U.S. Department of Homeland Security

Retrospective 

Review of Existing 

Regulations – 

Progress Report

January 23, 2012
USCIS 1615-AB83 Immigration Benefits 

Business 

Transformation: 

Increment I

Current USCIS immigration benefits span a great number of regulations that rely on paper forms and nonintegrated information technology systems. This rule amends the regulations to accommodate USCIS’s phased multi-year business transformation initiative to restructure its business processes and related information technology systems.

Final Rule published 8/29/11

 Improve efficiency to society by reflecting electronic system developments.  Eliminate the capture and processing of redundant data.  Facilitate the automation of USCIS forms and the potential to reduce the number of USCIS forms. 

Complete. USCIS published the Final Rule on 8/29/11; it went into effect on 11/28/11. 

No individuachanges in threcordkeepin

USCIS 1615-AB__ Immigration Benefits 

Business 

Transformation: 

Nonimmigrants; 

Students and Exchange 

Visitor Program

This rulemaking primarily focuses on 8 CFR Part 214, which covers the nonimmigrant classes, including the requirements for admission, extension, maintenance of status, and the Student and Exchange Visitor Information System (SEVIS).

Undetermined  Provide the public with a more userfriendly organization of regulatory 

requirements.  Reduce public confusion. 

USCIS is developing the Notice of Proposed Rulemaking (NPRM). There are no previous rulemakings.

This rule doerequirement

USCIS 1615-AB71 Electronic 

Communications; 

Registration 

Requirement for 

Petitioners Seeking to 

File H-1B Petitions

USCIS is proposing to require employers seeking to petition H-1B workers subject to numerical limitations to first file electronic registrations with USCIS during a designated registration period. If necessary, registrations will be randomly selected to file H-1B petitions. 

Undetermined  Reduce the petitioner’s administrative 

burdens with preparing a complete H-1B petition prior to knowing whether the statutory limit has been reached.  Reduce societal burden by 13,750 hours annually.

USCIS published a NPRM on 3/3/2011. USCIS is reviewing public comments.

USCIS estimemployers su1B cap numbpetition. The employers to for considerarelieve a sign

USCIS 1615-AB76 Commonwealth of the 

Northern Mariana 

Islands Transitional 

Worker Classification

This final rule creates a new, temporary, transitional worker classification for workers in the Commonwealth of the Northern Mariana Islands (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.

Final Rule published 9/7/11

 Result in an estimated savings of $6.8 million over the baseline through 2014 to society. The savings are attributable to the fact that multiple beneficiaries will now be allowed to be included in a single petition.

Complete. USCIS published the Final Rule on 9/7/11; it went into effect on 10/7/11. 

U.S. Department of Homeland Security

Retrospective Review Plan Report 

January 2012

Progress Updates & 

Anticipated 

Accomplishments

Component

RIN/ OMB 

Control 

Number 

Rule/ICR Brief Description Actual or Target Completion Date

Anticipated Savings in Costs and/or 

Information Collection Burdens, 

together with any Anticipated 

Changes in Benefits (please 

quantify, to the extent feasible, & 

also specify baseline, time horizon, 

& affected groups)

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U.S. Department of Homeland Securit

y

Retrospective Review Plan Report 

January 2012

Progress Updates & 

Anticipated 

Accomplishments

Component

RIN/ OMB 

Control 

Number 

Rule/ICR Brief Description Actual or Target Completion Date

Anticipated Savings in Costs and/or 

Information Collection Burdens, 

together with any Anticipated 

Changes in Benefits (please 

quantify, to the extent feasible, & 

also specify baseline, time horizon, 

& affected groups)

USCIS No RIN 

Available

Provisional Unlawful 

Presence Waivers of 

Inadmissibility for 

Certain Immediate 

Relatives

This rule will propose to change the current process for filing and adjudication of certain applications for waivers of inadmissibility filed in connection with an immediate relative immigrant visa application. Specifically, USCIS will propose to allow certain immediate relatives of U.S. citizens to request provisional waivers under section 212(a)(9)(B)(v) of the Immigration and Nationality Act of 1952, as amended, prior to departing the United States for consular processing of their immigrant visa applications. 

Publication of the NPRM expected in early 2012.

 This rule will streamline the process for certain waivers of inadmissibility.

USCIS published a Notice of Intent (to issue rulemaking) on 1/9/2012.

