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|DHS/CISA||RIN: 1670-AA00||Publication ID: Fall 2021|
|Title: 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).
|Agency: Department of Homeland Security(DHS)||Priority: Other Significant|
|RIN Status: Previously published in the Unified Agenda||Agenda Stage of Rulemaking: Proposed Rule Stage|
|Major: Yes||Unfunded Mandates: Private Sector|
|CFR Citation: 6 CFR 31|
|Legal Authority: 6 U.S.C. 488 et seq.|
Statement of Need:
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.
Summary of the Legal Basis:
This regulation is statutorily mandated by 6 U.S.C. 488 et seq.
Anticipated Costs and Benefits:
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.
|Regulatory Flexibility Analysis Required: Yes||Government Levels Affected: Federal, Local, State|
|Small Entities Affected: Businesses||Federalism: Yes|
|Included in the Regulatory Plan: Yes|
|RIN Information URL: www.regulations.gov||Public Comment URL: www.regulations.gov|
|RIN Data Printed in the FR: Yes|
|Related RINs: Previously reported as 1601-AA52|
Deputy Branch Chief for Chemical Security Policy, Rulemaking, and Engagement
Department of Homeland Security
Cybersecurity and Infrastructure Security Agency
245 Murray Lane SW, Mail Stop 0610,
Arlington, VA 20528