• Overview
• Development of the Notice of Proposed Rulemaking
• Meeting Schedule

Overview

The Ammonium Nitrate Security Program is a proposed regulation developed by the Department of Homeland Security (DHS) in response to direction from Congress 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." Section 563 of the Fiscal Year (FY) 2008 Department of Homeland Security Appropriations Act (P.L. 110-161) (PDF - 614 pages, 1.69 MB) amends the Homeland Security Act of 2002.

The Ammonium Nitrate Security Program is outlined in the Notice of Proposed Rulemaking (NPRM), and it seeks to reduce the likelihood of a terrorist attack involving misused ammonium nitrate by creating a registration program for purchasers and sellers of ammonium nitrate. Each purchaser and seller will be required to apply for an Ammonium Nitrate (AN) Registered User Number with the Department, and each applicant will be screened against the Terrorist Screening Database (TSDB). Following the screening process, approved individuals will be issued an AN Registered User Number, which will allow them to engage in the sale, purchase, or transfer of ammonium nitrate.

Transactions involving the sale or transfer of ammonium nitrate will be regulated at the point of sale and procedures for reporting a theft or loss of ammonium nitrate will be established. Ammonium nitrate sellers will be required to deny sale or transfer of ammonium nitrate to individuals who:

• Do not possess a valid AN Registered User Number accompanied by a valid photo ID; or
• Are not authorized by a person possessing a valid AN Registered User Number to act on their behalf as an agent.

The regulation will require businesses to keep records of all ammonium nitrate transactions for two years, and DHS may inspect and audit facility records to ensure compliance.

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Development of the Notice of Proposed Rulemaking

The Department published an Advance Notice of Proposed Rulemaking (ANPRM) (PDF - 3 pages, 176 KB) for the Secure Handling of Ammonium Nitrate Program on October 28, 2008 (73 FR 64280). The ANPRM summarized the activities expected to be covered in this proposed regulatory program, including:

• The threshold level of ammonium nitrate in a mixture (for purposes of regulation under the program)
• Purchaser and seller registration activities
• Point of sale activities
• Theft or loss reporting
• Inspections and audits
• Adjudications and appeals
• Civil penalties

The Department has released a Notice of Proposed Rulemaking on August 3, 2011 that contains a proposed rule and the alternatives considered. It also solicits public comment on the proposed approach for the final rule, as well as on various implementation and policy issues related to the Ammonium Nitrate Security Program. The Ammonium Nitrate Security Program NPRM was developed through an extensive effort by the DHS Office of Infrastructure Protection within the National Protection and Programs Directorate (NPPD), in consultation with numerous federal government agencies including the U.S. Department of Agriculture; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and the Federal Bureau of Investigation, as well as multiple state and local government entities.

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Meeting Schedule

The schedule below lists the cities and dates where public meetings will be held for the Ammonium Nitrate Security Program NPRM. Each meeting time is currently scheduled for 10 a.m. to 2 p.m.

More information can be found in the Notice of Public Meetings: Ammonium Nitrate Security Program (PDF, 2 pages – 145 KB), published October 7, 2011, and in the Ammonium Nitrate Security Program NPRM Public Meeting Presentation (PDF, 23 pages - 278 KB).

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