kidney Diseases, 6707 Democracy Blvd.,
Room 7323, MSC 5452, Bethesda, MD 20892,
(301) 594–8843, stanfibr@niddk.nih.gov.
Name of Committee: National Diabetes and
Digestive and Kidney Diseases Advisory
Council, Kidney, Urologic and Hematologic
Diseases Subcommittee.
Date: May 18, 2016.
Open: 1:00 p.m. to 2:30 p.m.
Agenda: To review the Division’s scientific
and planning activities.
Place: National Institutes of Health,
Building 31, C Wing 6th Floor, Conference
Center, Room 7, 31 Center Drive, Bethesda,
MD 20892.
Closed: 2:30 p.m. to 4:00 p.m.
Agenda: To review and evaluate grant
applications.
Place: National Institutes of Health,
Building 31, C Wing 6th Floor, Conference
Center, Room 7, 31 Center Drive, Bethesda,
MD 20892.
Contact Person: Brent B. Stanfield, Ph.D.,
Director, Division of Extramural Activities,
National Institutes of Diabetes and Digestive
and Kidney Diseases, 6707 Democracy Blvd.,
Room 7323, MSC 5452, Bethesda, MD 20892,
(301) 594–8843, stanfibr@niddk.nih.gov.
Name of Committee: National Diabetes and
Digestive and Kidney Diseases Advisory
Council, Digestive Diseases and Nutrition
Subcommittee.
Date: May 18, 2016.
Open: 1:00 p.m. to 2:30 p.m.
Agenda: To review the Division’s scientific
and planning activities.
Place: National Institutes of Health,
Building 31, C Wing 6th Floor, Conference
Center, Room 6, 31 Center Drive, Bethesda,
MD 20892.
Closed: 2:30 p.m. to 4:00 p.m.
Agenda: To review and evaluate grant
applications.
Place: National Institutes of Health,
Building 31, C Wing 6th Floor, Conference
Center, Room 6, 31 Center Drive, Bethesda,
MD 20892.

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Contact Person: Brent B. Stanfield, Ph.D.,
Director, Division of Extramural Activities,
National Institutes of Diabetes and Digestive
and Kidney Diseases, 6707 Democracy Blvd.,
Room 7323, MSC 5452, Bethesda, MD 20892,
(301) 594–8843, stanfibr@niddk.nih.gov.
Any interested person may file written
comments with the committee by forwarding
the statement to the Contact Person listed on
this notice. The statement should include the
name, address, telephone number and when
applicable, the business or professional
affiliation of the interested person.
In the interest of security, NIH has
instituted stringent procedures for entrance
onto the NIH campus. All visitor vehicles,
including taxicabs, hotel, and airport shuttles
will be inspected before being allowed on
campus. Visitors will be asked to show one
form of identification (for example, a
government-issued photo ID, driver’s license,
or passport) and to state the purpose of their
visit.
Information is also available on the
Institute’s/Center’s home page:
www.niddk.nih.gov/fund/divisions/DEA/
Council/coundesc.htm., where an agenda and
any additional information for the meeting
will be posted when available.
(Catalogue of Federal Domestic Assistance
Program Nos. 93.847, Diabetes,
Endocrinology and Metabolic Research;
93.848, Digestive Diseases and Nutrition
Research; 93.849, Kidney Diseases, Urology
and Hematology Research, National Institutes
of Health, HHS)
Dated: April 7, 2016.
David Clary,
Program Analyst, Office of Federal Advisory
Committee Policy.
[FR Doc. 2016–08525 Filed 4–12–16; 8:45 am]
BILLING CODE 4140–01–P

DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2015–0058]

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 or the Department),
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

SUMMARY:

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Federal Register / Vol. 81, No. 71 / Wednesday, April 13, 2016 / Notices

