Notice2024-20828
Revision of a Currently Approved Information Collection for Chemical-Terrorism Vulnerability Information (CVI)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 13, 2024
Issuing agencies
Homeland Security Department
Abstract
The Infrastructure Security Division (ISD) within the Cybersecurity and Infrastructure Security Agency (CISA) will submit the following Information Collection Request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. The submission proposes to renew the information collection for an additional three years and to update both the burden estimates and the statutory authority for the information collection.
Full Text
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<title>Federal Register, Volume 89 Issue 178 (Friday, September 13, 2024)</title>
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[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74975-74977]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20828]
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DEPARTMENT OF HOMELAND SECURITY
[Docket No. CISA-2024-0023]
Revision of a Currently Approved Information Collection for
Chemical-Terrorism Vulnerability Information (CVI)
AGENCY: Cybersecurity and Infrastructure Security Agency, DHS.
ACTION: 60-Day notice and request for comments; renewal of Information
Collection Request (ICR): 1670-0015.
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SUMMARY: The Infrastructure Security Division (ISD) within the
Cybersecurity and Infrastructure Security Agency (CISA) will submit the
following Information Collection Request to the Office of Management
and Budget (OMB) for review and clearance in accordance with the
Paperwork Reduction Act of 1995. The submission proposes to renew the
information collection for an additional three years and to update both
the burden estimates and the statutory authority for the information
collection.
DATES: Comments are encouraged and will be accepted until November 12,
2024.
ADDRESSES: You may send comments, identified by docket number through
the Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the
instructions for sending comments.
Instructions: All submissions received must include the agency name
``CISA'' and docket number CISA-2024-0023. All comments received will
be posted without change to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any
personal information provided. Comments that include trade secrets,
confidential commercial or financial information, Chemical-terrorism
Vulnerability Information (CVI),\1\ Sensitive Security Information
(SSI),\2\ or Protected Critical Infrastructure
[[Page 74976]]
Information (PCII) \3\ should not be submitted to the public docket.
Comments containing trade secrets, confidential commercial or financial
information, CVI, SSI, or PCII should be appropriately marked and
packaged in accordance with applicable requirements and submission must
be coordinated with the point of contact for this notice provided in
FOR FURTHER INFORMATION CONTACT section. Comments must be identified by
docket number CISA-2024-0023.
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\1\ For more information about CVI see 6 CFR 27.400 and the CVI
Procedural Manual at <a href="http://www.dhs.gov/publication/safeguarding-cvi-manual">www.dhs.gov/publication/safeguarding-cvi-manual</a>.
\2\ For more information about SSI see 49 CFR part 1520 and the
SSI Program web page at <a href="http://www.tsa.gov/for-industry/sensitive-security-information">www.tsa.gov/for-industry/sensitive-security-information</a>.
\3\ For more information about PCII see 6 CFR part 29 and the
PCII Program web page at <a href="http://www.dhs.gov/pcii-program">www.dhs.gov/pcii-program</a>.
FOR FURTHER INFORMATION CONTACT: Annie Hunziker Boyer, 703-603-5000,
_____________________________________-
<a href="/cdn-cgi/l/email-protection#afece6fceefdcac8dac3cedbc6c0c1dcefccc6dcce81cbc7dc81c8c0d9"><span class="__cf_email__" data-cfemail="3d7e746e7c6f585a48515c495452534e7d5e544e5c1359554e135a524b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Chemical Facility Anti-Terrorism
Standards (CFATS) Program identified and regulated the security of
high-risk chemical facilities using a risk-based approach. Pursuant to
section 5 of the Protecting and Securing Chemical Facilities from
Terrorist Attacks Act of 2014 (Pub. L. 113-254, as amended by Pub. L.
116-150; 6 U.S.C. 621 note), authorization had been granted for CFATS
until July 27, 2023. Congress did not act to reauthorize the program in
time and, as such, the authorization expired on July 28, 2023.
Therefore, regulations written pursuant to CFATS authority are not
currently active. While regulatory text for the CFATS regulation,
including information protection requirements, is located in part 27 of
title 6 of the Code of Federal Regulations (CFR), the text is inactive
due to the lapse in authority.
CISA continues to possess and safeguard the information provided to
CISA under the CFATS program prior to the program's lapse in authority
on July 28, 2023. CISA also continues to receive requests for these
government records and has continued to treat any information
previously designated as CVI prior to the July 28, 2023 lapse
consistent with the previously established CVI information handling
protection regime. As a result, prior to granting access to information
safeguarded as CVI, CISA verifies that the requestor is a CVI
Authorized User. If that requestor has a need to know but is not a CVI
Authorized User, CISA will provide the requestor with CVI training. The
requestor then submits an application to become a CVI Authorized User.
CISA is authorized to safeguard information provided to CISA under
CFATS prior to July 28, 2023 under 6 U.S.C. 652(e)(1)(J), which grants
CISA the authority to safeguard information from unauthorized
disclosure and to ensure that the information is handled and used only
for the performance of official duties.\4\
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\4\ 6 U.S.C. 652(e)(1)(J): (J) To ensure that any material
received pursuant to this chapter is protected from unauthorized
disclosure and handled and used only for the performance of official
duties.
