40074 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 

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 all current and 

projected rulemakings, existing 

regulations, and completed actions of 

the Department of Homeland Security 

(DHS) and its components. This agenda 

provides the public with information 

about DHS’ regulatory activity. DHS 

expects that this information will enable 

the public to be more aware of, and 

effectively participate in, the 

Department’s regulatory activity. DHS 

invites the public to submit comments 

on any aspect of this agenda. 

FOR FURTHER INFORMATION CONTACT: 

General 

Please direct general comments and 

inquiries on the agenda to the 

Regulatory Affairs Law Division, Office 

of the General Counsel, U.S. Department 

of Homeland Security, 245 Murray 

Lane, Mail Stop 0485, Washington, DC 

20528–0485. 

Specific 

Please direct specific comments and 

inquiries on individual regulatory 

actions identified in this agenda to the 

individual listed in the summary of the 

regulation as the point of contact for 

that regulation. 

SUPPLEMENTARY INFORMATION: DHS 

provides this notice pursuant to the 

requirements of the Regulatory 

Flexibility Act (Pub. L. 96–354, 

September 19, 1980) and Executive 

Order 12866, ‘‘Regulatory Planning and 

Review’’ (September 30, 1993), which 

require the Department to publish a 

semiannual agenda of regulations. The 

regulatory agenda is a summary of all 

current and projected rulemakings, as 

well as actions completed since the 

publication of the last regulatory agenda 

for the Department. DHS’ last 

semiannual regulatory agenda was 

published on December 20, 2010, at 75 

FR 79788. 

Beginning in the 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 

agenda 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’ 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: February 23, 2011. 

Christina E. McDonald, 

Acting Associate General Counsel for 

Regulatory Affairs. 

U.S. CITIZENSHIP AND IMMIGRATION SERVICES—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

211 .................... Registration Requirement for Petitioners Seeking To File H–1B Petitions on Behalf of Aliens Subject to 

Numerical Limitations.

1615–AB71 

212 .................... Commonwealth of the Northern Mariana Islands Transitional Worker Classification ..................................... 1615–AB76 

U.S. CITIZENSHIP AND IMMIGRATION SERVICES—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

213 .................... E–2 Nonimmigrant Status for Aliens in the Commonwealth of the Northern Mariana Islands With LongTerm Investor Status.1615–AB75 

U.S. COAST GUARD—PRERULE STAGE

Sequence No. Title Regulation 

Identifier No. 

214 .................... Claims Procedures Under the Oil Pollution Act of 1990 (USCG–2004–17697) ............................................. 1625–AA03 

U.S. COAST GUARD—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

215 .................... Numbering of Undocumented Barges ............................................................................................................. 1625–AA14 

216 .................... Inspection of Towing Vessels .......................................................................................................................... 1625–AB06 

217 .................... Updates to Maritime Security ........................................................................................................................... 1625–AB38 


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U.S. COAST GUARD—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

218 .................... Standards for Living Organisms in Ships’ Ballast Water Discharged in U.S. Waters .................................... 1625–AA32 

U.S. COAST GUARD—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

219 .................... Commercial Fishing Industry Vessels .............................................................................................................. 1625–AA77 

U.S. COAST GUARD—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

220 .................... Passenger Weight and Inspected Vessel Stability Requirements .................................................................. 1625–AB20 

U.S. CUSTOMS AND BORDER PROTECTION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

221 .................... Importer Security Filing and Additional Carrier Requirements ........................................................................ 1651–AA70 

TRANSPORTATION SECURITY ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

222 .................... Aircraft Repair Station Security ........................................................................................................................ 1652–AA38 

TRANSPORTATION SECURITY ADMINISTRATION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

223 .................... Modification of the Aviation Security Infrastructure Fee (ASIF) (Market Share) ............................................. 1652–AA43 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Citizenship and Immigration 

Services (USCIS) 

Final Rule Stage 

211. Registration Requirement for 

Petitioners Seeking To File H–1B 

Petitions on Behalf of Aliens Subject to 

Numerical Limitations 

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

Abstract: The Department of 

Homeland Security is proposing to 

amend its regulations governing 

petitions filed on behalf of alien workers 

subject to annual numerical limitations. 

This rule proposes an electronic 

registration program for petitions 

subject to numerical limitations for the 

H–1B nonimmigrant classification. This 

action is necessary because the demand 

for H–1B specialty occupation workers 

by U.S. companies generally exceeds the 

numerical limitation. This rule is 

intended to allow USCIS to more 

efficiently manage the intake and lottery 

process for these H–1B petitions. 