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published this ICR, in the Federal
Register on November 18, 2015, for a
60-day public comment period.1
In this notice NPPD is: (1) Responding
to two commenters who submitted
comments in response to the 60-day
notice previously published for this ICR
and (2) inviting public comment
concerning this ICR for an additional 30
days.
DATES: Comments are encouraged and
will be accepted until May 13, 2016.
This process is conducted in accordance
with 5 CFR 1320.8.
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 the docket number DHS–
2015–0058 and may be submitted using
one of the following methods:
• Federal eRulemaking Portal: http://
www.regulations.gov.
• Email:
oira_submission@omb.eop.gov. Include
the docket number in the subject line of
the message.
• 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),2
Sensitive Security Information (SSI),3 or
Protected Critical Infrastructure
Information (PCII) 4 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
1 See 80 FR 72086. The 60-day Federal Register
notice for Information Collection 1670–0007, which
invited comments for 60 days, may be found at
https://www.federalregister.gov/articles/2015/11/
18/2015-29457/chemical-security-assessment-toolcsat.
2 For more information about CVI see 6 CFR
27.400 and the CVI Procedural Manual at http://
www.dhs.gov/xlibrary/assets/
chemsec_cvi_proceduresmanual.pdf.
3 For more information about SSI see 49 CFR part
1520 and the SSI Program Web page at http://
www.tsa.gov.
4 For more information about PCII see 6 CFR part
29 and the PCII Program Web page at http://
www.dhs.gov/protected-critical-infrastructureinformation-pcii-program.

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commercial or financial information,
CVI, SSI, or PCII should be
appropriately marked and packaged in
accordance with applicable
requirements 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 the docket number DHS–
2015–0058.
The Office of Management and Budget
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,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
FOR FURTHER INFORMATION CONTACT:
Chemical Facility Anti-Terrorism
Standards (CFATS) Program Manager,
DHS/NPPD/IP/ISCD,
CFATS@hq.dhs.gov.
SUPPLEMENTARY INFORMATION: Section
550 of the Homeland Security
Appropriations Act of 2007, Public Law
109–295 (2006), provided the
Department 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. In December
2014, the President signed into law the
Protecting and Securing Chemical
Facilities from Terrorist Attacks Act of
2014 (the CFATS Act of 2014), Public
Law 113–254, which authorized the
Chemical Facility Anti-Terrorism
Standards program in the Homeland
Security Act of 2002, as amended,
Public Law 107–296.5
5 Section 2 of the CFATS Act of 2014 adds a new
Title XXI to the Homeland Security Act of 2002.
Title XXI contains new secs. numbered 2101
through 2109. Citations to the Homeland Security
Act of 2002 throughout this document reference

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The CFATS regulations (available at 6
CFR part 27) govern the security at
covered chemical facilities that have
been determined by the Department to
be at high risk for terrorist attack. See 6
CFR part 27. The CFATS represent
national-level effort to minimize the
terrorism risk to such facilities. Its
design and implementation balance
maintaining economic vitality with
securing facilities and their surrounding
communities. The regulations were
designed 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’ Risk-Based Performance
Standards (RBPS).
The Department collects the core
regulatory data necessary to implement
CFATS through the portions of the
CSAT covered under this collection. For
more information about CFATS and
CSAT, you may access www.dhs.gov/
chemicalsecurity. The current
information collection for CSAT (IC
1670–0007) will expire on April 30,
2016.6
Responses To Comments Submitted
During 60-Day Comment Period
The Department invited comments on
four questions:
(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,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
In response to the 60-Day Notice that
solicited comments about the CSAT
ICR, the Department received 12
comments from 2 commenters. The 2
commenters were 1 private citizen and
1 industry association.
those secs. of Title XXI. Those secs. have been
codified in the U.S. Code at 6 U.S.C. 621–629.
6 The current information collection for CSAT
may be found at http://www.reginfo.gov/public/do/
PRAViewICR?ref_nbr=201303-1670-001.

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Federal Register / Vol. 81, No. 71 / Wednesday, April 13, 2016 / Notices
Comments Related to Whether the
Proposed Collection of Information is
Necessary for the Proper Performance of
the Function of the Agency, Including
Whether the Information Will Have
Practical Utility
The Department did not receive any
comments suggesting that the proposed
collection of information was not
necessary for the proper performance of
the functions of the agency.

