View Information Collection Request (ICR) Package
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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
1670-0029
ICR Reference No:
202110-1670-001
Status:
Historical Inactive
Previous ICR Reference No:
201806-1670-001
Agency/Subagency:
DHS/CISA
Agency Tracking No:
Title:
Chemical Facility Anti-Terrorism Standards (CFATS) Personnel Surety Program
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Disapproved
Conclusion Date:
11/19/2024
Retrieve Notice of Action (NOA)
Date Received in OIRA:
02/11/2022
Terms of Clearance:
The agency will resubmit this form for approval when the underlying program has been reauthorized by Congress, following an appropriate public comment period.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
36 Months From Approved
11/30/2024
Responses
0
0
203,305
Time Burden (Hours)
0
0
33,884
Cost Burden (Dollars)
0
0
5,158,226
Abstract:
CFATS Personnel Surety requires high-risk chemical facility to implement measures designed to identify people with terrorist ties. For the purposes of the CFATS Personnel Surety Program, ‘people’ in Risk-Based Performance Standards (RBPS) 12(iv) is in reference to affected individuals (i.e., facility personnel or unescorted visitors with or seeking access to restricted areas or critical assets at high-risk chemical facilities). RBPS 12 requires high-risk chemical facilities to perform appropriate background checks on and ensure appropriate credentials for facility personnel, and, as appropriate, unescorted visitors with access to restricted areas or critical assets.
Authorizing Statute(s):
US Code:
6 USC 621
Name of Law: CFATS Act of 2014
PL:
Pub.L. 109 - 295 550
Name of Law: DHS Appropriations Act of 2007
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
86 FR 32960
06/23/2021
30-day Notice:
Federal Register Citation:
Citation Date:
87 FR 8026
02/11/2022
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
Background Check to Identify Affected Individuals With Terrorist Ties
n/a
CFATS Personnel Surety
CFATS Personnel Surety Program Instrument
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Miscellaneous Actions
Burden decreases because of Program Change due to Agency Discretion:
Yes
Burden Reduction Due to:
Miscellaneous Actions
Short Statement:
• Minor revision to the instrument that reflects the passage of the Cybersecurity and Infrastructure Security Act of 2018, 6 U.S.C. §§ 651-74, such as updating the Agency name to conform with the Agency’s new designation as CISA. CISA is not proposing a change to the scope of the instrument. • Decrease the annual number of responses from 203,305 to 149,271 responses which is a decrease of 54,304 responses. The revision is based on historical data and a revision in the methodology about how CISA accounts for new facilities. Notably, the new methodology: (a) remove the costs associated with capital/startup costs because they are incorporated within the estimated number of respondents; (b) increases the annual hires rate from 47.8% to 57.3% for total private industry, as estimated from the Bureau of Labor Statistics (BLS), and (c) increases the number of annual respondents from 72,607. • An decrease of 9,005 hours of the annual time burden from 33,884 hours to 24,879 hours when compared to the previously approved annual time burden. • A decrease in the annual cost burden of $2,957,074 from $5,158,226 to $2,201,152 which reflects (a) removal of the costs associated with capital/startup costs because they are incorporated within the estimated number of respondents, and (b) an increase of the annual reporting and recordkeeping hour and cost burden from 12,101 hours to 24,879 hours as a result of the revised methodology. • An increase in the annual cost from $1,719,409 to $2,201,152 because of the increase in annual hours as well as an increase in the respondent wage rate from $85.82/hour to $88.48/hour, which is based on updated BLS data. • A decrease of the overall total annual operating cost to the Federal Government for this collection from $1,001,189 to $495,581 based on the projected costs for the government to vet records and the number of submissions.
Annual Cost to Federal Government:
$495,581
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
Yes
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
Yes
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
No
Agency Contact:
Benjamin Thomsen 202 254-7179 benjamin.thomsen@cisa.dhs.gov
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
02/11/2022
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