Timetable: 

Action Date FR Cite 

NPRM .................. 03/03/11 76 FR 11686 

NPRM Comment 

Period End.

05/02/11 

Final Rule ............ 04/00/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Susan Arroyo, Chief 

of Staff, Department of Homeland 

Security, U.S. Citizenship and 

Immigration Services, 20 Massachusetts 

Avenue, NW., Washington, DC 20529, 

Phone: 202 272–1094, Fax: 202 272– 

1543, E-mail: susan.arroyo@dhs.gov. 

RIN: 1615–AB71 

212. Commonwealth of the Northern 

Mariana Islands Transitional Worker 

Classification 

Legal Authority: (Pub. L. 110–229) 

Abstract: This final rule amends 

Department of Homeland Security 

regulations to create and establish 

procedures for a new, temporary, 

Commonwealth of the Northern Mariana 

Islands (CNMI)-only transitional worker 

classification (CW classification). This 

final rule implements the CNMI 

transitional worker provisions of the 

Consolidated Natural Resources Act of 

2008 (CNRA), extending the 

immigration laws of the United States to 

the CNMI. The transitional worker 

program is intended to provide for an 

orderly transition from the CNMI permit 

system to the U.S. Federal immigration 

system under the Immigration and 

Nationality Act (INA). A CW 

transitional worker is an alien worker 

who is ineligible for another 

classification under the INA and who 


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performs services or labor for an 

employer in the CNMI. The CNRA 

imposes a 5-year transition period 

before the INA requirements become 

fully applicable in the CNMI. The new 

CW classification will be in effect for 

the duration of that transition period, 

unless extended by the Secretary of 

Labor. The rule also establishes 

employment authorization incident to 

CW status. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 10/27/09 74 FR 55094 

Interim Final Rule 

Comment Period End.

11/27/09 

Interim Final Rule 

Comment Period End Extended.

12/09/09 74 FR 64997 

Interim Final Rule 

Comment Period End.

01/08/10 

Final Action ......... 06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kevin J. Cummings, 

Chief of Business and Foreign Workers 

Division, Department of Homeland 

Security, U.S. Citizenship and 

Immigration Services, Office of Policy 

and Strategy, 20 Massachusetts Avenue, 

NW., Washington, DC 20529–2140, 

Phone: 202 272–1470, Fax: 202 272– 

1480, E-mail: kevin.cummings@dhs.gov. 

RIN: 1615–AB76 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Citizenship and Immigration 

Services (USCIS) 

Completed Actions 

213. E–2 Nonimmigrant Status for 

Aliens in the Commonwealth of the 

Northern Mariana Islands With LongTerm Investor Status 

Legal Authority: 8 U.S.C. 1101 to 

1103; 8 U.S.C. 1182; 8 U.S.C. 1184; 8 

U.S.C. 1186a 

Abstract: This final rule amends 

Department of Homeland Security 

regulations governing E–2 

nonimmigrant treaty investors to 

establish procedures for classifying 

long-term investors in the 

Commonwealth of the Northern Mariana 

Islands (CNMI) as E–2 nonimmigrants. 

This final rule implements the CNMI 

nonimmigrant investor visa provisions 

of the Consolidated Natural Resources 

Act of 2008, extending the immigration 

laws of the United States to the CNMI. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/14/09 74 FR 46938 

NPRM Comment 

Period End.

10/14/09 

Final Action ......... 12/20/10 75 FR 79264 

Final Action Effective.01/19/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kevin J. Cummings, 

Chief of Business and Foreign Workers 

Division, Department of Homeland 

Security, U.S. Citizenship and 

Immigration Services, Office of Policy 

and Strategy, 20 Massachusetts Avenue 

NW., Washington, DC 20529–2140, 

Phone: 202 272–1470, Fax: 202 272– 

1480, E-mail: kevin.cummings@dhs.gov. 

