30-dayFRN

2024-27287.pdf

Chemical-terrorism Vulnerability Information (CVI)

30-dayFRN

OMB: 1670-0015

Document [pdf]
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Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Notices
Estimated Total Annual Respondent
Cost: $12,269,944.
Estimated Respondents’ Operation
and Maintenance Costs: None.
Estimated Respondents’ Capital and
Start-Up Costs: None.
Estimated Total Annual Cost to the
Federal Government: $2,322,734.
Comments
Comments may be submitted as
indicated in the ADDRESSES caption
above. Comments are solicited to (a)
evaluate whether the proposed data
collection is necessary for the proper
performance of the Agency, including
whether the information shall have
practical utility; (b) 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;
(c) enhance the quality, utility, and
clarity of the information to be
collected; and (d) 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 submission of
responses.
Millicent Brown Wilson,
Records Management Branch Chief, Office
of the Chief Administrative Officer, Mission
Support, Federal Emergency Management
Agency, Department of Homeland Security.
[FR Doc. 2024–27321 Filed 11–20–24; 8:45 am]
BILLING CODE 9111–19–P

DEPARTMENT OF HOMELAND
SECURITY
[Docket No. CISA–2024–0023]

Revision of a Currently Approved
Information Collection for ChemicalTerrorism Vulnerability Information
(CVI)
Cybersecurity and
Infrastructure Security Agency, DHS.
ACTION: 30-Day notice and request for
comments; renewal of Information
Collection Request (ICR): 1670–0015.
AGENCY:

The Infrastructure Security
Division (ISD) within the Cybersecurity
and Infrastructure Security Agency
(CISA) will submit the following
Information Collection Request to the
Office of Management and Budget
(OMB) for review and clearance in
accordance with the Paperwork
Reduction Act of 1995. The submission
proposes to renew the information
collection for an additional three years
and to update both the burden estimates

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SUMMARY:

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and the statutory authority for the
information collection. CISA previously
published this ICR in the Federal
Register on September 13, 2024, for a
60-day public comment period. One
unrelated public comment was
submitted.1 The purpose of this notice
is to allow additional 30 days for public
comments.
DATES: Comments will be accepted until
December 23, 2024.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function. All submissions
received must include the agency name
‘‘CISA’’ and docket number CISA–2024–
0023.
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 be
coordinated with the point of contact for
this notice provided in the FOR FURTHER
INFORMATION CONTACT section.
The Office of Management and Budget
is particularly interested in comments
which:
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
1 The unrelated public comment may be viewed
at https://www.regulations.gov/comment/CISA2024-0023-0002.
2 For more information about CVI see 6 CFR
27.400 and the CVI Procedural Manual at
www.dhs.gov/publication/safeguarding-cvi-manual.
3 For more information about SSI see 49 CFR part
1520 and the SSI Program web page at www.tsa.gov/
for-industry/sensitive-security-information.
4 For more information about PCII see 6 CFR part
29 and the PCII Program web page atwww.dhs.gov/
pcii-program.

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92141

other forms of information technology,
e.g., permitting electronic submissions
of responses.
FOR FURTHER INFORMATION CONTACT:
Annie Hunziker Boyer, 703–603–5000,
CISARegulations@mail.cisa.dhs.gov.
SUPPLEMENTARY INFORMATION: The
Chemical Facility Anti-Terrorism
Standards (CFATS) Program identified
and regulated the security of high-risk
chemical facilities using a risk-based
approach. Pursuant to section 5 of the
Protecting and Securing Chemical
Facilities from Terrorist Attacks Act of
2014 (Pub. L. 113–254, as amended by
Pub. L. 116–150; 6 U.S.C. 621 note),
authorization had been granted for
CFATS until July 27, 2023. Congress did
not act to reauthorize the program in
time and, as such, the authorization
expired on July 28, 2023. Therefore,
regulations written pursuant to CFATS
authority are not currently active. While
regulatory text for the CFATS
regulation, including information
protection requirements, is located in
part 27 of title 6 of the Code of Federal
Regulations (CFR), the text is inactive
due to the lapse in authority.
CISA continues to possess and
safeguard the information provided to
CISA under the CFATS program prior to
the program’s lapse in authority on July
28, 2023. CISA also continues to receive
requests for these government records
and has continued to treat any
information previously designated as
CVI prior to the July 28, 2023 lapse
consistent with the previously
established CVI information handling
protection regime. As a result, prior to
granting access to information
safeguarded as CVI, CISA verifies that
the requestor is a CVI Authorized User.
If that requestor has a need to know but
is not a CVI Authorized User, CISA will
provide the requestor with CVI training.
The requestor then submits an
application to become a CVI Authorized
User.
CISA is authorized to safeguard
information provided to CISA under
CFATS prior to July 28, 2023 under 6
U.S.C. 652(e)(1)(J), which grants CISA
the authority to safeguard information
from unauthorized disclosure and to
ensure that the information is handled
and used only for the performance of
official duties.5
It is the Administration’s position that
CFATS should be reauthorized.
However, even without statutory
reauthorization, there is both a reason to
5 6 U.S.C. 652(e)(1)(J): (J) To ensure that any
material received pursuant to this chapter is
protected from unauthorized disclosure and
handled and used only for the performance of
official duties.

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Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Notices

continue collecting this information
(i.e., enabling individuals with a need to
know but who are not CVI Authorized
Users to access historical government
records safeguarded as CVI) as well as
existing statutory authority to do so
under 6 U.S.C. 652(e)(1)(J). Once CFATS
is reauthorized, the training and
application to become a CVI Authorized
User will be made accessible to the
public.
The current information collection for
the CVI program (IC 1670–0015) will
expire on November 30, 2024.