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Comments Related to 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
Comment: Private Citizen
commented, ‘‘It is impossible for any
individual or entity to make an adequate
determination or estimation of the time
and costs associated with the
submission of the revised Top-Screen
document. Although the revised
document is available to DHS it has not
been published and is not available to
this commenter or other interested
entity.’’
Response: The Department calculated
the reduction in Top-Screen time and
costs by measuring the time users were
logged into the CSAT system
completing a Top-Screen between
Calendar Year 2012–2014. DHS expects
that this level of time will remain the
same with the new Top-Screen survey.
Comment: Private Citizen
commented, ‘‘It is impossible for any
individual or entity to make an adequate
determination or estimation of the time
and costs associated with the
submission of the revised Security
Vulnerability Assessment document.
Although the revised document is
available to DHS it has not been
published and is not available to this
commenter or other interested entity.’’
Response: The Department calculated
the reduction in time and cost for the
new Security Vulnerability Assessment
(SVA) and Alternative Security Program
(ASP) surveys submitted in lieu of the
SVA by measuring the time users were
logged into the CSAT system
completing the previous SVA/ASP
between Calendar Year 2012–2014, and
subtracting time for the removal of
duplicate questions from the current
survey and removal of the attack
scenarios from the current survey.
Comment: Private Citizen
commented, ‘‘The Collection Request
document also states the Department is
considering requesting chemical
facilities of interest that have chemical
holdings at or above the non-screening
threshold quantities on Appendix of the
CFATS complete a Top Screen, even if

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the facility has previously completed a
Top-Screen and been determined not to
be high-risk. It is understood that a new
baseline for all assets must be
established however for entities with a
large number of registered facilities with
a minimal number of tiered facilities
this will be a costly undertaking. Again
as in 1 above, it is impossible for any
individual or entity to make an adequate
determination or estimation of the time
and costs associated with the
submission of the revised Top-Screen
document. Although the revised
document is available to DHS it has not
been published and is not available to
this commenter or other interested
entity.’’
Response: The Department is only
considering requesting facilities that
have chemical holdings at or above
screening threshold quantities on
Appendix A to submit a new TopScreen. The Department calculated this
cost by taking the total number of
unique facilities 36,930 that have
submitted a Top-Screen since the
inception of the regulation in 2007 and
applying the time users were logged into
the system completing a Top-Screen
between Calendar Year 2012–2014.
Comment: Private Citizen
commented, ‘‘The assumption that Site
Security Officers are the only
individuals responsible for submitting
Top-Screens in many instances may not
be a valid assumption. There are costs
associated with other individuals that
may be involved in the process and in
other designated positions such as
Submitters and Authorizers. In many
instances the Site Security Officer
position is not a dedicated separate
position. These duties may be/are
assigned as additional duties to facility
supervisory, management, and
operations positions as well as
engineers. The cost curve for these
individuals is much greater.’’
Response: The Department agrees that
the actual cost to a facility may vary by
the number of people involved, the type
of people involved, and the unique
facility business operations. Since 2007,
the Department has published multiple
ICRs and received a significant number
of comments about the costs and
burdens associated with how to best
estimate the facility burden. Those
commenters have consistently accepted
the use of a Site Security Officer as a
reasonable baseline to estimate the costs
for most facilities. As a result, the
Department has elected to retain this
assumption.

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Comments Related to the Quality,
Utility, and Clarity of the Information
To Be Collected
Comment: Industry Association
commented, ‘‘Some of the questions are
phrased as a double negative, making
the question unnecessarily confusing.
The questions should be phrased in
such a way that the expected answer is
abundantly evident. If the answer is a
simple yes or no, indicate that in the
question and provide a text box. If the
question requires supporting
information, indicate what types of
supporting documentation would be
acceptable and unacceptable.’’
Response: The Department has
redesigned the CSAT tool suite. As part
of this redesign, the Department
changed the question wording where
possible to make it clearer and easier to
understand.
Comments Related to Minimizing the
Burden of the Collection of the
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
Comment: Industry Association
commented, ‘‘The CSAT tool has
repetitive questions throughout the
document that extend the time to
complete. For example, Risk-Based
Performance Standard (RBPS) 4, repeats
questions from RBPS 1, 2 and 3. If the
questions must be asked multiple times,
it would be helpful to identify questions
that would elicit a similar response.’’
Response: The Department has
redesigned the CSAT tool suite. As part
of this redesign, the Department
removed repetitive questions.
Comment: Industry Association
commented, ‘‘DHS should consider the
format of RBPS 18. RBPS 18 stipulates
that every answer to every question
must be yes. Instead of filling out a form
by checking a series of boxes, those
requirements could be explicitly stated
with a simple signature or check box at
the bottom.’’
Response: The Department has taken
this recommendation and merged the
retention of records questions that must
be answered with a yes into one
question that is an affirmation
statement.
Other Comments Submitted in Response
to the Information Collection Request
Comment: Industry Association
commented, ‘‘DHS should consider
removing the chlorine rail car as a theft
issue in the tiering process. Chlorine rail

