2017-28212. Unified Agenda of Federal Regulatory and Deregulatory Actions  

  • Start Preamble Start Printed Page 1872

    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.

    Start Further Info

    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.

    End Further Info End Preamble Start Supplemental Information

    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 August 24, 2017, at 82 FR 40290.

    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.

    Start Signature

    Dated: September 29, 2017.

    Christina E. McDonald,

    Associate General Counsel for Regulatory Affairs.

    End Signature

    Office of the Secretary—Long-Term Actions

    Sequence No.TitleRegulation Identifier No.
    263Ammonium Nitrate Security Program1601-AA52
    264Chemical Facility Anti-Terrorism Standards (CFATS)1601-AA69
    265Homeland Security Acquisition Regulation, Enhancement of Whistleblower Protections for Contractor Employees1601-AA72
    266Homeland Security Acquisition Regulation: Safeguarding of Controlled Unclassified Sensitive Information (HSAR Case 2015-001)1601-AA76
    267Homeland Security Acquisition Regulation: Information Technology Security Awareness Training (HSAR Case 2015-002)1601-AA78
    268Homeland Security Acquisition Regulation: Privacy Training (HSAR Case 2015-003)1601-AA79

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

    Sequence No.TitleRegulation Identifier No.
    269Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Aliens Subject to Numerical Limitations (Reg Plan Seq No. 44)1615-AB71
    270Requirements for Filing Motions and Administrative Appeals1615-AB98
    271EB-5 Immigrant Investor Regional Center Program (Reg Plan Seq No. 46)1615-AC11
    272Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization (Reg Plan Seq No. 48)1615-AC15
    References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.
    Start Printed Page 1873

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

    Sequence No.TitleRegulation Identifier No.
    273EB-5 Immigrant Investor Program Modernization (Reg Plan Seq No. 49)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.TitleRegulation Identifier No.
    274Financial Responsibility—Vessels; Superseded Pollution Funds (USCG-2017-0788)1625-AC39

    U.S. Coast Guard—Final Rule Stage

    Sequence No.TitleRegulation Identifier No.
    275Seafarers' Access to Maritime Facilities1625-AC15

    U.S. Coast Guard—Long-Term Actions

    Sequence No.TitleRegulation Identifier No.
    276Outer Continental Shelf Activities1625-AA18
    277Commercial Fishing Vessels—Implementation of 2010 and 2012 Legislation1625-AB85

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

    Sequence No.TitleRegulation Identifier No.
    278Importer Security Filing and Additional Carrier Requirements (Section 610 Review)1651-AA70
    279Implementation of the Guam-CNMI Visa Waiver Program (Section 610 Review)1651-AA77

    U.S. Customs and Border Protection—Completed Actions

    Sequence No.TitleRegulation Identifier No.
    280Waiver of Passport and Visa Requirements Due to an Unforeseen Emergency1651-AA97

    Transportation Security Administration—Proposed Rule Stage

    Sequence No.TitleRegulation Identifier No.
    281General Aviation Security and Other Aircraft Operator Security1652-AA53

    Transportation Security Administration—Final Rule Stage

    Sequence No.TitleRegulation Identifier No.
    282Security Training for Surface Transportation Employees (Reg Plan Seq No. 57)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.TitleRegulation Identifier No.
    283Procedures and Standards for Declining Surety Immigration Bonds and Administrative Appeal Requirement for Breaches1653-AA67
    Start Printed Page 1874

    Federal Emergency Management Agency—Proposed Rule Stage

    Sequence No.TitleRegulation Identifier No.
    284Updates to Floodplain Management and Protection of Wetlands Regulations to Implement Executive Order 13690 and the Federal Flood Risk Management Standard1660-AA85

    DEPARTMENT OF HOMELAND SECURITY (DHS)

    Office of the Secretary (OS)

    Long-Term Actions

    263. 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.”

