2018-11247. Unified Agenda of Federal Regulatory and Deregulatory Actions  

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    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.

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    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 SW, 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 January 12, 2018, at 83 FR 1872.

    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: February 23, 2018.

    Christina E. McDonald,

    Associate General Counsel for Regulatory Affairs.

    End Signature

    Office of the Secretary—Final Rule Stage

    Sequence No.TitleRegulation Identifier No.
    116Homeland Security Acquisition Regulation: Safeguarding of Controlled Unclassified Sensitive Information (HSAR Case 2015-001)1601-AA76
    117Homeland Security Acquisition Regulation: Information Technology Security Awareness Training (HSAR Case 2015-002)1601-AA78
    118Homeland Security Acquisition Regulation: Privacy Training (HSAR Case 2015-003)1601-AA79

    Office of the Secretary—Long-Term Actions

    Sequence No.TitleRegulation Identifier No.
    119Ammonium Nitrate Security Program1601-AA52
    120Chemical Facility Anti-Terrorism Standards (CFATS)1601-AA69
    121Homeland Security Acquisition Regulation, Enhancement of Whistleblower Protections for Contractor Employees1601-AA72

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

    Sequence No.TitleRegulation Identifier No.
    122Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Aliens Subject to Numerical Limitations1615-AB71
    123Requirements for Filing Motions and Administrative Appeals1615-AB98
    124EB-5 Immigrant Investor Regional Center Program1615-AC11
    125Removing H-4 Dependent Spouses From the Class of Aliens Eligible for Employment Authorization1615-AC15
    Start Printed Page 27139

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

    Sequence No.TitleRegulation Identifier No.
    126EB-5 Immigrant Investor Program Modernization1615-AC07

    U.S. Coast Guard—Proposed Rule Stage

    Sequence No.TitleRegulation Identifier No.
    127Financial Responsibility—Vessels; Superseded Pollution Funds (USCG-2017-0788)1625-AC39

    U.S. Coast Guard—Final Rule Stage

    Sequence No.TitleRegulation Identifier No.
    128Seafarers' Access to Maritime Facilities1625-AC15

    U.S. Coast Guard—Long-Term Actions

    Sequence No.TitleRegulation Identifier No.
    129Commercial Fishing Vessels—Implementation of 2010 and 2012 Legislation1625-AB85

    U.S. Coast Guard—Completed Actions

    Sequence No.TitleRegulation Identifier No.
    130Numbering of Undocumented Barges1625-AA14

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

    Sequence No.TitleRegulation Identifier No.
    131Importer Security Filing and Additional Carrier Requirements (Section 610 Review)1651-AA70
    132Implementation of the Guam-CNMI Visa Waiver Program (Section 610 Review)1651-AA77

    Transportation Security Administration—Final Rule Stage

    Sequence No.TitleRegulation Identifier No.
    133Security Training for Surface Transportation Employees1652-AA55

    Transportation Security Administration—Completed Actions

    Sequence No.TitleRegulation Identifier No.
    134General Aviation Security and Other Aircraft Operator Security1652-AA53

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

    Sequence No.TitleRegulation Identifier No.
    135Procedures and Standards for Declining Surety Immigration Bonds and Administrative Appeal Requirement for Breaches1653-AA67
    Start Printed Page 27140

    Federal Emergency Management Agency—Completed Actions

    Sequence No.TitleRegulation Identifier No.
    136Updates 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)

    Final Rule Stage

    116. 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:

    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 Rule10/00/18

    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

    117. 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 Rule10/00/18

    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

    118. 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 Rule10/00/18

    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

    119. Ammonium Nitrate Security Program

    E.O. 13771 Designation: Other.Start Printed Page 27141

    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, 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

    120. 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, 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

    121. 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: Next Action Undetermined.

    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

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

    E.O. 13771 Designation: Other.

    Legal Authority: 8 U.S.C. 1184(g)

    Abstract: The Department of Homeland Security proposes to amend its regulations governing petitions filed on behalf of alien workers subject to annual numerical limitations. This rule proposes to establish an electronic registration program for petitions subject to numerical limitations for the H-1B nonimmigrant classification. This action is being considered because the demand for H-1B specialty occupation workers by U.S. companies has often exceeded the numerical limitation. This rule is intended to allow U.S. Citizenship and Immigration Services (USCIS) to more efficiently manage the intake and lottery process for these H-1B petitions. The Department published a proposed rule on this topic in 2011. The Department intends to publish an additional proposed rule in 2018. The proposal may include a modified selection process, as outlined in section 5(b) of Executive Order 13788, Buy American and Hire American.