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cars weigh between 83,000 and 93,000
lbs. when empty. Loaded rail cars weigh
in excess of 263,000 lbs. Due to the
extreme weight and the necessity to
transport them on permanent rails using
powerful mechanized systems, chlorine
rail cars should not be considered manportable.’’
Response: The Department has
developed an improved risk
methodology. As part of this improved
risk methodology, the Department will
consider packaging size and type in the
new vulnerability factor. Although
loaded rail cars, which are considered
bulk transportation items, are extremely
heavy and bulky, the potential for the
theft of these rail cars cannot be ruled
out.
Comment: Industry Association
commented, ‘‘Additionally, CI [Chlorine
Institute] members have received
feedback on Top Screens regarding the
release volume. For EPA’s RMP
submissions, the single largest container
is used as the release scenario. When
this volume was submitted on a Top
Screen, CI members were asked to
instead use the full inventory of the COI
[Chemical of Interest] within a 170 foot
radius. Especially for members who
package chlorine into multiple smaller
containers, such as cylinders and ton
containers, this scenario is highly
impractical and improbable and has the
potential to affect tier determination. It
is also unclear the origins of the 170foot radius specification.’’
Response: The CFATS program is a
security-based regulation that is focused
on mitigating the risk of intentional acts
which generate high consequences. It is
possible that these acts may involve
multiple cylinders, containers, etc. In
contrast, the EPA Risk Management
Program is a safety-based regulation that
is focused on accidental releases. Thus,
it is appropriate for the DHS modeling
to take into account the possibility and
consequences of an intentional act that
results in the release of multiple
cylinders/containers.
Comment: Industry Association
commented, ‘‘Since 2013, CI has had a
Cooperative Research and Development
Agreement (CRADA) with Chemical
Security Analysis Center (CSAC) within
DHS. With the support of the Chlorine
Institute, CSAC has conducted a series
of field experiments to study the
dispersion patterns and the nature of
reactivity of chlorine to its
surroundings. From these tests, CSAC
then modeled chlorine releases and
contributed those results to the newly
updated Chlorine Institute Pamphlet 74,
Guidance on Estimating the Area
Affected By A Chlorine Release. These
models are based on real-world, large-

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scale chlorine releases, modeled by DHS
scientists. For this reason, some
members have elected to use the release
estimates of Pamphlet 74 in lieu of
RMP*COMP, and have received
notification from DHS that RMP*COMP
must be used. The RMP*COMP is based
on a computational model, not realworld tests studied by DHS scientists.
DHS should consider, for chlorine,
allowing the use of Pamphlet 74
dispersion estimates in lieu of
RMP*COMP due to the higher level of
accuracy and to conserve resources by
using already existing dispersion
analysis.’’
Response: The Department has
developed an improved risk
methodology. As part of this improved
risk methodology, DHS will employ an
atmospheric dispersion model, thus
eliminating the need for facilities to use
the EPA RMP*Comp Tool.
Comment: Industry Association
commented, ‘‘DHS should develop a
Compliance Guide for performing audits
at each Tier Level. This will assist
regulated communities in preparing for
audits and achieving the intended
objectives of CFATS. Additionally,
some CI members have observed that
some DHS auditors completely ignore
CSAT questions during an audit; a
Compliance Guide could standardize
the auditing process.’’
Response: The Department will
consider developing a Compliance
Guide for performing audits, at each
Tier Level.
Comment: Industry Association
commented, ‘‘DHS should consider
combining the Top Screen and Security
Vulnerability Assessment processes.
Combining the processes would save
time for both the regulated community
and DHS as each process has similar
goals. DHS should also consider factors/
measures/conditions that if existing or
present would effectively lower the risk
ranking of the security issue and
effectively lower the Tier Level. This
may reduce the number of facilities that
are reassigned to a different tier later in
the process.’’
Response: The Department has
redesigned the CSAT tool suite. As part
of this redesign, the Department has
moved the questions relevant to tiering
determinations from the Security
Vulnerability Assessment survey to the
Top-Screen survey. Along with the
redesign of the CSAT tool suite DHS has
also developed an improved risk
methodology. In this improved risk
methodology, DHS has included a new
vulnerability metric, based on inherent
facility characteristics that reduce
vulnerability.

