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’s 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, 

U.S. Department of Homeland Security, Office of the General Counsel, 245 Murray Lane, Mail Stop 0485, 

Washington, DC 20528-0485. 

 Specific 

Regulations.gov Friday, January 20, 2012 Unified Agenda

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 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, Sep. 19, 1980) and Executive Order 12866 “Regulatory 

Planning and Review” (Sep. 30, 1993) as incorporated in Executive Order 13563 “Improving Regulation & 

Regulatory Review” (Jan. 18, 2011), 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’s last 

semiannual regulatory agenda was published on July 7, 2011, at 76 FR 40074. 

 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. 

 As part of the Unified Agenda, Federal agencies are also required to prepare a Regulatory Plan of the 

most important significant regulatory actions that the agency reasonably expects to issue in proposed or 

final form in that fiscal year. As in past years, for fall editions of the Unified Agenda, the entire Regulatory 

Plan and agency regulatory flexibility agendas, in accordance with the publication requirements of the 

Regulatory Flexibility Act, are printed in the Federal Register.

 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’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. 

Regulations.gov Friday, January 20, 2012 Unified Agenda

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 The semiannual agenda of the Department conforms to the Unified Agenda format developed by the 

Regulatory Information Service Center. 

Dated: September 9, 2011. 

NAME: Christina E. McDonald,

Associate General Counsel for Regulatory Affairs.

Regulations.gov Friday, January 20, 2012 Unified Agenda

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The 232 Regulatory Agendas

Office of the Secretary - Proposed Rule

Title

Regulation 

Identifier 

Number

Freedom of Information Act and Privacy Act Procedures 1601-AA00

Enforcement of Nondiscrimination on the Basis of Disability in Department of Homeland Security Programs or Activities 1601-AA03

Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance 1601-AA04

Regulations Regarding Nondiscrimination on the Basis of Race, Color, or National Origin in Programs or Activities

Receiving Federal Financial Assistance 1601-AA05

Supplemental Standards of Ethical Conduct for Employees of the Department of Homeland Security 1601-AA17

Secure Handling of Ammonium Nitrate Program 1601-AA52

Petitions for Rulemaking, Amendment, or Repeal 1601-AA56

Homeland Security Acquisition Regulation, Subcontractor Labor Hour Rates Under Time and Materials Contracts 1601-AA65

Office of the Secretary - Final Rule

Title

Regulation 

Identifier 

Number

Homeland Security Acquisition Regulation (HSAR): Revision Initiative 1601-AA28

Revision of Department of Homeland Security Acquisition Regulation (HSAR); Notification on Limitation in

Subcontracting (HSAR Case 2007-004) 1601-AA43

Implementation of OMB Guidance on Nonprocurement Debarment and Suspension 1601-AA46

Homeland Security Acquisition Regulation (HSAR); Lead System Integrators 1601-AA49

Audit Standards For Federal Awards to States, Local Governments, and Nonprofit Organizations 1601-AA64

Office of the Secretary - Long-term Action

Title

Regulation 

Identifier 

Number

Production or Disclosure of Official Information in Connection With Legal Proceedings 1601-AA01

Regulations Imposing Restrictions Upon Lobbying 1601-AA12

Collection of Nontax Debts Owed to the Department of Homeland Security 1601-AA23

Collection of Alien Biometric Data Upon Exit From the United States at Air and Sea Ports of Departure; United States

Visitor and Immigrant Status Indicator Technology Program (US-VISIT) 1601-AA34

Nondiscrimination in Matters Pertaining to Faith-Based Organizations 1601-AA40

Professional Conduct for Practitioners Rules and Procedures, and Representation and Appearances 1601-AA58

Office of the Secretary - Completed Action

Title

Regulation 

Identifier 

Number

Administration of Grants and Agreements With Institutions of Higher Education, Hospitals, and Nonprofit, Commercial,

Foreign, and International Organizations 1601-AA18

Department of Homeland Security (DHS) Human Resources Management System 1601-AA53

Grants and Cooperative Agreements With State and Local Governments 1601-AA61

Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes 1601-AA63

Prohibition on Federal Protective Service Guard Services Contracts With Business Concerns Owned, Controlled, or

Operated by an Individual Convicted of a Felony [HSAR Case 2009-001]; Correction 1601-AA66

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U.S. Citizenship and Immigration Services - Proposed Rule

Title

Regulation 

Identifier 

Number

Asylum and Withholding Definitions 1615-AA41

New Classification for Victims of Criminal Activity; Eligibility for the U Nonimmigrant Status 1615-AA67

New Asylum and Withholding Bars for Recruitment or Use of Child Soldiers 1615-AB79

Qualifications, Designation, and Duties of Civil Surgeons, and Revocation of Civil Surgeon Designations 1615-AB88

Exception to the Persecution Bar for Asylum, Refugee, and Temporary Protected Status, and Withholding of Removal 1615-AB89

Allowing Certain H-4 Dependent Spouses to Apply for Employment Authorization 1615-AB92

Electronic Filing of Requests for Immigration Benefits; Requiring an Application To Change or Extend Nonimmigrant

Status To Be Filed Electronically 1615-AB94

Immigration Benefits Business Transformation: Nonimmigrants; Student and Exchange Visitor Program 1615-AB95

Application of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to Unaccompanied Alien

Children Seeking Asylum 1615-AB96

Implementation of AC21, the VWPPA, and the ACWIA 1615-AB97

Administrative Appeals Office: Procedural Reforms To Improve Efficiency 1615-AB98

U.S. Citizenship and Immigration Services - Final Rule

Title

Regulation 

Identifier 

Number

Petitioning Requirements for the H-1C Nonimmigrant Classification Under Public Law 106-95 1615-AA35

Nonimmigrant Classes; Spouses and Children of Lawful Permanent Residents; V Classification 1615-AA53

K Nonimmigrant Classification; Legal Immigration Family Equity (LIFE) Act 1615-AA56

New Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for T Nonimmigrant Status 1615-AA59

Adjustment of Status to Lawful Permanent Resident for Aliens in T and U Nonimmigrant Status 1615-AA60

Petitions Filed on Behalf of H-1B Temporary Workers Subject to the Annual Numerical Limitation 1615-AB68

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

Limitations 1615-AB71

Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands 1615-AB77

Approval of Construction Wage Rates in Guam 1615-AB91

U.S. Citizenship and Immigration Services - Long-term Action

Title

Regulation 

Identifier 

Number

Petition To Classify Alien as Immediate Relative of a U.S. Citizen or as a Preference Immigrant; Self-Petitioning for

Certain Battered or Abused Alien Spouses and Children 1615-AA03

Definition of the Term "Lawfully Present" for Purposes of Eligibility for Public Benefits 1615-AA05

Adjustment of Status, Continued Validity of Nonimmigrant Status, and Unexpired Employment Authorization for

Applicants Maintaining Nonimmigrant H or L Status 1615-AA12

Fingerprinting Applicants and Petitioners for Immigration Benefits; Establishing a Fee for Fingerprinting by the

Department of Homeland Security 1615-AA14

Suspension of Deportation and Special Rule Cancellation of Removal for Certain Nationals of Guatemala, El Salvador,

and Former Soviet Bloc Countries 1615-AA17

Inadmissibility and Deportability on Public Charge Grounds 1615-AA22

Battered and Abused Conditional Residents; Termination of Marriage by Conditional Residents 1615-AA29

National Interest Waivers for Second Preference Employment-Based Immigrant Physicians Serving in Medically

Underserved Areas or at Department of Veterans Affairs Facilities 1615-AA34

Adjustment of Status to That of Person Admitted for Permanent Residence; Temporary Removal of Certain Restrictions

of Eligibility 1615-AA40

Petition To Classify Alien as Immediate Relative of a U.S. Citizen or Preference Immigrant; Adjustment of Status to

That of a Person Admitted for Permanent Residence 1615-AA42

Classification of Aliens as Children of United States Citizens Based on Intercountry Adoptions Under the Hague

Convention 1615-AA43

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Children Born Outside the United States; Applications for Certificate of Citizenship 1615-AA45

Allowing for the Filing of Form I-140 Visa Petition Concurrently With a Form I-485 Application in Certain Circumstances 1615-AA46

Establishing Premium Processing Service for Employment-Based Petitions and Applications 1615-AA49

Adjustment of Status for Certain Nationals of Nicaragua, Cuba, and Haiti 1615-AA51

Removal of Limitations on the Validity Period for Employment Authorization Documents 1615-AA63

Requiring Change of Status From B-1 to F-1 or M-1 Nonimmigrant Prior To Pursuing a Course of Study 1615-AA73

Implementation of Amendments Affecting Petitions for Employment Creation for Aliens 1615-AA90

Extension of the Deadline for Certain Health Care Workers Required To Obtain Certificates 1615-AB28

Eligibility of Arriving Aliens in Removal Proceedings To Apply for Adjustment of Status and Jurisdiction To Adjudicate

Applications for Adjustment of Status 1615-AB50

Special Immigrant Juvenile Petitions 1615-AB81

U.S. Citizenship and Immigration Services - Completed Action

Title

Regulation 

Identifier 

Number

Regulations Concerning the Convention Against Torture 1615-AA19

Application for Refugee Status; Acceptable Sponsorship Agreement Guaranty of Transportation 1615-AA24

Revoking Grants of Naturalization 1615-AA30

Adjustment of Status for Certain Syrian Nationals Granted Asylum in the United States 1615-AA57

Electronic Signature on Applications and Petitions for Immigration and Naturalization Benefits 1615-AA83

Eliminating the Numerical Cap on Mexican TN Nonimmigrants 1615-AA96

Classification of Certain Scientists of the Commonwealth of Independent States of the Former Soviet Union and the

Baltic States as Employment-Based Immigrants 1615-AB14

Interpretation at Asylum Interviews 1615-AB35

Amendments to Regulatory Provisions Regarding Refugee and Asylee Relative Petitions 1615-AB54

Removing References to Filing Locations and Obsolete References to Legacy Immigration and Naturalization Service 1615-AB56

Classification of Adopted Aliens as Children of United States Citizens Based on Adoptions That Are Not Governed by

the Hague Convention 1615-AB57

Documents and Receipts Acceptable for Employment Eligibility Verification 1615-AB72

Commonwealth of the Northern Mariana Islands Transitional Worker Classification 1615-AB76

Immigration Benefits Business Transformation, Increment I 1615-AB83

Ineffective Assistance of Counsel Claims in Asylum Cases 1615-AB90

U.S. Coast Guard - PreRule

Title

Regulation 

Identifier 

Number

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

Potable Water Standards for Inspected Vessels 1625-AB51

Amendments to Chemical Testing Requirements in 46 CFR 16 and 33 CFR 95 1625-AB58

Tonnage Regulations Amendments 1625-AB74

U.S. Coast Guard - Proposed Rule

Title

Regulation 

Identifier 

Number

Discharge-Removal Equipment for Vessels Carrying Oil 1625-AA02

Marine Transportation-Related Facility Response Plans for Hazardous Substances 1625-AA12

Tank Vessel Response Plans for Hazardous Substances 1625-AA13

Numbering of Undocumented Barges 1625-AA14

Outer Continental Shelf Activities 1625-AA18

Commercial Diving Operations 1625-AA21

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Cargo Securing on Vessels Operating in U.S. Waters 1625-AA25

Dry Cargo Residue Discharges in the Great Lakes 1625-AA89

Inspection of Towing Vessels 1625-AB06

Transportation Worker Identification Credential (TWIC); Card Reader Requirements 1625-AB21

Consolidated Cruise Ship Regulations 1625-AB30

Assessment Framework and Organizational Restatement Regarding Preemption for Certain Regulations Issued by the

Coast Guard 1625-AB32

Updates to Maritime Security 1625-AB38

Vessel Documentation User Fees--Annual Renewal Fee 1625-AB56

MARPOL Annex 1 Update 1625-AB57

Harmonization of Standards for Fire Protection and Extinguishing Equipment 1625-AB59

Inflatable Personal Flotation Devices 1625-AB60

Bulk Packaging To Allow for Transfer of Hazardous Liquid Cargoes 1625-AB63

Top Screen Information Collection from MTSA-Regulated Facilities Handling Chemicals 1625-AB64

Revision of Coast Guard Auxiliary Regulations 1625-AB66

Reconsideration of Letters of Recommendation for Waterfront Facilities Handling LNG and LHG 1625-AB67

Ballast Water Management Reporting and Recordkeeping 1625-AB68

Revision of Crane Regulation Standards for Mobile Offshore Drilling Units, Offshore Supply Vessels, and Floating Outer

Continental Shelf Facilities 1625-AB78

U.S. Coast Guard - Final Rule

Title

Regulation 

Identifier 

Number

Implementation of the 1995 Amendments to the International Convention on Standards of Training, Certification, and

Watchkeeping (STCW) for Seafarers, 1978 1625-AA16

Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters 1625-AA32

Validation of Merchant Mariners' Vital Information and Issuance of Coast Guard Merchant Mariner's Documents (MMDs) 1625-AA81

Validation of Merchant Mariners' Vital Information and Issuance of Coast Guard Merchant Mariner's Licenses and

Certificates of Registry 1625-AA85

Vessel Requirements for Notices of Arrival and Departure, and Automatic Identification System 1625-AA99

Nontank Vessel Response Plans and Other Vessel Response Plan Requirements 1625-AB27

Carbon Dioxide Fire Suppression Systems on Commercial Vessels 1625-AB44

Changes to Standard Numbering System, Vessel Identification System, and Boating Accident Report Database 1625-AB45

Lifesaving Equipment, Production Testing, and Harmonization With International Standards 1625-AB46

Offshore Supply Vessels of At Least 6000 GT ITC 1625-AB62

Great Lakes Pilotage Rates--2012 Annual Review and Adjustment 1625-AB70

Exemption of Certain Seagoing Barges From Inspection 1625-AB71

Revision to Transportation Worker Identification Credential (TWIC) Requirements for Mariners 1625-AB80

Alternate Tonnage Threshold For Oil Spill Response Vessels 1625-AB82

U.S. Coast Guard - Long-term Action

Title

Regulation 

Identifier 

Number

Safety Zone Regulations 1625-AA00

Special Anchorage Areas/Anchorage Grounds Regulations 1625-AA01

State Access to the Oil Spill Liability Trust Fund (USCG-2004-19123) 1625-AA06

Regatta and Marine Parade Regulations 1625-AA08

Drawbridge Regulations 1625-AA09

Regulated Navigation Areas 1625-AA11

Improvements to Maritime Safety in Puget Sound-Area Waters 1625-AA22

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Rules of Practice, Procedure, and Evidence for Administrative Proceedings of the Coast Guard 1625-AA59

Commercial Fishing Industry Vessels 1625-AA77

Security Zone Regulations 1625-AA87

Implementation of Vessel Security Officer Training and Certification Requirements--International Convention on

Standards of Training, Certification, and Watchkeeping for Seafarers, 1978 1625-AB26

Installation and Use of Engine Cut-Off Switches on Recreational Vessels 1625-AB34

Approval of Classification Societies 1625-AB35

General Bridge Regulation, Amendment 1625-AB36

Marine Vapor Control Systems 1625-AB37

Waiver of Citizenship Requirements for Crewmembers on Commercial Fishing Vessels 1625-AB61

Vessels in U.S. Navigable Waters--Vital System Maintenance 1625-AB72

Recreational Vessel Propeller-Strike and Carbon Monoxide Poisoning Casualty Prevention 1625-AB73

Higher Volume Port Area--State of Washington 1625-AB75

Wider Caribbean Region Special Area Under MARPOL Annex V 1625-AB76

U.S. Coast Guard - Completed Action

Title

Regulation 

Identifier 

Number

Barges Carrying Bulk Liquid Hazardous Materials Cargoes 1625-AB53

Clarification of Discovery Rules Used in Administrative Proceedings of the U.S. Coast Guard 1625-AB54

Limited Service Domestic Voyage Load Lines for River Barges on Lake Michigan 1625-AB65

Navigation and Navigable Waters; Technical, Organizational, and Conforming Amendments (USCG-2011-0257) 1625-AB69

2011 Technical Amendments to 46 CFR 1625-AB77

International Anti-Fouling System Certificate 1625-AB79

U.S. Customs and Border Protection - PreRule

Title

Regulation 

Identifier 

Number

Morses Line Border Crossing 1651-AA88

U.S. Customs and Border Protection - Proposed Rule

Title

Regulation 

Identifier 

Number

Exemption From Entry Requirements for Certain Department of Defense Vessels and Aircraft 1651-AA89

Boquillas Border Crossing 1651-AA90

Internet Publication of Administrative Seizure/Forfeiture Notices 1651-AA94

U.S. Customs and Border Protection - Final Rule

Title

Regulation 

Identifier 

Number

Importer Security Filing and Additional Carrier Requirements 1651-AA70

Changes to the Visa Waiver Program To Implement the Electronic System for Travel Authorization (ESTA) Program 1651-AA72

Establishment of Global Entry Program 1651-AA73

Implementation of the Guam-CNMI Visa Waiver Program 1651-AA77

Permissible Sharing of Client Records by Customs Brokers 1651-AA80

Clarification of Countries and Geographic Areas Eligible for Participation in the Guam-Commonwealth of the Northern

Mariana Islands Visa Waiver Program 1651-AA81

Electronic System for Travel Authorization (ESTA): Fee for Use of the System 1651-AA83

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U.S. Customs and Border Protection - Long-term Action

Title

Regulation 

Identifier 

Number

Visa Waiver Program 1651-AA00

Inspection and Expedited Removal of Aliens; Detention and Removal of Aliens; Conduct of Removal Proceedings 1651-AA04

Establishment of Preinspected Automated Lane (PAL) Program 1651-AA06

Amendment of the Regulatory Definition of Arriving Alien 1651-AA07

Elimination of Immigration and Naturalization Service-Issued Mexican and Canadian Border Crossing Cards 1651-AA08

Extension of 25-Mile Limit at Select Arizona Ports-of-Entry 1651-AA11

Removal of Visa and Passport Waiver for Certain Permanent Residents of Canada and Bermuda 1651-AA23

Nonimmigrant Visa Exemption for Nationals of the British Virgin Islands Entering the United States Through St. Thomas,

U.S. Virgin Islands 1651-AA29

Procedures Governing the Border Release Advanced Screening and Selectivity (BRASS) Program 1651-AA35

Access to Customs Security Areas at Airports 1651-AA38

Passenger Name Record Information Required for Passengers on Flights in Foreign Air Transportation To or From the

United States 1651-AA40

Extension of Time Limit on Admission of Certain Mexican Nationals 1651-AA60

Abbreviation or Waiver of Training for State or Local Law Enforcement Officers Authorized To Enforce Immigration Law

During a Mass Influx of Aliens 1651-AA67

Academic Honorarium for B Nonimmigrant Aliens 1651-AA85

Closing of the Port of Whitetail, Montana 1651-AA93

U.S. Customs and Border Protection - Completed Action

Title

Regulation 

Identifier 

Number

Issuance of an Arrival and Departure Form (I-94) Valid for Multiple Entries for Certain Aliens 1651-AA75

Civil Monetary Penalties Inflation Adjustment 1651-AA91

Changes to the In-Bond Process 1651-AA92

Transportation Security Administration - Proposed Rule

Title

Regulation 

Identifier 

Number

Aviation Security Infrastructure Fees (ASIF) 1652-AA01

Modification of the Aviation Security Infrastructure Fee (ASIF) (Market Share) 1652-AA43

