DHS Issues ANPR on Regulatory Program for Secure Handling of Ammonium Nitrate
The Department of Homeland Security has issued an advance notice of proposed rulemaking to solicit comments on its anticipated development of a regulatory program covering the sale and transfer of ammonium nitrate1. Comments are due on or before December 29, 2008.
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Section 563 of the Consolidated Appropriations Act of 2008 (Public Law 110-161), entitled Secure Handling of Ammonium Nitrate, requires DHS 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. P.L. 110-161 provides for the registration of both owners of ammonium nitrate facilities and ammonium nitrate purchasers.
(See ITT's Online Archives or 02/06/08 news, 08020620, for BP summary of P.L. 110-161 regarding the secure handling of ammonium nitrate.)
DHS to Develop Regulatory Program for Sale and Transfer of Ammonium Nitrate
Pursuant to Section 563, DHS will develop and implement a regulatory program covering the sale and transfer of Ammonium Nitrate (AN) for the purpose of preventing the misappropriation or use of AN in acts of terrorism. Consistent with Section 563, DHS expects to include the following categories of activities and sub-activities in that program:
Category 1: Registration Activities (registration applications, terrorist screening database (TSDB) checks, and registration numbers)
Category 2: Point-of-Sale (POS) Activities (seller verification of purchaser's registration and identity, and recordkeeping)
Category 3: Additional Regulatory Activities/Requirements (reporting theft or loss of AN, inspections and audits, and guidance materials and posters)
Category 4: Administrative Activities (appeals and penalties, and establishing a threshold level of AN in a substance)
(See DHS notice for a specific list of topics on which DHS is requesting comments.)
1Ammonium nitrate is a chemical that exists in multiple concentrations and physical forms, each of which may have different security implications. DHS is primarily concerned with AN when used as an explosive or as a fertilizer mixed with fuel oil to create an explosive mixture known as Ammonium Nitrate/Fuel Oil (ANFO).
DHS contact - Dennis Deziel (703) 235-5263
DHS ANPR (D/N DHS 2008-0076, FR Pub 10/29/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-25821.pdf