# U.S. Department of Homeland Security



# Retrospective

Review of Existing

Regulations –

Progress Report

January 23, 2012USCIS 1615-AB83 Immigration BenefitsBusinessTransformation:Increment ICurrent USCIS immigration benefits span a greatnumber of regulations that rely on paper forms and nonintegrated information technology systems. This ruleamends the regulations to accommodate USCIS’sphased multi-year business transformation initiative torestructure its business processes and related informationtechnology systems.Final Rule published8/29/11Improve efficiency to society by reflectingelectronic system developments.Eliminate the capture and processing ofredundant data.Facilitate the automation of USCIS formsand the potential to reduce the number ofUSCIS forms.Complete. USCIS published theFinal Rule on 8/29/11; it went intoeffect on 11/28/11.No individuals or businesses incurred any additional costs as a result of thechanges in this rule. This rule does not impose any new reporting orrecordkeeping requirements under the Paperwork Reduction Act.USCIS 1615-AB__ Immigration BenefitsBusinessTransformation:Nonimmigrants;Students and ExchangeVisitor ProgramThis rulemaking primarily focuses on 8 CFR Part 214,which covers the nonimmigrant classes, including therequirements for admission, extension, maintenance ofstatus, and the Student and Exchange VisitorInformation System (SEVIS).UndeterminedProvide the public with a more userfriendly organization of regulatoryrequirements.Reduce public confusion.USCIS is developing the Notice ofProposed Rulemaking (NPRM).There are no previous rulemakings.This rule does not impose any new reporting or recordkeepingrequirements under the Paperwork Reduction Act.USCIS 1615-AB71 ElectronicCommunications;RegistrationRequirement forPetitioners Seeking toFile H-1B PetitionsUSCIS is proposing to require employers seeking topetition H-1B workers subject to numerical limitationsto first file electronic registrations with USCIS during adesignated registration period. If necessary, registrationswill be randomly selected to file H-1B petitions.UndeterminedReduce the petitioner’s administrativeburdens with preparing a complete H-1Bpetition prior to knowing whether thestatutory limit has been reached.Reduce societal burden by 13,750 hoursannually.USCIS published a NPRM on3/3/2011. USCIS is reviewingpublic comments.USCIS estimates that this rule will result in a net benefit to society. Currently,employers submit a petition, at great expense, without any certainty that an H1B cap number will ultimately be allocated to the beneficiary named on thepetition. The proposed Internet-based registration system would allowemployers to complete a much shorter and less expensive registration processfor consideration of available H-1B cap numbers. The new system will alsorelieve a significant administrative burden and expense from USCIS.USCIS 1615-AB76 Commonwealth of theNorthern MarianaIslands TransitionalWorker ClassificationThis final rule creates a new, temporary, transitionalworker classification for workers in the Commonwealthof the Northern Mariana Islands (CNMI). Thetransitional worker program is intended to provide for anorderly transition from the CNMI permit system to theU.S. Federal immigration system.Final Rule published9/7/11Result in an estimated savings of $6.8million over the baseline through 2014 tosociety. The savings are attributable to thefact that multiple beneficiaries will now beallowed to be included in a single petition.Complete. USCIS published theFinal Rule on 9/7/11; it went intoeffect on 10/7/11.U.S. Department of Homeland SecurityRetrospective Review Plan ReportJanuary 2012NotesProgress Updates &AnticipatedAccomplishmentsComponentRIN/ OMBControlNumberRule/ICR Brief DescriptionActual or TargetCompletion DateAnticipated Savings in Costs and/orInformation Collection Burdens,together with any AnticipatedChanges in Benefits (pleasequantify, to the extent feasible, &also specify baseline, time horizon,& affected groups)1 of 5U.S. Department of Homeland SecurityRetrospective Review Plan ReportJanuary 2012NotesProgress Updates &AnticipatedAccomplishmentsComponentRIN/ OMBControlNumberRule/ICR Brief DescriptionActual or TargetCompletion DateAnticipated Savings in Costs and/orInformation Collection Burdens,together with any AnticipatedChanges in Benefits (pleasequantify, to the extent feasible, &also specify baseline, time horizon,& affected groups)USCIS No RINAvailableProvisional UnlawfulPresence Waivers ofInadmissibility forCertain ImmediateRelativesThis rule will propose to change the current process forfiling and adjudication of certain applications forwaivers of inadmissibility filed in connection with animmediate relative immigrant visa application.Specifically, USCIS will propose to allow certainimmediate relatives of U.S. citizens to requestprovisional waivers under section 212(a)(9)(B)(v) of theImmigration and Nationality Act of 1952, as amended,prior to departing the United States for consularprocessing of their immigrant