    Timetable:

    ActionDateFR Cite
    NPRM03/03/1176 FR 11686
    NPRM Comment Period End05/02/11
    NPRM07/00/18

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Kevin Cummings, Division Chief, Business and Foreign Workers Division, 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: kevin.j.cummings@uscis.dhs.gov.

    RIN: 1615-AB71

    123. 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 Start Printed Page 27142(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
    NPRM04/00/19

    Regulatory Flexibility Analysis Required: Yes.

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

    RIN: 1615-AB98

    124. 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 all interested stakeholders 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:

    ActionDateFR Cite
    ANPRM01/11/1782 FR 3211
    ANPRM Comment Period End04/11/17
    NPRM03/00/19

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Edie Pearson, Chief of Policy, Immigrant Investor Program Office, Department of Homeland Security, U.S. Citizenship and Immigration Services, 131 M Street NE, Washington, DC 20529-2200, Phone: 202 272-8377.

    RIN: 1615-AC11

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

    E.O. 13771 Designation: Other.

    Legal Authority: 6 U.S.C. 112; 8 U.S.C. 1103(a); 8 U.S.C. 1184(a)(1); 8 U.S.C. 1324a(H)(3)(B)

    Abstract: On February 25, 2015, DHS published a final rule extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status. DHS is publishing this notice of proposed rulemaking to amend that 2015 final rule. DHS is proposing to remove from its regulations certain H-4 spouses of H-1B nonimmigrants as a class of aliens eligible for employment authorization.

    Timetable:

    ActionDateFR Cite
    NPRM06/00/18

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Kevin Cummings, Division Chief, Business and Foreign Workers Division, 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: kevin.j.cummings@uscis.dhs.gov.

    RIN: 1615-AC15

    DEPARTMENT OF HOMELAND SECURITY (DHS)

    U.S. Citizenship and Immigration Services (USCIS)

    Final Rule Stage

    126. 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.

    Timetable:

    ActionDateFR Cite
    NPRM01/13/1782 FR 4738
    NPRM Comment Period End04/11/17
    Final Action08/00/18

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Edie Pearson, Chief of Policy, Immigrant Investor Program Office, Department of Homeland Security, U.S. Citizenship and Immigration Services, 131 M Street NE, Washington, DC 20529-2200, Phone: 202 272-8377.

    RIN: 1615-AC07

    DEPARTMENT OF HOMELAND SECURITY (DHS)

    U.S. Coast Guard (USCG)

    Proposed Rule Stage

    127. 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 Start Printed Page 27143to 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
    NPRM12/00/18

    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

    128. 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 Rule06/00/18

    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

    129. 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:

    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: Mr. Joseph Myers, Project Manager, Department of Homeland Security, U.S. Coast Guard, 2703 Martin Luther King Jr. Ave 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. Coast Guard (USCG)

    Completed Actions

    130. Numbering of Undocumented Barges

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

    Legal Authority: 46 U.S.C. 12301

    Abstract: Title 46 U.S.C. 12301, as amended by the Abandoned Barge Act of 1992, requires that all undocumented barges of more than 100 gross tons operating on the navigable waters of the United States be numbered. This rulemaking would establish a numbering system and user fees for an original or renewed Certificate of Number for these barges. The numbering of undocumented barges allows the Coast Guard to identify the owners of abandoned barges. This rulemaking supports the Coast Guard's broad role and responsibility of protecting natural resources.

    Timetable:

    ActionDateFR Cite
    Request for Comments10/18/9459 FR 52646
    Comment Period End01/17/95
    ANPRM07/06/9863 FR 36384
    ANPRM Comment Period End11/03/98
    NPRM01/11/0166 FR 2385
    NPRM Comment Period End04/11/01
    NPRM Reopening of Comment Period08/12/0469 FR 49844
    NPRM Reopening Comment Period End11/10/04
    Withdrawn02/16/18
    Start Printed Page 27144

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Andrea Heck, Project Manager, Department of Homeland Security, U.S. Coast Guard, National Vessel Documentation Center, 792 T.J. Jackson Drive, Falling Waters, WV 25419, Phone: 304 271-2400, Email: andrea.m.heck@uscg.mil.