    Timetable:

    ActionDateFR Cite
    ANPRM10/29/0873 FR 64280
    Correction11/05/0873 FR 65783
    ANPRM Comment Period End12/29/08
    NPRM08/03/1176 FR 46908
    Notice of Public Meetings10/07/1176 FR 62311
    Notice of Public Meetings11/14/1176 FR 70366
    NPRM Comment Period End12/01/11
    Next Action Undetermined

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Jon MacLaren, Chief, Rulemaking Section, Department of Homeland Security, National Protection and Programs Directorate, Infrastructure Security Compliance Division (NPPD/ISCD), 245 Murray Lane, 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

    264. 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:

    ActionDateFR Cite
    ANPRM08/18/1479 FR 48693
    ANPRM Comment Period End10/17/14
    NPRMTo Be Determined

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Jon MacLaren, Chief, Rulemaking Section, Department of Homeland Security, National Protection and Programs Directorate, Infrastructure Security Compliance Division (NPPD/ISCD), 245 Murray Lane, 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

    265. 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:

    ActionDateFR Cite
    NPRMTo Be Determined

    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

    266. 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 adequate security and privacy measures to safeguard Controlled Unclassified Information (CUI), such as Personally Identifiable Information (PII), for DHS contractors. Specifically, the rule would define key terms, outline security requirements and inspection provisions for contractor information technology (IT) systems that store or process sensitive information, institute incident notification and response procedures, and identify post-incident credit monitoring requirements.

    Timetable:

    ActionDateFR Cite
    NPRM01/19/1782 FR 6429
    NPRM Comment Period End03/20/17
    NPRM Comment Period Extended03/20/1782 FR 14341
    NPRM Comment Period Extended End04/19/17
    Final RuleTo Be Determined

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Shaundra Duggans, Procurement Analyst, Department of Homeland Security, Office of the Chief Procurement Officer, Acquisition Policy Start Printed Page 1875and Legislation, Room 3114, 245 Murray Lane, 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

    267. 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:

    ActionDateFR Cite
    NPRM01/19/1782 FR 6446
    NPRM Comment Period End03/20/17
    NPRM Comment Period Extended03/20/1782 FR 14341
    NPRM Comment Period Extended End04/19/17
    Final RuleTo Be Determined

    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, Room 3114, 245 Murray Lane, 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

    268. 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:

    ActionDateFR Cite
    NPRM01/19/1782 FR 6425
    NPRM Comment Period End03/20/17
    NPRM Comment Period Extended03/20/1782 FR 14341
    NPRM Comment Period Extended End04/19/17
    Final RuleTo Be Determined

    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)

    U.S. Citizenship and Immigration Services (USCIS)

    Proposed Rule Stage

    269. Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Aliens Subject to Numerical Limitations

    Regulatory Plan: This entry is Seq. No. 44 in part II of this issue of the Federal Register.

    RIN: 1615-AB71

    270. 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:

    ActionDateFR Cite
    NPRM09/00/18

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Charles “Locky” Nimick, Deputy Chief, Department of Homeland Security, U.S. Citizenship and Immigration Services, Administrative Appeals Office, 20 Massachusetts Avenue NW, Washington, DC 20529-2090, Phone: 703 224-4501, Email: charles.nimick@usics.dhs.gov.

    RIN: 1615-AB98

    271. EB-5 Immigrant Investor Regional Center Program

    Regulatory Plan: This entry is Seq. No. 46 in part II of this issue of the Federal Register.

    RIN: 1615-AC11

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

    Regulatory Plan: This entry is Seq. No. 48 in part II of this issue of the Federal Register.

    RIN: 1615-AC15

    Start Printed Page 1876

    DEPARTMENT OF HOMELAND SECURITY (DHS)

    U.S. Citizenship and Immigration Services (USCIS)

    Final Rule Stage

    273. EB-5 Immigrant Investor Program Modernization

    Regulatory Plan: This entry is Seq. No. 49 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

    274. • 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:

    ActionDateFR Cite
    NPRM12/00/17

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Benjamin White, Project Manager, National Pollution Funds Center, Department of Homeland Security, U.S. Coast Guard, NPFC MS 7100, 4200 Wilson Boulevard, Arlington, VA 20598-7100, Phone: 202 493-6863, Email: benjamin.h.white@uscg.mil.

