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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.

Statement of Need:

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.

Summary of the Legal Basis:

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