Advanced Notice of Proposed Rulemaking (ANPRM) on the Protected Critical Infrastructure Information (PCII) Program

The Protected Critical Infrastructure Information (PCII) Program published the Advanced Notice of Proposed Rulemaking (ANPRM) in the Federal Register on April 21, 2016, regarding updates to 6 CFR Part 29 “Procedures for Handling Critical Infrastructure Information” Final Rule.

While there are no current changes to the PCII Regulation or Rule and the process by which the Rule is implemented, the ANPRM sought comments, data, research, and/or other information related to the submission, access, dissemination, sharing, and marking of PCII as the Rule was drafted over 10 years ago. The ANPRM helped DHS and the PCII Program gather significant input, data, research, and other information from the public and stakeholders as DHS works to deliver a Notice of Proposed Rulemaking by 2017.

• Congress, under the Critical Infrastructure Information Act of 2002, created the PCII Program which provides a protection regime to private sector critical infrastructure information voluntarily shared with government entities for the purposes of homeland security efforts.
• The ANPRM is a formal platform used to elicit public input that will help the agency make the best decisions about policies and procedures to protect sensitive critical infrastructure information.
• After the 90-day comment period allotted for the ANPRM, the PCII Program will utilize both the interested parties' feedback and the PCII Program's knowledge to draft the Notice of Proposed Rulemaking (NPRM). The public will have an additional opportunity to comment before any changes to 6 CFR Part 29 are finalized.
• The PCII Program rulemaking update follows a schedule directed by the National Protection and Programs Directorate and the Office of General Counsel. The entire rulemaking process—from publishing the ANPRM, to the updated Final Rule—takes approximately two years.

If you have additional questions, please visit the PCII ANPRM Frequently Asked Questions webpage.

Providing Feedback

The public and other interested members had 90 days from April 21, 2016, to provide comments on the ANPRM. The PCII Program held three listening sessions regarding the ANPRM in May to consult with the public and other interested parties concerning the proposed changes to the PCII Final Rule.

The comment period is now closed. The Department will now utilize both the feedback and the PCII Program's knowledge to begin developing the Notice of Proposed Rulemaking (NPRM).

Contact Information

To learn more about how the PCII Program can support your organization’s homeland security efforts, please contact PCII-Assist@hq.dhs.gov.