    RIN: 1625-AC39

    DEPARTMENT OF HOMELAND SECURITY (DHS)

    U.S. Coast Guard (USCG)

    Final Rule Stage

    275. 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:

    ActionDateFR Cite
    NPRM12/29/1479 FR 77981
    NPRM Comment Period Reopened05/27/1580 FR 30189
    NPRM Comment Period End07/01/15
    Final Rule01/00/18

    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

    276. Outer Continental Shelf Activities

    E.O. 13771 Designation: Other.

    Legal Authority: 43 U.S.C. 1333(d)(1); 43 U.S.C. 1348(c); 43 U.S.C. 1356; DHS Delegation No 0170.1

    Abstract: The Coast Guard is the lead Federal agency for workplace safety and health on facilities and vessels engaged in the exploration for, or development, or production of, minerals on the Outer Continental Shelf (OCS), other than for matters generally related to drilling and production that are regulated by the Bureau of Safety and Environmental Enforcement (BSEE). This project would revise the regulations on OCS activities by: (1) Adding new requirements, for OCS units for lifesaving, fire protection, training, and helidecks; (2) providing for USCG acceptance and approval of specified classification society plan reviews, inspections, audits, and surveys; and (3) requiring foreign vessels engaged in OCS activities to comply with rules similar to those imposed on U.S. vessels similarly engaged. This project would affect the owners and operators of facilities and vessels engaged in offshore activities.

    Timetable:

    ActionDateFR Cite
    Request for Comments06/27/9560 FR 33185
    Comment Period End09/25/95
    NPRM12/07/9964 FR 68416
    NPRM Correction02/22/0065 FR 8671
    NPRM Comment Period Extended03/16/0065 FR 14226
    NPRM Comment Period Extended06/30/0065 FR 40559
    NPRM Comment Period End11/30/00
    Next Action UndeterminedTo Be Determined

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Charles Rawson, Project Manager, Department of Homeland Security, U.S. Coast Guard, Commandant (CG-ENG-2), 2703 Martin Luther King Jr. Avenue SE, STOP 7509, Washington, DC 20593-7509, Phone: 202 372-1390, Email: charles.e.rawson@uscg.mil.

    RIN: 1625-AA18

    277. 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 Start Printed Page 1877upon 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:

    ActionDateFR Cite
    NPRM06/21/1681 FR 40437
    NPRM Comment Period Extended08/15/1681 FR 53986
    NPRM Comment Period End10/19/16
    Second NPRM Comment Period End12/18/16
    Final RuleTo Be Determined

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Jack Kemerer, Project Manager, CG-CVC-3, 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: jack.a.kemerer@uscg.mil.

    RIN: 1625-AB85

    DEPARTMENT OF HOMELAND SECURITY (DHS)

    U.S. Customs and Border Protection (USCBP)

    Long-Term Actions

    278. 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 NPRM. 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:

    ActionDateFR Cite
    NPRM01/02/0873 FR 90
    NPRM Comment Period End03/03/08
    NPRM Comment Period Extended02/01/0873 FR 6061
    NPRM Comment Period End03/18/08
    Interim Final Rule11/25/0873 FR 71730
    Interim Final Rule Effective01/26/09
    Interim Final Rule Comment Period End06/01/09
    Correction07/14/0974 FR 33920
    Correction12/24/0974 FR 68376
    Final Action03/00/19

    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

    279. 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:

    ActionDateFR Cite
    Interim Final Rule01/16/0974 FR 2824
    Interim Final Rule Effective01/16/09
    Interim Final Rule Comment Period End03/17/09
    Technical Amendment; Change of Implementation Date05/28/0974 FR 25387
    Final Action11/00/18

    Regulatory Flexibility Analysis Required: No.

    Agency Contact: Stephanie Watson, Supervisory Program Manager, Department of Homeland Security, U.S. Customs and Border Protection, Office of Field Operations, 1300 Pennsylvania Avenue NW, 2.5B-38, Washington, DC 20229, Phone: 202 325-4548, Email: stephanie.e.watson@cbp.dhs.gov.

