Unified Agenda of Federal Regulatory and Deregulatory Actions

DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Chs. I and II

[DHS Docket No. OGC-RP-04-001]

Unified Agenda of Federal Regulatory and Deregulatory Actions

AGENCY:

Office of the Secretary, DHS.

ACTION:

Semiannual regulatory agenda.

SUMMARY:

This regulatory agenda is a semiannual summary of projected regulations, existing regulations, and completed actions of the Department of Homeland Security (DHS) and its components. This agenda provides the public with information about DHS's regulatory and deregulatory activity. DHS expects that this information will enable the public to be more aware of, and effectively participate in, the Department's regulatory and deregulatory activity. DHS invites the public to submit comments on any aspect of this agenda.

FOR FURTHER INFORMATION CONTACT:

General:

Please direct general comments and inquiries on the agenda to the Regulatory Affairs Law Division, Office of the General Counsel, U.S. Department of Homeland Security, 245 Murray Lane, Mail Stop 0485, Washington, DC 20528-0485.

Specific:

Please direct specific comments and inquiries on individual actions identified in this agenda to the individual listed in the summary portion as the point of contact for that action.

SUPPLEMENTARY INFORMATION:

DHS provides this notice pursuant to the requirements of the Regulatory Flexibility Act (Pub. L. 96-354, Sept. 19, 1980) and Executive Order 12866 “Regulatory Planning and Review” (Sept. 30, 1993) as incorporated in Executive Order 13563 “Improving Regulation and Regulatory Review” (Jan. 18, 2011) and Executive Order 13771 “Reducing Regulation and Controlling Regulatory Costs” (Jan. 30, 2017), which require the Department to publish a semiannual agenda of regulations. The regulatory agenda is a summary of existing and projected regulations as well as actions completed since the publication of the last regulatory agenda for the Department. DHS's last semiannual regulatory agenda was published on June 11, 2018, at 83 FR 27138.

Beginning in fall 2007, the internet became the basic means for disseminating the Unified Agenda. The complete Unified Agenda is available online at

www.reginfo.gov.

The Regulatory Flexibility Act (5 U.S.C. 602) requires Federal agencies to publish their regulatory flexibility agendas in the

Federal Register

. A regulatory flexibility agenda shall contain, among other things, a brief description of the subject area of any rule which is likely to have a significant economic impact on a substantial number of small entities. DHS's printed agenda entries include regulatory actions that are in the Department's regulatory flexibility agenda. Printing of these entries is limited to fields that contain information required by the agenda provisions of the Regulatory Flexibility Act. Additional information on these entries is available in the Unified Agenda published on the internet.

The semiannual agenda of the Department conforms to the Unified Agenda format developed by the Regulatory Information Service Center.

Dated: July 27, 2018.

Christina E. McDonald,

Associate General Counsel for Regulatory Affairs.

Office of the Secretary—Final Rule Stage

Sequence No.

Title

Regulation

Identifier No.

290

Ammonium Nitrate Security Program

1601-AA52

291

Homeland Security Acquisition Regulation: Safeguarding of Controlled Unclassified Sensitive Information (HSAR Case 2015-001)

1601-AA76

292

Homeland Security Acquisition Regulation: Information Technology Security Awareness Training (HSAR Case 2015-002)

1601-AA78

293

Homeland Security Acquisition Regulation: Privacy Training (HSAR Case 2015-003)

1601-AA79

Office of the Secretary—Long-Term Actions

Sequence No.

Title

Regulation

Identifier No.

294

Chemical Facility Anti-Terrorism Standards (CFATS)

1601-AA69

295

Homeland Security Acquisition Regulation, Enhancement of Whistleblower Protections for Contractor Employees

1601-AA72

U.S. Citizenship and Immigration Services—Proposed Rule Stage

Sequence No.

Title

Regulation

Identifier No.

296

Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap Subject Aliens

(Reg Plan Seq No. 63)

1615-AB71

297

Requirements for Filing Motions and Administrative Appeals

1615-AB98

298

EB-5 Immigrant Investor Regional Center Program

(Reg Plan Seq No. 64)

1615-AC11

299

Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization

(Reg Plan Seq No. 67)

1615-AC15

300

U.S. Citizenship and Immigration Services Fee Schedule

1615-AC18

References in boldface appear in The Regulatory Plan in part II of this issue of the

Federal Register

.