RIN: 1615–AB75 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Coast Guard (USCG) 

Prerule Stage 

214. Claims Procedures Under the Oil 

Pollution Act of 1990 (USCG–2004– 

17697) 

Legal Authority: 33 U.S.C. 2713 and 

2714 

Abstract: This rulemaking 

implements section 1013 (Claims 

Procedures) and section 1014 

(Designation of Source and 

Advertisement) of the Oil Pollution Act 

of 1990 (OPA). An interim rule was 

published in 1992, and provides the 

basic requirements for the filing of 

claims for uncompensated removal costs 

or damages resulting from the discharge 

of oil, for the designation of the sources 

of the discharge, and for the 

advertisement of where claims are to be 

filed. The interim rule also includes the 

processing of natural resource damage 

(NRD) claims. The NRD claims, 

however, were not processed until 

September 25, 1997, when the 

Department of Justice issued an opinion 

that the Oil Spill Liability Trust Fund 

(OSLTF) is available, without further 

appropriation, to pay trustee NRD 

claims under the general claims 

provisions of OPA 90, 33 U.S.C. 

2712(a)(4). This rulemaking supports 

the Coast Guard’s broad role and 

responsibility of maritime stewardship. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 08/12/92 57 FR 36314 

Correction ............ 09/09/92 57 FR 41104 

Interim Final Rule 

Comment Period End.

12/10/92 

Action Date FR Cite 

Notice of Inquiry .. 08/00/11 

Supplemental 

NPRM.

12/00/12 

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, United States Coast Guard, 4200 

Wilson Boulevard, Arlington, VA 

20598–7100, Phone: 202 493–6863, 

E-mail: benjamin.h.white@uscg.mil. 

RIN: 1625–AA03 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Coast Guard (USCG) 

Proposed Rule Stage 

215. Numbering of Undocumented 

Barges 

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 for these barges. The 

numbering of undocumented barges will 

allow identification of owners of barges 

found abandoned and help prevent 

future marine pollution. This 

rulemaking supports the Coast Guard’s 

broad role and responsibility of 

maritime stewardship. 

Timetable: 

Action Date FR Cite 

Request for Comments.10/18/94 59 FR 52646 

Comment Period 

End.

01/17/95 

ANPRM ............... 07/06/98 63 FR 36384 

ANPRM Comment 

Period End.

11/03/98 

NPRM .................. 01/11/01 66 FR 2385 

NPRM Comment 

Period End.

04/11/01 

NPRM Reopening 

of Comment 

Period.

08/12/04 69 FR 49844 

NPRM Comment 

Period End.

11/10/04 

Supplemental 

NPRM.

09/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Denise Harmon, 

Project Manager, Department of 

Homeland Security, U.S. Coast Guard, 

National Vessel Documentation Center, 


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792 T.J. Jackson Drive, Falling Waters, 

WV 25419, Phone: 304 271–2506. 

RIN: 1625–AA14 

216. Inspection of Towing Vessels 

Legal Authority: 46 U.S.C. 3103; 46 

U.S.C. 3301; 46 U.S.C. 3306; 46 U.S.C. 

3308; 46 U.S.C. 3316; 46 U.S.C. 3703; 46 

U.S.C. 8104; 46 U.S.C. 8904; DHS 

Delegation No 0170.1 

Abstract: This rulemaking would 

implement a program of inspection for 

certification of towing vessels, which 

were previously uninspected. It would 

prescribe standards for safety 

management systems and third-party 

auditors and surveyors, along with 

standards for construction, operation, 

vessel systems, safety equipment, and 

recordkeeping. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Harmon, 

Program Manager, CG–5222, 

Department of Homeland Security, U.S. 

Coast Guard, 2100 2nd Street SW., 

STOP 7126, Washington, DC 20593– 

7126, Phone: 202 372–1427, E-mail: 

michael.j.harmon@uscg.mil. 

RIN: 1625–AB06 

217. Updates to Maritime Security 

Legal Authority: 33 U.S.C. 1226; 33 

U.S.C. 1231; 46 U.S.C. ch 701; 50 U.S.C. 

191 and 192; EO 12656; 3 CFR 1988 

Comp p 585; 33 CFR 1.05–1; 33 CFR 

6.04–11; 33 CFR 6.14; 33 CFR 6.16; 33 

CFR 6.19; DHS Delegation No 0170.1 

Abstract: The Coast Guard proposes 

certain additions, changes, and 

amendments to 33 CFR, subchapter H. 

Subchapter H is comprised of parts 101 

thru 106. Subchapter H implements the 

major provisions of the Maritime 

Transportation Security Act of 2002. 