    RIN: 1651-AA77

    Start Printed Page 1878

    DEPARTMENT OF HOMELAND SECURITY (DHS)

    U.S. Customs and Border Protection (USCBP)

    Completed Actions

    280. Waiver of Passport and VISA Requirements Due to an Unforeseen Emergency

    E.O. 13771 Designation: Not subject to, not significant.

    Legal Authority: 212(a)(7)(B) INA 8 U.S.C. 1182(a)(7)

    Abstract: This rule reinstates a 1996 amendment to 8 CFR 212.1(g) regarding a waiver of documentary requirements for nonimmigrants seeking admission to the United States. The 1996 amendment allowed the former Immigration and Naturalization Service (INS) to waive passport and visa requirements due to an unforeseen emergency while preserving its ability to fine carriers for unlawfully transporting aliens to the United States who do not have a valid passport or visa. On November 20, 2009, the United States Court of Appeals for the Second Circuit invalidated the 1996 amendment based on procedural grounds.

    Timetable:

    ActionDateFR Cite
    NPRM03/08/1681 FR 12032
    NPRM Comment Period End05/09/16
    Final Rule09/05/1782 FR 41867
    Final Rule Effective10/05/17

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Joseph R. O'Donnell, Program Manager, Fines, Penalties and Forfeitures Division, Department of Homeland Security, U.S. Customs and Border Protection, Office of Field Operations, 1300 Pennsylvania Avenue NW, Washington, DC 20229, Phone: 202 344-1691, Email: joseph.r.odonnell@dhs.gov.

    RIN: 1651-AA97

    DEPARTMENT OF HOMELAND SECURITY (DHS)

    Transportation Security Administration (TSA)

    Proposed Rule Stage

    281. General Aviation Security and Other Aircraft Operator Security

    E.O. 13771 Designation: Deregulatory.

    Legal Authority: 6 U.S.C. 469; 18 U.S.C. 842; 18 U.S.C. 845; 46 U.S.C. 70102 to 70106; 46 U.S.C. 70117; 49 U.S.C. 114; 49 U.S.C. 114(f)(3); 49 U.S.C. 5103; 49 U.S.C. 5103a; 49 U.S.C. 40113; 49 U.S.C. 44901 to 44907; 49 U.S.C. 44913 to 44914; 49 U.S.C. 44916 to 44918; 49 U.S.C. 44932; 49 U.S.C. 44935 to 44936; 49 U.S.C. 44942; 49 U.S.C. 46105

    Abstract: On October 30, 2008, the Transportation Security Administration (TSA) issued a notice of proposed rulemaking (NPRM), proposing to amend current aviation transportation security regulations to enhance the security of general aviation by expanding the scope of current requirements, and by adding new requirements for certain large aircraft operators and airports serving those aircraft. TSA also proposed that all aircraft operations, including corporate and private charter operations, with aircraft having a maximum certificated takeoff weight (MTOW) above 12,500 pounds (large aircraft) be required to adopt a large aircraft security program. TSA also proposed to require certain airports that serve large aircraft to adopt security programs. TSA has decided to not pursue this rulemaking.

    Timetable:

    ActionDateFR Cite
    NPRM10/30/0873 FR 64790
    NPRM Comment Period End12/29/08
    Notice—NPRM Comment Period Extended11/25/0873 FR 71590
    NPRM Extended Comment Period End02/27/09
    Notice—Public Meetings; Requests for Comments12/18/0873 FR 77045
    Notice of Withdrawal01/00/18

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Kevin Knott, Branch Manager, Industry Engagement Branch—Aviation Division, Department of Homeland Security, Transportation Security Administration, Office of Security Policy and Industry Engagement, 601 South 12th Street, Arlington, VA 20598-6028, Phone: 571 227-4370, Email: kevin.knott@tsa.dhs.gov.

