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, 2707 Martin Luther King Jr. Avenue SE, 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 24, 2019, at 84 FR 29636.

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: August 29, 2019.

Christina E. McDonald,

Associate General Counsel for Regulatory Affairs.

Office of the Secretary—Final Rule Stage

Sequence No.

Title

Regulation

Identifier No.

264

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

1601-AA76

265

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

1601-AA78

266

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.

267

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.

268

Requirements for Filing Motions and Administrative Appeals

1615-AB98

269

EB-5 Immigrant Investor Regional Center Program

1615-AC11

270

Removing H-4 Dependent Spouses From the Classes of Aliens Eligible for Employment Authorization

(Reg Plan Seq No. 67)

1615-AC15

271

U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements

(Reg Plan Seq No. 68)

1615-AC18

272

Electronic Processing of Immigration Benefit Requests

(Reg Plan Seq No. 70)

1615-AC20

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

Federal Register

.

U.S. Citizenship and Immigration Services—Completed Actions

Sequence No.

Title

Regulation

Identifier No.

273

Inadmissibility on Public Charge Grounds

1615-AA22

274

EB-5 Immigrant Investor Program Modernization

1615-AC07

U.S. Coast Guard—Proposed Rule Stage

Sequence No.

Title

Regulation

Identifier No.

275

Financial Responsibility—Vessels; Superseded Pollution Funds (USCG-2017-0788)

1625-AC39

U.S. Coast Guard—Long-Term Actions

Sequence No.

Title

Regulation

Identifier No.

276

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.

277

Importer Security Filing and Additional Carrier Requirements

(Section 610 Review)

1651-AA70

278

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.

279

Security Training for Surface Transportation Employees

(Reg Plan Seq No. 85)

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.

280

Visa Security Program Fee

(Reg Plan Seq No. 86)

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.

281

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

1653-AA67

U.S. Immigration and Customs Enforcement—Completed Actions

Sequence No.

Title

Regulation

Identifier No.

282

Adjusting Program Fees for the Student and Exchange Visitor Program

1653-AA74

283

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

1653-AA75

Cybersecurity and Infrastructure Security Agency—Long-Term Actions

Sequence No.

Title

Regulation

Identifier No.

284

Ammonium Nitrate Security Program

1670-AA00

285

Chemical Facility Anti-Terrorism Standards (CFATS)

1670-AA01

DEPARTMENT OF HOMELAND SECURITY (DHS)

Office of the Secretary (OS)

Final Rule Stage

264. 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

09/00/20

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

265. 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 and 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

09/00/20

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

266. 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

09/00/20

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

267. 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

11/00/20

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

268. Requirements for Filing Motions and Administrative Appeals

E.O. 13771 Designation:

Other.

Legal Authority:

5 U.S.C. 552 and 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 are intended to reduce delays in the review and appellate process. This rule will also propose 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 will also solicit public comment on proposed changes to the AAO's appellate jurisdiction.

Timetable:

Action

Date

FR Cite

NPRM

12/00/19

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:

202 272-8377,

Fax:

202 272-1480,

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

.

RIN:

1615-AB98

269. EB-5 Immigrant Investor Regional Center Program

E.O. 13771 Designation:

Other.

Legal Authority:

8 U.S.C. 1153(b)(5); Pub. L. 102-395, secs. 610 and 601(a); Pub. L. 107-273, sec. 11037; Pub. L. 101-649, sec. 121(a); Pub. L. 105-119, sec. 116; Pub. L. 106-396, sec. 402; Pub. L. 108-156, sec. 4; Pub. L. 112-176, sec. 1; Pub. L. 114-113, sec. 575; Pub. L. 114-53, sec. 131; Pub. L. 107-273

Abstract:

The Department of Homeland Security (DHS) is considering making regulatory changes to the EB-5 Immigrant Investor Regional Center Program. DHS issued an Advance Notice of Proposed Rulemaking (ANPRM) to seek comment from the public on several topics, including: (1) The process for initially designating entities as regional centers, (2) a potential requirement for regional centers to utilize an exemplar filing process, (3) continued participation requirements for maintaining regional center designation; and (4) the process for terminating regional center designation. While DHS has gathered some information related to these topics, the ANPRM sought additional information that can help the Department make operational and security updates to the Regional Center Program while minimizing the impact of such changes on regional center operations and EB-5 investors.

Timetable:

Action

Date

FR Cite

ANPRM

01/11/17

82 FR 3211

ANPRM Comment Period End

04/11/17

NPRM

08/00/20

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Brian Hunt, Acting Chief, Business and Foreign Workers Division, Office of Policy and Strategy, Department of Homeland Security, U.S. Citizenship and Immigration Services, 20 Massachusetts Avenue NW, Suite 1200, Washington, DC 20529-2200,

Phone:

202 272-8377,

Fax:

202 272-1480,

Email: brian.j.hunt@uscis.dhs.gov

.