General Aviation Security and Other Aircraft Operator Security 1652-AA53

Sensitive Security Information: Disclosure in Federal Civil Court Proceedings 1652-AA54

Freight Railroads, Public Transportation and Passenger Railroads, and Over-the-Road Buses--Security Training of

Employees 1652-AA55

Freight Railroads and Passenger Railroads--Vulnerability Assessment and Security Plan 1652-AA56

Standardized Vetting, Adjudication, and Redress Services 1652-AA61

Transportation Security Administration - Final Rule

Title

Regulation 

Identifier 

Number

Aircraft Repair Station Security 1652-AA38

Air Cargo Screening 1652-AA64

Transportation Security Administration - Long-term Action

Title

Regulation 

Identifier 

Number

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Imposition and Collection of Passenger Civil Aviation Security Service Fees 1652-AA00

Civil Aviation Security Rules 1652-AA02

Security Programs for Aircraft Weighing 12,500 Pounds or More 1652-AA03

Protection of Sensitive Security Information (SSI) 1652-AA08

Criminal History Records Checks (CHRC) 1652-AA11

Transportation of Explosives From Canada to the United States Via Commercial Motor Vehicle and Railroad Carrier 1652-AA16

Flight Training for Aliens and Other Designated Individuals; Security Awareness Training for Flight School Employees 1652-AA35

Ronald Reagan Washington National Airport: Enhanced Security Procedures for Certain Operations 1652-AA49

Drivers Licensed by Canada or Mexico Transporting Hazardous Materials To and Within the United States 1652-AA50

Transportation Security Administration - Completed Action

Title

Regulation 

Identifier 

Number

Freight Railroads--Security Training of Employees 1652-AA57

Freight Railroads--Vulnerability Assessment and Security Plan 1652-AA58

Over-the-Road Buses--Security Training of Employees 1652-AA59

Over-the-Road Buses--Vulnerability Assessment and Security Plan 1652-AA60

U.S. Immigration and Customs Enforcement - Proposed Rule

Title

Regulation 

Identifier 

Number

Clarification of Eligibility Criteria for F and M Students and for Schools Certified by the Student and Exchange Visitor

Program To Enroll F and/or M Students 1653-AA44

Continued Detention of Aliens Subject to Final Orders of Removal 1653-AA60

U.S. Immigration and Customs Enforcement - Final Rule

Title

Regulation 

Identifier 

Number

Continued Detention of Aliens Subject to Final Orders of Removal 1653-AA13

Extending Period for Optional Practical Training by 17 Months for F-1 Nonimmigrant Students With STEM Degrees and

Expanding the CAP-GAP Relief for All F-1 Students With Pending H-1B Petitions 1653-AA56

Addition of Law Enforcement Specialists to 8 CFR Parts 103 and 287 1653-AA62

U.S. Immigration and Customs Enforcement - Long-term Action

Title

Regulation 

Identifier 

Number

Requiring Aliens Ordered Removed From the United States To Surrender to the Department of Homeland Security for

Removal 1653-AA05

Early Release for Removal of Criminal Aliens in State Custody for Nonviolent Offenses 1653-AA06

Power of Secretary of the Department of Homeland Security To Terminate Deportation Proceedings and Initiate

Removal Proceedings 1653-AA08

Protection and Assistance for Victims of Trafficking 1653-AA09

Custody Procedures 1653-AA14

Technical Amendments Relating to Immigration Bonds 1653-AA20

Changes in Registration Policies and Monitoring of Certain Nonimmigrants 1653-AA29

Extending the Period of Duration of Status for Certain F and J Nonimmigrant Aliens 1653-AA30

Requiring Certification of All Service-Approved Schools for Enrollment in the Student and Exchange Visitor Information

System (SEVIS) 1653-AA31

Strengthening Control Over Immigration Surety Bonds 1653-AA45

Authorizing Suspension of Employment Authorization Requirements on the Basis of Severe Economic Hardship for F-1

Students and Emergent Circumstances 1653-AA61

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U.S. Immigration and Customs Enforcement - Completed Action

Title

Regulation 

Identifier 

Number

Amendment of Regulations for F and M Students in Flight Training and for Schools Certified by DHS To Enroll F and/or

M Students in Flight Training 1653-AA43

Federal Emergency Management Agency - Proposed Rule

Title

Regulation 

Identifier 

Number

Management Costs 1660-AA21

Update of FEMA's Public Assistance Regulations 1660-AA51

Housing Assistance Due to Structural Damage 1660-AA68

Public Assistance Cost Estimating Format for Large Projects 1660-AA73

Federal Emergency Management Agency - Final Rule

Title

Regulation 

Identifier 

Number

Disaster Assistance; Crisis Counseling Regular Program; Amendment to Regulation 1660-AA23

Federal Emergency Management Agency - Long-term Action

Title

Regulation 

Identifier 

Number

National Urban Search and Rescue Response System 1660-AA07

National Flood Insurance Program (NFIP); Insurance Coverage and Rates 1660-AA09

Disaster Assistance; Federal Assistance to Individuals and Households 1660-AA18

National Flood Insurance Program (NFIP); Group Flood Insurance Policy (GFIP) 1660-AA22

National Flood Insurance Program (NFIP); Assistance to Private Sector Property Insurers 1660-AA28

Disaster Assistance; Public Assistance Repetitive Damage 1660-AA47

Federal Emergency Management Agency - Completed Action

Title

Regulation 

Identifier 

Number

Disaster Assistance; Hazard Mitigation Grant Program 1660-AA02

National Flood Insurance Program (NFIP); Assistance to Private Sector Property Insurers; Extension of Term of

Arrangement 1660-AA29

National Flood Insurance Program; Standard Flood Insurance Policy; Expansion of Increased Cost of Compliance (ICC)

Coverage and Prospective Payment of Flood Insurance Premiums 1660-AA30

National Flood Insurance Program (NFIP); Assistance to Private Sector Property Insurers; Compensation for FIRA

Implementation 1660-AA48

Executive Reserve for Employment During Periods of National Defense Emergency 1660-AA55

Federal Emergency Management Agency Stafford Act Mission Assignments 1660-AA60

Department of Homeland Security (DHS) 

Office of the Secretary ( OS ) RIN: 1601-AA00

 View Related Documents

Title: Freedom of Information Act and Privacy Act Procedures

Abstract: This rulemaking action will revise 6 CFR part 5, which contains the Department of Homeland Security's (DHS)

Freedom of Information Act (5 U.S.C. 552) (FOIA) and Privacy Act (5 U.S.C. 552a) regulations. This rulemaking action will

amend DHS' FOIA regulations including those provisions governing information subject to Privacy Act exemptions and

Regulations.gov Friday, January 20, 2012 Unified Agenda

11
procedures for verification of the identity of Privacy Act requesters. FOIA provides for the disclosure of agency records to the

public unless that information is exempt under clearly delineated statutory language. The Privacy Act regulates the collection,

maintenance, use, and dissemination of Personally Identifiable Information (PII) maintained by agencies and departments of the

executive branch, including DHS. The procedures established here would assist the Department in satisfying its responsibilities

to the public to disclose Departmental information while at the same time safeguarding individual privacy.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 6 CFR 5 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 107-296, 116 Stat 2135; 5 USC 301; 5 USC 552 to 552a

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 01/27/2003 

Interim Final Rule 01/27/2003 68 FR 4056 

Interim Final Rule Comment Period End 02/26/2003 

NPRM 03/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: James Holzer

Associate Director, Disclosure and FOIA Operations

Department of Homeland Security

Office of the Secretary

1601 N. Kent Street

Arlington , VA 22209 

Phone: 703 235-0149 

E-Mail: james.holzer@dhs.gov

Department of Homeland Security (DHS) 

Office of the Secretary ( OS ) RIN: 1601-AA03

 View Related Documents

Title: Enforcement of Nondiscrimination on the Basis of Disability in Department of Homeland Security Programs or Activities

Abstract: This interim final rule establishes for the Department of Homeland Security procedures for the enforcement of

section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap, as it applies

to programs or activities conducted by the Department. The rule establishes standards for what constitutes discrimination on the

basis of mental or physical handicap, provides a definition for individuals with handicaps and qualified individuals with

handicaps, and establishes a complaint mechanism for resolving allegations of discrimination.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 6 CFR 15.1 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 107-296, 116 Stat 2135; 5 USC 301; 29 USC 794

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 03/06/2003 68 FR 10886 

Interim Final Rule Effective 04/07/2003 

Interim Final Rule Comment Period End 04/07/2003 

NPRM 06/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

12
Agency Contact: Tamara Kessler 

Deputy Officer for Civil Rights and Civil Liberties

Department of Homeland Security

Office of the Secretary

131 M Street NE, 6th Floor, 06-P01

Washington , DC 20001 

Phone: 202 357-6272 

E-Mail: tamara.kessler@dhs.gov

Department of Homeland Security (DHS) 

Office of the Secretary ( OS ) RIN: 1601-AA04

 View Related Documents

Title: Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance

Abstract: This action establishes for the Department of Homeland Security procedures for effectuating title IX of the Education

Amendments of 1972, as amended (except sections 904 and 906 of those Amendments), which is designed to eliminate (with

certain exceptions) discrimination on the basis of sex in any education program or activity receiving Federal financial assistance,

whether or not such program or activity is offered or sponsored by an educational institution as defined in these title IX

regulations.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 6 CFR 17.1 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 107-296, 116 Stat 2135; 5 USC 301; 20 USC 1681 to 1683; 20 USC 1685 to 1688

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 03/06/2003 

Interim Final Rule 03/06/2003 68 FR 10892 

Interim Final Rule Comment Period End 04/07/2003 

NPRM 06/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: Tamara Kessler

Deputy Officer for Civil Rights and Civil Liberties

Department of Homeland Security

Office of the Secretary

131 M Street NE, 6th Floor, 06-P01

Washington , DC 20001 

Phone: 202 357-6272 

E-Mail: tamara.kessler@dhs.gov

Department of Homeland Security (DHS) 

Office of the Secretary ( OS ) RIN: 1601-AA05

 View Related Documents

Title: Regulations Regarding Nondiscrimination on the Basis of Race, Color, or National Origin in Programs or Activities

Receiving Federal Financial Assistance

Abstract: This action effectuates the provisions of title VI of the Civil Rights Act of 1964 to the end that no person in the United

States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be

otherwise subjected to discrimination under any program or activity receiving Federal financial assistance from the Department

of Homeland Security.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Regulations.gov Friday, January 20, 2012 Unified Agenda

13
Major: No Unfunded Mandates: No

CFR Citation: 6 CFR 21.1 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 107-296, 116 Stat 2135; 5 USC 310; 42 USC 2000d to 2000d-7

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 03/06/2003 

Interim Final Rule 03/06/2003 68 FR 10904 

Interim Final Rule Comment Period End 04/07/2003 

NPRM 06/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: Tamara Kessler

Deputy Officer for Civil Rights and Civil Liberties

Department of Homeland Security

Office of the Secretary

131 M Street NE, 6th Floor, 06-P01

Washington , DC 20001 

Phone: 202 357-6272 

E-Mail: tamara.kessler@dhs.gov

Department of Homeland Security (DHS) 

Office of the Secretary ( OS ) RIN: 1601-AA17

 View Related Documents

Title: Supplemental Standards of Ethical Conduct for Employees of the Department of Homeland Security

Abstract: This regulation will supplement the executive branch-wide Standards of Ethical Conduct for employees of the

Department of Homeland Security. This regulation will replace the existing supplemental ethics regulations of other

departments, pieces of which were incorporated into DHS that have continued to apply to those employees whose duties and

organizational structure have remained largely unchanged after their incorporation. Two significant areas to be addressed by the

supplemental regulation are outside employment and the prohibited purchase of Government-owned, seized, or forfeited

property by DHS employees.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 5 CFR 4601 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 CFR 2635.105

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/12/2011 76 FR 63206 

NPRM Comment Period End 12/12/2011 

Final Action 06/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Susan Heller Bailey 

Legal Advisor for Ethics (Acting)

Department of Homeland Security

Office of the Secretary

Washington , DC 20528 

Phone: 202 447-3266 

FAX: 202 282-9099

Regulations.gov Friday, January 20, 2012 Unified Agenda

14
E-Mail: susan.h.bailey@dhs.gov

Department of Homeland Security (DHS) 

Office of the Secretary ( OS ) RIN: 1601-AA52

 View Related Documents

Title: Secure Handling of Ammonium Nitrate Program

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."

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Yes Unfunded Mandates: Private Sector

CFR Citation: 6 CFR 31 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 2008 Consolidated Appropriations Act, sec 563, subtitle J--Secure Handling of Ammonium Nitrate, PL 110-

161

Legal Deadline: 

Action Source Description Date

NPRM Statutory Publication of Notice of Proposed Rulemaking 05/26/2008 

Regulatory Plan:

Statement of Need: Pursuant to section 563 of the 2008 Consolidated Appropriations Act, subtitle J--Secure Handling of

Ammonium Nitrate, Public Law 110-161, the Department of Homeland Security is required to promulgate a rulemaking to create

a registration regime for certain buyers and sellers of ammonium nitrate. The rule, as proposed by this NPRM, would create that

regime, and would aid the Federal Government in its efforts to prevent the misappropriation of ammonium nitrate for use in acts

of terrorism. By preventing such misappropriation, this rule could limit terrorists' abilities to threaten the public and to threaten

the Nation's critical infrastructure and key resources. By securing the Nation's supply of ammonium nitrate, it should be much

more difficult for terrorists to obtain ammonium nitrate materials for use in improvised explosive devices. As a result, there is a

direct value in the deterrence of a catastrophic terrorist attack using ammonium nitrate, such as the Oklahoma City attack that

killed over 160 and injured 853 people.

Legal Basis: Section 563 of the 2008 Consolidated Appropriations Act, subtitle J--Secure Handling of Ammonium Nitrate,

Public Law 110-161, authorizes and requires this rulemaking.

Alternatives: The Department considered several alternatives when developing the Ammonium Nitrate Security Program

proposed rule. The alternatives considered were: (a) Register individuals applying for an AN Registered User Number using a

paper application (via facsimile or the U.S. mail) rather than through in person application at a local Cooperative Extension

office or only through a web-based portal; (b) verify AN Purchasers through both an Internet based verification portal and call

center rather than only a verification portal or call center; (c) communicate with applicants for an AN Registered User Number

through U.S. Mail rather than only through e-mail or a secure web-based portal; (d) establish a specific capability within the

Department to receive, process, and respond to reports of theft or loss rather than leverage a similar capability which already

exists with the ATF; (e) require AN Facilities to maintain records electronically in a central database provided by the

Department rather than providing flexibility to the AN Facility to maintain their own records either in paper or electronically; (f)

require agents to register with the Department prior to the sale or transfer of ammonium nitrate involving an agent rather than

allow oral confirmation of the agent with the AN Purchaser on whose behalf the agent is working; and (g) exempt explosives

from this regulation rather than not exempting them. As part of its notice of proposed rulemaking, the Department seeks public

comment on the numerous alternative ways in which the final Secure Handling of Ammonium Nitrate Program could carry out

the requirements of the Secure Handling of Ammonium Nitrate Act.

Costs and Benefits: The Department estimates the number of entities that purchase ammonium nitrate to range from 64,950

to 106,200. These purchasers include farms, fertilizer mixers, farm supply wholesalers and cooperatives (co-ops), golf courses,

landscaping services, explosives distributors, mines, retail garden centers, and lab supply wholesalers. The Department

estimates the number of entities that sell ammonium nitrate to be between 2,486 and 6,236, many of which are also

purchasers. These sellers include ammonium nitrate fertilizer and explosive manufacturers, fertilizer mixers, farm supply

wholesalers and co-ops, retail garden centers, explosives distributors, fertilizer applicator services, and lab supply wholesalers.

Individuals or firms that provide transportation services within the distribution chain may be categorized as sellers, agents, or

facilities depending upon their business relationship with the other parties to the transaction. The total number of potentially

regulated farms and other businesses ranges from 64,986 to 106,236 (including overlap between the categories). The cost of

this proposed rule ranges from $300 million to $1,041 million over 10 years at a 7 percent discount rate. The primary estimate is

Regulations.gov Friday, January 20, 2012 Unified Agenda

15
the mean which is $670.6 million. For comparison, at a 3 percent discount rate, the cost of the program ranges from $364

million to $1.3 billion with a primary (mean) estimate of $814 million. The average annualized cost for the program ranges from

$43 million to $148 million (with a mean of $96 million), also employing a 7 percent discount rate. Because the value of the

benefits of reducing risk of a terrorist attack is a function of both the probability of an attack and the value of the consequence,

it is difficult to identify the particular risk reduction associated with the implementation of this rule. These elements and related

qualitative benefits include point of sale identification requirements and requiring individuals to be screened against the Terrorist

Screening Database (TSDB) resulting in known bad actors being denied the ability to purchase ammonium nitrate. The

Department of Homeland Security aims to prevent terrorist attacks within the United States and to reduce the vulnerability of

the United States to terrorism. By preventing the misappropriation or use of ammonium nitrate in acts of terrorism, this

rulemaking will support the Department's efforts to prevent terrorist attacks and to reduce the Nation's vulnerability to terrorist

attacks. This rulemaking is complementary to other Department programs seeking to reduce the risks posed by terrorism,

including the Chemical Facility Anti-Terrorism Standards program (which seeks in part to prevent terrorists from gaining access

to dangerous chemicals) and the Transportation Worker Identification Credential program (which seeks in part to prevent

terrorists from gaining access to certain critical infrastructure), among other programs.

Risks: Explosives containing ammonium nitrate are commonly used in terrorist attacks. Such attacks have been carried out

both domestically and internationally. The 1995 Murrah Federal Building attack in Oklahoma City claimed the lives of 167

individuals and demonstrated firsthand to America how ammonium nitrate could be misused by terrorists. In addition to the

Murrah Building attack, the Provisional Irish Republican Army used ammonium nitrate as part of its London, England bombing

campaign in the early 1980s. More recently, ammonium nitrate was used in the 1998 East African Embassy bombings and in

November 2003 bombings in Istanbul, Turkey. Additionally, since the events of 9/11, stores of ammonium nitrate have been

confiscated during raids on terrorist sites around the world, including sites in Canada, England, India, and the Philippines.

Timetable:

Action Date FR Cite

ANPRM 10/29/2008 73 FR 64280 

Correction 11/05/2008 73 FR 65783 

ANPRM Comment Period End 12/29/2008 

NPRM 08/03/2011 76 FR 46908 

Notice of Public Meetings 10/07/2011 76 FR 62311 

Notice of Public Meetings 11/14/2011 76 FR 70366 

NPRM Comment Period End 12/01/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal

Federalism: Yes

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: Jon MacLaren

Ammonium Nitrate Program Manager

Department of Homeland Security

Office of the Secretary

Infrastructure Security Compliance Division (NPPD/ISCD) Mail Stop 0610 245 Murray Lane SW.