U.S. Citizenship and Immigration Services—Final Rule Stage

Sequence No.

Title

Regulation

Identifier No.

301

EB-5 Immigrant Investor Program Modernization

(Reg Plan Seq No. 73)

1615-AC07

References in boldface appear in The Regulatory Plan in part II of this issue of the

Federal Register

.

U.S. Coast Guard—Proposed Rule Stage

Sequence No.

Title

Regulation

Identifier No.

302

Financial Responsibility—Vessels; Superseded Pollution Funds (USCG-2017-0788)

1625-AC39

U.S. Coast Guard—Final Rule Stage

Sequence No.

Title

Regulation

Identifier No.

303

Seafarers' Access to Maritime Facilities

1625-AC15

U.S. Coast Guard—Long-Term Actions

Sequence No.

Title

Regulation

Identifier No.

304

Commercial Fishing Vessels—Implementation of 2010 and 2012 Legislation

1625-AB85

U.S. Customs and Border Protection—Long-Term Actions

Sequence No.

Title

Regulation

Identifier No.

305

Importer Security Filing and Additional Carrier Requirements

(Section 610 Review)

1651-AA70

306

Implementation of the Guam-CNMI Visa Waiver Program

(Section 610 Review)

1651-AA77

Transportation Security Administration—Final Rule Stage

Sequence No.

Title

Regulation

Identifier No.

307

Security Training for Surface Transportation Employees

(Reg Plan Seq No. 82)

1652-AA55

References in boldface appear in The Regulatory Plan in part II of this issue of the

Federal Register

.

U.S. Immigration and Customs Enforcement—Proposed Rule Stage

Sequence No.

Title

Regulation

Identifier No.

308

Apprehension, Processing, Care and Custody of Alien Minors and Unaccompanied Alien Children

(Reg Plan Seq No. 83)

1653-AA75

309

Visa Security Program Fee

1653-AA77

References in boldface appear in The Regulatory Plan in part II of this issue of the

Federal Register

.

U.S. Immigration and Customs Enforcement—Final Rule Stage

Sequence No.

Title

Regulation

Identifier No.

310

Procedures and Standards for Declining Surety Immigration Bonds and Administrative Appeal Requirement for Breaches

1653-AA67

311

Adjusting Program Fees for the Student and Exchange Visitor Program

(Reg Plan Seq No. 85)

1653-AA74

References in boldface appear in The Regulatory Plan in part II of this issue of the

Federal Register

.

DEPARTMENT OF HOMELAND SECURITY (DHS)

Office of the Secretary (OS)

Final Rule Stage

290. Ammonium Nitrate Security Program

E.O. 13771 Designation:

Other.

Legal Authority:

6 U.S.C. 488

et seq.

Abstract:

This rulemaking will implement the December 2007 amendment to the Homeland Security Act entitled “Secure Handling of Ammonium Nitrate.” The amendment requires the Department of Homeland Security 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.” DHS intends to publish a notice announcing the availability of a redacted version of a technical report developed by Sandia National Laboratories titled “Ammonium Nitrate Security Program Technical Assessment.” The report documents Sandia National Laboratories' technical research, testing, and findings related to the feasibility of weaponizing commercially available products containing ammonium nitrate. DHS intends to use this notice to solicit comments on the report and its application to the proposed Ammonium Nitrate Security Program rulemaking.

Timetable:

Action

Date

FR Cite

ANPRM

10/29/08

73 FR 64280

Correction

11/05/08

73 FR 65783

ANPRM Comment Period End

12/29/08

NPRM

08/03/11

76 FR 46908

Notice of Public Meetings

10/07/11

76 FR 62311

Notice of Public Meetings

11/14/11

76 FR 70366

NPRM Comment Period End

12/01/11

Notice of Availability

02/00/19

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Jon MacLaren, Group Leader, Strategic Policy and Rulemaking, Department of Homeland Security, National Protection and Programs Directorate, Infrastructure Security Compliance Division (NPPD/ISCD), 245 Murray Lane SW, Mail Stop 0610, Arlington, VA 20528-0610,

Phone:

703 235-5263,

Fax:

703 603-4935,

Email: jon.m.maclaren@hq.dhs.gov.