    Alex Moscoso, Chief Economist, Economic Analysis Branch—Cross Modal Division, Department of Homeland Security, Transportation Security Administration, Office of Security Policy and Industry Engagement, 601 South 12th Street, Arlington, VA 20598-6028, Phone: 571 227-5839, Email: alex.moscoso@tsa.dhs.gov.

    Mardi Ruth Thompson, Senior Counsel, Regulations and Security Standards, Department of Homeland Security, Transportation Security Administration, Office of the Chief Counsel, 601 South 12th Street, Arlington, VA 20598-6002, Phone: 202 365-1850, Fax: 571 227-1379, Email: mardi.thompson@tsa.dhs.gov.

    RIN: 1652-AA53

    DEPARTMENT OF HOMELAND SECURITY (DHS)

    Transportation Security Administration (TSA)

    Final Rule Stage

    282. Security Training for Surface Transportation Employees

    Regulatory Plan: This entry is Seq. No. 57 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

    283. 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 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:

    ActionDateFR Cite
    NPRM11/00/17
    Start Printed Page 1879

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Beth Cook, Deputy Chief, Office of the Principal Legal Advisor, Department of Homeland Security, U.S. Immigration and Customs Enforcement, Suite 200, 166 Sycamore Street, Williston, VT 05495, Phone: 802 288-7742, Email: beth.e.cook@ice.dhs.gov.

    Molly Stubbs, ICE Regulatory Coordinator, Department of Homeland Security, U.S. Immigration and Customs Enforcement, 500 12th Street SW, Washington, DC 20536, Phone: 202 732-6202, Email: molly.stubbs@ice.dhs.gov.

    Brad Tuttle, Attorney Advisor, Department of Homeland Security, U.S. Immigration and Customs Enforcement, 500 12th Street SW, Washington, DC 20536, Phone: 202 732-5000, Email: bradley.c.tuttle@ice.dhs.gov.

    RIN: 1653-AA67

    DEPARTMENT OF HOMELAND SECURITY (DHS)

    Federal Emergency Management Agency (FEMA)

    Proposed Rule Stage

    284. Updates to Floodplain Management and Protection of Wetlands Regulations To Implement Executive Order 13690 and the Federal Flood Risk Management Standard

    E.O. 13771 Designation: Deregulatory.

    Legal Authority: E.O. 11988, as amended; 42 U.S.C. 5201; 6 U.S.C. 101 et seq.; . . .

    Abstract: The Federal Emergency Management Agency (FEMA) plans to withdraw a notice of proposed rulemaking (NPRM) that published on August 22, 2016. The NPRM proposed changes to FEMA's “Floodplain Management and Protection of Wetlands” regulations to implement Executive Order 13690, which established the Federal Flood Risk Management Standard (FFRMS). FEMA also plans to withdraw a proposed supplementary policy (FEMA Policy: 078-3), which clarified how FEMA would apply the FFRMS. On August 15, 2017, the President issued Executive Order 13807, which revoked Executive Order 13690. Accordingly, FEMA plans to withdraw the NPRM and proposed supplementary policy.

    Timetable:

    ActionDateFR Cite
    NPRM08/22/1681 FR 57401
    NPRM Comment Period End10/21/16
    Notice of Withdrawal03/00/18

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Kristin Fontenot, Office of Environmental and Historic Preservation, Department of Homeland Security, Federal Emergency Management Agency, 400 C Street SW, Washington, DC 20472, Phone: 202 646-2741, Email: kristin.fontenot@fema.dhs.gov.

    RIN: 1660-AA85

    End Supplemental Information

    [FR Doc. 2017-28212 Filed 1-11-18; 8:45 am]

    BILLING CODE 9110-9B-P

Document Information

Published:
01/12/2018
Department:
Homeland Security Department
EntryType:
Uncategorized Document
Action:
Semiannual regulatory agenda.
Document Number:
2017-28212
Pages:
1872-1879 (8 pages)
Docket Numbers:
DHS Docket No. OGC-RP-04-001
SectionNoes:
PDF File:
2017-28212.pdf