Arlington , VA 20598-0610 

Phone: 703 235-5263 

E-Mail: jon.m.maclaren@hq.dhs.gov

Department of Homeland Security (DHS) 

Office of the Secretary ( OS ) RIN: 1601-AA56

 View Related Documents

Title: Petitions for Rulemaking, Amendment, or Repeal

Abstract: The Administrative Procedure Act requires all agencies to allow members of the public to petition for the issuance of

new rules or changes to or repeal of existing rules. Pursuant to that requirement, DHS is proposing a petition process for

departmental rulemaking actions.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 6 USC 101 et seq; 5 USC 553(e)

Legal Deadline: None

Regulations.gov Friday, January 20, 2012 Unified Agenda

16
Timetable:

Action Date FR Cite

NPRM 06/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Christina McDonald

Associate General Counsel for Regulatory Affairs (Acting)

Department of Homeland Security

Office of the Secretary

Washington , DC 20528 

Phone: 202 447-3626 

E-Mail: christina.mcdonald@dhs.gov

Department of Homeland Security (DHS) 

Office of the Secretary ( OS ) RIN: 1601-AA65

 View Related Documents

Title: Homeland Security Acquisition Regulation, Subcontractor Labor Hour Rates Under Time and Materials Contracts

Abstract: The Department of Homeland Security (DHS) is proposing to amend its Homeland Security Acquisition Regulation

(HSAR) parts 3016 and 3052 to require DHS contracts for time and material or labor hours (T&M/LH) to include separate labor

hour rates for subcontractors and a description of the method that will be used to record and bill for labor hours for both

contractors and subcontractors.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 48 CFR 3016; 48 CFR 3052 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 5 USC 302; 41 USC 418b (a); 41 USC 418b(b); 41 USC 414; 48 CFR part 1, subpart 1.3; DHS

Delegation Number 0700

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/00/2012 

NPRM Comment Period End 05/00/2012 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Jeremy F. Olson 

Senior Procurement Analyst

Department of Homeland Security

Office of the Secretary

Office of the Chief Procurement Officer

Washington , DC 20528 

Phone: 202 447-5197 

FAX: 202 447-5310

E-Mail: jerry.olson@dhs.gov

Department of Homeland Security (DHS) 

Office of the Secretary ( OS ) RIN: 1601-AA28

 View Related Documents

Title: Homeland Security Acquisition Regulation (HSAR): Revision Initiative

Regulations.gov Friday, January 20, 2012 Unified Agenda

17
Abstract: The Department of Homeland Security is proposing to issue changes to the Department of Homeland Security

Acquisition Regulation (HSAR) as authorized by 41 U.S.C. 418b. The changes will update DHS policies and procedures;

implement section 695, title VI of the Department of Homeland Security Appropriations Act for 2007; and incorporate revised

agency acquisition regulatory language as necessary in parts 3001 through 3052 to correspond with the current Federal

Acquisition Regulation (FAR) as promulgated by the Federal Acquisition Circulars (FACs), and current Department of Homeland

Security policies.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: Undetermined

CFR Citation: 48 CFR 3001 to 3052 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 418b(a) and 418(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/13/2010 75 FR 55529 

NPRM Comment Period End 11/12/2010 

Final Rule 03/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Teresa McConahie Department of Homeland Security

Office of the Secretary

Office of the Chief of Procurement Officer

Washington , DC 20528 

Phone: 202 447-0271 

E-Mail: teresa.mcconahie@dhs.gov

Department of Homeland Security (DHS) 

Office of the Secretary ( OS ) RIN: 1601-AA43

 View Related Documents

Title: Revision of Department of Homeland Security Acquisition Regulation (HSAR); Notification on Limitation in Subcontracting

(HSAR Case 2007-004)

Abstract: The Department of Homeland Security (DHS) is proposing to amend the Department of Homeland Security

Acquisition Regulation (HSAR), 48 CFR chapter 30, to provide notice to implement Public Law 109-295, title VI, section 692,

Limitations on Tiering of Subcontractors. This limitation applies to any cost-reimbursement type contract or task or delivery order

in an amount greater than the simplified acquisition threshold (as defined by section 4 of the Office of Federal Procurement

Policy Act (41 U.S.C. 403)) entered into to facilitate response to or recovery from a natural disaster, act of terrorism, or other

man-made disaster. A contractor is prohibited from using subcontractors for more than 65 percent of the cost of the contract or

the cost of any individual task or delivery order (not including overhead or fee), unless the contracting officer determines that the

65 percent limitation is not feasible or practicable.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 30 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 109-295, sec 692

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/09/2010 75 FR 32723 

NPRM Comment Period End 08/09/2010 

Final Rule 03/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: Business Federalism: No

Energy Affected: Undetermined

Agency Contact: Jeremy F. Olson 

Regulations.gov Friday, January 20, 2012 Unified Agenda

18
Senior Procurement Analyst

Department of Homeland Security

Office of the Secretary

Office of the Chief Procurement Officer

Washington , DC 20528 

Phone: 202 447-5197 

FAX: 202 447-5310

E-Mail: jerry.olson@dhs.gov

Department of Homeland Security (DHS) 

Office of the Secretary ( OS ) RIN: 1601-AA46

 View Related Documents

Title: Implementation of OMB Guidance on Nonprocurement Debarment and Suspension

Abstract: The Department of Homeland Security has issued regulations at 2 CFR 3000 to implement the Office of

Management and Budget (OMB) guidance on nonprocurement debarment and suspension. Through that action, the Department

of Homeland Security joined the existing Governmentwide nonprocurement debarment and suspension system. Prior to the

creation of the Department of Homeland Security, agencies, or parts of agencies, now located within DHS, were already

participating in that Governmentwide system.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 2 CFR 3000 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 107-296, 116 Stat 2135; PL 103-355, 108 Stat 3243

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 07/16/2009 74 FR 34495 

Interim Final Rule Comment Period End 08/17/2009 

Interim Final Rule Effective 08/17/2009 

Final Rule 03/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: Geri Johnson

Policy Analyst

Department of Homeland Security

Office of the Secretary

301 7th Street SW. Room 5608

Washington , DC 20528 

Phone: 202 447-0848 

E-Mail: geri.johnson1@dhs.gov

Agency Contact: Cara Whitehead

Deputy Director

Department of Homeland Security

Office of the Secretary

301 7th Street SW. Room 4642-01

Washington , DC 20528 

Phone: 202 447-0098 

E-Mail: cara.whitehead@dhs.gov

Agency Contact: Sonya Dimas

Sr. Policy Advisor

Department of Homeland Security

Office of the Secretary

301 7th Street SW. Room 4602-08

Washington , DC 20528 

Phone: 202 447-5116 

Regulations.gov Friday, January 20, 2012 Unified Agenda

19
E-Mail: sonya.dimas@dhs.gov

Department of Homeland Security (DHS) 

Office of the Secretary ( OS ) RIN: 1601-AA49

 View Related Documents

Title: Homeland Security Acquisition Regulation (HSAR); Lead System Integrators

Abstract: The Department of Homeland Security is proposing to issue changes to the Department of Homeland Security

Acquisition Regulation to include implementation of section 6405, The U.S. Troop Readiness, Veterans' Care, Katrina Recovery,

and Iraq Accountability Appropriations Act, 2007, Public Law 110-28. The changes are planned to add new Lead System

Integrator language to provide definitions, policies, prohibitions, and waiver processes for entities having a financial interest in

elements of systems.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 3002; 48 CFR 3007; 48 CFR 3009; 48 CFR 3016; 48 CFR 3034; 48 CFR 3035; 48 CFR 3052 (To

search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007,

PL 110-28

Legal Deadline: The deadline is established by section 6405 of Public Law 110-28. It requires DHS to update the Homeland

Security Acquisition Regulations in order to specify fully in such regulations the matters with respect to lead system integrators

set forth in section 6405.

Action Source Description Date

Other Statutory Interim Rule 07/01/2007 

Timetable:

Action Date FR Cite

Interim Final Rule Effective 07/15/2010 

Interim Final Rule 07/15/2010 75 FR 41097 

Interim Final Rule Comment Period End 08/16/2010 

Final Rule 03/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: Undetermined

Agency Contact: Timothy Frank

Senior Procurement Analyst

Department of Homeland Security

Office of the Secretary

Management, OCPO Room 3114-11 301 7th Street SW.

Washington , DC 20528 

Phone: 202 447-5252 

E-Mail: tim.frank@dhs.gov

Department of Homeland Security (DHS) 

Office of the Secretary ( OS ) RIN: 1601-AA64

 View Related Documents

Title: Audit Standards For Federal Awards to States, Local Governments, and Nonprofit Organizations

Abstract: Through this interim rule, the Department of Homeland Security (DHS) creates new part 23 of title 6 of the Code of

Federal Regulations (CFR). The new part 23 implements Office of Management and Budget (OMB) Circular A-133, "Audits of

States, Local Governments, and Non-Profit Organizations."

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: Undetermined

CFR Citation: 6 CFR 23 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Regulations.gov Friday, January 20, 2012 Unified Agenda

20
Legal Authority: 31 USC 7501 to 7507; OMB Circular A-133; 62 FR 35278; 68 FR 38401

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 03/00/2012 

Interim Final Rule Comment Period End 05/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Geri Johnson

Policy Analyst

Department of Homeland Security

Office of the Secretary

301 7th Street SW. Room 5608

Washington , DC 20528 

Phone: 202 447-0848 

E-Mail: geri.johnson1@dhs.gov

Department of Homeland Security (DHS) 

Office of the Secretary ( OS ) RIN: 1601-AA01

 View Related Documents

Title: Production or Disclosure of Official Information in Connection With Legal Proceedings

Abstract: This action establishes procedures governing the disclosure of information in connection with litigation and certain

other types of proceedings.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 6 CFR 5.1 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 107-296, 116 Stat 2135; 5 USC 301; 5 USC 552 to 552(a)

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

Interim Final Rule Effective 01/27/2003 

Interim Final Rule 01/27/2003 68 FR 4070 

Interim Final Rule Comment Period End 02/26/2003 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Robert Paschall

Deputy Associate General Counsel (Acting)

Department of Homeland Security

Office of the Secretary

Office of the General Counsel

Washington , DC 20528 

Phone: 202 282-9762 

E-Mail: robert.paschall@dhs.gov

Department of Homeland Security (DHS) 

Office of the Secretary ( OS ) RIN: 1601-AA12

 View Related Documents

Regulations.gov Friday, January 20, 2012 Unified Agenda

21
Title: Regulations Imposing Restrictions Upon Lobbying

Abstract: This interim final rule established those procedures necessary to fulfill departmental obligations to impose restrictions

upon lobbying. Except to the extent a Department component has adopted separate guidance under 31 U.S.C. 1352, the

provisions of this subpart shall apply to each component of the Department of Homeland Security (DHS). This regulation

establishes procedures concerning general prohibitions on lobbying and the use of certain appropriated funds, and the

appropriate penalties for violations of those prohibitions. The purpose of the procedures is to ensure that neither the recipients

of appropriated funds, nor the employees of DHS inappropriately solicit for action by the Congress.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 6 CFR 9.1 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 107-296, 116 Stat 2135; 5 USC 301; 31 USC 1352, PL 101-121

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

Interim Final Rule Effective 03/06/2003 

Interim Final Rule 03/06/2003 68 FR 10912 

Interim Final Rule Comment Period End 04/07/2003 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: Robert Paschall

Deputy Associate General Counsel (Acting)

Department of Homeland Security

Office of the Secretary

Office of the General Counsel

Washington , DC 20528 

Phone: 202 282-9762 

E-Mail: robert.paschall@dhs.gov

Department of Homeland Security (DHS) 

Office of the Secretary ( OS ) RIN: 1601-AA23

 View Related Documents

Title: Collection of Nontax Debts Owed to the Department of Homeland Security

Abstract: This rule implemented the Department of Homeland Security's (DHS) debt collection regulations to conform to the

Debt Collection Act of 1982, Public Law 97-365, 96 Stat. 1749 (Oct. 25, 1982), as amended by the Debt Collection

Improvement Act of 1996 (DCIA), Public Law 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996); the Federal Claims Collection

Standards, 31 CFR chapter IX (parts 900 through 904); and other laws applicable to the collection of nontax debts owed to

DHS entities. DHS adopts the Governmentwide debt collection standards promulgated by the Departments of the Treasury and

Justice, known as the Federal Claims Collection Standards (FCCS), as revised on November 22, 2000 (65 FR 70390), and

supplements the FCCS by prescribing procedures consistent with the FCCS, as necessary and appropriate for DHS operations.

DHS entities may, but are not required to, promulgate additional policies and procedures consistent with this regulation, the

FCCS, and other applicable Federal laws, policies, and procedures. This regulation also provides the procedures for the

collection of debts owed to other Federal agencies when a request for offset is received by DHS. This regulation does not apply

to the collection of tax debts, which is governed by the Internal Revenue Code of 1986 (26 U.S.C. et seq.), and regulations,

policies, and procedures issued by the Internal Revenue Service or other Federal agency collecting tax debts. Nothing in this

regulation precludes the use of collection remedies not contained in this regulation. For example, DHS entities may collect

unused travel advances through offset of an employee's pay under 5 U.S.C. 5705. DHS entities and other Federal agencies

may simultaneously use multiple collection remedies to collect a debt, except as prohibited by law.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 6 CFR 11.1 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 107-296; 116 Stat 2135; 5 USC 301; 5 USC 5514; 26 USC 6402; 31 USC 3701; 31 USC 3711; 31 USC

3716 to 3718; 31 USC 3720A and 3720B; 31 USC 3720D; ...

Regulations.gov Friday, January 20, 2012 Unified Agenda

22
Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

Interim Final Rule Effective 01/30/2007 

Interim Final Rule 01/30/2007 72 FR 4189 

Interim Final Rule Comment Period End 03/01/2007 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: Robert Paschall

Deputy Associate General Counsel (Acting)

Department of Homeland Security

Office of the Secretary

Office of the General Counsel

Washington , DC 20528 

Phone: 202 282-9762 

E-Mail: robert.paschall@dhs.gov

Department of Homeland Security (DHS) 

Office of the Secretary ( OS ) RIN: 1601-AA34

 View Related Documents

Title: Collection of Alien Biometric Data Upon Exit From the United States at Air and Sea Ports of Departure; United States

Visitor and Immigrant Status Indicator Technology Program (US-VISIT)

Abstract: DHS established the United States Visitor and Immigrant Status Indicator Technology Program (US-VISIT) in

accordance with a series of legislative mandates requiring that DHS create an integrated automated entry-exit system that

records the arrival and departure of aliens, verifies aliens' identities, and authenticates travel documents. Thee NPRM proposed

that all aliens provide biometric identifiers at entry and upon departure at any air and sea port of entry at which facilities exist to

collect such information.

Priority: Economically Significant Agenda Stage of Rulemaking: Long-term Action

Major: Yes Unfunded Mandates: Private Sector

CFR Citation: 8 CFR 215.1; 8 CFR 215.8 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101 to 1104; 8 USC 1182; 8 USC 1184 to 1185 (pursuant to EO 13323); 8 USC 1221; 8 USC

1365a, 1365b; 8 USC 1379; 8 USC 1731 to 1732

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

NPRM 04/24/2008 73 FR 22065 

NPRM Comment Period End 06/23/2008 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Related RINs: Previously Reported as 1650-AA04

Agency Contact: Long D. Kaiser

Policy Analyst, National Protection and Programs Directorate (NPPD), US-VISIT

Department of Homeland Security

Office of the Secretary

Washington , DC 20528 

Phone: 202 295-0735 

E-Mail: long.d.kaiser@dhs.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

23
Department of Homeland Security (DHS) 

Office of the Secretary ( OS ) RIN: 1601-AA40

 View Related Documents

Title: Nondiscrimination in Matters Pertaining to Faith-Based Organizations

Abstract: This rule will implement Executive Branch policy that, consistent with constitutional church-state parameters, faithbased organizations compete on an equal footing with other organizations for Federal funding, and participate on an equal

footing with other organizations in federally funded activities. This rulemaking is intended to ensure that the Department's

programs are implemented in a manner consistent with the requirements of the First Amendment to the Constitution.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 6 CFR 19 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: EO 13279; EO 13403

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

NPRM 01/14/2008 73 FR 2187 

NPRM Comment Period End 02/13/2008 

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: Organizations Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: David L. Myers 

Director, DHS Center for Faith Based and Community Initiatives

Department of Homeland Security

Office of the Secretary

500 C Street SW.

Washington , DC 20472-3100 

Phone: 202 646-4380 

FAX: 202 646-2689

E-Mail: david.myers1@dhs.gov

Department of Homeland Security (DHS) 

Office of the Secretary ( OS ) RIN: 1601-AA58

 View Related Documents

Title: Professional Conduct for Practitioners Rules and Procedures, and Representation and Appearances

Abstract: On February 2, 2010, the Department of Homeland Security (DHS) published an interim rule with request for

comments in the Federal Register implementing amendments to its regulations to conform the grounds of discipline and

procedures regulations with those promulgated by the Department of Justice (DOJ); clarify who is authorized to represent

applicants and petitioners in cases before DHS; remove duplicative rules, procedures, and authority; improve the clarity and

uniformity of existing regulations; make technical and procedural changes; and conform terminology. The final rule will finalize

the interim rule with additional changes to terminology.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1; 8 CFR 292 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101 and 1103; 8 USC 1291

Legal Deadline: None

Timetable:

Regulations.gov Friday, January 20, 2012 Unified Agenda

24
Action Date FR Cite

Final Rule 00/00/0000 

Interim Final Rule 02/02/2010 75 FR 5225 

Interim Final Rule Comment Period End 03/04/2010 

Interim Final Rule Effective 03/04/2010 

Interim Final Rule Comment Period Extended 01/31/2011 76 FR 5267 

Interim Final Rule Comment Period End 03/02/2011 

Additional Information: CIS 2446-08

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Rachel McCarthy

Bar Counsel

Department of Homeland Security

Office of the Secretary

70 Kimball Avenue Room 103

S. Burlington , VT 05403 

Phone: 802 660-1779 

E-Mail: rachel.mccarthy@dhs.gov

Department of Homeland Security (DHS) 

Office of the Secretary ( OS ) RIN: 1601-AA18

 View Related Documents

Title: Administration of Grants and Agreements With Institutions of Higher Education, Hospitals, and Nonprofit, Commercial,

Foreign, and International Organizations

Abstract: The Department of Homeland Security would have implemented Office of Management and Budget (OMB) Circular

A-110, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and

Other Non-profit Organizations." The rule would have applied to institutions of higher education, hospitals, non-profit

organizations, and commercial, foreign, and international organizations that are recipients of Federal assistance. This action was

withdrawn on 08/01/11 to reconsider the Department's policy in the implementation of this OMB Circular.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 2 CFR 215 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 08/01/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State

Federalism: No

Energy Affected: No

Agency Contact: Geri Johnson

Policy Analyst

Department of Homeland Security

Office of the Secretary

301 7th Street SW. Room 5608

Washington , DC 20528 

Phone: 202 447-0848 

E-Mail: geri.johnson1@dhs.gov

Agency Contact: Cara Whitehead

Deputy Director

Department of Homeland Security

Office of the Secretary

Regulations.gov Friday, January 20, 2012 Unified Agenda

25
301 7th Street SW. Room 4642-01

Washington , DC 20528 

Phone: 202 447-0098 

E-Mail: cara.whitehead@dhs.gov

Agency Contact: Sonya Dimas

Sr. Policy Advisor

Department of Homeland Security

Office of the Secretary

301 7th Street SW. Room 4602-08

Washington , DC 20528 

Phone: 202 447-5116 

E-Mail: sonya.dimas@dhs.gov

Department of Homeland Security (DHS) 