RIN:

1615-AC11

270. Removing H-4 Dependent Spouses From the Classes 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

271. U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements

Regulatory Plan:

This entry is Seq. No. 68 in part II of this issue of the

Federal Register

.

RIN:

1615-AC18

272. Electronic Processing of Immigration Benefit Requests

Regulatory Plan:

This entry is Seq. No. 70 in part II of this issue of the

Federal Register

.

RIN:

1615-AC20

DEPARTMENT OF HOMELAND SECURITY (DHS)

U.S. Citizenship and Immigration Services (USCIS)

Completed Actions

273. Inadmissibility on Public Charge Grounds

E.O. 13771 Designation:

Regulatory.

Legal Authority:

8 U.S.C. 1101 to 1103; 8 U.S.C. 1182 and 1183; . . .

Abstract:

The Department of Homeland Security (DHS) proposed to codify in regulations how it will implement the public charge ground of inadmissibility under 8 U.S.C. 1182(a)(4) on October 10, 2018. After reviewing public feedback on that proposed rule, on August 14, 2019, DHS issued a final rule amending our regulations to prescribe how DHS will determine if an alien is inadmissible on public charge grounds.

Timetable:

Action

Date

FR Cite

NPRM

05/26/99

64 FR 28676

NPRM Comment Period End

07/26/99

NPRM

10/10/18

83 FR 51114

NPRM Comment Period End

12/10/18

Final Rule

08/14/19

84 FR 41292

Final Rule Effective

10/15/19

Final Rule; Correction

10/02/19

84 FR 52357

Final Rule Effective; Correction

10/15/19

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Mark Phillips, Chief, Residence and Naturalization Division, Department of Homeland Security, U.S. Citizenship and Immigration Services, Office of Policy and Strategy, 20 Massachusetts Avenue NW, Washington, DC 20529,

Phone:

202 272-8377,

Fax:

202 272-1480,

Email: mark.phillips@uscis.dhs.gov.

RIN:

1615-AA22

274. EB-5 Immigrant Investor Program Modernization.

E.O. 13771 Designation:

Other.

Legal Authority:

8 U.S.C. 1153(b)(5)

Abstract:

In January 2017, the Department of Homeland Security

(DHS) proposed to amend its regulations governing the employment-based, fifth preference (EB-5) immigrant investor classification. In general, under the EB-5 program, individuals are eligible to apply for lawful permanent residence in the United States if they make the necessary investment in a commercial enterprise in the United States and create or, in certain circumstances, preserve 10 permanent full-time jobs for qualified U.S. workers. This rule sought public comment on a number of proposed changes to the EB-5 program regulations. Such proposed changes included: Raising the minimum investment amount; allowing certain EB-5 petitioners to retain their original priority date; changing the designation process for targeted employment areas; and other miscellaneous changes to filing and interview processes. On July 25, 2019, DHS issued a final rule. This final rule changes certain aspects of the EB-5 program that are in need of reform and updates the regulations to reflect statutory changes and codify existing policies. This final rule makes five major categories of revisions to the existing EB-5 program regulations. Three of these categories, which involve (i) priority date retention; (ii) increasing the investment amounts; and (iii) reforming the TEA designations, are substantive. The two other major categories, focused on (iv) the removal of conditions; and (v) miscellaneous changes, involve generally technical adjustments to the EB-5 program.

Timetable:

Action

Date

FR Cite

NPRM

01/13/17

82 FR 4738

NPRM Comment Period End

04/11/17

Final Rule

07/24/19

84 FR 35750

Final Rule Effective

11/21/19

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Edie Pearson, Division Chief, Policy and Strategic Learning, Department of Homeland Security, U.S. Citizenship and Immigration Services, Immigrant Investor Program Office, 131 M Street NE, Washington, DC 20529-2200,

Phone:

202 272-8377,

Fax:

202 272-1480,

Email: edie.c.pearson@uscis.dhs.gov.

RIN:

1615-AC07

DEPARTMENT OF HOMELAND SECURITY (DHS)

U.S. Coast Guard (USCG)

Proposed Rule Stage

275. 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

12/00/19

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)

Long-Term Actions

276. 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:

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

277. 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 and 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

278. 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

12/00/20

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

279. Security Training for Surface Transportation Employees

Regulatory Plan:

This entry is Seq. No. 85 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

280. Visa Security Program Fee

Regulatory Plan:

This entry is Seq. No. 86 in part II of this issue of the

Federal Register

.