visa applications.Publication of theNPRM expected inearly 2012.This rule will streamline the process forcertain waivers of inadmissibility.USCIS published a Notice ofIntent (to issue rulemaking) on1/9/2012.USCG 1625-AA16 Implementation of theAmendments to theInternationalConvention onStandards of Training,Certification andWatchkeeping forSeafarers (STCW), 1978as amended, andChanges to DomesticEndorsementsThe International Convention on Standards of Training,Certification and Watchkeeping for Seafarers (STCW),1978 as amended, sets forth minimum training anddemonstrations of proficiency requirements for merchantmariners. It provides a consistent set of training andcompetencies for merchant mariners operating in U.S.and international waters. The Coast Guard has codifiedthese Convention standards in the U.S. Code of FederalRegulations. The Coast Guard develops these standardswith other international parties at the InternationalMaritime Organization of the United Nations. TheCoast Guard also develops similar standards of trainingand proficiency requirements for mariners that work onlyin U.S. waters.Publication of theFinal Rule expectedin Winter 2012Update requirements to address gaps inminimum training requirements for seafarers.Provide additional flexibility for seaservice and training requirements.Provide a societal benefit by clarifyingSTCW requirements in response to requestsfor interpretation and guidance.Coast Guard published aSupplemental Notice of ProposedRulemaking (SNPRM) on 8/1/11.Coast Guard received publiccomments that make suggestionsfor minimizing economic impactson the industry (e.g., incorporatingon-the-job training, an additionalphase-in period forimplementation) and is consideringthem for inclusion in the rule.USCG TBD Elimination of TWICfor Certain MarinerPopulations(Implementation ofSection 809 of the 2010Coast GuardAuthorization Act)Section 809 of the Coast Guard Authorization Act of2010 eliminated the requirement that certain marinersmust obtain a Transportation Worker IdentificationCredential (TWIC). The Coast Guard is working onregulatory provisions that would implement section 809.Related to this, the Coast Guard is also consideringregulatory changes that would provide an exemptionfrom paying certain fees for a subset of the abovemariner population.Publication of therule expected inSpring 2012Eliminate TWIC requirements forapproximately 18,000 mariners annually.Eliminate trips to TWIC EnrollmentCenters for approximately 18,000 marinersannually.Coast Guard issued a Letter ofPolicy in December 2012; itimplements an interim process toprovide burden relief to marinersuntil Coast Guard publishes therule.2 of 5U.S. Department of Homeland SecurityRetrospective Review Plan ReportJanuary 2012NotesProgress Updates &AnticipatedAccomplishmentsComponentRIN/ OMBControlNumberRule/ICR Brief DescriptionActual or TargetCompletion DateAnticipated Savings in Costs and/orInformation Collection Burdens,together with any AnticipatedChanges in Benefits (pleasequantify, to the extent feasible, &also specify baseline, time horizon,& affected groups)USCG 1625-AB38 Update to MaritimeSecurity RegulationsThe Coast Guard regulations implementing the MaritimeTransportation Security Act of 2002 (MTSA) providesecurity measures for vessel and port facility operationsin U.S. ports. Among other things, these regulationsrequire owners or operators of vessels and port facilitiesto develop security plans. Since promulgation of theMTSA regulations, the Coast Guard has grantedexemptions from MTSA provisions on an ad hoc,individual basis. Through this rule, the Coast Guardwould formalize several categories of exemptions,which, in turn, will reduce the burden associated withthe current ad hoc waiver process.Publication of theNPRM expected inFall 2012Clarify MTSA requirements in response torequests for interpretation and guidance.Formalize exemptions from certain MTSAprovisions, which would provide an annualsavings of $125,000 to society.Coast Guard is in the process ofreviewing industry practice relatedto MTSA regulations and iscompiling data with regard to theeffect that clarifications (beyondthe elimination of requests forinterpretation and guidance) wouldhave on current industry practice.CBP 1651-AA94 Internet Publication ofAdministrativeSeizure/ForfeitureNoticesCurrent regulations provide for publication of notices ofseizure and intent to forfeit seized merchandise in localnewspapers for seized merchandise appraised at morethan $5,000, and by posting the notice at the localcustomhouse for seized merchandise appraised at $5,000or less. This regulation would allow for online postingof such information.Publication of theNPRM expected inearly 2012.Provide an estimated annual savings of$700,000 to CBP, when compared to currentadvertising expenses.CBP is developing the NPRM.CBP 1651-AA93 Closing of White TailCrossingCBP is developing a proposal to close the port of entryin Whitetail, Montana. Whitetail is one of the leasttrafficked ports, and the facility does not have theinfrastructure