This rulemaking is the first major 

revision to subchapter H. The proposed 

changes would further enhance the 

security of our Nation’s ports, vessels, 

facilities, and Outer Continental Shelf 

facilities and incorporate requirements 

from legislation implemented since the 

original publication of these regulations 

in 2003. This rulemaking has 

international interest because of the 

close relationship between subchapter H 

and the International Ship and Port 

Security Code (ISPS). 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: LCDR Loan O’Brien, 

Project Manager, Department of 

Homeland Security, U.S. Coast Guard, 

Commandant, (CG–5442), 2100 2nd 

Street SW., STOP 7581, Washington, DC 

20593–7581, Phone: 877 687–2243, Fax: 

202 372–1906, E-mail: 

loan.t.o’brien@uscg.mil. 

RIN: 1625–AB38 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Coast Guard (USCG) 

Final Rule Stage 

218. Standards for Living Organisms in 

Ships’ Ballast Water Discharged in U.S. 

Waters 

Legal Authority: 16 U.S.C. 4711 

Abstract: This rulemaking adds 

performance standards to 33 CFR part 

151, subparts C and D, for discharges of 

ballast water. It supports the Coast 

Guard’s broad roles and responsibilities 

of maritime safety and maritime 

stewardship. This project is 

economically significant. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 03/04/02 67 FR 9632 

ANPRM Comment 

Period End.

06/03/02 

NPRM .................. 08/28/09 74 FR 44632 

Public Meeting .... 09/14/09 74 FR 46964 

Public Meeting .... 09/22/09 74 FR 48190 

Public Meeting .... 09/28/09 74 FR 49355 

Notice—Extension 

of Comment 

Period.

10/15/09 74 FR 52941 

Public Meeting .... 10/22/09 74 FR 54533 

Public Meeting 

Correction.

10/26/09 74 FR 54944 

NPRM Comment 

Period End.

12/04/09 74 FR 52941 

Final Rule ............ 07/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mr. John C Morris, 

Project Manager, Department of 

Homeland Security, U.S. Coast Guard, 

2100 Second Street SW., STOP 7126, 

Washington, DC 20593–7126, Phone: 

202 372–1433, E-mail: 

john.c.morris@uscg.mil. 

RIN: 1625–AA32 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Coast Guard (USCG) 

Long-Term Actions 

219. Commercial Fishing Industry 

Vessels 

Legal Authority: 46 U.S.C. 4502(a) to 

4502(d); 46 U.S.C. 4505 and 4506; 46 

U.S.C. 6104; 46 U.S.C. 10603; DHS 

Delegation No. 0170.1(92) 

Abstract: This rulemaking would 

amend commercial fishing industry 

vessel requirements to enhance 

maritime safety. Commercial fishing 

remains one of the most dangerous 

industries in America. The Commercial 

Fishing Industry Vessel Safety Act of 

1988 (‘‘the Act,’’ codified in 46 U.S.C. 

chapter 45) gives the Coast Guard 

regulatory authority to improve the 

safety of vessels operating in that 

industry. Although significant 

reductions in industry deaths were 

recorded after the Coast Guard issued its 

initial rules under the Act in 1991, we 

believe more deaths and serious injury 

can be avoided through compliance 

with new regulations in the following 

areas: Vessel stability and watertight 

integrity, vessel maintenance and safety 

equipment including crew immersion 

suits, crew training and drills, and 

improved documentation of regulatory 

compliance. 

Timetable: 

Action Date FR Cite 

ANPRM ........... 03/31/08 73 FR 16815 

ANPRM Comment Period 

End.

12/15/08 

NPRM ............. To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jack Kemerer, Project 

Manager, CG–5433, Department of 

Homeland Security, U.S. Coast Guard, 

2100 Second Street, SW., Washington, 

DC 20593, Phone: 202 372–1249, E-mail: 

jack.a.kemerer@uscg.mil. 

RIN: 1625–AA77 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Coast Guard (USCG) 

Completed Actions 

220. Passenger Weight and Inspected 

Vessel Stability Requirements 

Legal Authority: 33 U.S.C. 1321(j); 43 

U.S.C. 1333; 46 U.S.C. 2103; 46 U.S.C. 

2113; 46 U.S.C. 3205; 46 U.S.C. 3301; 46 


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U.S.C. 3306; 46 U.S.C. 3307; 46 U.S.C. 

3703; 46 U.S.C. 5115; 46 U.S.C. 6101; 49 

U.S.C. App 1804; EO 11735; EO 12234; 

DHS Delegation No 0170.1; Pub. L. 103– 

206, 107 Stat 2439 

Abstract: The Coast Guard proposes 

developing a rule that addresses both 

the stability calculations and the 

environmental operating requirements 

for certain domestic passenger vessels. 

