Chemical Facility Anti-Terrorism Standards (CFATS) Advisory Opinion 2016-003
CFATS Announcement
As of July 28, 2023, Congress has allowed the statutory authority for the Chemical Facility Anti-Terrorism Standards (CFATS) program (6 CFR Part 27) to expire.
Therefore, CISA cannot enforce compliance with the CFATS regulations at this time. This means that CISA will not 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.
CISA encourages facilities to maintain security measures. CISA’s voluntary ChemLock resources are available on the ChemLock webpages.
If CFATS is reauthorized, CISA will follow up with facilities in the future. To reach us, please contact CFATS@hq.dhs.gov.
This is the Chemical Facility Anti-Terrorism Standards (CFATS) Advisory Opinion 2016-003: "Transportation Packaging" Interpretation.
Summary: 6 CFR 27.203(c) requires facilities to include only theft/diversion (T/D) chemicals of interest (COI) that are in transportation packaging, as defined in 49 CFR 171.8, when determining whether their holdings and COI are at or above the screening threshold quantity (STQ). The Agency has received multiple inquiries from the stakeholder community requesting clarification of the term “transportation packaging.” This advisory opinion contains the Agency's interpretation of the term as it is used in the CFATS regulations and is not intended to impact the meaning or applicability of any other regulation, including the Hazardous Materials Regulations.