USCG 1625-AA16 Implementation of the 

Amendments to the 

International 

Convention on 

Standards of Training, 

Certification and 

Watchkeeping for 

Seafarers (STCW), 1978 

as amended, and 

Changes to Domestic 

Endorsements

The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978 as amended, sets forth minimum training and demonstrations of proficiency requirements for merchant mariners. It provides a consistent set of training and competencies for merchant mariners operating in U.S. and international waters. The Coast Guard has codified these Convention standards in the U.S. Code of Federal Regulations. The Coast Guard develops these standards with other international parties at the International Maritime Organization of the United Nations. The Coast Guard also develops similar standards of training and proficiency requirements for mariners that work only in U.S. waters. 

Publication of the Final Rule expected in Winter 2012

 Update requirements to address gaps in minimum training requirements for seafarers.  Provide additional flexibility for sea service and training requirements.  Provide a societal benefit by clarifying STCW requirements in response to requests for interpretation and guidance. 

Coast Guard published a Supplemental Notice of Proposed Rulemaking (SNPRM) on 8/1/11.Coast Guard received public comments that make suggestions for minimizing economic impacts on the industry (e.g., incorporating on-the-job training, an additional phase-in period for implementation) and is considering them for inclusion in the rule. 

USCG TBD Elimination of TWIC 

for Certain Mariner 

Populations 

(Implementation of 

Section 809 of the 2010 

Coast Guard 

Authorization Act)

Section 809 of the Coast Guard Authorization Act of 2010 eliminated the requirement that certain mariners must obtain a Transportation Worker Identification Credential (TWIC). The Coast Guard is working on regulatory provisions that would implement section 809. Related to this, the Coast Guard is also considering regulatory changes that would provide an exemption from paying certain fees for a subset of the above mariner population. 

Publication of the rule expected in Spring 2012

 Eliminate TWIC requirements for approximately 18,000 mariners annually.  Eliminate trips to TWIC Enrollment Centers for approximately 18,000 mariners annually.

Coast Guard issued a Letter of Policy in December 2012; it implements an interim process to provide burden relief to mariners until Coast Guard publishes the rule.

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U.S. Department of Homeland Securit

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Retrospective Review Plan Report 

January 2012

Progress Updates & 

Anticipated 

Accomplishments

Component

RIN/ OMB 

Control 

Number 

Rule/ICR Brief Description Actual or Target Completion Date

Anticipated Savings in Costs and/or 

Information Collection Burdens, 

together with any Anticipated 

Changes in Benefits (please 

quantify, to the extent feasible, & 

also specify baseline, time horizon, 

& affected groups)

USCG 1625-AB38 Update to Maritime 

Security Regulations

The Coast Guard regulations implementing the Maritime Transportation Security Act of 2002 (MTSA) provide security measures for vessel and port facility operations in U.S. ports. Among other things, these regulations require owners or operators of vessels and port facilities to develop security plans. Since promulgation of the MTSA regulations, the Coast Guard has granted exemptions from MTSA provisions on an ad hoc, individual basis. Through this rule, the Coast Guard would formalize several categories of exemptions, which, in turn, will reduce the burden associated with the current ad hoc waiver process.

Publication of the NPRM expected in Fall 2012

 Clarify MTSA requirements in response to requests for interpretation and guidance.  Formalize exemptions from certain MTSA provisions, which would provide an annual savings of $125,000 to society.

Coast Guard is in the process of reviewing industry practice related to MTSA regulations and is compiling data with regard to the effect that clarifications (beyond the elimination of requests for interpretation and guidance) would have on current industry practice. 

CBP 1651-AA94 Internet Publication of 

Administrative 

Seizure/Forfeiture 

Notices

Current regulations provide for publication of notices of seizure and intent to forfeit seized merchandise in local newspapers for seized merchandise appraised at more than $5,000, and by posting the notice at the local customhouse for seized merchandise appraised at $5,000 or less. This regulation would allow for online posting of such information. 

Publication of the NPRM expected in early 2012.

 Provide an estimated annual savings of $700,000 to CBP, when compared to current advertising expenses.

CBP is developing the NPRM.

CBP 1651-AA93 Closing of White Tail 

Crossing 

CBP is developing a proposal to close the port of entry in Whitetail, Montana. Whitetail is one of the least trafficked ports, and the facility does not have the infrastructure to meet modern operational, safety, and technological demands for ports of entry. 

Publication of the Final Rule expected in Summer 2012.

