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Rules and Regulations
Federal Register Vol. 86, No. 147
Wednesday, August 4, 2021

This section of the FEDERAL REGISTER
contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.

DEPARTMENT OF HOMELAND
SECURITY
6 CFR Part 27
Docket No. CISA20210007

Chemical Facility Anti-Terrorism Standards: Technical Amendments Cybersecurity and Infrastructure Security Agency, DHS.
ACTION: Final rule.
AGENCY:

This final rule makes nonsubstantive technical, organizational, and conforming amendments to the Chemical Facility Anti-Terrorism Standards.

SUMMARY:

This final rule is effective August 4, 2021.
FOR FURTHER INFORMATION CONTACT:
Lona Saccomando, 2025790590, CISARegulations@cisa.dhs.gov.
SUPPLEMENTARY INFORMATION:
DATES:

I. Regulatory History
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We did not publish a notice of proposed rulemaking for this rule.
Under Title 5 of the United States Code U.S.C., Section 553bA, the Cybersecurity and Infrastructure Security Agency CISA finds that this final rule is exempt from notice and public comment rulemaking requirements because notice and comment procedures are unnecessary for this final rule under 5 U.S.C.
553bB, as this rule consists of only technical and editorial corrections and these changes will have no substantive effect on the public. Under 5 U.S.C.
553d3, CISA finds that, for the same reasons, good cause exists for making this final rule effective upon publication in the Federal Register.
II. Basis and Purpose CISA is issuing technical, organizational, and conforming amendments to existing regulations in part 27 of title 6 of the Code of Federal Regulations CFR, relating to the
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Chemical Facility Anti-Terrorism Standards CFATS. These technical amendments provide the public with more accurate and current regulatory information, but do not change the effect on the public of these regulations.
This final rule makes technical and editorial corrections to the CFATS
regulations. These changes are necessary to correct errors, change addresses, update titles, and make other non-substantive amendments that improve the clarity of the CFR. This rule does not create or change any substantive requirements.
This final rule is issued under the authority of 5 U.S.C. 552a, 5 U.S.C.
553, and 6 U.S.C. 627.
III. Discussion of the Rule Until 2018, the CFATS program was administered by the Office of Infrastructure Protection of the National Protection and Programs Directorate NPPD of the Department of Homeland Security DHS. In 2018, Congress passed the Cybersecurity and Infrastructure Security Agency Act of 2018, redesignating NPPD as CISA, and establishing CISA as a component of DHS. To account for the organizational changes, throughout the regulatory text of 6 CFR 27, in this rule CISA is replacing the titles for various organizations within the Department, previously responsible for operating the CFATS program, with the appropriate titles of CISA personnel and organizations. We have replaced references to National Protection and Programs and Office of Infrastructure Protection with Cybersecurity and Infrastructure Security Agency. We have replaced references to the Chemical Security Division with Chemical Security. We have also replaced references to the Under Secretary, Assistant Secretary, and Director of the Chemical Security Division with references to the Director, Executive Assistant Director, and Associate Director for Chemical Security, respectively. CISA has also replaced references to the Office of General Counsel of DHS with references to the Office of the Chief Counsel of CISA, where appropriate. These changes have been made throughout 6 CFR part 27. We have also removed the definition of Deputy Secretary because it is not referenced in the regulatory text.
We have replaced references to section 550, which refers to the
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original numbering from the Homeland Security Appropriations Act 2007, with language referring to this part or references to the U.S. Code citation6
U.S.C. 621 et seq.to reflect changes in statutory numbering. We have removed gendered references to officials e.g., his designee, or his staff and used gender-neutral terms where appropriate.
In several sections, CISA has made grammatical or stylistic corrections to fix minor errors in the regulation such as consistent use of the Oxford comma and consistently hyphenating the term high-risk when it is used as an adjective. We discuss select additional specific changes below, and note that this is not an exhaustive list of changes.
For an exhaustive list of changes, please see the amendatory instructions at the end of this document.
In section 27.105, CISA updates the definition of A Placarded Amount to spell out the acronym STQ. In the definition of Alternative Security Program we capitalize the word State.
In the definition of Chemical Security Assessment Tool or CSAT we remove the list of examples from the definition.
CISA is adding a new definition for the term Office of the Chief Counsel to clearly indicate the term refers to the Office of the Chief Counsel within CISA.
In the definition of CUM 100g, CISA is clarifying that the term is used only in the context of chemical weapons themselves, which are a subset of the TheftCW/CWP category. In the definition of Secretary, CISA is replacing the citation to section 550
with a citation to 6 U.S.C. 621 et seq., to make the citation easier to find.
Finally, we are correcting a citation in the definition of Terrorist attack or terrorist incident by replacing a citation to the definition of terrorism or terrorist activity, previously noted as 6 U.S.C.
10115, with a citation to 6 U.S.C.
10116.
In section 27.110b, CISA is rewording the reference to excluded facilities by replacing the existing language with a clear reference to statutory exclusions in 6 U.S.C. 6214
and breaking down the long paragraph on excluded facilities into four subsections to make clear that the regulatory language does not change the scope of the statutory exemption.
In section 27.210, CISA is adjusting the language in paragraph b1 to make clear that the requirement to complete
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