RIN:

1601-AA52

291. Homeland Security Acquisition Regulation: Safeguarding of Controlled Unclassified Sensitive Information (HSAR Case 2015-001)

E.O. 13771 Designation:

Fully or Partially Exempt.

Legal Authority:

5 U.S.C. 301 to 302; 41 U.S.C. 1302; 41 U.S.C. 1303; 41 U.S.C. 1707

Abstract:

This Homeland Security Acquisition Regulation (HSAR) rule would implement security and privacy measures to ensure Controlled Unclassified Information (CUI), such as Personally Identifiable Information (PII), is adequately safeguarded by DHS contractors. Specifically, the rule would define key terms, outline security requirements and inspection provisions for contractor information technology (IT) systems that store, process or transmit CUI, institute incident notification and response procedures, and identify post-incident credit monitoring requirements.

Timetable:

Action

Date

FR Cite

NPRM

01/19/17

82 FR 6429

NPRM Comment Period End

03/20/17

NPRM Comment Period Extended

03/20/17

82 FR 14341

NPRM Comment Period Extended End

04/19/17

Final Rule

03/00/19

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Shaundra Duggans, Procurement Analyst, Department of Homeland Security, Office of the Chief Procurement Officer, Acquisition Policy and Legislation, 245 Murray Lane SW, Washington, DC 20528,

Phone:

202 447-0056,

Email: shaundra.duggans@hq.dhs.gov.

Nancy Harvey, Policy Analyst, Department of Homeland Security, Office of the Chief Procurement Officer, Room 3636-15, 301 7th Street SW, Washington, DC 20528,

Phone:

202 447-0956,

Email: nancy.harvey@hq.dhs.gov.

RIN:

1601-AA76

292. Homeland Security Acquisition Regulation: Information Technology Security Awareness Training (HSAR Case 2015-002)

E.O. 13771 Designation:

Fully or Partially Exempt.

Legal Authority:

5 U.S.C. 301 and 302; 41 U.S.C. 1707; 41 U.S.C. 1302; 41 U.S.C. 1303

Abstract:

This Homeland Security Acquisition Regulation (HSAR) rule would standardize information technology security awareness training and DHS Rules of Behavior requirements for contractor and subcontractor employees who access DHS information systems and information resources or contractor-owned and/or operated information systems and information resources capable of collecting, processing, storing, or transmitting controlled unclassified information (CUI).

Timetable:

Action

Date

FR Cite

NPRM

01/19/17

82 FR 6446

NPRM Comment Period End

03/20/17

NPRM Comment Period Extended

03/20/17

82 FR 14341

NPRM Comment Period Extended End

04/19/17

Final Rule

03/00/19

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Shaundra Duggans, Procurement Analyst, Department of Homeland Security, Office of the Chief Procurement Officer, Acquisition Policy and Legislation, 245 Murray Lane SW, Washington, DC 20528,

Phone:

202 447-0056,

Email: shaundra.duggans@hq.dhs.gov.

Nancy Harvey, Policy Analyst, Department of Homeland Security, Office of the Chief Procurement Officer, Room 3636-15, 301 7th Street SW, Washington, DC 20528,

Phone:

202 447-0956,

Email: nancy.harvey@hq.dhs.gov.

RIN:

1601-AA78

293. Homeland Security Acquisition Regulation: Privacy Training (HSAR Case 2015-003)

E.O. 13771 Designation:

Fully or Partially Exempt.

Legal Authority:

5 U.S.C. 301 and 302; 41 U.S.C. 1707; 41 U.S.C. 1702; 41 U.S.C. 1303

Abstract:

This Homeland Security Acquisition Regulation (HSAR) rule would require contractors to complete training that addresses the protection of privacy, in accordance with the Privacy Act of 1974, and the handling and safeguarding of Personally Identifiable Information and Sensitive Personally Identifiable Information.