The proposed rule would address the 

outdated per-person weight averages 

that are currently used in stability 

calculations for certain domestic 

passenger vessels. In addition, the 

proposed rule would add environmental 

operating requirements for domestic 

passenger vessels that could be 

adversely affected by sudden inclement 

weather. This rulemaking would 

increase passenger safety by 

significantly reducing the risk of certain 

types of passenger vessels capsizing due 

to either passenger overloading or 

operating these vessels in hazardous 

weather conditions. This rulemaking 

would support the Coast Guard’s broad 

role and responsibility of maritime 

safety. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/20/08 73 FR 49244 

NPRM Comment 

Period End.

11/18/08 

NPRM Comment 

Period Reopened.

12/08/08 73 FR 74426 

NPRM Comment 

Period End.

02/06/09 

NPRM Comment 

Period Reopened.

02/18/09 74 FR 7576 

NPRM Comment 

Period End.

03/20/09 

Final Rule ............ 12/14/10 75 FR 78064 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: William Peters, 

Program Manager, Office of Design and 

Engineering Standards, Systems 

Engineering Division (CG–5212), 

Department of Homeland Security, U.S. 

Coast Guard, 2100 2nd Street SW., 

STOP 7126, Washington, DC 20593– 

7126, Phone: 202 372–1371, E-mail: 

william.s.peters@uscg.mil. 

RIN: 1625–AB20 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Customs and Border Protection 

(USCBP) 

Final Rule Stage 

221. Importer Security Filing and 

Additional Carrier Requirements 

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 interim final rule 

implements the provisions of section 

203 of the Security and Accountability 

for Every Port Act of 2006. It amends 

CBP Regulations to require carriers and 

importers to provide to CBP, via a CBPapproved electronic data interchange 

system, information necessary to enable 

CBP to identify high-risk shipments to 

prevent smuggling and insure cargo 

safety and security. Under the rule, 

importers and carriers must submit 

specified information to CBP before the 

cargo is brought into the United States 

by vessel. This advance information will 

improve CBP’s risk assessment and 

targeting capabilities, assist CBP in 

increasing the security of the global 

trading system, and facilitate the prompt 

release of legitimate cargo following its 

arrival in the United States. 

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 ......... 08/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Richard DiNucci, 

Department of Homeland Security, U.S. 

Customs and Border Protection, Office 

of Field Operations, 1300 Pennsylvania 

Avenue NW., Washington, DC 20229, 

Phone: 202 344–2513, E-mail: 

richard.dinucci@dhs.gov. 

RIN: 1651–AA70 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

Transportation Security Administration 

(TSA) 

Final Rule Stage 

222. Aircraft Repair Station Security 

Legal Authority: 49 U.S.C. 114; 49 

U.S.C. 44924 

Abstract: The Transportation Security 

Administration (TSA) proposed to add a 

new regulation to improve the security 

of domestic and foreign aircraft repair 

stations, as required by the section 611 

of Vision 100—Century of Aviation 

Reauthorization Act and section 1616 of 

the 9/11 Commission Act of 2007. The 

regulation proposed general 

requirements for security programs to be 

adopted and implemented by repair 

stations certificated by the Federal 

Aviation Administration (FAA). A 

notice of proposed rulemaking (NPRM) 

was published in the Federal Register 

on November 18, 2009, requesting 

public comments to be submitted by 

January 19, 2010. The comment period 

was extended to February 19, 2010, on 

request of the stakeholders to allow the 

aviation industry and other interested 

entities and individuals additional time 

to complete their comments. 

TSA has coordinated its efforts with 

the FAA throughout the rulemaking 

process to ensure that the final rule does 

not interfere with FAA’s ability or 

authority to regulate part 145 repair 

station safety matters. 

Timetable: 

Action Date FR Cite 

Notice—Public 

Meeting; Request for Comments.

02/24/04 69 FR 8357 

Report to Congress.08/24/04 

NPRM .................. 11/18/09 74 FR 59873 

NPRM Comment 

Period End.

01/19/10 

NPRM Comment 

Period Extended.

12/29/09 74 FR 68774 

NPRM Extended 

Comment Period End.

02/19/10 

Final Rule ............ 10/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Celio Young, 

Program Manager, Repair Stations, 

Department of Homeland Security, 

Transportation Security Administration, 

Office of Transportation Sector Network 

Management, General Aviation 

Division, TSA–28, HQ, E5, 601 South 

12th Street, Arlington, VA 20598–6028, 


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Phone: 571 227–3580, Fax: 571 227– 

1362, E-mail: celio.young@dhs.gov. 

