1670-AA00 202010 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 1670 Cybersecurity and Infrastructure Security Agency CISA 1600 Department of Homeland Security DHS Ammonium Nitrate Security Program

This rulemaking will implement the December 2007 amendment to the Homeland Security Act titled "Secure Handling of Ammonium Nitrate." The amendment requires the Department of Homeland Security to "regulate the sale and transfer of ammonium nitrate by an ammonium nitrate facility...to prevent the misappropriation or use of ammonium nitrate in an act of terrorism." Given the complexity of the terrorist threat and the narrow focus of the statutory mandate provided in the Homeland Security Act, the Cybersecurity and Infrastructure Security Agency (CISA) is withdrawing the Notice of Proposed Rulemaking (NPRM) issued on August 3, 2011. Given the complexity of the terrorist threat and the narrow focus of the statutory mandate provided in the Homeland Security Act, the Cybersecurity and Infrastructure Security Agency (CISA) intends to issue an additional NPRM that is limited in scope and focuses on preventing the most severe attacks involving ammonium nitrate in a manner that reduces the cost burden to the public as much as possible.

]]> Other Significant Previously Published in The Unified Agenda Proposed Rule Stage Yes Private Sector Other 6 CFR 31 6 U.S.C. 488 et seq. Statutory NPRM 05/26/2008 Publication of Notice of Proposed Rulemaking. Statutory Final 12/26/2008 Publication of Final Rule. Yes

A Federal regulation governing the sale and transfer of ammonium nitrate is statutorily mandated. Given that: (1) Terrorists can easily acquire significant amounts of ammonium nitrate through many small purchases, and (2) 6 U.S.C. 488 et seq. focuses on only one of many IEDPs available to terrorists, CISA believes that a comprehensive regulatory regime cannot be constructed under 6 U.S.C. 488 et seq. in a manner that produces societal benefits larger than burdens.  Therefore, CISA's new proposed rule will seek to minimize burdens while satisfying statutory requirements.

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This regulation is statutorily mandated by 6 U.S.C. 488 et seq.

]]> ANPRM 10/29/2008 73 FR 64280 ANPRM Correction 11/05/2008 73 FR 65783 ANPRM Comment Period End 12/29/2008 NPRM 08/03/2011 76 FR 46908 Notice of Public Meetings 10/07/2011 76 FR 62311 Notice of Public Meetings 11/14/2011 76 FR 70366 NPRM Comment Period End 12/01/2011 Notice of Availability 06/03/2019 84 FR 25495 Notice of Availability Comment Period End 09/03/2019 Notice--Withdrawal of NPRM (76 FR 46908, dated 08/03/2011) 03/00/2021 NPRM 03/00/2021 Yes Businesses Federal Local State Yes No www.regulations.gov www.regulations.gov Yes No 1601-AA52 Previously reported as Lona Saccomando Chemical Facility of Interest (CFOI) Coordinator 1670 Cybersecurity and Infrastructure Security Agency CISA 703 603-4898 lona.saccomando@cisa.dhs.gov 245 Murray Lane SW, Mail Stop 0610, Arlington VA 20528-0610