Timetable:

Action

Date

FR Cite

NPRM

01/19/17

82 FR 6425

NPRM Comment Period End

03/20/17

NPRM Comment Period Extended

03/20/17

82 FR 14341

NPRM Comment Period Extended End

04/19/17

Final Rule

03/00/19

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Candace Lightfoot, Procurement Analyst, Department of Homeland Security, Office of the Chief Procurement Officer, Acquisition Policy and Legislation, Room 3636-15, 301 7th Street SW, Washington, DC 20528,

Phone:

202 447-0082,

Email: candace.lightfoot@hq.dhs.gov.

Nancy Harvey, Policy Analyst, Department of Homeland Security, Office of the Chief Procurement Officer, Room 3636-15, 301 7th Street SW, Washington, DC 20528,

Phone:

202 447-0956,

Email: nancy.harvey@hq.dhs.gov.

RIN:

1601-AA79

DEPARTMENT OF HOMELAND SECURITY (DHS)

Office of the Secretary (OS)

Long-Term Actions

294. Chemical Facility Anti-Terrorism Standards (CFATS)

E.O. 13771 Designation:

Other.

Legal Authority:

6 U.S.C. 621 to 629

Abstract:

The Department of Homeland Security (DHS) previously invited public comment on an advance notice of proposed rulemaking (ANPRM) for potential revisions to the Chemical Facility Anti-Terrorism Standards (CFATS) regulations. The ANPRM provided an opportunity for the public to provide recommendations for possible program changes. DHS is reviewing the public comments received in response to the ANPRM, after which DHS intends to publish a Notice of Proposed Rulemaking.

Timetable:

Action

Date

FR Cite

ANPRM

08/18/14

79 FR 48693

ANPRM Comment Period End

10/17/14

NPRM

To Be Determined

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Jon MacLaren, Group Leader, Strategic Policy and Rulemaking, Department of Homeland Security, National Protection and Programs Directorate, Infrastructure Security Compliance Division (NPPD/ISCD), 245 Murray Lane SW, Mail Stop 0610, Arlington, VA 20528-0610,

Phone:

703 235-5263,

Fax:

703 603-4935,

Email: jon.m.maclaren@hq.dhs.gov.

RIN:

1601-AA69

295. Homeland Security Acquisition Regulation, Enhancement of Whistleblower Protections for Contractor Employees

E.O. 13771 Designation:

Other.

Legal Authority:

sec. 827 of the National Defense Authorization Act (NDAA) for Fiscal Year 2013, (Pub. L. 112-239, enacted January 2, 2013); 41 U.S.C. 1302(a)(2); 41 U.S.C. 1707

Abstract:

The Department of Homeland Security (DHS) is proposing to amend its Homeland Security Acquisition Regulation (HSAR) parts 3003 and 3052 to implement section 827 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2013 (Pub. L. 112-239, enacted January 2, 2013) for the United States Coast Guard (USCG). Section 827 of the NDAA for FY 2013 established enhancements to the Whistleblower Protections for Contractor Employees for all agencies subject to section 2409 of title 10, United States Code, which includes the USCG.

Timetable:

Action

Date

FR Cite

NPRM

10/00/19

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Nancy Harvey, Policy Analyst, Department of Homeland Security, Office of the Chief Procurement Officer, Room 3636-15, 301 7th Street SW, Washington, DC 20528,

Phone:

202 447-0956,

Email: nancy.harvey@hq.dhs.gov.

RIN:

1601-AA72

DEPARTMENT OF HOMELAND SECURITY (DHS)

U.S. Citizenship and Immigration Services (USCIS)

Proposed Rule Stage

296. Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap Subject Aliens

Regulatory Plan:

This entry is Seq. No. 63 in part II of this issue of the

Federal Register

.

RIN:

1615-AB71

297. Requirements for Filing Motions and Administrative Appeals

E.O. 13771 Designation:

Other.

