['Facility Security']
['Chemical Facility Security', 'Terrorism', 'Facility Security']
12/31/2024
...
No, the regulations at 6 CFR 27 have not been withdrawn. However, as of July 28, 2023, Congress allowed the statutory authority for the CFATS program (at 6 CFR 27) to expire. Therefore, even though 6 CFR 27 is still in the Code of Federal Regulations, the Department of Homeland Security’s Cybersecurity & Infrastructure Security Agency (CISA) cannot enforce compliance with the CFATS regulations at this time.
Therefore, regulations written pursuant to CFATS authority are not currently active. While regulatory text for the CFATS regulation 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.
The lapse of CFATS authorization means that CISA cannot require facilities to report their chemicals of interest or submit any information in CSAT, perform inspections, or provide CFATS compliance assistance, amongst other activities. CISA can no longer require facilities to implement their CFATS Site Security Plan or CFATS Alternative Security Program.
It appears that only Congress can reauthorize CFATs. That means a Congressional reauthorization bill would need to pass both the House and Senate and be signed into law by the President. Until that happens, CISA encourages facilities to maintain security measures. Watch for news or developments on the CISA Chemical Facility Anti-Terrorism Standards (CFATS) webpage.
What was CFATS?
CFATS was the nation's first regulatory program focused specifically on security at high-risk chemical facilities. Managed by the CISA, the CFATS program identified and regulated high-risk facilities to ensure security measures were in place to reduce the risk that certain dangerous chemicals are weaponized by terrorists.
Under CFATS, a chemical facility was any establishment or individual that possesses or plans to possess any of the more than 300 chemicals of interest (COI) in 6 CFR 27 Appendix A at or above the listed screening threshold quantity (STQ) and concentration. These facilities were required to report their chemicals to CISA via an online survey, known as a Top-Screen. CISA used the Top-Screen information a facility submitted to determine if the facility is considered high-risk and had to develop a security plan.
The CFATS regulation applied to facilities across many industries — chemical manufacturing, storage and distribution, energy and utilities, agriculture and food, explosives, mining, electronics, plastics, colleges and universities, laboratories, paint and coatings, and healthcare and pharmaceuticals, among others.
For more information, visit the CISA Chemical Facility Anti-Terrorism Standards (CFATS) webpage.
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['Facility Security']
['Chemical Facility Security', 'Terrorism', 'Facility Security']
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