Office of the Secretary ( OS ) RIN: 1601-AA53

 View Related Documents

Title: Department of Homeland Security (DHS) Human Resources Management System

Abstract: The Department of Homeland Security and the Office of Personnel Management are evaluating the status of final

regulations that establish a new human resources management system within DHS, as authorized by the Homeland Security

Act of 2002. The affected subsystems include those governing basic pay, classification, performance management, labor

relations, adverse actions, and employee appeals. These changes were designed to ensure the Department's human resources

management system aligns with its critical mission requirements without compromising the statutorily protected civil service

rights of its employees. At the suggestion of the Office of Information and Regulatory Affairs, DHS has decided to withdraw this

entry from the Unified Agenda until and unless DHS takes further action on this regulation.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 5 CFR 9701 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 107-296

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice 10/07/2008 73 FR 58435 

Withdrawn 12/31/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Related RINs: Related to 3206-AK31; Previously Reported as

1601-AA21 Related Agencies: Joint: OPM

Agency Contact: Robert Lauria

Deputy Director for Performance Management

Department of Homeland Security

Office of the Secretary

Office of the Chief Human Capital Officer

Washington , DC 20528 

Phone: 202 357-8240 

E-Mail: robert.lauria@dhs.gov

Department of Homeland Security (DHS) 

Office of the Secretary ( OS ) RIN: 1601-AA61

 View Related Documents

Title: Grants and Cooperative Agreements With State and Local Governments

Regulations.gov Friday, January 20, 2012 Unified Agenda

26
Abstract: The Department of Homeland Security (DHS) would have implemented Office of Management and Budget (OMB)

Circular A-102, "Grants and Cooperative Agreements with State and Local Governments." This action was withdrawn on

08/01/11 to reconsider the Department's policy in the implementation of this OMB Circular.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; OMB Circular A-102, Grants and Cooperative Agreements With State and Local Governments

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 08/01/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State; Tribal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Geri Johnson

Policy Analyst

Department of Homeland Security

Office of the Secretary

301 7th Street SW. Room 5608

Washington , DC 20528 

Phone: 202 447-0848 

E-Mail: geri.johnson1@dhs.gov

Agency Contact: Cara Whitehead

Deputy Director

Department of Homeland Security

Office of the Secretary

301 7th Street SW. Room 4642-01

Washington , DC 20528 

Phone: 202 447-0098 

E-Mail: cara.whitehead@dhs.gov

Agency Contact: Sonya Dimas

Sr. Policy Advisor

Department of Homeland Security

Office of the Secretary

301 7th Street SW. Room 4602-08

Washington , DC 20528 

Phone: 202 447-5116 

E-Mail: sonya.dimas@dhs.gov

Department of Homeland Security (DHS) 

Office of the Secretary ( OS ) RIN: 1601-AA63

 View Related Documents

Title: Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes

Abstract: The REAL ID Act of 2005 (the Act) prohibits Federal agencies, effective May 11, 2008, from accepting a driver's

license or personal identification card for any official purpose unless the license or card has been issued by a State that is

meeting the requirements set forth in the Act. The Act sets forth certain minimum standards applicable to the driver's license

issuance process. Section 205(b) of the REAL ID Act authorizes the Secretary of Homeland Security to grant States extensions

of time to meet the requirements of the Act if the State provides adequate justification for noncompliance. Pursuant to the

Department of Homeland Security's REAL ID regulations, States must be in full compliance with the REAL ID Act of 2005 by

May 11, 2011. This final rule changes that date to January 15, 2013. At the suggestion of the Office of Information and

Regulatory Affairs, DHS has decided to withdraw this entry from the Unified Agenda until and unless DHS takes further action

on this regulation.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

27
CFR Citation: 6 CFR 37 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Division B--REAL ID Act of 2005; The Emergency Supplemental Appropriations Act for Defense The Global

War on Terror and Tsunami Relief, 2005; PL 109-13, 119 Stat 231, 302 (May 11, 2005) (codified at 49 USC 30301 note)

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 03/07/2011 76 FR 12269 

Withdrawn 12/31/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: No Federalism: No

Agency Contact: Steve Kozar

Senior Policy Advisor

Department of Homeland Security

Office of the Secretary

Office of State-Issued Identification Support 245 Murray Lane, Stop 3510

Washington , DC 20528-3510 

Phone: 202 447-3368 

E-Mail: steven.kozar@dhs.gov

Department of Homeland Security (DHS) 

Office of the Secretary ( OS ) RIN: 1601-AA66

 View Related Documents

Title: Prohibition on Federal Protective Service Guard Services Contracts With Business Concerns Owned, Controlled, or

Operated by an Individual Convicted of a Felony [HSAR Case 2009-001]; Correction

Abstract: DHS is amending the Homeland Security Acquisition Regulation (HSAR) to prohibit DHS from awarding a Federal

Protective Service (FPS) contract for guard services to a business concern that is owned, controlled, or operated by an

individual who has been convicted of a felony. The rule is necessary to implement the provisions of Public Law 110-356, the

Federal Protective Service Guard Contracting Reform Act of 2008. The rule implements this prohibition, identifies which serious

felonies may prohibit a contractor from being awarded a contract; requires contractors to provide information regarding any

relevant felony convictions when submitting bids or proposals; provide guidelines for the contracting officer to assess present

responsibility, mitigating factors, and the risks associated with the previous conviction, and allows the contracting officer to

award a contract under certain circumstances.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 3052.209-76 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 110-356, the Federal Protective Service Guard Contracting Reform Act of 2008

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/18/2009 74 FR 11512 

NPRM Comment Period End 04/17/2009 

Final Rule 11/16/2009 74 FR 58851 

Final Rule Effective 12/16/2009 

Final Rule; Correcting Amendment 11/15/2011 76 FR 70660 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Related RINs: Previously Reported as 1601-AA55

Agency Contact: Ann Van Houten 

Procurement Analyst

Department of Homeland Security

Office of the Secretary

Regulations.gov Friday, January 20, 2012 Unified Agenda

28
3114-15 7th and D Streets SW.

Washington , DC 20528 

Phone: 202 447-5285 

E-Mail: ann.vanhouten@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA41

 View Related Documents

Title: Asylum and Withholding Definitions

Abstract: This rule proposes to amend Department of Homeland Security regulations that govern asylum eligibility. The

amendments focus on portions of the regulations that deal with the definitions of membership in a particular social group, the

requirements for failure of State protection, and determinations about whether persecution is inflicted on account of a protected

ground. This rule codifies long-standing concepts of the definitions. It clarifies that gender can be a basis for membership in a

particular social group. It also clarifies that a person who has suffered or fears domestic violence may under certain

circumstances be eligible for asylum on that basis. After the Board of Immigration Appeals published a decision on this issue in

1999, Matter of R-A-, Int. Dec. 3403 (BIA 1999), it became clear that the governing regulatory standards required clarification.

The Department of Justice began this regulatory initiative by publishing a proposed rule addressing these issues in 2000.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 2; 8 CFR 208 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1103; 8 USC 1158; 8 USC 1226; 8 USC 1252; 8 USC 1282

Legal Deadline: None

Regulatory Plan:

Statement of Need: This rule provides guidance on a number of key interpretive issues of the refugee definition used by

adjudicators deciding asylum and withholding of removal (withholding) claims. The interpretive issues include whether

persecution is inflicted on account of a protected ground, the requirements for establishing the failure of State protection, and

the parameters for defining membership in a particular social group. This rule will aid in the adjudication of claims made by

applicants whose claims fall outside of the rubric of the protected grounds of race, religion, nationality, or political opinion. One

example of such claims which often fall within the particular social group ground concerns people who have suffered or fear

domestic violence. This rule is expected to consolidate issues raised in a proposed rule in 2000 and to address issues that

have developed since the publication of the proposed rule. This rule should provide greater stability and clarity in this important

area of the law.

Legal Basis: The purpose of this rule is to provide guidance on certain issues that have arisen in the context of asylum and

withholding adjudications. The 1951 Geneva Convention relating to the Status of Refugees contains the internationally accepted

definition of a refugee. United States immigration law incorporates an almost identical definition of a refugee as a person

outside his or her country of origin "who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself

of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion,

nationality, membership in a particular social group, or political opinion." Section 101(a)(42) of the Immigration and Nationality

Act.

Alternatives: A sizable body of interpretive case law has developed around the meaning of the refugee definition. Historically,

much of this case law has addressed more traditional asylum and withholding claims based on the protected grounds of race,

religion, nationality, or political opinion. In recent years, however, the United States increasingly has encountered asylum and

withholding applications with more varied bases, related, for example, to an applicant's gender or sexual orientation. Many of

these new types of claims are based on the ground of "membership in a particular social group," which is the least well-defined

of the five protected grounds within the refugee definition. On December 7, 2000, DOJ published a proposed rule in the Federal

Register providing guidance on the definitions of "persecution" and "membership in a particular social group." Prior to publishing

a new proposed rule, the Department will be considering how the nexus between persecution and a protected ground might be

further conceptualized; how membership in a particular social group might be defined and evaluated; and what constitutes a

State's inability or unwillingness to protect the applicant where the persecution arises from a non-State actor. This rule will

provide guidance to the following adjudicators: USCIS asylum officers, Department of Justice Executive Office for Immigration

Review (EOIR) immigration judges, and members of the EOIR Board of Immigration Appeals. The alternative to publishing this

rule would be to allow the standards governing this area of law to continue to develop piecemeal through administrative and

judicial precedent. This approach has resulted in inconsistent and confusing standards, and the Department has therefore

determined that promulgation of the new proposed rule is necessary.

Costs and Benefits: By providing a clear framework for key asylum and withholding issues, we anticipate that adjudicators

Regulations.gov Friday, January 20, 2012 Unified Agenda

29
will have clear guidance, increasing administrative efficiency and consistency in adjudicating these cases. The rule will also

promote a more consistent and predictable body of administrative and judicial precedent governing these types of cases. We

anticipate that this will enable applicants to better assess their potential eligibility for asylum, and to present their claims more

efficiently when they believe that they may qualify, thus reducing the resources spent on adjudicating claims that do not qualify.

In addition, a more consistent and predictable body of law on these issues will likely result in fewer appeals, both administrative

and judicial, and reduce associated litigation costs. The Department has no way of accurately predicting how this rule will

impact the number of asylum applications filed in the United States. Based on anecdotal evidence and on the reported

experience of other nations that have adopted standards under which the results are similar to those we anticipate for this rule,

we do not believe this rule will cause a change in the number of asylum applications filed.

Risks: The failure to promulgate a final rule in this area presents significant risks of further inconsistency and confusion in the

law. The Government's interests in fair, efficient, and consistent adjudications would be compromised.

Timetable:

Action Date FR Cite

NPRM 12/07/2000 65 FR 76588 

NPRM Comment Period End 01/22/2001 

NPRM 05/00/2012 

Additional Information: CIS No. 2092-00 Transferred from RIN 1115-AF92

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Ted Kim

Deputy Chief, Asylum Division

Department of Homeland Security

U.S. Citizenship and Immigration Services

Office of Refugee, Asylum, and International Operations Suite 3200 20 Massachusetts Avenue NW.

Washington , DC 20259 

Phone: 202 272-1614 

FAX: 202 272-1994

E-Mail: ted.kim@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA67

 View Related Documents

Title: New Classification for Victims of Criminal Activity; Eligibility for the U Nonimmigrant Status

Abstract: This rule sets forth application requirements for a new nonimmigrant status. The U classification is for non-U.S.

Citizen/Lawful Permanent Resident victims of certain crimes who cooperate with an investigation or prosecution of those crimes.

There is a limit of 10,000 principals per year. This rule establishes the procedures to be followed in order to petition for the U

nonimmigrant classifications. Specifically, the rule addresses the essential elements that must be demonstrated to receive the

nonimmigrant classification, procedures that must be followed to make an application, and evidentiary guidance to assist in the

petitioning process. Eligible victims will be allowed to remain in the United States. The Trafficking Victims Protection

Reauthorization Act of 2008, Public Law 110-457, made amendments to the T nonimmigrant status provisions of the

Immigration and Nationality Act. The Department will issue a proposed rule to make the changes required by recent legislation

and to provide the opportunity for notice and comment.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 103; 8 CFR 204; 8 CFR 212; 8 CFR 214; 8 CFR 299 (To search for a specific CFR, visit the Code of

Federal Regulations ) 

Legal Authority: 5 USC 552; 5 USC 552a; 8 USC 1101; 8 USC 1101 note; 8 USC 1102

Legal Deadline: None

Regulatory Plan:

Statement of Need: This rule provides requirements and procedures for aliens seeking U nonimmigrant status. U

nonimmigrant classification is available to alien victims of certain criminal activity who assist government officials in the

investigation or prosecution of that criminal activity. The purpose of the U nonimmigrant classification is to strengthen the ability

of law enforcement agencies to investigate and prosecute such crimes as domestic violence, sexual assault, and trafficking in

persons, while offering protection to alien crime victims in keeping with the humanitarian interests of the United States.

Regulations.gov Friday, January 20, 2012 Unified Agenda

30
Legal Basis: Congress created the U nonimmigrant classification in the Battered Immigrant Women Protection Act of 2000

(BIWPA). Congress intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of

domestic violence, sexual assault, trafficking of aliens, and other crimes, while offering protection to victims of such crimes.

Congress also sought to encourage law enforcement officials to better serve immigrant crime victims.

Alternatives: USCIS has identified four alternatives, the first being chosen for the rule: 1. USCIS would adjudicate petitions on

a first in, first out basis. Petitions received after the limit has been reached would be reviewed to determine whether or not they

are approvable, but for the numerical cap. Approvable petitions that are reviewed after the numerical cap has been reached

would be placed on a waiting list and written notice sent to the petitioner. Priority on the waiting list would be based upon the

date on which the petition is filed. USCIS would provide petitioners on the waiting list with interim relief until the start of the next

fiscal year in the form of deferred action, parole, or a stay of removal. 2. USCIS would adjudicate petitions on a first in, first out

basis, establishing a waiting list for petitions that are pending or received after the numerical cap has been reached. Priority on

the waiting list would be based upon the date on which the petition was filed. USCIS would not provide interim relief to

petitioners whose petitions are placed on the waiting list. 3. USCIS would adjudicate petitions on a first in, first out basis.

However, new filings would be reviewed to identify particularly compelling cases for adjudication. New filings would be rejected

once the numerical cap is reached. No official waiting list would be established; however, interim relief until the start of the next

fiscal year would be provided for some compelling cases. If a case was not particularly compelling, the filing would be denied or

rejected. 4. USCIS would adjudicate petitions on a first in, first out basis. However, new filings would be rejected once the

numerical cap is reached. No waiting list would be established nor would interim relief be granted.

Costs and Benefits: USCIS estimates the total annual cost of this interim rule to applicants to be $6.2 million. This cost

includes the biometric services fee that petitioners must pay to USCIS, the opportunity cost of time needed to submit the

required forms, the opportunity cost of time required for a visit to an Application Support Center, and the cost of traveling to an

Application Support Center. This rule will strengthen the ability of law enforcement agencies to investigate and prosecute such

crimes as domestic violence, sexual assault, and trafficking in persons, while offering protection to alien crime victims in

keeping with the humanitarian interests of the United States.

Risks: In the case of witness tampering, obstruction of justice, or perjury, the interpretive challenge for USCIS was to

determine whom the BIWPA was meant to protect, given that these criminal activities are not targeted against a person.

Accordingly it was determined that a victim of witness tampering, obstruction of justice, or perjury is an alien who has been

directly and proximately harmed by the perpetrator of one of these three crimes, where there are reasonable grounds to

conclude that the perpetrator principally committed the offense as a means: (1) To avoid or frustrate efforts to investigate,

arrest, prosecute, or otherwise bring him or her to justice for other criminal activity; or (2) to further his or her abuse or

exploitation of, or undue control over, the alien through manipulation of the legal system.

Timetable:

Action Date FR Cite

Interim Final Rule 09/17/2007 72 FR 53013 

Interim Final Rule Effective 10/17/2007 

Interim Final Rule Comment Period End 11/17/2007 

NPRM 06/00/2012 

Additional Information: Transferred from RIN 1115-AG39

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State

Small Entities Affected: No Federalism: No

Agency Contact: Laura M. Dawkins 

Chief, Family Immigration and Victim Protection Division

Department of Homeland Security

U.S. Citizenship and Immigration Services

Suite 1200 20 Massachusetts Avenue NW.

Washington , DC 20529 

Phone: 202 272-1470 

FAX: 202 272-1480

E-Mail: laura.dawkins@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB79

 View Related Documents

Title: New Asylum and Withholding Bars for Recruitment or Use of Child Soldiers

Regulations.gov Friday, January 20, 2012 Unified Agenda

31
Abstract: The Child Soldier Accountability Act of 2008 (CSAA) establishes a criminal offense for the recruitment or use of child

soldiers, and also establishes grounds of inadmissibility and removability for aliens who have engaged in such recruitment or

use. The Departments of Homeland Security (DHS) and Justice (DOJ) therefore are amending their companion immigration

regulations to specify that aliens who are inadmissible or deportable for recruitment or use of child soldiers are considered

ineligible for asylum and withholding of removal due to the serious nonpolitical crime bar.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 208; 8 CFR 1208 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 110-340

Legal Deadline: CSAA requires the Attorney General and Secretary of Homeland Security (Secretary), within 60 days of the

CSAA's enactment, to promulgate a final rule establishing that aliens subject to these grounds of inadmissibility or deportability

shall be considered an alien with respect to whom there are serious reasons to believe that the alien committed a serious

nonpolitical crime.

Action Source Description Date

Other Statutory CSAA PL 110-340 12/02/2008 

Timetable:

Action Date FR Cite

NPRM 01/00/2012 

Additional Information: CIS 2467-08

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related Agencies: Joint : DOJ

Agency Contact: Ted Kim

Deputy Chief, Asylum Division

Department of Homeland Security

U.S. Citizenship and Immigration Services

Office of Refugee, Asylum, and International Operations Suite 3200 20 Massachusetts Avenue NW.