Legal Authority:

5 U.S.C. 552; 5 U.S.C. 552a; 8 U.S.C. 1101; 8 U.S.C. 1103; 8 U.S.C. 1304; 6 U.S.C. 112

Abstract:

This rule proposes to revise the requirements and procedures for the filing of motions and appeals before the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), and its Administrative Appeals Office (AAO). The proposed changes are intended to streamline the existing processes for filing motions and appeals and will reduce delays in the review and appellate process. This rule also proposes additional changes necessitated by the establishment of DHS and its components. The proposed changes are intended to promote simplicity, accessibility, and efficiency in the administration of USCIS appeals and motions. The Department also solicits public comment on proposed changes to the AAO's appellate jurisdiction.

Timetable:

Action

Date

FR Cite

NPRM

04/00/19

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

William K. Renwick, Jr., Acting Deputy Chief, Department of Homeland Security, U.S. Citizenship and Immigration Services, Administrative Appeals Office, 20 Massachusetts Avenue NW, Washington, DC 20529-2090,

Phone:

703 224-4546,

Email: william.k.renwick@uscis.dhs.gov.

RIN:

1615-AB98

298. EB-5 Immigrant Investor Regional Center Program

Regulatory Plan:

This entry is Seq. No. 64 in part II of this issue of the

Federal Register

.

RIN:

1615-AC11

299. Removing H-4 Dependent Spouses From the Class of Aliens Eligible for Employment Authorization

Regulatory Plan:

This entry is Seq. No. 67 in part II of this issue of the

Federal Register

.

RIN:

1615-AC15

300. U.S. Citizenship and Immigration Services Fee Schedule

E.O. 13771 Designation:

Fully or Partially Exempt.

Legal Authority:

8 U.S.C. 1356(m)

Abstract:

The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) is currently engaging in a fee review pursuant to the requirements of the

Chief Financial Officers Act of 1990 (CFO Act), 31 U.S.C. 901-03 and the Immigration and Nationality Act, section 286(m), 8 U.S.C. 1356(m). The CFO Act requires each agency's chief financial officer to “review, on a biennial basis, the fees, royalties, rents, and other charges imposed by the agency for services and things of value it provides, and make recommendations on revising those charges to reflect costs incurred by it in providing those services and things of value.” The results of that fee review may result in a need to adjust the fee schedule for requesting immigration benefits from USCIS.

Timetable:

Action

Date

FR Cite

NPRM

02/00/19

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Joseph D. Moore, Chief Financial Officer, Department of Homeland Security, U.S. Citizenship and Immigration Services, Suite 4018, 20 Massachusetts Avenue NW, Washington, DC 20529,

Phone:

202-272-1969,

Fax:

202-272-1970,

Email:

joseph.moore@uscis.dhs.gov.

RIN:

1615-AC18

DEPARTMENT OF HOMELAND SECURITY (DHS)

U.S. Citizenship and Immigration Services (USCIS)

Final Rule Stage

301. EB-5 Immigrant Investor Program Modernization

Regulatory Plan:

This entry is Seq. No. 73 in part II of this issue of the

Federal Register

.

RIN:

1615-AC07

DEPARTMENT OF HOMELAND SECURITY (DHS)

U.S. Coast Guard (USCG)

Proposed Rule Stage

302. Financial Responsibility—Vessels; Superseded Pollution Funds (USCG-2017-0788)

E.O. 13771 Designation:

Not subject to, not significant.

Legal Authority:

33 U.S.C. 2704; 33 U.S.C. 2716 and 2716a; 42 U.S.C. 9607 to 9609; 6 U.S.C. 552; E.O. 12580; sec. 7(b), 3 CFR, 1987; Comp., p. 193; E.O. 12777, secs. 4 and 5, 3 CFR, 1991 Comp., p. 351, as amended by E.O. 13286, sec. 89, 3; 3 CFR, 2004 Comp., p. 166, and by E.O. 13638, sec. 1, 3 CFR, 2014 Comp., p.227; Department of Homeland; Security Delegation Nos. 0170.1 and 5110, Revision 01

Abstract:

The Coast Guard proposes to amend its rule on vessel financial responsibility to include tank vessels greater than 100 gross tons, to clarify and strengthen the rule's reporting requirements, to conform its rule to current practice, and to remove two superseded regulations. This rulemaking will ensure the Coast Guard has current information when there are significant changes in a vessel's operation, ownership, or evidence of financial responsibility, and reflect current best practices in the Coast Guard's management of the Certificate of Financial Responsibility Program. This rulemaking will also promote the Coast Guard's missions of maritime stewardship, maritime security, and maritime safety.

