Deputy Branch Chief for Chemical Security Policy, Rulemaking, and Engagement

1670-AA00 202210 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

The Cybersecurity and Infrastructure Security Agency (CISA) is proposing a rulemaking to implement the December 2007 amendment to the Homeland Security Act titled "Secure Handling of Ammonium Nitrate." This 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." CISA previously issued a Notice of Proposed Rulemaking (NPRM) on August 3, 2011. CISA is planning to issue a Supplemental Notice of Proposed Rulemaking (SNPRM).

]]> Other Significant Previously Published in The Unified Agenda Proposed Rule Stage Yes Private Sector 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. The statute requires that purchasers of ammonium nitrate and owners of ammonium nitrate facilities register with the Department of Homeland Security and be vetted against the Terrorist Screening Database. The statute further requires that information about transactions of ammonium nitrate be recorded and kept. Given the widespread use of ammonium nitrate in many sectors of the economy, including industrial, agricultural, and consumer uses, the Department is exploring ways to reduce the threat of terrorism posed by ammonium nitrate while remaining sensitive to the impacts on the supply chain and legitimate users.

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

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In the 2011 NPRM, CISA estimated cost of this proposed rule would range from $300 million to $1,041 million over 10 years at a 7 percent discount rate. In the intervening years, CISA has adjusted its approach to this rulemaking and has made significant changes to the way we estimate the costs associated with this SNPRM. At this time CISA is still developing the cost estimates for and substantive contents of this SNPRM.

]]> 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 Supplemental NPRM 09/00/2023 Yes Businesses Federal Local State Yes No www.regulations.gov www.regulations.gov Yes No 1601-AA52 Previously reported as Ryan Donaghy Deputy Branch Chief for Chemical Security Policy, Rulemaking, and Engagement 1670 Cybersecurity and Infrastructure Security Agency CISA 571 532-4127 ryan.donaghy@cisa.dhs.gov 245 Murray Lane SW, Mail Stop 0610, Arlington VA 20528