Washington , DC 20259 

Phone: 202 272-1614 

FAX: 202 272-1994

E-Mail: ted.kim@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB88

 View Related Documents

Title: Qualifications, Designation, and Duties of Civil Surgeons, and Revocation of Civil Surgeon Designations

Abstract: Civil surgeons are physicians authorized to conduct legally required medical examinations of aliens applying for

certain immigration benefits. The Department of Homeland Security regulations do not define uniform standards for civil surgeon

designation or procedures for granting and revoking civil surgeon designations. This rule proposes to amend the regulations to

clearly define the roles and responsibilities of the civil surgeon, as well as the role of U.S. Citizenship and Immigration Services

which is responsible for administering the civil surgeon program.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 103; 8 CFR 232 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1103; 8 USC 1222; 8 USC 1224

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/00/2012 

Regulations.gov Friday, January 20, 2012 Unified Agenda

32
Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Melissa Lin

Management & Program Analyst

Department of Homeland Security

U.S. Citizenship and Immigration Services

20 Massachusetts Avenue NW.

Washington , DC 20529 

Phone: 202 272-8200 

E-Mail: melissa.lin@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB89

 View Related Documents

Title: Exception to the Persecution Bar for Asylum, Refugee, and Temporary Protected Status, and Withholding of Removal

Abstract: This joint rule proposes amendments to Department of Homeland Security (DHS) and Department of Justice (DOJ)

regulations to describe the circumstances under which an applicant will continue to be eligible for asylum, refugee, or temporary

protected status, special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act, and

withholding of removal, even if DHS or DOJ has determined that the applicant's actions contributed, in some way, to the

persecution of others. The purpose of this rule is to resolve ambiguity in the statutory language precluding eligibility for asylum,

refugee, and temporary protected status of an applicant who ordered, incited, assisted, or otherwise participated in the

persecution of others. The proposed amendment would provide a limited exception for actions taken by the applicant under

duress and clarify the required levels of the applicant's knowledge of the persecution.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1; 8 CFR 208; 8 CFR 244; 8 CFR 1244 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1158; 8 USC 1226; PL 107-26; PL 110-229

Legal Deadline: None

Regulatory Plan:

Statement of Need: This rule resolves ambiguity in the statutory language precluding eligibility for asylum, refugee, and

temporary protected status of an applicant who ordered, incited, assisted, or otherwise participated in the persecution of others.

The proposed amendment would provide a limited exception for actions taken by the applicant under duress and clarify the

required levels of the applicant's knowledge of the persecution.

Legal Basis: In Negusie v. Holder, 129 S. Ct. 1159 (2009), the Supreme Court addressed whether the persecutor bar should

apply where an alien's actions were taken under duress. DHS believes that this is an appropriate subject for rulemaking and

proposes to amend the applicable regulations to set out its interpretation of the statute. In developing this regulatory initiative,

DHS has carefully considered the purpose and history behind enactment of the persecutor bar, including its international law

origins and the criminal law concepts upon which they are based.

Alternatives: DHS did consider the alternative of not publishing a rulemaking on these issues. To leave this important area of

the law without an administrative interpretation would confuse adjudicators and the public.

Costs and Benefits: The programs affected by this rule exist so that the United States may respond effectively to global

humanitarian situations and assist people who are in need. USCIS provides a number of humanitarian programs and protection

to assist individuals in need of shelter or aid from disasters, oppression, emergency medical issues, and other urgent

circumstances. This rule will advance the humanitarian goals of the asylum/refugee program, and other specialized programs.

The main benefits of such goals tend to be intangible and difficult to quantify in economic and monetary terms. These forms of

relief have not been available to certain persecutors. This rule will allow an exception to this bar from protection for applicants

who can meet the appropriate evidentiary standard. Consequently, this rule may result in a small increase in the number of

applicants for humanitarian programs. To the extent a small increase in applicants occurs, there could be additional fee costs

incurred by these applicants.

Risks: If DHS were not to publish a regulation, the public would face a lengthy period of confusion on these issues. There

could also be inconsistent interpretations of the statutory language, leading to significant litigation and delay for the affected

Regulations.gov Friday, January 20, 2012 Unified Agenda

33
public.

Timetable:

Action Date FR Cite

NPRM 05/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Molly Groom

Office of the Chief Counsel

Department of Homeland Security

U.S. Citizenship and Immigration Services

20 Massachusetts Avenue NW.

Washington , DC 20259 

Phone: 202 272-1400 

FAX: 202 272-1408

E-Mail: molly.groom@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB92

 View Related Documents

Title: Allowing Certain H-4 Dependent Spouses to Apply for Employment Authorization

Abstract: The Department of Homeland Security proposes to amend its regulations by extending the availability of employment

authorization to H-4 dependent spouses of principal H-1B nonimmigrants who have begun the process of seeking lawful

permanent resident status through employment and have extended their authorized period of admission or "stay" in the U.S.

under section 104(c) or 106(a) of Public Law 106-313, also known as the American Competitiveness in the Twenty-First

Century Act of 2000 (AC21). Allowing the eligible class of H-4 dependent spouses to work encourages professionals with high

demand skills to remain in the country and help spur the innovation and growth of U.S. companies.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 274a.12(c) (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: INA sec 214(a)(1) 8 USC 1184(a)(1); INA 274A(h)(3) 8 USC 1324a(h)(3); 8 CFR 274a.12(c); sec 104(c) of

PL 106-313; sec 106(a) of PL 106-313; ...

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 1615-ZB03

Agency Contact: Kevin Bazaire

Management and Program Analyst

Department of Homeland Security

U.S. Citizenship and Immigration Services

20 Massachusetts Avenue NW.

Washington , DC 20529 

Phone: 202 272-8107 

E-Mail: kevin.bazaire@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB94

Regulations.gov Friday, January 20, 2012 Unified Agenda

34
 View Related Documents

Title: Electronic Filing of Requests for Immigration Benefits; Requiring an Application To Change or Extend Nonimmigrant

Status To Be Filed Electronically

Abstract: The Department of Homeland Security (DHS) is proposing regulations to govern the electronic filing of requests for

immigration benefit requests with the U.S. Citizenship and Immigration Services (USCIS). DHS also proposes to mandate

electronic applications in the new Integrated Operating Environment that is under development, with limited exceptions, for an

Application to Extend/Change Nonimmigrant Status from any individual in the M, J, B-1, and B-2 classifications; change of

status requests to the F, M, J, B-1, or B-2 classifications; and reinstatement of status requests in the F or M classification.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 103; 8 CFR 204 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1151; 8 USC 1153

Legal Deadline: None

Regulatory Plan:

Statement of Need: USCIS is in the process of transforming its operations to improve service, operational efficiency, and

national security. This rule will allow USCIS to modernize its processes, which will provide applicants and petitioners with better

and faster services and enhance the ability of USCIS to process cases with greater accuracy, security, and timeliness.

Legal Basis: Authority for this rule falls within the broad authority of the Secretary of Homeland Security to administer DHS,

the administration of immigration and nationality laws, and other delegated authority. See Homeland Security Act of 2002,

Public Law 107-296 section 102 (Nov. 25, 2002), 6 U.S.C. 112, and the Immigration and Nationality Act of 1952, as amended,

section 103, 8 U.S.C. 1103. The Government Paperwork Elimination Act provides that, when possible, Federal agencies are

directed to make available electronic forms and provide for electronic filing and submissions when conducting agency business

with the public. See Public Law 105-277, section 1703 (Oct. 21, 1998), 44 U.S.C. 3504. GPEA also establishes the means for

the use and acceptance of electronic signatures. The INA provides a detailed list of classes of nonimmigrant aliens. See, e.g.,

INA sections 101(a)(15)(B), (C), (F), and (M); 8 U.S.C. 1101(a)(15) (B), (C), (F), and (M). The Secretary of Homeland Security

may authorize a change to any other nonimmigrant classification in the case of any alien who is lawfully admitted to the United

States as a nonimmigrant, maintains his or her lawful status, does not fall under certain nonimmigrant visa categories that are

listed in the statute, and is not inadmissible or whose inadmissibility has been waived under the pertinent sections of the

immigration and nationality laws of the United States. See INA section 248(a); 8 U.S.C. 1258(a). This rule is also proposed in

compliance with Executive Order 13571 "Streamlining Service Delivery and Improving Customer Service." See Executive Order

No. 13571, 76 FR 24339 (Apr. 27, 2011). Executive Order 13571 tasks each Federal department and agency with establishing

an initiative that uses technology to improve the experience of individuals and entities receiving services from that Federal

department or agency. See Executive Order No. 13571, section 2(a).

Alternatives: DHS has examined the alternative of maintaining paper processing for applications to extend/change status

(Form I-539) and has determined that the continuation of legacy data systems and current processes do not meet the need for

USCIS to modernize operations.

Costs and Benefits: DHS is proposing to mandate the electronic filing of stand-alone Applications to Extend/Change

Nonimmigrant Status. Only a limited number of nonimmigrants would be impacted by this change. Specifically, those individuals

in the following nonimmigrant classifications would be required to file this application electronically: B-1, B-2, F, M, or J. In

transforming its immigration benefit processes into a paperless system, DHS anticipates the following benefits: •Streamlined

operations •More timely submission and adjudication of the benefit requested •Reduced requests for additional or missing

information •Enhanced security for the applicant •Enhanced customer service For those applicants that do not currently possess

or have access to the tools needed to submit immigration benefit requests electronically--namely, computer, Internet service,

and a scanner--this rule would result in additional costs to these petitioners or applicants. DHS is in the process of examining

the potential monetary costs and benefits of the proposed rule.

Risks: Populations with no or limited Internet access and individuals with no or limited English proficiency may be affected by

this rule. This risk can be mitigated by including a waiver process.

Timetable:

Action Date FR Cite

NPRM 08/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Dan Konnerth

Regulations.gov Friday, January 20, 2012 Unified Agenda

35
Policy and Coordination Chief, Office of Transformation Coordination

Department of Homeland Security

U.S. Citizenship and Immigration Services

6th Floor 633 Third Street NW.

Washington , DC 20529 

Phone: 202 233-2381 

E-Mail: dan.konnerth@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB95

 View Related Documents

Title: Immigration Benefits Business Transformation: Nonimmigrants; Student and Exchange Visitor Program

Abstract: The Department of Homeland Security (DHS) is amending its nonimmigrant regulations to enable U.S. Citizenship

and Immigration Services (USCIS) to migrate from a paper file-based, non-integrated systems environment to an electronic,

customer-focused, centralized case management environment for benefit processing. This rulemaking, the second in a series of

business transformation rules, primarily focuses on 8 CFR part 214, reorganizes and streamlines general information relating to

nonimmigrant classifications, and relocates other information relating to specific, individual nonimmigrant classifications to a

separate subpart for each major nonimmigrant classification. DHS is making these amendments because part 214 contains more

than 20 nonimmigrant classifications, and it has become very large and complex to navigate. This regulation will provide the

public with simpler, better organized regulatory requirements for each nonimmigrant classification and facilitate future revisions.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 103; 8 CFR 212; 8 CFR 214; 8 CFR 245; 8 CFR 248; 8 CFR 274a (To search for a specific CFR, visit

the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 5 USC 552; 5 USC 552a; 8 USC 1101; 8 USC 1103

Legal Deadline: None

Regulatory Plan:

Statement of Need: USCIS is in the process of transforming its operations to improve service, operational efficiency, and

national security. This rule will provide the public with clearly written, better organized regulatory requirements for each

nonimmigrant classification.

Legal Basis: The Homeland Security Act of 2002, Public Law 107-296, section 102, 116 Stat. 2135 (Nov. 25, 2002), 6 U.S.C.

112, and the Immigration and Nationality Act of 1952 (INA), charge the Secretary of Homeland Security (Secretary) with

administration and enforcement of the immigration and nationality laws. See INA section 103, 8 U.S.C. 1103. This rule will

significantly enhance the ability of USCIS to fully implement the Government Paperwork Elimination Act (GPEA). See Public

Law 105-277, tit. XVII, section 1701 to 1710, 112 Stat. 2681 at 2681-749, (Oct. 21, 1998) (codified at 44 U.S.C. 3504 & note).

GPEA provides that, when possible, Federal agencies use electronic forms, electronic filing, and electronic submissions to

conduct agency business with the public. Id. The USCIS modernization and transformation effort will move its operations away

from a paper-based system to an electronic environment wherever possible in an effort to implement the requirements of

GPEA.

Alternatives: The regulations for the more than 20 nonimmigrant classifications are included in 8 CFR 214. As more

nonimmigrant classifications have been added to the Act and as the statutory requirements for existing classifications have

become more complex, sections within 8 CFR 214 have become increasingly difficult to read, comprehend and cite. DHS will

reorganize 8 CFR 214 to address this lack of clarity.

Costs and Benefits: DHS will amend its regulations at 8 CFR part 214 to streamline and reorganize the content into a more

reader-friendly and logical format. DHS is not making substantive changes to the content or requirements of existing

regulations. There are no additional costs anticipated as a result of this rulemaking.

Risks: This rule may initially lead to confusion of those who are familiar with the previous organization of 8 CFR 214. USCIS

can mitigate this risk by informing the public of these changes.

Timetable:

Action Date FR Cite

NPRM 06/00/2012 

Additional Information: CIS# 2505-11. This rule (RIN 1615-AB95) is adopting the following three rules as final rules: 1615-

Regulations.gov Friday, January 20, 2012 Unified Agenda

36
AA35, 1615-AA56, and 1615-AA53.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Dan Konnerth

Policy and Coordination Chief, Office of Transformation Coordination

Department of Homeland Security

U.S. Citizenship and Immigration Services

6th Floor 633 Third Street NW.

Washington , DC 20529 

Phone: 202 233-2381 

E-Mail: dan.konnerth@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB96

 View Related Documents

Title: Application of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to Unaccompanied Alien

Children Seeking Asylum

Abstract: This rule implements the provisions of the William Wilberforce Trafficking Victims Protection Reauthorization Act of

2008 (TVPRA), Public Law 110-457, 122 Stat. 5074 (Dec. 23, 2008) relating to unaccompanied alien children seeking asylum.

Specifically, the rule proposes to amend Department of Homeland Security and Department of Justice regulations relating to

asylum applications filed by unaccompanied alien children. The rule will amend both Departments' regulations to reflect that U.S.

Citizenship and Immigration Services (USCIS) has initial jurisdiction over any asylum application filed by an unaccompanied

alien child. The rule will also add new special procedures for all children in interviews before USCIS officers and for

unaccompanied alien children in proceedings before immigration judges in the Executive Office for Immigration Review.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 110-457

Legal Deadline: None

Regulatory Plan:

Statement of Need: The TVPRA mandated promulgation of regulations taking into account the specialized needs of

unaccompanied alien children and addressing both procedural and substantive aspects of handling unaccompanied alien

children's cases. This rule will codify existing agency guidance on the specialized needs of unaccompanied alien children. The

rule will also codify agency guidance implementing the TVPRA. Such guidance has been in effect since March 2009 and, based

on experience gained in following the guidance, will be revised in the rule.

Legal Basis: The purpose of this rule is to comply with the TVPRA mandate to promulgate regulations taking into account the

specialized needs of unaccompanied alien children and addressing both procedural and substantive aspects of handling

unaccompanied alien children's cases.

Alternatives: N/A

Costs and Benefits: Congress has given USCIS initial jurisdiction over the asylum claims of unaccompanied alien children.

New costs can accrue when EOIR immigration judges transfer cases involving unaccompanied alien minors to USCIS for

asylum interviews and adjudication if USCIS does not grant the asylum application and the case is returned to EOIR for further

adjudication. This additional cost is offset, however, when USCIS grants such an application because the costs of USCIS

asylum adjudications are generally much lower than the processing of immigration court applications for that benefit. In addition,

USCIS provides a non-adversarial setting for asylum seeker interviews and has recently developed extensive and ongoing

training in children's issues. These factors can assist unaccompanied children in expressing their fear of return to their native

countries. Unaccompanied alien children also compose a uniquely vulnerable population with often compelling protection issues;

therefore, affording unaccompanied alien children every consideration in the asylum process greatly benefits them. Finally,

benefits will also accrue because the regulation will improve upon the process initially implemented upon passage of the

TVPRA, incorporating lessons learned and optimizing the procedures for USCIS and EOIR.

Risks: N/A

Regulations.gov Friday, January 20, 2012 Unified Agenda

37
Timetable:

Action Date FR Cite

NPRM 06/00/2012 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: Ted Kim

Deputy Chief, Asylum Division

Department of Homeland Security

U.S. Citizenship and Immigration Services

Office of Refugee, Asylum, and International Operations Suite 3200 20 Massachusetts Avenue NW.

Washington , DC 20259 

Phone: 202 272-1614 

FAX: 202 272-1994

E-Mail: ted.kim@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB97

 View Related Documents

Title: Implementation of AC21, the VWPPA, and the ACWIA

Abstract: The American Competitiveness in the 21st Century Act, Public Law 106-313, was enacted on October 17, 2000,

along with two bills, the Visa Waiver Permanent Program Act, Public Law 106-311, and a bill to increase the fee for certain H1B petitions. An earlier piece of legislation, the American Competitiveness and Workforce Improvement Act (ACWIA), Public

Law 105-277, was enacted to place certain conditions on the employment of H-1B workers. Together, these bills make

significant changes to the H-1B classification. Public Law 106-313 increased the numerical H-1B cap to 195,000 for fiscal year

2000-2002 and the percentage of the fees that DHS receives to 4 percent. It exempts certain aliens from the numerical cap,

provides for the "portability" of employment authorization, and in certain circumstances extensions of stay for certain aliens who

have permanent residence applications pending. Public Law 105-277 imposes penalties for employers violating certain

representations and prohibits retaliation against H-1B workers who disclose these violations. Finally, on November 2, 2002, the

President approved enactment of Public Law 107-273, The 21st Century Department of Justice Appropriations Act (21st Century

DOJ Appropriations Act), which codified a provision that amends section 106(a) of AC21. This regulation clarifies several

interpretive questions raised by the bills and ensures that the Department practice is consistent with these laws.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 8 CFR 103; 8 CFR 202; 8 CFR 204; CFR 205; 8 CFR 214; 8 CFR 245; 8 CFR 248 (To search for a specific

CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 105-277; PL 106-313; PL 107-273; INA 101(a)(15)(H); PL 106-396; 8 USC 1184(g)(5)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2012 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Energy Affected: No

Related RINs: Duplicate of 1615-AA55

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

Regulations.gov Friday, January 20, 2012 Unified Agenda

38
Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB98

 View Related Documents

Title: Administrative Appeals Office: Procedural Reforms To Improve Efficiency

Abstract: This proposed rule revises the requirements and procedures for the filing of motions and appeals before the

Department's U.S. Citizenship and Immigration Services and its Administrative Appeals Office. 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 makes additional changes necessitated by the establishment of the Department of Homeland Security

and its components.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 103; 8 CFR 204; 8 CFR 205; 8 CFR 210; 8 CFR 214; 8 CFR 245a; 8 CFR 320; 8 CFR 105 (new); ... (To

search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 552; 5 USC 552a; 8 USC 1101; 8 USC 1103; 8 USC 1304; 6 USC 112

Legal Deadline: None

Regulatory Plan:

Statement of Need: This rule proposes to make numerous changes to streamline the current appeal and motion processes

which: (1) Will result in cost savings to the Government, applicants, and petitioners; and (2) will provide for a more efficient use

of USCIS officer and clerical staff time, as well as more uniformity with Board of Immigration Appeals appeal and motion

processes.

Legal Basis: 5 U.S.C. 301; 5 U.S.C. 552; 5 U.S.C. 552a; 8 U.S.C. 1101 and note 1102, 1103, 1151, 1153, 1154, 1182, 1184,

1185 note (sec. 7209 of Pub. L. 108-458; title VII of Pub. L. 110-229), 1186a, 1187, 1221,1223, 1225 to 1227, 1255a, and

1255a note, 1281, 1282, 1301 to 1305, 1324a ,1356, 1372, 1379, 1409(c), 1443 to 1444, 1448, 1452, 1455, 1641, 1731 to

1732; 31 U.S.C. 9701; 48 U.S.C. 1901, 1931 note; section 643, Public Law 104-208, 110, Stat. 3009-708; section 141 of the

Compacts of Free Association with the Federated States of Micronesia and the Republic of the Marshall Islands, and with the

Government of Palau,; title VII of Public Law 110-229; Public Law 107-296, 116 Stat. 2135 (6 U.S.C. 1 et seq.); Public Law 82-

414, 66 Stat. 173, 238, 254, 264; title VII of Public Law 110-229; E.O. 12356.