Timetable:

Action

Date

FR Cite

NPRM

12/00/18

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Benjamin White, Project Manager, National Pollution Funds Center, Department of Homeland Security, U.S. Coast Guard, 2703 Martin Luther King Jr. Avenue SE, STOP 7605, Washington, DC 20593-7605,

Phone:

202-795-6066,

Email: benjamin.h.white@uscg.mil.

RIN:

1625-AC39

DEPARTMENT OF HOMELAND SECURITY (DHS)

U.S. Coast Guard (USCG)

Final Rule Stage

303. Seafarers' Access to Maritime Facilities

E.O. 13771 Designation:

Not subject to, not significant.

Legal Authority:

33 U.S.C. 1226; 33 U.S.C. 1231; Pub. L. 111-281, sec. 811

Abstract:

This regulatory action will implement section 811 of the Coast Guard Authorization Act of 2010 (Pub. L. 111-281), which requires the owner/operator of a facility regulated by the Coast Guard under the Maritime Transportation Security Act of 2002 (Pub. L. 107-295) (MTSA) to provide a system that enables seafarers and certain other individuals to transit between vessels moored at the facility and the facility gate in a timely manner at no cost to the seafarer or other individual. Ensuring that such access through a facility is consistent with the security requirements in MTSA is part of the Coast Guard's Ports, Waterways, and Coastal Security (PWCS) mission.

Timetable:

Action

Date

FR Cite

NPRM

12/29/14

79 FR 77981

NPRM Comment Period Reopened

05/27/15

80 FR 30189

NPRM Comment Period End

07/01/15

Final Rule

10/00/18

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

LCDR Yamaris Barril, Project Manager, Department of Homeland Security, U.S. Coast Guard, 2703 Martin Luther King Jr. Avenue SE, Commandant (CG-FAC-2) STOP 7501, Washington, DC 20593,

Phone:

202-372-1151,

Email: yamaris.d.barril@uscg.mil.

RIN:

1625-AC15

DEPARTMENT OF HOMELAND SECURITY (DHS)

U.S. Coast Guard (USCG)

Long-Term Actions

304. Commercial Fishing Vessels—Implementation of 2010 and 2012 Legislation

E.O. 13771 Designation:

Other.

Legal Authority:

Pub. L. 111-281

Abstract:

The Coast Guard proposes to implement those requirements of 2010 and 2012 legislation that pertain to uninspected commercial fishing industry vessels and that took effect upon enactment of the legislation but that, to be implemented, require amendments to Coast Guard regulations affecting those vessels. The applicability of the regulations is being changed, and new requirements are being added to safety training, equipment, vessel examinations, vessel safety standards, the documentation of maintenance, and the termination of unsafe operations. This rulemaking promotes the Coast Guard's maritime safety mission.

Timetable:

Action

Date

FR Cite

NPRM

06/21/16

81 FR 40437

NPRM Comment Period Extended

08/15/16

81 FR 53986

NPRM Comment Period End

10/19/16

Second NPRM Comment Period End

12/18/16

Final Rule

To Be Determined

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Mr. Joseph Myers, Project Manager, Department of Homeland Security, U.S. Coast Guard, 2703 Martin Luther King Jr. Avenue SE, STOP 7501, Washington, DC 20593-7501,

Phone:

202-372-1249,

Email: joseph.d.myers@uscg.mil.

RIN:

1625-AB85

DEPARTMENT OF HOMELAND SECURITY (DHS)

U.S. Customs and Border Protection (USCBP)

Long-Term Actions

305. Importer Security Filing and Additional Carrier Requirements (Section 610 Review)

E.O. 13771 Designation:

Regulatory.