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The Department’s Methodology in
Estimating the Burden for the TopScreen
This 30-Day Notice relies on the
analysis and resulting burden estimates
in the 60-day notice for this instrument.
The Department also understands CVI
training may be required for some Site
Security Officer’s before being able to
submit a Top-Screen. The burden for
CVI training is accounted for in ICR:
1670- 30-Day Notice published, in the
Federal Register, on March 18, 2013.7
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
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 Site Security
Plan (SSP) & Alternative Security
Program (ASP) Submitted in Lieu of the
Site Security Plan
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 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 Identification
of Additional Facilities and Assets at
Risk
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.
OMB Number: 1670–0007.
Instrument: CSAT Top-Screen.
Frequency: ‘‘On occasion’’ and ‘‘Other.’’
Affected Public: Business or other forprofit.
Number of Respondents: 1,000
respondents (estimate).
7 The CVI 30-Day Notice published on March 18,
2013 https://www.federalregister.gov/articles/2013/
03/18/2013–06096/chemical-facility-anti-terrorismstandards-cfats-chemical-terrorism-vulnerabilityinformation-cvi.

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asabaliauskas on DSK3SPTVN1PROD with NOTICES

Federal Register / Vol. 81, No. 71 / Wednesday, April 13, 2016 / Notices
Estimated Time per Respondent: 6.00
hours.
Total Burden Hours: 9,200 hours.
Total Burden Cost (capital/startup):
$15,005,400.
Total Recordkeeping Burden: $0.
Total Burden Cost: $15,623,400.
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: 211
respondents.
Estimated Time per Respondent: 2.65
hours.
Total Burden Hours: 900 hours.
Total Burden Cost (capital/startup): $0.
Total Recordkeeping Burden: $0.
Total Burden Cost: $58,600.
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: 211
respondents.
Estimated Time per Respondent: 18.75
hours.
Total Burden Hours: 8,000 hours.
Total Burden Cost (capital/startup): $0.
Total Recordkeeping Burden: $438,800.
Total Burden Cost: $976,400.
Instrument: CFATS Helpdesk.
Frequency: ‘‘On occasion’’ and ‘‘Other.’’
Affected Public: Business or other forprofit.
Number of Respondents: 15,000
respondents.
Estimated Time per Respondent: 0.17
hours.
Total Burden Hours: 2,550 annual
burden hours.
Total Burden Cost (capital/startup): $0.
Total Recordkeeping Burden: $0.
Total Burden Cost: $172,700.
Instrument: CSAT User Registration.
Frequency: ‘‘On occasion’’ and ‘‘Other.’’
Affected Public: Business or other forprofit.
Number of Respondents: 1000
respondents.
Estimated Time per Respondent: 2
hours.
Total Burden Hours: 2,000 hours.
Total Burden Cost (capital/startup):
$283,600.
Total Recordkeeping Burden: $0.
Total Burden Cost: $419,000.
Instrument: Identification of Facilities
and Assets At Risk.
Frequency: ‘‘On occasion’’ and ‘‘Other.’’
Affected Public: Business or other forprofit.