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It is the Administration's position that CFATS should be
reauthorized. However, even without statutory reauthorization, there is
both a reason to continue collecting this information (i.e., enabling
individuals with a need to know but who are not CVI Authorized Users to
access historical government records safeguarded as CVI) as well as
existing statutory authority to do so under 6 U.S.C. 652(e)(1)(J). Once
CFATS is reauthorized, the training and application to become a CVI
Authorized User will be made accessible to the public.
The current information collection for the CVI program (IC 1670-
0015) will expire on November 30, 2024.\5\
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\5\ The current information collection for CVI (i.e., IC 1670-
0015) may be viewed at <a href="https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202012-1670-001">https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202012-1670-001</a>.
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CISA proposes three revisions from the previously approved
collection. Specifically, to renew the information collection for an
additional three years, increase the loaded average hourly wage rate of
respondents from $79.75 to $101.87 based on updated BLS wage and
compensation data, and to cite 6 U.S.C. 652(e)(1)(J) as its statutory
authority rather than 6 U.S.C. 623.
This process is conducted in accordance with 5 CFR 1320.8.
CISA'S Methodology in Estimating the Burden for the Chemical-Terrorism
Vulnerability Information Authorization
Number of Respondents
The current information collection estimated that 20,000
respondents submit a request to become a CVI Authorized User Number
annually. The table below provides the number of respondents over the
past three years (i.e., Calendar Year (CY) 2020 through CY 2022).
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CY 2020 CY 2021 CY 2022
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Number of Respondents........................................ 11,444 12,931 14,252
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Due to past fluctuations and uncertainty regarding the number of
future respondents, CISA believes that 20,000 continues to be a
reasonable estimate when CFATS is reauthorized. Therefore, CISA
proposes to retain the estimated annual number of respondents.\6\
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\6\ If the CFATS program is not reauthorized, renewal of this IC
under the authority of 6 U.S.C. 652(e)(1)(J) for the more limited
purpose of issuing CVI Authorized User Numbers and allowing
individuals to become CVI Authorized Users would reduce the
estimated number of respondents to 150. It is CISA's position that
CFATS will be reauthorized. Therefore, CISA proposes to retain the
estimate of 20,000 respondents.
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Estimated Time per Respondent
In the current information collection, the estimated time per
respondent to prepare and submit a CVI Authorization is 0.50 hours (30
minutes). CISA proposes to retain the estimated time per respondent.
Annual Burden Hours
The annual burden hours for the CVI Authorization is [0.50 hours x
20,000 respondents x 1 response per respondent], which equals 10,000
hours.
Total Capital/Startup Burden Cost
Prior to the expiration of CFATS' statutory authorization, the
instrument through which the information was collected electronically
was a web interface incorporated into CISA's Chemical Security
Assessment Tool (CSAT). Since the lapse, and until reauthorization, the
instrument is a PDF form sent via email to respondents. The PDF form is
filled out by respondents and returned to CISA via email. When the
CFATS program is reauthorized, a web-enabled interface will be made
accessible to the public.
Thus, for the purposes of this notice, CISA continues to assume
there is no annualized capital or start-up costs incurred by
respondents for this information collection.
Total Recordkeeping Burden
There are no recordkeeping burden costs incurred by respondents for
this information collection.
[[Page 74977]]
Total Annual Burden Cost
CISA assumes that respondents are generally Site Security Officers
(SSOs), although other types of respondents may also complete this
instrument (e.g., State, and local government employees and
contractors). For the purpose of this notice, CISA maintains this
assumption. To estimate the total annual burden, CISA multiplied the
annual burden of 10,000 hours by the loaded average hourly wage rate of
SSOs of $101.87 per hour.\7\ Therefore, the total annual burden cost
for the CVI Authorization instrument is $1,018,700 [10,000 total annual
burden hours x $101.87 per hour].
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\7\ The wage used for an SSO equals that of Managers, All (11-
9199), with a load factor of 1.4481 to account for benefits in
addition to wages <a href="https://www.bls.gov/oes/2023/may/oes119199.htm">https://www.bls.gov/oes/2023/may/oes119199.htm</a>.
The load factor is estimated by dividing total compensation by total
wages and salaries for the Management, Professional and Related
series ($72/$49.72), which can be found at <a href="https://www.bls.gov/news.release/ecec.t04.htm">https://www.bls.gov/news.release/ecec.t04.htm</a>.
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Analysis
Agency: Department of Homeland Security, Cybersecurity and
Infrastructure Agency, Infrastructure Security Division.
Title: CFATS Chemical-Terrorism Vulnerability Information.
OMB Number: 1670-0015.
Instrument: Chemical-Terrorism Vulnerability Information Training
and Authorized User Application.
Frequency: ``On occasion'' and ``Other''.
Affected Public: Business or other for-profit.
Number of Respondents: 20,000 respondents (rounded estimate).
Estimated Time per Respondent: 0.50 hours.
Total Burden Hours: 10,000 annual burden hours.
Total Burden Cost (capital/startup): $0.
Total Recordkeeping Burden: $0.
Total Burden Cost: $1,001,275.
Robert J. Costello,
Chief Information Officer, Department of Homeland Security,
Cybersecurity and Infrastructure Security Agency.
[FR Doc. 2024-20828 Filed 9-12-24; 8:45 am]
BILLING CODE 9111-LF-P
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