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DHS/CISA RIN: 1670-AA00 Publication ID: Fall 2022 
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 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.   
Legal Deadline:
Action Source Description Date
NPRM  Statutory  Publication of Notice of Proposed Rulemaking.  05/26/2008 
Final  Statutory  Publication of Final Rule.  12/26/2008 

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.

Action Date FR Cite
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 
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:   Public Comment URL:  
RIN Data Printed in the FR: Yes 
Related RINs: Previously reported as 1601-AA52 
Agency Contact:
Ryan Donaghy
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
Phone:571 532-4127