Sunday, August 14, 2011

Protected Critical Infrastructure Information (PCII) Stakeholder Survey New ICR

Posted by Roberts Law Group, PLLC at 11:34 AM 0 comments
The Department of Homeland Security (DHS) is soliciting comments concerning the Protected Critical Infrastructure Information (PCII) Stakeholder Survey. The PCII Program was created by Congress in 2002 to encourage voluntary information sharing by owners and operators of critical infrastructure and protected systems. This survey is designed to gather information from PCII Officers that can be used to improve these relationships and to maximize the value that the PCII Program is offering to its federal, state, and local government users.

DHS previously published this Information Collection Request (ICR) in the Federal Register on March 31, 2011, for a 60-day public comment period. The purpose of this notice is to allow an additional 30 days for public comments. Comments will be accepted until September 14, 2011.

Thursday, August 4, 2011

DHS Issues Ammonium Nitrate NPRM

Posted by Roberts Law Group, PLLC at 11:06 AM 0 comments
This week, the Department of Homeland Security (DHS) published a Notice of Proposed Rulemaking (NPRM) that would regulate the sale and transfer of ammonium nitrate.

Under the NPRM, certain ammonium nitrate sellers and prospective ammonium nitrate purchasers must apply for ammonium nitrate registration numbers from DHS in order to sell, transfer, and/or purchase the chemical. DHS will use the Terrorist Screening Database to vet each applicant, and must generally issue an ammonium nitrate registration number or deny the applicant’s registration within 72 hours of receipt. At the point of sale, ammonium nitrate sellers will be required to verify each potential ammonium nitrate purchaser’s identity and registration before completing the sale.

Ammonium nitrate facilities will be required to keep records of sales or transfers of ammonium nitrate for at least two years after each transaction. The NPRM defines an ammonium nitrate facility as “[a]ny person or entity that produces, sells, or otherwise transfers ownership of, or provides applications services for, ammonium nitrate.” The NPRM will also require ammonium nitrate sellers to report the theft or loss of ammonium nitrate to Federal authorities within one calendar day of discovery of the theft or loss.

In order to ensure compliance, DHS will conduct on-site and remote regulatory compliance inspections and audits of ammonium nitrate facilities’ records. DHS may assess a civil penalty of up to $50,000 per violation for non-compliance with the rule.