Legal Authority:

Pub. L. 109-347, sec. 203; 5 U.S.C. 301; 19 U.S.C. 66; 19 U.S.C. 1431; 19 U.S.C. 1433 to 1434; 19 U.S.C. 1624; 19 U.S.C. 2071 (note); 46 U.S.C. 60105

Abstract:

This final rule implements the provisions of section 203 of the Security and Accountability for Every Port Act of 2006. On November 25, 2008, Customs and Border Protection (CBP) published an interim final rule (CBP Dec. 08-46) in the

Federal Register

(73 FR 71730), that finalized most of the provisions proposed in the Notice of Proposed Rulemaking. It requires carrier and importers to provide to CBP, via a CBP approved electronic data interchange system, certain advance information pertaining to cargo brought into the United States by vessel to enable CBP to identify high-risk shipments to prevent smuggling and ensure cargo safety and security. The interim final rule did not finalize six data elements that were identified as areas of potential concern for industry during the rulemaking process and, for which, CBP provided some type of flexibility for compliance with those data elements. CBP solicited public comment on these six data elements and also invited comments on the revised Regulatory Assessment and Final Regulatory Flexibility Analysis. (See 73 FR 71782-85 for regulatory text and 73 CFR 71733-34 for general discussion.) The remaining requirements of the rule were adopted as final.

Timetable:

Action

Date

FR Cite

NPRM

01/02/08

73 FR 90

NPRM Comment Period End

03/03/08

NPRM Comment Period Extended

02/01/08

73 FR 6061

NPRM Comment Period End

03/18/08

Interim Final Rule

11/25/08

73 FR 71730

Interim Final Rule Effective

01/26/09

Interim Final Rule Comment Period End

06/01/09

Correction

07/14/09

74 FR 33920

Correction

12/24/09

74 FR 68376

Final Action

To Be Determined

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Craig Clark, Branch Chief, Advance Data Programs and Cargo Initiatives, Department of Homeland Security, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue NW, Washington, DC 20229,

Phone:

202-344-3052,

Email: craig.clark@cbp.dhs.gov.

RIN:

1651-AA70

306. Implementation of the Guam-CNMI Visa Waiver Program (Section 610 Review)

E.O. 13771 Designation:

Fully or Partially Exempt.

Legal Authority:

Pub. L. 110-229, sec. 702

Abstract:

The interim final rule amends Department of Homeland Security (DHS) regulations to implement section 702 of the Consolidated Natural Resources Act of 2008 (CNRA). This law extends the immigration laws of the United States to the Commonwealth of the Northern Mariana Islands (CNMI) and provides for a joint visa waiver program for travel to Guam and the CNMI. This rule implements section 702 of the CNRA by amending the regulations to replace the current Guam Visa Waiver Program with a new Guam-CNMI Visa Waiver Program. The amended regulations set forth the requirements for nonimmigrant visitors who seek admission for business or pleasure and solely for entry into and stay on Guam or the CNMI without a visa. This rule also establishes six ports of entry in the CNMI for purposes of administering and enforcing the Guam-CNMI Visa Waiver Program. Section 702 of the Consolidated Natural Resources Act of 2008 (CNRA), subject to a transition period, extends the immigration laws of the United States to the Commonwealth of the Northern Mariana Islands (CNMI) and provides for a visa waiver program for travel to Guam and/or the CNMI. On January 16, 2009, the Department of Homeland Security (DHS), Customs and Border Protection (CBP), issued an interim final rule in the

Federal Register

replacing the then-existing Guam Visa Waiver Program with the Guam-CNMI Visa Waiver Program and setting forth the requirements for nonimmigrant visitors seeking admission into Guam and/or the CNMI under the Guam-CNMI Visa Waiver Program. As of November 28, 2009, the Guam-CNMI Visa Waiver Program is operational. This program allows nonimmigrant visitors from eligible countries to seek admission for business or pleasure for entry into Guam and/or the CNMI without a visa for a period of authorized stay not to exceed 45 days. This rulemaking would finalize the January 2009 interim final rule.

Timetable:

Action

Date

FR Cite

Interim Final Rule

01/16/09

74 FR 2824

Interim Final Rule Effective

01/16/09

Interim Final Rule Comment Period End

03/17/09

Technical Amendment; Change of Implementation Date

05/28/09

74 FR 25387

Final Action

12/00/19

Regulatory Flexibility Analysis Required:

No.