 This rule will provide budget savings to CBP and yields a net benefit (estimated budget savings less increased travel costs) of approximately $8.2 million the first year and $396,000 each year thereafter when compared to the baseline condition. If the crossing were to remain open, it would need significant renovation to meet current safety and security standards. CBP therefore includes an $8 million renovation in the baseline condition.

CBP published the NPRM on 8/24/11. CBP received four comments. CBP is reviewing the public comments and developing the Final Rule. 

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U.S. Department of Homeland Securit

y

Retrospective Review Plan Report 

January 2012

Progress Updates & 

Anticipated 

Accomplishments

Component

RIN/ OMB 

Control 

Number 

Rule/ICR Brief Description Actual or Target Completion Date

Anticipated Savings in Costs and/or 

Information Collection Burdens, 

together with any Anticipated 

Changes in Benefits (please 

quantify, to the extent feasible, & 

also specify baseline, time horizon, 

& affected groups)

CBP 1651-AA73 Establishment of Global 

Entry Program

Current CBP regulations do not include provisions for all of CBP’s trusted traveler programs and those that are included are set forth in different provisions and are not comprehensive. For example, the trusted traveler pilot program, Global Entry, is not yet incorporated in the regulations. CBP issued an NPRM to incorporate Global Entry into the regulations and since developed a Final Rule. 

Publication of the Final Rule expected in January 2012.

 Result in a 70 percent reduction in processing time with an average savings of 7.6 minutes per trip for enrollees when compared to average processing times for nonmembers. Note: The main direct beneficiaries of the program are the travelers who enroll in the program. Because it is a voluntary program, CBP expects all enrollees to benefit. Nonmembers could also experience shorter wait times, because the regular inspection lines will be shorter.

OMB concluded review of the rule on 1/19/2012.

ICE 1653-AA44 Revisions to 

SEVIS regulations

The Student and Exchange Visitor Information System (SEVIS) is an electronic filing and adjudication system for schools that seek to enroll foreign nonimmigrant students. SEVIS improves data collection and reporting, enhances customer service, facilitates compliance with regulations, and helps ICE better monitor school and exchange programs. ICE is working with the Department of State to implement the deployment of SEVIS II, the next generation of the system.

Publication of NPRM expected by the end of 2012 or beginning of 2013. 

 Remove outdated provisions.  Provide an estimated total annual burden reduction of approximately 11,000 hours. Provide an estimated total annual savings of approximately $220,110 to society.

ICE is developing the rule. In addition, ICE is consulting with the Department of State regarding the draft rule. 

TSA 1652-AA35 Revisions to the Alien 

Flight Student Program 

(AFSP) regulations

The Alien Flight Student Program (AFSP) rulemaking, among other things, requires a prospective alien flight student to undergo a background check called a “security threat assessment” before each training event. TSA charges each alien flight student a fee intended to cover the costs of the vetting. 

Publication of the NPRM expected in Summer 2012.

 Improve the accuracy of vetting fees and equity among fee payers.  Enable the implementation of new technologies to support vetting.  Increase efficiency by enabling existing threat assessment processes to be leveraged. Provide an estimated total savings for alien flight students, over a five-year period, of approximately $18 million at a seven percent discount rate to society.

TSA is accomplishing the review and improvement of AFSP regulations through its rulemaking on Standardized Vetting, Adjudication, and Redress (SVAR). TSA is developing the SVAR rule. 

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U.S. Department of Homeland Securit

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Retrospective Review Plan Report 

January 2012

Progress Updates & 

Anticipated 

Accomplishments

Component

RIN/ OMB 

Control 

Number 

Rule/ICR Brief Description Actual or Target Completion Date

Anticipated Savings in Costs and/or 

Information Collection Burdens, 

together with any Anticipated 

Changes in Benefits (please 

quantify, to the extent feasible, & 

also specify baseline, time horizon, 

& affected groups)

TSA 1652-AA01 Aviation Security 

Infrastructure Fee 

(ASIF)

The Aviation Security Infrastructure Fee (ASIF) rule provides that each air carrier pays fees based on what that carrier spent on certain security measures in the calendar year 2000. Under the statute, after fiscal year 2005, TSA may re-evaluate how much each carrier pays, including using market share or other appropriate measure. 

Publication of the NPRM expected in late 2012.

 Update the fee distribution among air carriers as a result of market share changes since 2000 which is a benefit to society. 

TSA has been reviewing data that could be used for determining ASIF market share and has completed initial analysis for developing needed methodology. 

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