RIN:

1653-AA77

DEPARTMENT OF HOMELAND SECURITY (DHS)

U.S. Immigration and Customs Enforcement (USICE)

Final Rule Stage

281. 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

12/00/19

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

DEPARTMENT OF HOMELAND SECURITY (DHS)

U.S. Immigration and Customs Enforcement (USICE)

Completed Actions

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

E.O. 13771 Designation:

Not subject to, not significant.

Legal Authority:

8 U.S.C. 1372; 8 U.S.C. 1762; 8 U.S.C. 1101; 8 U.S.C. 1356; 31 U.S.C 901 to 903; 31 U.S.C. 902; . . .

Abstract:

This final rule adjusted fees that the Student and Exchange Visitor Program (SEVP) charges individuals and organizations. In 2017, SEVP conducted a comprehensive fee study and determined that current fees do not recover the full costs of the services provided. ICE determined that adjusting fees was necessary to fully recover the increased costs of SEVP operations, program requirements, and to provide the necessary funding to sustain initiatives critical to supporting national security. The SEVP fee schedule was last adjusted in a rule published on September 26, 2008.

Timetable:

Action

Date

FR Cite

NPRM

07/17/18

83 FR 33762

NPRM Comment Period End

09/17/18

Final Action

05/23/19

84 FR 23930

Final Action Effective

06/24/19

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Sharon Snyder, Unit Chief, Policy and Response Unit, Department of Homeland Security, U.S. Immigration and Customs Enforcement, Potomac Center North STOP 5600, 500 12th Street SW, Washington, DC 20536-5600,

Phone:

703 603-5600.

RIN:

1653-AA74

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

E.O. 13771 Designation:

Regulatory.

Legal Authority:

8 U.S.C. 1103; 8 U.S.C. 1182; 8 U.S.C. 1225 to 1227; 8 U.S.C. 1362

Abstract:

In 1985, a class-action suit challenged the policies of the former Immigration and Naturalization Service (INS) relating to the detention, processing, and release of alien children; the case eventually reached the U.S. Supreme Court. The Court upheld the constitutionality of the challenged INS regulations on their face and remanded the case for further proceedings consistent with its opinion. In January 1997, the parties reached a comprehensive settlement agreement, referred to as the Flores Settlement Agreement (FSA). The FSA was to terminate five years after the date of final court approval; however, the termination provisions were modified in 2001, such that the FSA does not terminate until 45 days after publication of regulations implementing the agreement.

Since 1997, intervening statutory changes, including passage of the Homeland Security Act (HSA) and the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA), have significantly changed the applicability of certain provisions of the FSA. The rule codifies the relevant and substantive terms of the FSA and enables the U.S. Government to seek termination of the FSA and litigation concerning its enforcement. Through this rule, DHS and HHS have created a pathway to ensure the humane detention of family units while satisfying the goals of the FSA. The rule also implements related provisions of the TVPRA.

Timetable:

Action

Date

FR Cite

NPRM

09/07/18

83 FR 45486

NPRM Comment Period End

11/06/18

Final Rule

08/23/19

84 FR 44392

Final Rule Effective

10/22/19

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-AA75

DEPARTMENT OF HOMELAND SECURITY (DHS)

Cybersecurity and Infrastructure Security Agency (CISA)

Long-Term Actions

284. 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 titled “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.” In June 2019, DHS published a notice announcing the availability of a redacted version of a technical report titled Ammonium Nitrate Security Program Technical Assessment. Sandia National Laboratories developed the report. DHS requested public comments on the report and its application to the proposed definition of ammonium nitrate. DHS will review and consider all the comments received and then determine the next appropriate steps for this rulemaking.

Timetable:

Action

Date

FR Cite

ANPRM

10/29/08

73 FR 64280

ANPRM 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

06/03/19

84 FR 25495

Notice of Availability Comment Period End

09/03/19

Next Action Undetermined

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Jon MacLaren, Group Leader, Strategic Policy and Rulemaking, Department of Homeland Security, Cybersecurity and Infrastructure Security Agency, Infrastructure Security Compliance Division, 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:

1670-AA00

285. 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. In addition, DHS intends to publish a notice announcing the availability of a retrospective analysis of the data, assumptions, and methodology that were used to support the 2007 CFATS interim final rule. The intent of the retrospective analysis is to determine the most accurate assessment of the costs and burdens of the program and to update or confirm previous cost estimates based on observed data from the operation of the CFATS program since 2007.

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, Cybersecurity and Infrastructure Security Agency, Infrastructure Security Compliance Division, 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:

1670-AA01

[FR Doc. 2019-26540 Filed 12-23-19; 8:45 am]

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