CISA proposes three revisions from
the previously approved collection.
Specifically, to renew the information
collection for an additional three years,
increase the loaded average hourly wage
rate of respondents from $79.75 to
$101.87 based on updated BLS wage
and compensation data, and to cite 6
U.S.C. 652(e)(1)(J) as its statutory
authority rather than 6 U.S.C. 623.
This process is conducted in
accordance with 5 CFR 1320.8.

Number of Respondents ..............................................................................................................

Due to past fluctuations and
uncertainty regarding the number of
future respondents, CISA believes that
20,000 continues to be a reasonable
estimate when CFATS is reauthorized.
Therefore, CISA proposes to retain the
estimated annual number of
respondents.
Estimated Time per Respondent
In the current information collection,
the estimated time per respondent to
prepare and submit a CVI Authorization
is 0.50 hours (30 minutes). CISA
proposes to retain the estimated time
per respondent.
Annual Burden Hours
The annual burden hours for the CVI
Authorization is [0.50 hours × 20,000
respondents × 1 response per
respondent], which equals 10,000 hours.

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Total Capital/Startup Burden Cost
Prior to the expiration of CFATS’
statutory authorization, the instrument
through which the information was
collected electronically was a web
interface incorporated into CISA’s
Chemical Security Assessment Tool
(CSAT). Since the lapse, and until
reauthorization, the instrument is a PDF
form sent via email to respondents. The
PDF form is filled out by respondents
and returned to CISA via email. When
the CFATS program is reauthorized, a
web-enabled interface will be made
accessible to the public. Thus, for the
purposes of this notice, CISA continues
to assume there is no annualized capital
or start-up costs incurred by
respondents for this information
collection.
Total Recordkeeping Burden
There are no recordkeeping burden
costs incurred by respondents for this
information collection.

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Total Annual Burden Cost
CISA assumes that respondents are
generally Site Security Officers (SSOs),
although other types of respondents
may also complete this instrument (e.g.,
State, and local government employees
and contractors). For the purpose of this
notice, CISA maintains this assumption.
To estimate the total annual burden,
CISA multiplied the annual burden of
10,000 hours by the loaded average
hourly wage rate of SSOs of $101.87 per
hour.6 Therefore, the total annual
burden cost for the CVI Authorization
instrument is $1,018,700 [10,000 total
annual burden hours × $101.87 per
hour].
Analysis
Agency: Department of Homeland
Security, Cybersecurity and
Infrastructure Agency, Infrastructure
Security Division.
Title: CFATS Chemical-terrorism
Vulnerability Information.
OMB Number: 1670–0015.
Instrument: Chemical-terrorism
Vulnerability Information Training and
Authorized User Application.
Frequency: ‘‘On occasion’’ and
‘‘Other’’.
Affected Public: Business or other forprofit.
Number of Respondents: 20,000
respondents (rounded estimate).
Estimated Time per Respondent: 0.50
hours.
Total Burden Hours: 10,000 annual
burden hours.
Total Burden Cost (capital/startup):
$0.
6 The wage used for an SSO equals that of
Managers, All (11–9199), with a load factor of
1.4481 to account for benefits in addition to wages
https://www.bls.gov/oes/2023/may/oes119199.htm.
The load factor is estimated by dividing total
compensation by total wages and salaries for the
Management, Professional and Related series ($72/
$49.72), which can be found at https://www.bls.gov/
news.release/ecec.t04.htm.

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CISA’s Methodology in Estimating the
Burden for the Chemical-Terrorism
Vulnerability Information
Authorization
Number of Respondents
The current information collection
estimated that 20,000 respondents
submit a request to become a CVI
Authorized User Number annually. The
table below provides the number of
respondents over the past three years
(i.e., Calendar Year (CY) 2020 through
CY 2022).
CY 2020

CY 2021

CY 2022

11,444

12,931

14,252

Total Recordkeeping Burden: $0.
Total Burden Cost: $1,001,275.
Robert J. Costello,
Chief Information Officer, Department of
Homeland Security, Cybersecurity and
Infrastructure Security Agency.
[FR Doc. 2024–27287 Filed 11–20–24; 8:45 am]
BILLING CODE 9111–LF–P

DEPARTMENT OF HOMELAND
SECURITY
[Docket No. CISA–2024–0005]

Notice of President’s National
Infrastructure Advisory Council
Meeting
Cybersecurity and
Infrastructure Security Agency (CISA),
Department of Homeland Security
(DHS).
ACTION: Notice of partial closure Federal
Advisory Committee Act (FACA)
meeting; request for comments.
AGENCY:

CISA is publishing this notice
to announce the following President’s
National Infrastructure Advisory
Council (NIAC) meeting.
DATES:
Meeting Registration: Registration is
required to attend the meeting and must
be received no later than 5 p.m. eastern
standard time (EST) on December 6,
2024. For more information on how to
participate, please contact NIAC@
mail.cisa.dhs.gov.
Speaker Registration: Registration to
speak during the meeting’s public
comment period must be received no
later than 5 p.m. EST on December 6,
2024.
Written Comments: Written comments
must be received no later than 5 p.m.
EST on December 6, 2024.
Meeting Date: The NIAC will meet on
December 11, 2024, from 1 p.m. to 5:15
SUMMARY:

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