As previously reported, in August the Department of Homeland Security (DHS) published an Ammonium Nitrate Security Program (AN Security Program) Notice of Proposed Rulemaking (NPRM). The Fertilizer Institute (TFI), which represents the nation’s fertilizer producers, importers, retailers, wholesalers and companies that provide services to the fertilizer industry, recently submitted comments in response to the NPRM. The comments specifically address TFI’s concerns regarding the NPRM’s collection of information requirements under the Paperwork Reduction Act (PRA).
The PRA was enacted to reduce the total amount of paperwork handled by the government and general public. It requires federal agencies to obtain Office of Management and Budget approval before implementing new rules and regulations that collect information from the public.
TFI’s comments indicate it is concerned that DHS has underestimated the number of respondents that will be required to submit information under the AN Security Program. It specifically identifies several definitional ambiguities in the NPRM that could significantly alter the information collection burden. For instance, TFI notes that DHS’s misunderstanding of the technical distinction between “mixtures” of Ammonium Nitrate and “blends” of Ammonium Nitrate could potentially “…overwhelm DHS and the regulated community with information collection for a vast number of small, routine transactions within the horticulture industry (e.g., among greenhouses, nurseries, and their customers).”
A number of companies and trade organizations, including the Society of Chemical Manufacturers & Affiliates (SOCMA), have also submitted comments on the AN Security Program NPRM. TFI intends to submit additional detailed comments about the substantive provisions of the NPRM in the near future. This is a good opportunity for your company to provide commentary, Note that, DHS will continue to accept NPRM comments from interested parties through December 1, 2011. Comments may be submitted electronically at http://www.regulations.gov under the docket number 2008-0076.
~ Ryan Loughin
Copyright © ADT Security Services, Inc. 2011 - All Rights
Reserved. Legal Disclaimer - Some of the individuals posting to this
site, including the moderators, work for ADT Security Services, Inc.
Opinions expressed here and in any corresponding comments are the
personal opinions of the original authors, not of ADT Security Services,
Inc. The content is provided for informational purposes only and is not
meant to be an endorsement or representation by ADT Security Services,
Inc. or any other party. This site is available to the public. No
information you consider confidential should be posted to this site. By
posting you agree to be solely responsible for the content of all
information you contribute, link to, or otherwise upload to the Website
and release ADT Security Services, Inc. from any liability related to
your use of the Website. You also grant to ADT Security Services, Inc. a
worldwide, perpetual, irrevocable, royalty-free and fully-paid,
transferable (including rights to sublicense) right to exercise all
copyright, publicity, and moral rights with respect to any original
content you provide. The comments are moderated. Comments will appear as
soon as they are approved by the moderator.