Alternatives: The alternative to this rule would be to continue under the current process without change.

Costs and Benefits: As a result of streamlining the appeal and motion process, USCIS anticipates quantitative and qualitative

benefits to DHS and the public. We also anticipate cost savings to DHS and applicants as a result of the proposed changes.

Risks:

Timetable:

Action Date FR Cite

NPRM 03/00/2012 

Additional Information: Previously 1615-AB29 (CIS 2311-04), which was withdrawn in 2007. DHS has included this rule in its

Final Plan for the Retrospective Review of Existing Regulations, which DHS issued on August 22, 2011.

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

Related RINs: Duplicate of 1615-AB29

Agency Contact: William K Renwick 

Supervisory Citizenship and Immigration Appeals Officer

Department of Homeland Security

U.S. Citizenship and Immigration Services

Administrative Appeals Office

Washington , DC 20529-2090 

Phone: 703 224-4501 

E-Mail: william.k.renwick@dhs.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

39
Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA35

 View Related Documents

Title: Petitioning Requirements for the H-1C Nonimmigrant Classification Under Public Law 106-95

Abstract: On November 12, 1999, the Nursing Relief for Disadvantaged Areas Act (NRDAA) was enacted, creating a new H1C nonimmigrant nurse category. This interim final rule amends the Department's regulations in order to implement the NRDAA

as it relates to the adjudication petitions for H-1C classification. Congress did not reauthorize the NRDAA in 2009, and therefore

USCIS stopped accepting petitions for the H-1C nonimmigrant category after December 21, 2009. This expiration does not

affect the ability of nurses to apply for readmission and, in limited circumstances, extension of stay for H-1Cs who have not

exceeded the 3-year limit for admission in this classification.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 214.1; 8 CFR 214.2; 8 CFR 248.3; 8 CFR 299.1 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 8 USC 1101; 8 USC 1182; 8 USC 1184; 8 USC 1186a; 8 USC 1187

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 06/11/2001 66 FR 31107 

Interim Final Rule Comment Period End 08/10/2001 

Final Rule 02/00/2012 

Additional Information: CIS No. 2050-00; Transferred from RIN 1115-AF76. Rule is being adopted as a final rule in RIN 1615-

AB95.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Related RINs: Merge with 1615-AB95

Agency Contact: Dan Konnerth

Policy and Coordination Chief, Office of Transformation Coordination

Department of Homeland Security

U.S. Citizenship and Immigration Services

6th Floor 633 Third Street NW.

Washington , DC 20529 

Phone: 202 233-2381 

E-Mail: dan.konnerth@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA53

 View Related Documents

Title: Nonimmigrant Classes; Spouses and Children of Lawful Permanent Residents; V Classification

Abstract: Section 1102 of the LIFE Act of 2000 amends the Immigration and Nationality Act to create a new nonimmigrant

classification V for the spouses and children of lawful permanent residents, awaiting the availability of an immigrant visa number

in the appropriate preference category, in accordance with the State Department's monthly Visa Bulletin. Eligible spouses and

children of lawful permanent residents residing abroad who obtain the V nonimmigrant visa from the Department of State may

work and reside in the United States on the basis of the V classification until they can apply for adjustment of status to that of

lawful permanent resident. Certain eligible spouses and children of lawful permanent residents already present in the United

States may be granted V classification until they can apply to adjust status to that of lawful permanent resident.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 103; 8 CFR 204 and 205; 8 CFR 212; 8 CFR 214; 8 CFR 245; 8 CFR 248; 8 CFR 299 (To search for a

specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1102; PL 106-553

Regulations.gov Friday, January 20, 2012 Unified Agenda

40
Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 09/07/2001 

Interim Final Rule 09/07/2001 66 FR 46697 

Interim Final Rule Comment Period End 11/06/2001 

Final Rule 02/00/2012 

Additional Information: CIS No. 2117-01; Transferred from RIN 1115-AG08. Rule is being adopted as a final rule in RIN 1615-

AB95.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Related RINs: Merge with 1615-AB95

Agency Contact: Dan Konnerth

Policy and Coordination Chief, Office of Transformation Coordination

Department of Homeland Security

U.S. Citizenship and Immigration Services

6th Floor 633 Third Street NW.

Washington , DC 20529 

Phone: 202 233-2381 

E-Mail: dan.konnerth@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA56

 View Related Documents

Title: K Nonimmigrant Classification; Legal Immigration Family Equity (LIFE) Act

Abstract: Section 1103 of the Legal Immigration Family Equity Act (LIFE), Public Law 106-553, finalizes the interim rule that

created a new nonimmigrant classification under Immigration and Nationality Act section 101(a)(15)(K) for the spouses and

children of U.S. citizens who have pending immigrant visa applications. This rule establishes this classification in DHS

regulations, including creating filing and adjudication procedures, as well as procedures for adjusting status from this new

nonimmigrant classification to that of a lawful permanent resident.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 212; 8 CFR 214; 8 CFR 245; 8 CFR 248; 8 CFR 274a (To search for a specific CFR, visit the Code of

Federal Regulations ) 

Legal Authority: PL 106-553

Legal Deadline: 

Action Source Description Date

Other Statutory 12/21/2000 

Timetable:

Action Date FR Cite

Interim Final Rule 08/14/2001 66 FR 42587 

Interim Final Rule Comment Period End 10/15/2001 

Final Rule 02/00/2012 

Additional Information: Rule is being adopted as a Final Rule in RIN 1615-AB95.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Related RINs: Merge with 1615-AB95

Agency Contact: Dan Konnerth

Policy and Coordination Chief, Office of Transformation Coordination

Department of Homeland Security

U.S. Citizenship and Immigration Services

Regulations.gov Friday, January 20, 2012 Unified Agenda

41
6th Floor 633 Third Street NW.

Washington , DC 20529 

Phone: 202 233-2381 

E-Mail: dan.konnerth@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA59

 View Related Documents

Title: New Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for T Nonimmigrant Status

Abstract: T classification was created by 107(e) of the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA),

Public Law 106-386. The T nonimmigrant classification was designed for eligible victims of severe forms of trafficking in persons

who aid law enforcement with their investigation or prosecution of the traffickers, and who can establish that they would suffer

extreme hardship involving unusual and severe harm if they were removed from the United States. The rule establishes

application procedures and responsibilities for the Department of Homeland Security and provides guidance to the public on

how to meet certain requirements to obtain T nonimmigrant status. The Trafficking Victims Protection Reauthorization Act of

2008, Public Law 110-457, made amendments to the T nonimmigrant status provisions of the Immigration and Naturalization

Act. The Department will issue another interim final rule to make the changes required by recent legislation and to provide the

opportunity for notice and comment.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 103; 8 CFR 212; 8 CFR 214; 8 CFR 274a; 8 CFR 299 (To search for a specific CFR, visit the Code of

Federal Regulations ) 

Legal Authority: 5 USC 552; 5 USC 552a; 8 USC 1101 to 1104; 8 USC 1182; 8 USC 1184; 8 USC 1187; 8 USC 1201; 8

USC 1224 to 1227; 8 USC 1252 to 1252a; 22 USC 7101; 22 USC 7105

Legal Deadline: None

Regulatory Plan:

Statement of Need: T nonimmigrant status is available to eligible victims of severe forms of trafficking in persons who have

complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking in persons, and

who can demonstrate that they would suffer extreme hardship involving unusual and severe harm if removed from the United

States. This rule addresses the essential elements that must be demonstrated for classification as a T nonimmigrant alien; the

procedures to be followed by applicants to apply for T nonimmigrant status; and evidentiary guidance to assist in the application

process.

Legal Basis: Section 107(e) of the Trafficking Victims Protection Act (TVPA), Public Law 106-386, as amended, established

the T classification to create a safe haven for certain eligible victims of severe forms of trafficking in persons, who assist law

enforcement authorities in investigating and prosecuting the perpetrators of these crimes.

Alternatives: To develop a comprehensive Federal approach to identifying victims of severe forms of trafficking in persons, to

provide them with benefits and services, and to enhance the Department of Justice's ability to prosecute traffickers and prevent

trafficking in persons in the first place, a series of meetings with stakeholders were conducted with representatives from key

Federal agencies; national, State, and local law enforcement associations; non-profit, community-based victim rights

organizations; and other groups. Suggestions from these stakeholders were used in the drafting of this regulation.

Costs and Benefits: There is no cost to applicants associated with this regulation. Applicants for T nonimmigrant status do

not pay application or biometric fees. The anticipated benefits of these expenditures include: Assistance to trafficked victims and

their families, prosecution of traffickers in persons, and the elimination of abuses caused by trafficking activities. Benefits which

may be attributed to the implementation of this rule are expected to be: 1. An increase in the number of cases brought forward

for investigation and/or prosecution; 2. Heightened awareness by the law enforcement community of trafficking in persons; 3.

Enhanced ability to develop and work cases in trafficking in persons cross-organizationally and multi-jurisdictionally, which may

begin to influence changes in trafficking patterns.

Risks: There is a 5,000-person limit to the number of individuals who can be granted T-1 status per fiscal year. Eligible

applicants who are not granted T-1 status due solely to the numerical limit will be placed on a waiting list to be maintained by

U.S. Citizenship and Immigration Services (USCIS). To protect T-1 applicants and their families, USCIS will use various means

to prevent the removal of T-1 applicants on the waiting list, and their family members who are eligible for derivative T status,

including its existing authority to grant deferred action, parole, and stays of removal.

Timetable:

Regulations.gov Friday, January 20, 2012 Unified Agenda

42
Action Date FR Cite

Interim Final Rule 01/31/2002 67 FR 4784 

Interim Final Rule Effective 03/04/2002 

Interim Final Rule Comment Period End 04/01/2002 

Interim Final Rule 06/00/2012 

Additional Information: CIS No. 2132-01; AG Order No. 2554-2002 There is a related rulemaking, CIS No. 2170-01, the new

U nonimmigrant status (RIN 1615-AA67). Transferred from RIN 1115-AG19

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State

Small Entities Affected: No Federalism: No

Related RINs: Related to 1615-AA67

Agency Contact: Laura M. Dawkins 

Chief, Family Immigration and Victim Protection Division

Department of Homeland Security

U.S. Citizenship and Immigration Services

Suite 1200 20 Massachusetts Avenue NW.

Washington , DC 20529 

Phone: 202 272-1470 

FAX: 202 272-1480

E-Mail: laura.dawkins@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA60

 View Related Documents

Title: Adjustment of Status to Lawful Permanent Resident for Aliens in T and U Nonimmigrant Status

Abstract: This rule sets forth measures by which certain victims of severe forms of trafficking who have been granted T

nonimmigrant status and victims of certain criminal activity who have been granted U nonimmigrant status may apply for

adjustment to permanent resident status in accordance with Public Law 106-386, Victims of Trafficking and Violence Protection

Act of 2000; and Public Law 109-162, Violence Against Women and Department of Justice Reauthorization Act of 2005. The

Trafficking Victims Protection Reauthorization Act of 2008, Public Law 110-457, made amendments to the T nonimmigrant

status provisions of the Immigration and Naturalization Act. The Department will issue another interim final rule to make the

changes required by recent legislation and to provide the opportunity for notice and comment.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 204; 8 CFR 214; 8 CFR 245 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 552; 5 USC 552a; 8 USC 1101 to 1104; 8 USC 1182; 8 USC 1184; 8 USC 1187; 8 USC 1201; 8

USC 1224 to 1227; 8 USC 1252 to 1252a; 8 USC 1255; 22 USC 7101; 22 USC 7105

Legal Deadline: None

Regulatory Plan:

Statement of Need: This regulation is necessary to permit aliens in lawful T or U nonimmigrant status to apply for adjustment

of status to that of lawful permanent residents. T nonimmigrant status is available to aliens who are victims of a severe form of

trafficking in persons and who are assisting law enforcement in the investigation or prosecution of the acts of trafficking. U

nonimmigrant status is available to aliens who are victims of certain crimes and are being helpful to the investigation or

prosecution of those crimes.

Legal Basis: This rule implements the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA), Public Law 106-

386, 114 Stat. 1464 (Oct. 28, 2000), as amended, to permit aliens in lawful T or U nonimmigrant status to apply for adjustment

of status to that of lawful permanent residents.

Alternatives: USCIS did not consider alternatives to managing T and U applications for adjustment of status. Ease of

administration dictates that adjustment of status applications from T and U nonimmigrants would be best handled on a first in,

first out basis, because that is the way applications for T and U status are currently handled.

Costs and Benefits: USCIS uses fees to fund the cost of processing applications and associated support benefits. The fees

to be collected resulting from this rule will be approximately $3 million in the first year, $1.9 million in the second year, and an

average about $32 million in the third and subsequent years. To estimate the new fee collections to be generated by this rule,

Regulations.gov Friday, January 20, 2012 Unified Agenda

43
USCIS estimated the fees to be collected for new applications for adjustment of status from T and U nonimmigrants and their

eligible family members. After that, USCIS estimated fees from associated applications that are required such as biometrics,

and others that are likely to occur in direct connection with applications for adjustment, such as employment authorization or

travel authorization. The anticipated benefits of these expenditures include: Continued assistance to trafficked victims and their

families, increased investigation and prosecution of traffickers in persons, and the elimination of abuses caused by trafficking

activities. Benefits that may be attributed to the implementation of this rule are expected to be: 1. An increase in the number of

cases brought forward for investigation and/or prosecution; 2. Heightened awareness of trafficking-in-persons issues by the law

enforcement community; and 3. Enhanced ability to develop and work cases in trafficking in persons cross-organizationally and

multi-jurisdictionally, which may begin to influence changes in trafficking patterns.

Risks: Congress created the U nonimmigrant status ("U visa") to provide immigration protection to crime victims who assist in

the investigation and prosecution of those crimes. Although there are no specific data on alien crime victims, statistics

maintained by the Department of Justice have shown that aliens, especially those aliens without legal status, are often reluctant

to help in the investigation or prosecution of crimes. U visas are intended to help overcome this reluctance and aid law

enforcement accordingly.

Timetable:

Action Date FR Cite

Interim Final Rule 12/12/2008 73 FR 75540 

Interim Final Rule Effective 01/12/2009 

Interim Final Rule Comment Period End 02/10/2009 

Interim Final Rule 06/00/2012 

Additional Information: CIS No. 2134-01 Transferred from RIN 1115-AG21

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State

Small Entities Affected: No Federalism: No

Agency Contact: Laura M. Dawkins 

Chief, Family Immigration and Victim Protection Division

Department of Homeland Security

U.S. Citizenship and Immigration Services

Suite 1200 20 Massachusetts Avenue NW.

Washington , DC 20529 

Phone: 202 272-1470 

FAX: 202 272-1480

E-Mail: laura.dawkins@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB68

 View Related Documents

Title: Petitions Filed on Behalf of H-1B Temporary Workers Subject to the Annual Numerical Limitation

Abstract: The Department of Homeland Security is finalizing its interim regulation governing petitions filed on behalf of alien

workers subject to the annual numerical limitations applicable to the H-1B nonimmigrant classification. This rule precludes a

petitioner from filing more than one H-1B petition on behalf of the same alien temporary worker in a given fiscal year if the alien

is subject to a numerical limitation or is exempt from a numerical limitation by virtue of having earned a master's or higher

degree from a U.S. institution of higher education. Additionally, this rule makes accommodations for petitioners seeking to file

petitions on the first day on which filings will be accepted for the next fiscal year on behalf of alien workers subject to the annual

numerical limitation or U.S. master's or higher degree holders exempt from this limitation. This rule also clarifies the treatment of

H-1B nonimmigrant petitions incorrectly claiming an exemption from the numerical limitations. Finally, the rule removes from the

regulations unnecessary language regarding the annual numerical limitation applicable to the H-1B nonimmigrant classification.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 214 (h) (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1184(g); INA 214(g); INA 101(a)(15)(h); 8 USC 1101(a)(15)(H)

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 03/24/2008 

Regulations.gov Friday, January 20, 2012 Unified Agenda

44
Interim Final Rule 03/24/2008 73 FR 15389 

Interim Final Rule Comment Period End 05/23/2008 

Final Action 03/00/2012 

Additional Information: 2434-07

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

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

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB71

 View Related Documents

Title: Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Aliens Subject to Numerical

Limitations

Abstract: The Department of Homeland Security will finalize 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 necessary because the demand for H-1B specialty

occupation workers by U.S. companies may exceed the numerical limitation. This rule is intended to allow USCIS to more

efficiently manage the intake and lottery process for these H-1B petitions.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 214 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1184(g)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/03/2011 76 FR 11686 

NPRM Comment Period End 05/02/2011 

Final Rule 10/00/2012 

Additional Information: USCIS 2443-08. Includes Retrospective Review under EO 13563.

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

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

Regulations.gov Friday, January 20, 2012 Unified Agenda

45
Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB77

 View Related Documents

Title: Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands

Abstract: This final rule amends the Department of Homeland Security (DHS) and the Department of Justice (DOJ) regulations

to comply with the Consolidated Natural Resources Act of 2008 (CNRA). The CNRA extends the immigration laws of the United

States to the Commonwealth of the Northern Mariana Islands (CNMI). This rule finalizes the interim rule and implements

conforming amendments to their respective regulations.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 208 and 209; 8 CFR 214 and 215; 8 CFR 217; 8 CFR 235; 8 CFR 248; 8 CFR 264; 8 CFR 274a (To

search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 110-229

Legal Deadline: 

Action Source Description Date

Other Statutory Consolidated Natural Resources Act (CNRA) of 2008 11/28/2009 

Regulatory Plan:

Statement of Need: This rule finalizes the interim rule to conform existing regulations with the CNRA. Some of the changes

implemented under the CNRA affect existing regulations governing both DHS immigration policy and procedures and

proceedings before the immigration judges and the Board. Accordingly, it is necessary to make amendments both to the DHS

regulations and to the DOJ regulations. The Secretary and the Attorney General are making conforming amendments to their

respective regulations in this single rulemaking document.

Legal Basis: Congress extended the immigration laws of the United States to the CNMI. The stated purpose of the CNRA is

to ensure effective border control procedures, to properly address national security and homeland security concerns by

extending U.S. immigration law to the CNMI (phasing-out the CNMI's nonresident contract worker program while minimizing to

the greatest extent practicable the potential adverse economic and fiscal effects of that phase-out), to maximize the CNMI's

potential for future economic and business growth, and to assure worker protections from the potential for abuse and

exploitation.

Alternatives:

Costs and Benefits: Costs: The interim rule established basic provisions necessary for the application of the INA to the CNMI

and updated definitions and existing DHS and DOJ regulations in areas that were confusing or in conflict with how they are to

be applied to implement the INA in the CNMI. As such, that rule made no changes that had identifiable direct or indirect

economic impacts that could be quantified. Benefits: This final rule makes additional regulatory changes in order to lessen the

adverse impacts of the CNRA on employers and employees in the CNMI and assist the CNMI in its transition to the INA.