Thomas Philson, Deputy Director, 

Regulatory and Economic Analysis, 

Department of Homeland Security, 

Transportation Security Administration, 

Office of Transportation Sector Network 

Management, TSA–28, HQ, E10–411N, 

601 South 12th Street, Arlington, VA 

20598–6028, Phone: 571 227–3236, Fax: 

571 227–1362, E-mail: 

thomas.philson@dhs.gov. 

Linda L. Kent, Assistant Chief 

Counsel, Regulations and Security 

Standards Division, Department of 

Homeland Security, Transportation 

Security Administration, Office of the 

Chief Counsel, TSA–2, HQ, E12–126S, 

601 South 12th Street, Arlington, VA 

20598–6002, Phone: 571 227–2675, Fax: 

571 227–1381, E-mail: 

linda.kent@dhs.gov. 

RIN: 1652–AA38 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

Transportation Security Administration 

(TSA) 

Long-Term Actions 

223. Modification of the Aviation 

Security Infrastructure Fee (ASIF) 

(Market Share) 

Legal Authority: 49 U.S.C. 44901; 49 

U.S.C. 44940 

Abstract: The Transportation Security 

Administration will propose a method 

for apportioning the Aviation Security 

Infrastructure Fee (ASIF) among air 

carriers. The ASIF is a fee imposed on 

air carriers and foreign air carriers to 

help pay the Government’s costs of 

providing civil aviation security 

services. 

Starting in fiscal year 2005, the 

Aviation and Transportation Security 

Act (ATSA) (Pub. L. 107–71; Nov. 19, 

2001), codified at 49 U.S.C. 44940, 

authorizes TSA to change the 

methodology for imposing the ASIF on 

air carriers and foreign air carriers from 

a system based on their 2000 screening 

costs to a system based on market share 

or other appropriate measures. 

On November 5, 2003, the 

Transportation Security Administration 

(TSA) published a notice requesting 

comment on possible changes in order 

to allow for open industry and public 

input. TSA sought comments on issues 

regarding how to impose the ASIF, and 

whether, when, and how often the ASIF 

should be adjusted. The comment 

period was extended on the notice for 

an additional 30 days, until February 5, 

2004. TSA is developing a market share 

methodology and intends to seek public 

comments through issuance of a notice 

of proposed rulemaking. 

Timetable: 

Action Date FR Cite 

Notice; Requesting Comment– 

Imposition of 

the Aviation Security Infrastructure Fee (ASIF).

11/05/03 68 FR 62613 

Notice—Imposition of ASIF; 

Comment Period End.

01/05/04 

Notice—Imposition of ASIF; 

Comment Period Extended.

12/31/03 68 FR 75611 

Action Date FR Cite 

Notice—Imposition of ASIF; 

Extended Comment Period 

End.

02/05/04 

Next Action Undetermined.

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Gambone, 

Deputy Director, Office of Revenue, 

Department of Homeland Security, 

Transportation Security Administration, 

Office of Finance and Administration, 

TSA–14, HQ, W12–319, 601 South 12th 

Street, Arlington, VA 20598–6014, 

Phone: 571 227–1081, Fax: 571 227– 

2904, E-mail: 

michael.gambone@dhs.gov. 

Thomas Philson, Deputy Director, 

Regulatory and Economic Analysis, 

Department of Homeland Security, 

Transportation Security Administration, 

Office of Transportation Sector Network 

Management, TSA–28, HQ, E10–411N, 

601 South 12th Street, Arlington, VA 

20598–6028, Phone: 571 227–3236, Fax: 

571 227–1362, E-mail: 

thomas.philson@dhs.gov. 

Linda L. Kent, Assistant Chief 

Counsel, Regulations and Security 

Standards Division, Department of 

Homeland Security, Transportation 

Security Administration, Office of the 

Chief Counsel, TSA–2, HQ, E12–126S, 

601 South 12th Street, Arlington, VA 

20598–6002, Phone: 571 227–2675, Fax: 

571 227–1381, E-mail: 

linda.kent@dhs.gov. 

RIN: 1652–AA43 

[FR Doc. 2011–15490 Filed 7–6–11; 8:45 am] 

BILLING CODE 9110–9B–P 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2

Vol. 76 Thursday, 

No. 130 July 7, 2011 

Part X 

Department of the Interior 

Semiannual Regulatory Agenda 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2