to meet modern operational, safety, andtechnological demands for ports of entry.Publication of theFinal Rule expectedin Summer 2012.This rule will provide budget savings toCBP and yields a net benefit (estimatedbudget savings less increased travel costs) ofapproximately $8.2 million the first year and$396,000 each year thereafter whencompared to the baseline condition. If thecrossing were to remain open, it would needsignificant renovation to meet current safetyand security standards. CBP thereforeincludes an $8 million renovation in thebaseline condition.CBP published the NPRM on8/24/11. CBP received fourcomments. CBP is reviewing thepublic comments and developingthe Final Rule.3 of 5U.S. Department of Homeland SecurityRetrospective Review Plan ReportJanuary 2012NotesProgress Updates &AnticipatedAccomplishmentsComponentRIN/ OMBControlNumberRule/ICR Brief DescriptionActual or TargetCompletion DateAnticipated Savings in Costs and/orInformation Collection Burdens,together with any AnticipatedChanges in Benefits (pleasequantify, to the extent feasible, &also specify baseline, time horizon,& affected groups)CBP 1651-AA73 Establishment of GlobalEntry ProgramCurrent CBP regulations do not include provisions forall of CBP’s trusted traveler programs and those that areincluded are set forth in different provisions and are notcomprehensive. For example, the trusted traveler pilotprogram, Global Entry, is not yet incorporated in theregulations. CBP issued an NPRM to incorporateGlobal Entry into the regulations and since developed aFinal Rule.Publication of theFinal Rule expectedin January 2012.Result in a 70 percent reduction inprocessing time with an average savings of7.6 minutes per trip for enrollees whencompared to average processing times fornonmembers.Note: The main direct beneficiaries of theprogram are the travelers who enroll in theprogram. Because it is a voluntary program,CBP expects all enrollees to benefit.Nonmembers could also experience shorterwait times, because the regular inspectionlines will be shorter.OMB concluded review of the ruleon 1/19/2012.ICE 1653-AA44 Revisions toSEVIS regulationsThe Student and Exchange Visitor Information System(SEVIS) is an electronic filing and adjudication systemfor schools that seek to enroll foreign nonimmigrantstudents. SEVIS improves data collection and reporting,enhances customer service, facilitates compliance withregulations, and helps ICE better monitor school andexchange programs.ICE is working with the Department of State toimplement the deployment of SEVIS II, the nextgeneration of the system.Publication ofNPRM expected bythe end of 2012 orbeginning of 2013.Remove outdated provisions.Provide an estimated total annual burdenreduction of approximately 11,000 hours.Provide an estimated total annual savingsof approximately $220,110 to society.ICE is developing the rule. Inaddition, ICE is consulting withthe Department of State regardingthe draft rule.TSA 1652-AA35 Revisions to the AlienFlight Student Program(AFSP) regulationsThe Alien Flight Student Program (AFSP) rulemaking,among other things, requires a prospective alien flightstudent to undergo a background check called a“security threat assessment” before each training event.TSA charges each alien flight student a fee intended tocover the costs of the vetting.Publication of theNPRM expected inSummer 2012.Improve the accuracy of vetting fees andequity among fee payers.Enable the implementation of newtechnologies to support vetting.Increase efficiency by enabling existingthreat assessment processes to be leveraged.Provide an estimated total savings for alienflight students, over a five-year period, ofapproximately $18 million at a seven percentdiscount rate to society.TSA is accomplishing the reviewand improvement of AFSPregulations through its rulemakingon Standardized Vetting,Adjudication, and Redress(SVAR). TSA is developing theSVAR rule.4 of 5U.S. Department of Homeland SecurityRetrospective Review Plan ReportJanuary 2012NotesProgress Updates &AnticipatedAccomplishmentsComponentRIN/ OMBControlNumberRule/ICR Brief DescriptionActual or TargetCompletion DateAnticipated Savings in Costs and/orInformation Collection Burdens,together with any AnticipatedChanges in Benefits (pleasequantify, to the extent feasible, &also specify baseline, time horizon,& affected groups)TSA 1652-AA01 Aviation SecurityInfrastructure Fee(ASIF)The Aviation Security Infrastructure Fee (ASIF) ruleprovides that each air carrier pays fees based on whatthat carrier spent on certain security measures in thecalendar year 2000. Under the statute, after fiscal year2005, TSA may re-evaluate how much each carrier pays,including using market share or other appropriatemeasure.Publication of theNPRM expected inlate 2012.Update the fee distribution among aircarriers as a result of market share changessince 2000 which is a benefit to society.TSA has been reviewing data thatcould be used for determiningASIF market share and hascompleted initial analysis fordeveloping needed methodology.5 of 5