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 10/28/2009 74 FR 55725 

Interim Final Rule Comment Period End 11/27/2009 

Correction 12/22/2009 74 FR 67969 

Final Action 03/00/2012 

Additional Information: CIS 2460-08.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 1615-AB76; Related to 1615-AB75

Agency Contact: Kevin Cummings

Branch Chief, Business and Trade Services

Department of Homeland Security

U.S. Citizenship and Immigration Services

Second Floor Office of Program and Regulations Development 20 Massachusetts Avenue NW.

Washington , DC 20529 

Regulations.gov Friday, January 20, 2012 Unified Agenda

46
Phone: 202 272-1470 

FAX: 202 272-1480

E-Mail: kevin.cummings@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB91

 View Related Documents

Title: Approval of Construction Wage Rates in Guam

Abstract: This final rule amends the Department of Homeland Security (DHS) regulations affecting the reporting of H-2B

construction wage rates in Guam. DHS has determined that U.S. Citizenship and Immigration Services (USCIS) is not the

appropriate sub-agency to evaluate prevailing wage rates in Guam and is amending its regulations by removing the agency

approval requirements. This direct final rule removes USCIS from the process of setting appropriate prevailing wage rates for H2B construction occupations on Guam. The U.S. Department of Labor will now determine and evaluate prevailing wage rates for

construction occupations on Guam using its current process without additional review or oversight by USCIS.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 214 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101 to 1103

Legal Deadline: None

Timetable:

Action Date FR Cite

Direct Final Rule 02/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

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

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA03

 View Related Documents

Title: Petition To Classify Alien as Immediate Relative of a U.S. Citizen or as a Preference Immigrant; Self-Petitioning for

Certain Battered or Abused Alien Spouses and Children

Abstract: In 1996, the Immigration and Naturalization Service published an interim rule on this subject at 61 FR 13061.

USCIS, formerly the Immigration and Naturalization Service, received a number of comments in response to that rulemaking.

Most of those comments have since been overcome by events, namely new legislation. In October 2000, the President signed

the Victims of Trafficking and Violence Protection Act, Public Law 106-386, which contained numerous amendments to the

battered spouse provisions contained in the Immigration and Nationality Act (INA). More recently, the Violence Against Women

and Department of Justice Reauthorization Act of 2005, Public Law 109-162 (Jan. 5, 2006), made further amendments to the

battered spouse provisions of the INA. The Department plans to issue another interim final rule to make the changes required

by the recent legislation and to provide an opportunity for notice and comment.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 204; 8 CFR 205; 8 CFR 216; 8 CFR 245; 8 CFR 274a (To search for a specific CFR, visit the Code of

Regulations.gov Friday, January 20, 2012 Unified Agenda

47
Federal Regulations ) 

Legal Authority: 8 USC 1101; PL 103-322; 8 USC 1103; 8 USC 1151; 8 USC 1153 and 1154; 8 USC 1182; 8 USC 1186a; 8

USC 1255; 8 USC 1105a

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 00/00/0000 

Interim Final Rule Effective 03/26/1996 

Interim Final Rule 03/26/1996 61 FR 13061 

Interim Final Rule Comment Period End 05/28/1996 

Additional Information: New CIS No. 2442-08 CIS No. 1705-95 Transferred from RIN 1115-AE04

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Agency Contact: Laura M. Dawkins 

Chief, Family Immigration and Victim Protection Division

Department of Homeland Security

U.S. Citizenship and Immigration Services

Suite 1200 20 Massachusetts Avenue NW.

Washington , DC 20529 

Phone: 202 272-1470 

FAX: 202 272-1480

E-Mail: laura.dawkins@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA05

 View Related Documents

Title: Definition of the Term "Lawfully Present" for Purposes of Eligibility for Public Benefits

Abstract: Section 401(a) of the Personal Responsibility and Work Reconciliation Act of 1996 (PRWORA) provides that, with

limited exceptions, only qualified aliens, as defined under section 431, may receive certain Federal public benefits. Section

401(b)(2) provides an exception that allows aliens who are "lawfully present in the United States" to receive Social Security

benefits under title II of the Social Security Act. PRWORA, and other laws, use the term "lawfully present" in other benefitrelated contexts as well. The Department of Justice published an interim final rule on September 6, 1996, which amended the

regulations to define the term "an alien who is lawfully present in the United States" so that the Social Security Administration

may determine which aliens are eligible for benefits under title II of the Social Security Act. DHS now plans to issue a final rule

to complete the rulemaking action.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 103 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 552 and 552a; 8 USC 1101 and 1103; 8 USC 1201; 8 USC 1252 note and 1252B; 8 USC 1304 and

1356; 31 USC 9701

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 00/00/0000 

Interim Final Rule 09/06/1996 61 FR 47039 

Interim Final Rule Comment Period End 11/05/1996 

Additional Information: CIS No. 1792-96 Transferred from RIN 1115-AE51

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State

Small Entities Affected: No Federalism: No

Agency Contact: Mark Phillips

Chief, Residence and Naturalization Division

Regulations.gov Friday, January 20, 2012 Unified Agenda

48
Department of Homeland Security

U.S. Citizenship and Immigration Services

Office of Policy and Strategy 20 Massachusetts Avenue NW. Suite 1100

Washington , DC 20529 

Phone: 202 272-1470 

FAX: 202 272-1480

E-Mail: rmark.phillips@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA12

 View Related Documents

Title: Adjustment of Status, Continued Validity of Nonimmigrant Status, and Unexpired Employment Authorization for

Applicants Maintaining Nonimmigrant H or L Status

Abstract: The Department has issued numerous policy statements regarding its position on employment authorization, advance

parole, and extension of nonimmigrant status for certain skilled nonimmigrant workers who have applied for adjustment to

permanent resident status. This interim final rule codified existing DHS policy statements by incorporating them into the

Department's regulations, and eliminated the requirement for permission for overseas travel for adjustment applicants who are

maintaining H-1 or L nonimmigrant status.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 214; 8 CFR 245 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 CFR 2; 8 USC 1101; 8 USC 1103; 8 USC 1182; 8 USC 1184; 8 USC 1186a; 8 USC 1187; 8 USC 1221; 8

USC 1255; 8 USC 1281; 8 USC 1282

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 00/00/0000 

Interim Final Rule 06/01/1999 64 FR 29208 

Interim Final Rule Comment Period End 08/02/1999 

Additional Information: CIS No. 1881-97 Transferred from RIN 1115-AE96

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Mark Phillips

Chief, Residence and Naturalization Division

Department of Homeland Security

U.S. Citizenship and Immigration Services

Office of Policy and Strategy 20 Massachusetts Avenue NW. Suite 1100

Washington , DC 20529 

Phone: 202 272-1470 

FAX: 202 272-1480

E-Mail: rmark.phillips@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA14

 View Related Documents

Title: Fingerprinting Applicants and Petitioners for Immigration Benefits; Establishing a Fee for Fingerprinting by the Department

of Homeland Security

Abstract: This rule amends the Department of Homeland Security (DHS) regulations relating to fingerprinting applicants and

petitioners for benefits under the Immigration and Nationality Act by: 1) Canceling the Designated Fingerprinting Service

program; 2) requiring applicants and petitioners for benefits to be fingerprinted at either a DHS Office or at a United States

Regulations.gov Friday, January 20, 2012 Unified Agenda

49
consular or military office; 3) establishing a fee for fingerprinting by the Department; and 4) requiring confirmation from the

Federal Bureau of Investigation that a full criminal background check has been completed before adjudication of a naturalization

application is completed.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 103; 8 CFR 299; 8 CFR 316; 8 CFR 335 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1201; 8 USC 1252 note; 8 USC 1252b; 8 USC 1304; 8 USC 1356

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 00/00/0000 

Interim Final Rule 03/17/1998 63 FR 12979 

Interim Final Rule Effective 03/29/1998 63 FR 12979 

Interim Final Rule Correction 04/09/1998 63 FR 17489 

Interim Final Rule Comment Period End 05/18/1998 

Additional Information: CIS No. 1891-97 Transferred from RIN 1115-AF03

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Conrad Zaragoza

Chief, Application Support Center

Department of Homeland Security

U.S. Citizenship and Immigration Services

Field Operations Directorate 111 Massachusetts Avenue NW.

Washington , DC 20529 

Phone: 202 272-1043 

FAX: 202 272-1008

E-Mail: conrad.zaragoza@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA17

 View Related Documents

Title: Suspension of Deportation and Special Rule Cancellation of Removal for Certain Nationals of Guatemala, El Salvador,

and Former Soviet Bloc Countries

Abstract: This rule implements section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA),

enacted as title II of Public Law 105-100, 111 Stat. 2160, 2193 (1997) (as amended by Technical Corrections to the Nicaraguan

Adjustment and Central American Relief Act (NACARA), Public Law 105-139, Stat. 2644 (1997)). Section 203 of NACARA

provides that certain Guatemalans, Salvadorans, and nationals of former Soviet Bloc countries are eligible to apply for

cancellation of removal under the standards for suspension of deportation similar to those that existed prior to enactment of the

Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). The rule establishes the authority of DHS asylum officers

to adjudicate certain applications under section 203 of NACARA, provides application and adjudication procedures, identifies

factors and standards relevant to eligibility, and establishes a rebuttable presumption of extreme hardship for certain NACARA

beneficiaries.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 103; 8 CFR 208; 8 CFR 240; 8 CFR 246; 8 CFR 274a (To search for a specific CFR, visit the Code of

Federal Regulations ) 

Legal Authority: 5 USC 552 to 552a; 8 USC 1101; 8 USC 1103; 8 USC 1158; 8 USC 1182; 8 USC 1186a; 8 USC 1224; 8

USC 1225 to 1227; 8 USC 1251; 8 USC 1252 note; 8 USC 1252a

Legal Deadline: None

Timetable:

Regulations.gov Friday, January 20, 2012 Unified Agenda

50
Action Date FR Cite

Final Action 00/00/0000 

NPRM (CIS No. 1915-98) 11/24/1998 63 FR 64895 

NPRM Comment Period End (CIS No. 1915-98) 01/25/1999 

Interim Final Rule (CIS No. 1915-98) 05/21/1999 64 FR 27856 

Interim Rule Comment Period End 07/20/1999 

Additional Information: CIS No. 1915-98 Transferred from RIN 1115-AF14

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Agency Contact: Ted Kim

Deputy Chief, Asylum Division

Department of Homeland Security

U.S. Citizenship and Immigration Services

Office of Refugee, Asylum, and International Operations Suite 3200 20 Massachusetts Avenue NW.

Washington , DC 20259 

Phone: 202 272-1614 

FAX: 202 272-1994

E-Mail: ted.kim@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA22

 View Related Documents

Title: Inadmissibility and Deportability on Public Charge Grounds

Abstract: The Department of Homeland Security is amending its regulations governing determinations of whether an alien is

inadmissible to the United States, ineligible to adjust status to lawful permanent resident, or has become deportable on public

charge grounds. This rule is intended to alleviate confusion over the meaning of the term "public charge" in immigration law,

reduce negative consequences generated by this confusion, and provide aliens with better guidance as to the types of public

benefits that will and will not be considered in public charge determinations. This interim rule also addresses the public

comments on the proposed public charge rule published on May 26, 1999, at 64 FR 28676.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 212; 8 CFR 237; 8 CFR 245a.18 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101 to 1103; 8 USC 1182 and 1183; ...

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 00/00/0000 

NPRM 05/26/1999 64 FR 28676 

NPRM Comment Period End 07/26/1999 

Additional Information: CIS No. 1989-99 Transferred from RIN 1115-AF45

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: David Nazer

Management and Program Analyst

Department of Homeland Security

U.S. Citizenship and Immigration Services

20 Massachusetts Avenue NW.

Washington , DC 20529 

Phone: 202 272-8405 

E-Mail: david.nazer@dhs.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

51
Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA29

 View Related Documents

Title: Battered and Abused Conditional Residents; Termination of Marriage by Conditional Residents

Abstract: Enacted on November 10, 1986, the Immigration Marriage Fraud Amendments of 1986 (IMFA) made a number of

changes to the Immigration and Nationality Act to deter aliens from marrying solely to obtain immigration benefits. IMFA

established a conditional resident status for aliens who obtained lawful permanent resident status based upon a marriage of

less than 2 years' duration. The interim rule, published on May 16, 1991, established procedures to allow a conditional resident

who married in good faith but whose marriage was terminated by the United States citizen or lawful permanent resident spouse

to seek a waiver of the joint filing requirement. The interim rule also was necessary to provide a method by which a battered

conditional resident, or a conditional resident parent of an abused conditional resident child, may apply for removal of the

conditional basis of resident status without filing a joint petition. This final rule implements certain technical changes made by

the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and addresses comments received in response to the

interim rule published on May 16, 1991.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 216; 8 CFR 299 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1154; 8 USC 1184; 8 USC 1186a

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 00/00/0000 

Interim Final Rule 05/16/1991 56 FR 22635 

Additional Information: Interim Rule for CIS No. 1423-91 published on May 16, 1991. Transferred from RIN 1115-AF59

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Laura M. Dawkins 

Chief, Family Immigration and Victim Protection Division

Department of Homeland Security

U.S. Citizenship and Immigration Services

Suite 1200 20 Massachusetts Avenue NW.

Washington , DC 20529 

Phone: 202 272-1470 

FAX: 202 272-1480

E-Mail: laura.dawkins@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA34

 View Related Documents

Title: National Interest Waivers for Second Preference Employment-Based Immigrant Physicians Serving in Medically

Underserved Areas or at Department of Veterans Affairs Facilities

Abstract: On November 29, 1999, Public Law 106-113 was enacted. Section 117 amended the Immigration and Nationality Act

at section 203 to provide national interest waivers to alien physicians agreeing to practice five years in designated medically

underserved areas or at Veterans Affairs facilities. The Department of Justice issued two interim rules to amend 8 CFR parts

204 and 245 to implement the new statutory provisions and to allow applicants to begin to take advantage of the new

provisions. The Department of Homeland Security now seeks to finalize the process by issuing a final rule.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 204; 8 CFR 245 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 106-113; 8 USC 1101; 8 USC 1103; 8 USC 1151; 8 USC 1153 and 1154; 8 USC 1182; 8 USC 1186a; 8

Regulations.gov Friday, January 20, 2012 Unified Agenda

52
USC 1255; 8 USC 1641

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 00/00/0000 

Interim Final Rule 09/06/2000 65 FR 53889 

Correction to Interim Final Rule 09/27/2000 65 FR 57943 

Interim Final Rule Effective 10/06/2000 

Correction to Interim Final Rule 10/20/2000 65 FR 63118 

Interim Final Rule Comment Period End 11/06/2000 

Additional Information: CIS No. 2048-00 Transferred from RIN 1115-AF75

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

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

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA40

 View Related Documents

Title: Adjustment of Status to That of Person Admitted for Permanent Residence; Temporary Removal of Certain Restrictions

of Eligibility

Abstract: The Department is amending its regulations governing eligibility for adjustment of status under section 245(i) of the

Immigration and Nationality Act to conform the regulations to existing policy and procedures and to remove language that has

been superseded by subsequent legislation. Specifically, this rule conforms the regulations to include the changes made by

Public Law 105-119 and Public Law 106-544. It also provides for the changes contained in the Legal Immigration Family Equity

Act of 2000 (LIFE Act). As required by the LIFE Act, this rule changes the sunset date of section 245(i) of the Immigration and

Naturalization Act to April 30, 2001, for filing of qualifying petitions or applications that enable the applicant to apply to adjust

status using section 245(i) and clarifies the effect of the new sunset date on eligibility. This means that in order to preserve the

ability to apply for adjustment of status under section 245(i), an alien must be the beneficiary of a visa petition for classification

under section 204 of the Act or application for labor certification properly filed on or before April 30, 2001, and determined to

have approval when filed.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 103; 8 CFR 205; 8 CFR 245 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1201; 8 USC 1252; 8 USC 1252b; 8 USC 1304; 8 USC 1356

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 00/00/0000 

Interim Final Rule Effective 03/26/2001 

Interim Final Rule 03/26/2001 66 FR 16383 

Interim Final Rule Comment Period End 05/25/2001 

Additional Information: CIS No. 2078-00; This rulemaking supersedes RIN 1615-AA85 Transferred from RIN 1115-AF91

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

53
Small Entities Affected: No Federalism: No

Agency Contact: Mark Phillips

Chief, Residence and Naturalization Division

Department of Homeland Security

U.S. Citizenship and Immigration Services

Office of Policy and Strategy 20 Massachusetts Avenue NW. Suite 1100

Washington , DC 20529 

Phone: 202 272-1470 

FAX: 202 272-1480

E-Mail: rmark.phillips@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA42

 View Related Documents

Title: Petition To Classify Alien as Immediate Relative of a U.S. Citizen or Preference Immigrant; Adjustment of Status to That

of a Person Admitted for Permanent Residence

Abstract: This final rule amends regulations of the Department of Homeland Security to provide an exception from the general

prohibition against approval of immigration benefits based upon a marriage entered into during removal proceedings. The rule

creates a good faith exception to the prohibition. This final rule completes the regulatory implementation of the Immigration Act

of 1990.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 204; 8 CFR 245 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1151; 8 USC 1153 and 1154; ...

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 00/00/0000 

Interim Final Rule 06/20/1991 56 FR 28311 

Interim Final Rule Comment Period End 07/20/1991 

Additional Information: See CIS No. 1419-91 Transferred from RIN 1115-AF94.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Laura M. Dawkins 

Chief, Family Immigration and Victim Protection Division

Department of Homeland Security

U.S. Citizenship and Immigration Services

Suite 1200 20 Massachusetts Avenue NW.

Washington , DC 20529 

Phone: 202 272-1470 

FAX: 202 272-1480

E-Mail: laura.dawkins@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA43

 View Related Documents

Title: Classification of Aliens as Children of United States Citizens Based on Intercountry Adoptions Under the Hague

Convention

Abstract: This rule amends Department of Homeland Security (DHS) regulations relating to intercountry adoptions by U.S.

citizens. First, to facilitate the ratification of the Convention on Protection of Children and Cooperation in Respect of Intercountry

Adoption, signed at The Hague on May 29, 1993 (Convention), the rule establishes new administrative procedures for the

Regulations.gov Friday, January 20, 2012 Unified Agenda

54
immigration of children who are habitually resident in Convention countries and who are adopted by U.S. citizens. Second, the

rule makes other amendments to DHS regulations relating to the immigration of adopted children, to reflect the changes to

those provisions necessary to comply with the Convention. The U.S. Senate consented to ratification of the Convention in 2000

conditioned on the adoption of the necessary implementing regulations. Accordingly, this rule is necessary to establish the

regulations necessary for the United States to ratify the Convention.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 204 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1151; 8 USC 1153 and 1154; 8 USC 1182; 8 USC 1186a; 8 USC 1255; 8

USC 1641

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 00/00/0000 

Interim Final Rule 10/04/2007 72 FR 56832 

Interim Final Rule Effective 11/05/2007 

Interim Final Rule Comment Period End 12/03/2007 

Interim Final Rule; Reopening 03/25/2008 73 FR 15635 

Interim Final Rule Comment Period End 05/27/2008 

Comment Period Extended 05/27/2008 

Additional Information: CIS No. 2098-07. Transferred from RIN 1115-AF96

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Ted Kim

Deputy Chief, Asylum Division

Department of Homeland Security

U.S. Citizenship and Immigration Services

Office of Refugee, Asylum, and International Operations Suite 3200 20 Massachusetts Avenue NW.