Agency Contact:

Cheryl C. Peters, Program Manager, Office of Field Operations, Department of Homeland Security, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue NW, 3.3C-12, Washington, DC 20229,

Phone:

202 344-1707,

Email:

cheryl.c.peters@cbp.dhs.gov

.

RIN:

1651-AA77

DEPARTMENT OF HOMELAND SECURITY (DHS)

Transportation Security Administration (TSA)

Final Rule Stage

307. Security Training for Surface Transportation Employees

Regulatory Plan:

This entry is Seq. No. 82 in part II of this issue of the

Federal Register

.

RIN:

1652-AA55

DEPARTMENT OF HOMELAND SECURITY (DHS)

U.S. Immigration and Customs Enforcement (USICE)

Proposed Rule Stage

308. Apprehension, Processing, Care and Custody of Alien Minors and Unaccompanied Alien Children

Regulatory Plan:

This entry is Seq. No. 83 in part II of this issue of the

Federal Register

.

RIN:

1653-AA75

309. Visa Security Program Fee

E.O. 13771 Designation:

Other.

Legal Authority:

8 U.S.C. 1356

Abstract:

ICE seeks to enable the expansion of the Visa Security Program (VSP) by proposing the VSP be moved to a user-fee funded model (as opposed to relying on appropriations). The VSP leverages resources in the National Capital Region (NCR) and at U.S. diplomatic posts overseas to vet and screen visa applicants; identifies and prevents the travel of those who constitute potential national security and/or public safety threats; and launches investigations into criminal and/or terrorist affiliated networks operating in the U.S. and abroad. The fees collected as a result of this rule would fund an expansion of the VSP, enabling ICE to extend visa security screening and vetting operations and investigative efforts to more visa-issuing posts overseas, and in turn, enhance the U.S. government's ability to prevent travel to the United States by those who pose a threat to the national security interests of the U.S.

Timetable:

Action

Date

FR Cite

NPRM

02/00/19

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Austin Moore, Unit Chief, Department of Homeland Security, U.S. Immigration and Customs Enforcement, 500 12th Street SW, Washington, DC 20536,

Phone:

703 287-6913,

Email: austin.l.moore@ice.dhs.gov

.

RIN:

1653-AA77

DEPARTMENT OF HOMELAND SECURITY (DHS)

U.S. Immigration and Customs Enforcement (USICE)

Final Rule Stage

310. Procedures and Standards for Declining Surety Immigration Bonds and Administrative Appeal Requirement for Breaches

E.O. 13771 Designation:

Not subject to, not significant.

Legal Authority:

8 U.S.C. 1103

Abstract:

U.S. Immigration and Customs Enforcement (ICE) proposes to set forth standards and procedures ICE will follow before making a determination to stop accepting immigration bonds posted by a surety company that has been certified to issue bonds by the Department of the Treasury when the company does not cure deficient performance. Treasury administers the Federal corporate surety program and, in its current regulations, allows agencies to prescribe “for cause” standards and procedures for declining to accept new bonds from Treasury-certified sureties. ICE would also require surety companies seeking to overturn a breach determination to file an administrative appeal raising all legal and factual defenses.

Timetable:

Action

Date

FR Cite

NPRM

06/05/18

83 FR 25951

NPRM Comment Period End

08/06/18

Final Action

12/00/18

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Mark Lawyer, Chief, Regulations, Department of Homeland Security, U.S. Immigration and Customs Enforcement, 500 12th Street SW, Mail Stop 5006, Washington, DC 20536,

Phone:

202 732-5683,

Email:

mark.lawyer@ice.dhs.gov

.

RIN:

1653-AA67

311. Adjusting Program Fees for the Student and Exchange Visitor Program

Regulatory Plan:

This entry is Seq. No. 85 in part II of this issue of the

Federal Register

.

RIN:

1653-AA74

[FR Doc. 2018-24158 Filed 11-15-18; 8:45 am]

BILLING CODE 9110-9B-P