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6 U.S.C. 624; Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L. 114-74, 129 Stat. 599; Pub. L. 113-254, 128 Stat. 2898, as amended by Pub. L. 116-150, 134 Stat. 679.
72 FR 17729, Apr. 9, 2007, unless otherwise noted.
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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]