C.F.R. » Title 6 » CHAPTER I—DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY › PART 27—CHEMICAL FACILITY ANTI-TERRORISM STANDARDS › Subpart B—Chemical Facility Security Program

6 C.F.R. § 27.220

Tiering

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(a) Preliminary determination of risk-based tiering. Based on the information the Department receives in accordance with §§ 27.200 and 27.205 (including information submitted through the Top-Screen process) and following its initial determination in § 27.205(a) that a facility presents a high level of security risk, the Department shall notify a facility of the Department's preliminary determination of the facility's placement in a risk-based tier.

(b) Confirmation or alteration of risk-based tiering. Following review of a covered facility's Security Vulnerability Assessment, the Executive Assistant Director shall notify the covered facility of its final placement within a risk-based tier, or for covered facilities previously notified of a preliminary tiering, confirm or alter such tiering.

(c) The Department shall place covered facilities in one of four risk-based tiers, ranging from highest risk facilities in Tier 1 to lowest risk facilities in Tier 4.

(d) The Executive Assistant Director may provide the facility with guidance regarding the risk-based performance standards and any other necessary guidance materials applicable to its assigned tier.

[72 FR 17729, Apr. 9, 2007, as amended at 86 FR 41892, Aug. 4, 2021]
Notes of Decisions
Cited in 2 cases, 2018–2018 · leading case: Greenpeace, Inc. v. Dep't of Homeland Sec., 311 F. Supp. 3d 110 (D.C. Cir. 2018).
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Greenpeace, Inc. v. Dep't of Homeland Sec., 311 F. Supp. 3d 110 (D.C. Cir. 2018). “SoMF ¶ 3; 6 C.F.R. § 27.220 . DHS makes a final "tiering" decision for each facility after a "security vulnerability assessment.”
Greenpeace, Inc. v. Dep't of Homeland Sec. (D.D.C. 2018). “SoMF ¶ 3; 6 C.F.R. § 27.220 . DHS makes a final “tiering” decision for each facility after a “security vulnerability assessment.”
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