    RIN: 1625-AA14

    DEPARTMENT OF HOMELAND SECURITY (DHS)

    U.S. Customs and Border Protection (USCBP)

    Long-Term Actions

    131. 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:

    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 ActionTo 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

    132. 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 Action05/00/19

    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

    DEPARTMENT OF HOMELAND SECURITY (DHS)

    Transportation Security Administration (TSA)

    Final Rule Stage

    133. Security Training for Surface Transportation Employees

    E.O. 13771 Designation: Other.

    Legal Authority: 49 U.S.C. 114; Pub. L. 110-53, secs. 1405, 1408, 1501, 1512, 1517, 1531, and 1534

    Abstract: The 9/11 Act requires security training for employees of higher-risk freight railroad carriers, public transportation agencies (including rail mass transit and bus systems), passenger railroad carriers, and over-the-road bus (OTRB) Start Printed Page 27145companies. This final rule implements the regulatory mandate. Owner/operators of these higher-risk railroads, systems, and companies will be required to train employees performing security-sensitive functions, using a curriculum addressing preparedness and how to observe, assess, and respond to terrorist-related threats and/or incidents. As part of this rulemaking, the Transportation Security Administration (TSA) is expanding its current requirements for rail security coordinators and reporting of significant security concerns (currently limited to freight railroads, passenger railroads, and the rail operations of public transportation systems) to include the bus components of higher-risk public transportation systems and higher-risk OTRB companies. TSA is also adding a definition for Transportation Security-Sensitive Materials (TSSM). Other provisions are being amended or added, as necessary, to implement these additional requirements.

    Timetable:

    ActionDateFR Cite
    NPRM12/16/1681 FR 91336
    NPRM Comment Period End03/16/17
    Final Rule09/00/18

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Chandru (Jack) Kalro, Deputy Director, Surface Division, Department of Homeland Security, Transportation Security Administration, Office of Security Policy and Industry Engagement, 601 South 12th Street, Arlington, VA 20598-6028, Phone: 571 227-1145, Email: surfacefrontoffice@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.

    Traci Klemm, Assistant Chief Counsel, Regulations and Security Standards, Department of Homeland Security, Transportation Security Administration, Office of Chief Counsel, 601 South 12th Street, Arlington, VA 20598-6002, Phone: 571 227-3596, Email: traci.klemm@tsa.dhs.gov.

    RIN: 1652-AA55

    DEPARTMENT OF HOMELAND SECURITY (DHS)

    Transportation Security Administration (TSA)

    Completed Actions

    134. 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 certified 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 Withdrawal03/16/1883 FR 11667

    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.

    Christine Beyer, Senior Counsel, Regulations and Security Standards, Department of Homeland Security, Transportation Security Administration, Office of Chief Counsel, TSA-2, HQ, E12-336N, 601 South 12th Street, Arlington, VA 20598-6002, Phone: 571 227-3653, Email: christine.beyer@tsa.dhs.gov.

    RIN: 1652-AA53

    DEPARTMENT OF HOMELAND SECURITY (DHS)

    U.S. Immigration and Customs Enforcement (USICE)

    Proposed Rule Stage

    135. 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
    NPRM05/00/18
    NPRM Comment Period End07/00/18

    Regulatory Flexibility Analysis Required: Yes.Start Printed Page 27146

    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.

    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)

    Completed Actions

    136. 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 Withdrawal03/06/1883 FR 9473

    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. 2018-11247 Filed 6-8-18; 8:45 am]

    BILLING CODE 9110-9B-P

Document Information

Published:
06/11/2018
Department:
Homeland Security Department
EntryType:
Proposed Rule
Action:
Semiannual regulatory agenda.
Document Number:
2018-11247
Pages:
27137-27146 (10 pages)
Docket Numbers:
DHS Docket No. OGC-RP-04-001
SectionNoes:
PDF File:
2018-11247.pdf