VerDate Sep<11>2014

18:53 Apr 12, 2016

Jkt 238001

Number of Respondents: 211
respondents.
Estimated Time per Respondent: 0.17
hours.
Total Burden Hours: 40 hours.
Total Burden Cost (capital/startup):
$34,600.
Total Recordkeeping Burden: $0.
Total Burden Cost: $37,000.
Dated: April 7, 2016.
Scott Libby,
Deputy Chief Information Officer, National
Protection and Programs Directorate,
Department of Homeland Security.
[FR Doc. 2016–08495 Filed 4–12–16; 8:45 am]
BILLING CODE 9110–9P–P

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
Exercise of Authority under Section
212(d)(3)(B)(i) of the Immigration and
Nationality Act
Office of the Secretary, DHS.
Notice of Determination.

AGENCY:
ACTION:

Authority: 8 U.S.C. 1182(d)(3)(B)(i).

Following consultations with the
Attorney General and the Secretary of
State, I have determined that the
grounds of inadmissibility at sec.
212(a)(3)(B) of the Immigration and
Nationality Act (INA), 8 U.S.C.
1182(a)(3)(B), bar certain aliens who do
not pose a national security or public
safety risk from admission to the United
States and from obtaining immigration
benefits or other status. Accordingly,
consistent with prior exercises of the
exemption authority, and in
consultation with the Attorney General
and the Secretary of State, I hereby
conclude, as a matter of discretion in
accordance with the authority granted
by sec. 212(d)(3)(B)(i) of the INA, 8
U.S.C. 1182(d)(3)(B)(i), as amended, as
well as the foreign policy and national
security interests deemed relevant in
these consultations, that sec.
212(a)(3)(B) of the INA, 8 U.S.C.
1182(a)(3)(B), excluding subclause
(i)(II), shall not apply with respect to an
alien for any activity or association
relating to the following groups:
• All Burma Muslim Union
• Arakan Army
• Hongsawatoi Restoration Army/Party
• Kachin Independence Army
• Kachin Independence Organization
• Karen National Defense Organization
• Karenni Nationalities People’s
Liberation Front
• Kawthoolei Muslim Liberation Front
• Kuki National Army
• Mon National Liberation Army

PO 00000

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•
•
•
•
•
•
•
•
•
•

21891

Mon National Warrior Army
Myeik-Dawei United Front
National Democratic Front
National United Party of Arakan
New Democratic Army Kachin
New Mon State Party
Parliamentary Democracy Party
People’s Democratic Front
Ramanya Restoration Army
Shan State Army
Zomi Reunification Organization/
Zomi Revolutionary Army provided
that the alien satisfies the relevant
agency authority that the alien:
(a) is seeking a benefit or protection
under the INA and has been determined
to be otherwise eligible for the benefit
or protection;
(b) has undergone and passed all
relevant background and security
checks;
(c) has fully disclosed, to the best of
his or her knowledge, in all relevant
applications and interviews with U.S.
Government representatives and agents,
the nature and circumstances of
activities or association falling within
the scope of sec. 212(a)(3)(B) of the INA,
8 U.S.C. 1182(a)(3)(B);
(d) has not participated in, or
knowingly provided material support to,
terrorist activities that targeted
noncombatant persons or U.S. interests;
(e) poses no danger to the safety and
security of the United States; and
(f) warrants an exemption from the
relevant inadmissibility provision(s) in
the totality of the circumstances.
Implementation of this determination
will be made by U.S. Citizenship and
Immigration Services (USCIS), in
consultation with U.S. Immigration and
Customs Enforcement (ICE), or by U.S.
consular officers, as applicable, who
shall ascertain, to their satisfaction, and
in their discretion, that the particular
applicant meets each of the criteria set
forth above.
This exercise of authority may be
revoked as a matter of discretion and
without notice at any time, with respect
to any and all persons subject to it. Any
determination made under this exercise
of authority as set out above can inform
but shall not control a decision
regarding any subsequent benefit or
protection application, unless such
exercise of authority has been revoked.
This exercise of authority shall not be
construed to prejudice, in any way, the
ability of the U.S. government to
commence subsequent criminal or civil
proceedings in accordance with U.S.
law involving any beneficiary of this
exercise of authority (or any other
person). This exercise of authority
creates no substantive or procedural
right or benefit that is legally
enforceable by any party against the

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