1601-AA69 201510 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 1601 Office of the Secretary OS 1600 Department of Homeland Security DHS Chemical Facility Anti-Terrorism Standards (CFATS)

The Department of Homeland Security(DHS) previously invited public comment on an advance notice of proposed rulemaking (ANPRM) for potential revisions to the Chemical Facility Anti-Terrorism Standards (CFATS) regulations. The ANPRM provided an opportunity for the public to provide recommendations for possible program changes.  DHS is reviewing the public comments received in response to the ANPRM, after which DHS intends to publish a Notice of Proposed Rulemaking.

]]> Other Significant Previously Published in The Unified Agenda Proposed Rule Stage No No 6 CFR 27 sec 550 of the Department of Homeland Security Appropriations Act of 2007 Pub. L. 109-295, as amended Yes

DHS intends to propose several potential program changes to the CFATS regulation. These changes have been identified in the five years since program implementation.

In addition, in December 2014, a new law (the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014) was enacted which provides DHS continuing authority to implement CFATS. DHS must make several modifications and additions to conform the CFATS regulation with the new law.

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The Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014 (Pub. L. 113-254) added Title XXI to the Homeland Security Act of 2002 (HSA) to authorize in permanent law a Chemical Facility Anti-terrorism Standards (CFATS) program. See 6 U.S.C. 621 et seq. Title XXI supersedes section 550 of the Department of Homeland Security Appropriations Act of 2007, Pub. L. 109-295, under which the CFATS program was originally established in April 2007. Section 2107(a) of the HSA specifically authorizes DHS to "promulgate regulations or amend existing CFATS regulations to implement the provisions under [Title XXI]. 6 U.S.C. 627(a). In addition, section 2107(b)(2) of the HSA requires DHS to repeal any existing CFATS regulation that [DHS] determines is duplicative of, or conflicts with, [Title XXI]. 6 U.S.C. 627(b)(2).

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The ANPRM provided an opportunity for the public to provide recommendations for possible program changes.  DHS is reviewing the public comments received in response to the ANPRM, after which DHS intends to publish a Notice of Proposed Rulemaking (NPRM).

]]> ]]> ANPRM 08/18/2014 79 FR 48693 ANPRM Comment Period End 10/17/2014 NPRM 07/00/2016 Yes Businesses Federal Local State No www.regulations.gov www.regulations.gov Yes No Jon MacLaren Group Leader, Strategic Policy and Rulemaking 1600 Department of Homeland Security DHS 703 235-5263 703 603-4935 jon.m.maclaren@hq.dhs.gov National Protection and Programs Directorate, Infrastructure Security Compliance Division (NPPD/ISCD), 245 Murray Lane SW, Mail Stop 0610, Arlington VA 20528-0610