Washington , DC 20259 

Phone: 202 272-1614 

FAX: 202 272-1994

E-Mail: ted.kim@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA45

 View Related Documents

Title: Children Born Outside the United States; Applications for Certificate of Citizenship

Abstract: This rule implements title I of the Child Citizenship Act of 2000, Public Law 106-395. First, it amends DHS

regulations by adding a new part that addresses application procedures for foreign-born children residing in the United States

pursuant to a lawful admission for permanent residence, who acquire citizenship automatically under section 320 of the

Immigration and Nationality Act (Act), as amended. This rule established procedures for these foreign-born children, including

adopted children, to obtain certificates of citizenship. Second, this rule also addresses application procedures for foreign-born

children residing outside the United States, who can acquire citizenship under section 322 of the Act, as amended, by approval

of an application and taking the oath of allegiance.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 103; 8 CFR 299; 8 CFR 310; 8 CFR 320; 8 CFR 322; 8 CFR 338; 8 CFR 341; 8 CFR 499; ... (To search

for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 106-395

Legal Deadline: 

Action Source Description Date

Other Statutory Child Citizenship Act of 2000 02/27/2001 

Regulations.gov Friday, January 20, 2012 Unified Agenda

55
Timetable:

Action Date FR Cite

Final Action 00/00/0000 

Interim Final Rule Effective 06/13/2001 

Interim Final Rule 06/13/2001 66 FR 32138 

Interim Final Rule Comment Period End 08/13/2001 

Additional Information: CIS No. 2101-00 Transferred from RIN 1115-AF98

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Victor Garcia

Adjudications Officer

Department of Homeland Security

U.S. Citizenship and Immigration Services

111 Massachusetts Avenue NW.

Washington , DC 20529 

Phone: 202 272-1001 

E-Mail: victor.a.garcia@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA46

 View Related Documents

Title: Allowing for the Filing of Form I-140 Visa Petition Concurrently With a Form I-485 Application in Certain Circumstances

Abstract: The current regulations provide that an alien worker who wants to apply for permanent residence by filing the

appropriate Form I-485, Application To Register Permanent Residence or Adjust Status, cannot do so until he or she obtains

approval of the underlying petition, Form I-140, Immigrant Petition for Alien Worker. This procedure has resulted in aliens

experiencing unnecessary delays due to the heavy backlog created by increasing numbers of cases received by the Department

of Homeland Security (DHS). This rule amends DHS regulations by allowing the Forms I-140 and I-485 to be filed concurrently

when a visa is immediately available, thereby improving the efficiency of the system, as well as customer service. This rule will

also allow the alien worker to apply for employment authorization (Form I-765, Application for Employment Authorization) and

advance parole authorization (Form I-131, Application for Travel Document) while the Form I-485 is pending.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 204; 8 CFR 245 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1151; 8 USC 1153 and 1154; 8 USC 1182; 8 USC 1186a; 8 USC 1255; 8

USC 1641

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 00/00/0000 

Interim Final Rule Effective 07/31/2002 

Interim Final Rule 07/31/2002 67 FR 49561 

Interim Final Rule Comment Period End 09/30/2002 

Additional Information: CIS No. 2104-00 Transferred from RIN 1115-AG00

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Related RINs: Merge with 1615-AB82

Agency Contact: Mark Phillips

Chief, Residence and Naturalization Division

Department of Homeland Security

U.S. Citizenship and Immigration Services

Office of Policy and Strategy 20 Massachusetts Avenue NW. Suite 1100

Regulations.gov Friday, January 20, 2012 Unified Agenda

56
Washington , DC 20529 

Phone: 202 272-1470 

FAX: 202 272-1480

E-Mail: rmark.phillips@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA49

 View Related Documents

Title: Establishing Premium Processing Service for Employment-Based Petitions and Applications

Abstract: The interim rule changed the premium processing time from 15 calendar days to 15 business days and added

additional circumstances that will stop the premium processing clock. That rule also clarified that for e-filed petitions and

applications, the 15-business-day processing period begins when U.S. Citizenship and Immigration Services receives the initial

required supporting documentation to adjudicate the case at the Service Center with jurisdiction over that case. This final rule

will address public comments received in connection with the interim rule.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 103; 8 CFR 299 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101; 8 USC 1103

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 00/00/0000 

Interim Final Rule Effective 06/01/2001 

Interim Final Rule 06/01/2001 66 FR 29682 

Interim Final Rule Comment Period End 07/31/2001 

Additional Information: CIS No. 2108-01 Transferred from RIN 1115-AG03

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

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

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA51

 View Related Documents

Title: Adjustment of Status for Certain Nationals of Nicaragua, Cuba, and Haiti

Abstract: This final rule implements the provisions of the Legal Immigration Family Equity Act (LIFE Act) and its technical

amendments to both the Nicaraguan Adjustment and Central American Relief Act (NACARA), and the Haitian Refugee

Immigration Fairness Act (HRIFA) of 1998. Specifically, section 1505 of the amendments to the LIFE Act states that section

241(a)(5) of the Immigration and Nationality Act (INA) does not apply to adjustment applicants under NACARA/HRIFA and that

the grounds of inadmissibility under section 212(a)(9)(A) and (C) of the INA may be waived for NACARA/HRIFA adjustment

applicants. Section 241(a)(5) of the INA provides for the reinstatement of a removal order against any alien who illegally reenters the United States after having been removed or after having departed voluntarily under an order of removal. It also bars

any alien whose removal order has been reinstated from receiving any relief under the INA, including any waivers of grounds of

inadmissibility necessary for the grant of adjustment of status. Sections 212(a)(9)(A) and 212(a)(9)(C) of the INA are grounds of

Regulations.gov Friday, January 20, 2012 Unified Agenda

57
inadmissibility relating to aliens previously removed and aliens who are unlawfully present in the United States after previous

immigration violations, respectively. Section 1505 of the amendments to the LIFE Act also states that an alien who has become

eligible for benefits under NACARA/HRIFA, as a result of the enactment of the LIFE Act, may file a motion to reopen his or her

removal proceedings in order to apply for adjustment or to apply for cancellation of removal or suspension of deportation.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 241; 8 CFR 245 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1182; 8 USC 1255

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 00/00/0000 

Interim Final Rule Comment Period End 05/31/2001 

Interim Final Rule 05/31/2001 66 FR 29449 

Additional Information: CIS No. 2113-01 Transferred from RIN 1115-AG05

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Mark Phillips

Chief, Residence and Naturalization Division

Department of Homeland Security

U.S. Citizenship and Immigration Services

Office of Policy and Strategy 20 Massachusetts Avenue NW. Suite 1100

Washington , DC 20529 

Phone: 202 272-1470 

FAX: 202 272-1480

E-Mail: rmark.phillips@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA63

 View Related Documents

Title: Removal of Limitations on the Validity Period for Employment Authorization Documents

Abstract: This rule amends DHS regulations governing issuance of Employment Authorization Documents (EADs) to give

USCIS discretion to modify EAD validity periods for initial, renewal, and replacement EADs. This rule also amends the

regulations to reflect that USCIS will issue EADs to aliens granted asylum by the Department of Justice, Executive Office of

Immigration Review (EOIR), with validity periods of up to 5 years, unless otherwise appropriate.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 103; 8 CFR 274a (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 552 to 552a; 8 USC 1101; 8 USC 1103; 8 USC 1201; ...

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 00/00/0000 

Interim Final Rule 07/30/2004 69 FR 45555 

Interim Final Rule Comment Period End 09/28/2004 

Additional Information: CIS No. 2152-01 Transferred from RIN 1115-AG32

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Mark Phillips

Regulations.gov Friday, January 20, 2012 Unified Agenda

58
Chief, Residence and Naturalization Division

Department of Homeland Security

U.S. Citizenship and Immigration Services

Office of Policy and Strategy 20 Massachusetts Avenue NW. Suite 1100

Washington , DC 20529 

Phone: 202 272-1470 

FAX: 202 272-1480

E-Mail: rmark.phillips@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA73

 View Related Documents

Title: Requiring Change of Status From B-1 to F-1 or M-1 Nonimmigrant Prior To Pursuing a Course of Study

Abstract: The interim final rule amended Department regulations by eliminating the current provision allowing a nonimmigrant

visitor for business or pleasure to enroll in a DHS-approved school without first obtaining approval of a change of nonimmigrant

status request from the Department. The amendment ensured that no B nonimmigrant is allowed to begin taking classes until

the Department has approved the alien's request to change nonimmigrant status to that of F or M student.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 214; 8 CFR 248 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1184; 8 USC 1258

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 00/00/0000 

Interim Final Rule 04/12/2002 67 FR 18062 

Interim Final Rule Comment Period End 06/11/2002 

Additional Information: CIS No. 2195-02 Transferred from RIN 1115-AG60

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

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

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA90

 View Related Documents

Title: Implementation of Amendments Affecting Petitions for Employment Creation for Aliens

Abstract: This rule proposes amendments to the regulations of the Department of Homeland Security to implement changes

made by the 21st Century Department of Justice Appropriations Authorization of 2001. This legislation made various changes to

the EB-5 alien immigrant classification.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 204; 8 CFR 216; 8 CFR 245; 8 CFR 299 (To search for a specific CFR, visit the Code of Federal

Regulations.gov Friday, January 20, 2012 Unified Agenda

59
Regulations ) 

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1151; 8 USC 1153 and 1154; ...

Legal Deadline: 

Action Source Description Date

Other Statutory 03/02/2003 

Timetable:

Action Date FR Cite

Final Rule 00/00/0000 

NPRM 09/28/2011 76 FR 59927 

NPRM Correction 10/04/2011 76 FR 61288 

NPRM Comment Period End 11/28/2011 

Additional Information: CIS No. 2253-03; Regulatory actions announced in 1115-AF27 are merged with this rulemaking.

Transferred from RIN 1115-AG93

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Laura M. Dawkins 

Chief, Family Immigration and Victim Protection Division

Department of Homeland Security

U.S. Citizenship and Immigration Services

Suite 1200 20 Massachusetts Avenue NW.

Washington , DC 20529 

Phone: 202 272-1470 

FAX: 202 272-1480

E-Mail: laura.dawkins@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB28

 View Related Documents

Title: Extension of the Deadline for Certain Health Care Workers Required To Obtain Certificates

Abstract: This rule amends Department of Homeland Security regulations to extend the deadline by which certain health care

workers from Canada and Mexico must obtain health care worker certifications. This rule applies only to affected health care

workers, who, before September 23, 2003, were previously employed as TN nonimmigrant health care workers (Canadian or

Mexican citizens), and held a valid license from a U.S. jurisdiction. This interim rule does not change the licensing requirements

for employment purposes. Publication of this rule ensures that the U.S. health care system is not adversely affected by the

expiration of the transition period for certain health care workers to present the required certification.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 212; 8 CFR 214 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101 to 1103; 8 USC 1182

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 00/00/0000 

Interim Final Rule 07/22/2004 69 FR 43729 

Interim Final Rule Comment Period End 09/20/2004 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Claudia F. Young 

Branch Chief

Department of Homeland Security

U.S. Citizenship and Immigration Services

Regulations.gov Friday, January 20, 2012 Unified Agenda

60
Service Center Operations 20 Massachusetts Avenue NW.

Washington , DC 20529 

Phone: 202 272-8163 

E-Mail: cf1young@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB50

 View Related Documents

Title: Eligibility of Arriving Aliens in Removal Proceedings To Apply for Adjustment of Status and Jurisdiction To Adjudicate

Applications for Adjustment of Status

Abstract: The Secretary of Homeland Security and the Attorney General publish these interim final rules to amend their

respective agencies' regulations governing applications for adjustment of status filed by paroled arriving aliens seeking to

become lawful permanent residents. The Secretary and the Attorney General are also amending the regulations to clarify when

United States Citizenship and Immigration Services, or the immigration judges and the Board of Immigration Appeals, Executive

Office for Immigration Review, have jurisdiction to adjudicate applications for adjustment of status by such aliens.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1; 8 CFR 25; 8 CFR 1001; 8 CFR 1245 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 8 USC 1255; 8 USC 1225(b)(2); 8 USC 1229a(c)(2)(A); 8 USC 1101(a)(13)(B); ...

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 00/00/0000 

Interim Final Rule 05/12/2006 71 FR 27585 

Interim Final Rule Comment Period End 06/12/2006 

Additional Information: CIS No. 2387-06

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Mark Phillips

Chief, Residence and Naturalization Division

Department of Homeland Security

U.S. Citizenship and Immigration Services

Office of Policy and Strategy 20 Massachusetts Avenue NW. Suite 1100

Washington , DC 20529 

Phone: 202 272-1470 

FAX: 202 272-1480

E-Mail: rmark.phillips@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB81

 View Related Documents

Title: Special Immigrant Juvenile Petitions

Abstract: This rule makes procedural changes and resolves interpretive issues following the amendments mandated by

Congress. It will enable juvenile aliens who have been abused, neglected, or abandoned and placed in State custody by a

juvenile court, to obtain special immigrant status. Such status will enable these juveniles to be placed into more stable

environments.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

61
CFR Citation: 8 CFR 204; 8 CFR 205; 8 CFR 245 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1151; 8 USC 1153; 8 USC 1154

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 00/00/0000 

NPRM 09/06/2011 76 FR 54978 

NPRM Comment Period End 11/07/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Laura M. Dawkins 

Chief, Family Immigration and Victim Protection Division

Department of Homeland Security

U.S. Citizenship and Immigration Services

Suite 1200 20 Massachusetts Avenue NW.

Washington , DC 20529 

Phone: 202 272-1470 

FAX: 202 272-1480

E-Mail: laura.dawkins@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA19

 View Related Documents

Title: Regulations Concerning the Convention Against Torture

Abstract: This rule implements article 3 of the United Nations Convention Against Torture or Other Forms of Cruel, Inhuman,

or Degrading Treatment or Punishment for persons who may be subject to removal from the United States under the provisions

of the Immigration and Nationality Act.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 3; 8 CFR 208; 8 CFR 235; 8 CFR 238; 8 CFR 240 and 241 (To search for a specific CFR, visit the Code

of Federal Regulations ) 

Legal Authority: 8 USC 1103; 8 USC 1158; 8 USC 1226; 8 USC 1252; 8 USC 1282

Legal Deadline: 

Action Source Description Date

Other Statutory Requirements promulgated under the Immigration and Nationality Act. 02/18/1999 

Timetable:

Action Date FR Cite

Interim Final Rule 02/19/1999 64 FR 8478 

Interim Final Rule Corrections 03/22/1999 64 FR 13881 

Interim Final Rule Effective 03/22/1999 

Interim Final Rule Comment Period End 04/20/1999 

Transferred from USCIS to ICE (RIN 1653-AA63) 07/25/2011 

Additional Information: Transferred to RIN 1653-AA63 CIS No. 1976-99 Transferred from RIN 1115-AF39

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 1653-AA63

Agency Contact: Ronald W. Whitney 

Associate Chief Counsel

Department of Homeland Security

Regulations.gov Friday, January 20, 2012 Unified Agenda

62
U.S. Citizenship and Immigration Services

Office of Chief Counsel 20 Massachusetts Avenue NW.

Washington , DC 20529 

Phone: 202 272-1400 

E-Mail: ronald.whitney@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA24

 View Related Documents

Title: Application for Refugee Status; Acceptable Sponsorship Agreement Guaranty of Transportation

Abstract: Section 207 of the Immigration and Nationality Act authorizes the Secretary to admit refugees to the United States

under certain conditions. That authority was delegated to the Secretary of Homeland Security under the Homeland Security Act.

DHS regulations require that sponsorship agreements be secured before an applicant is granted admission as a refugee at a

U.S. port-of-entry. The determination of whether or not someone is classified as a refugee is described in the Act as a separate

decision from whether a refugee may be admitted to the United States. This rule amends DHS regulations by removing

language that erroneously implies that DHS requires a sponsorship agreement and guaranty of transportation prior to

determining whether an applicant is a refugee. This rule is necessary to clarify issues in the existing regulation.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 207 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1151; 8 USC 1157 and 1158

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 05/21/1999 64 FR 27660 

Interim Final Rule Comment Period End 07/20/1999 

Final Action - Final Rule 1615-AB83 08/29/2011 76 FR 53764 

Additional Information: CIS No. 1999-99; Transferred from RIN 1115-AF49; Rule has been adopted as a final rule in RIN

1615-AB83.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Related RINs: Merge with 1615-AB83

Agency Contact: Dan Konnerth

Policy and Coordination Chief, Office of Transformation Coordination

Department of Homeland Security

U.S. Citizenship and Immigration Services

6th Floor 633 Third Street NW.

Washington , DC 20529 

Phone: 202 233-2381 

E-Mail: dan.konnerth@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA30

 View Related Documents

Title: Revoking Grants of Naturalization

Abstract: This rule amends DHS regulations by rescinding the regulations relating to administrative revocation of naturalization.

This change is necessary since the previous regulations at 8 CFR 340.1 were invalidated on July 20, 2000, by the Ninth Circuit

Court of Appeals in the class action lawsuit Gorbach v. Reno, 219 F.3d 1087 (9th Cir. 2000), and final injunction prohibiting the

use of these regulations on February 14, 2001.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Regulations.gov Friday, January 20, 2012 Unified Agenda

63
Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 340 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1103; 8 USC 1443

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 03/31/2000 65 FR 17127 

Interim Final Rule Comment Period End 05/30/2000 

Final Action - Final Rule 1615-AB83 08/29/2011 76 FR 53764 

Additional Information: CIS No.1858-97 Transferred from RIN 1115-AF63; Rule has been adopted as a final rule in RIN 1615-

AB83.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Related RINs: Merge with 1615-AB83

Agency Contact: Dan Konnerth

Policy and Coordination Chief, Office of Transformation Coordination

Department of Homeland Security

U.S. Citizenship and Immigration Services

6th Floor 633 Third Street NW.

Washington , DC 20529 

Phone: 202 233-2381 

E-Mail: dan.konnerth@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA57

 View Related Documents

Title: Adjustment of Status for Certain Syrian Nationals Granted Asylum in the United States

Abstract: On October 27, 2000, President Clinton signed into law Public Law 106-378, Adjustment of Status of Certain Syrian

Nationals, which provides for the adjustment of status to lawful permanent resident of certain Syrian nationals, without regard to

the annual numerical limitation requirement. This interim final rule discusses eligibility and sets forth application procedures for

persons wishing to adjust status on the basis of Public Law 106-378. The Department issued this action as an interim rule

because Public Law 106-378 provided for a 1-year application period, which ended on October 26, 2001. Publication of the

interim final rule ensured that applicants were provided with as much time as possible to apply for the benefits under Public Law

106-378.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1182; 8 USC 1255

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 05/17/2001 

Interim Final Rule 05/17/2001 66 FR 27445 

Interim Final Rule Comment Period End 07/17/2001 

Final Action - Final Rule 1615-AB83 08/29/2011 76 FR 53764 

Additional Information: Transferred from RIN 1115-AG13; Rule has been adopted as a final rule in RIN 1615-AB83.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Related RINs: Merge with 1615-AB83

Agency Contact: Dan Konnerth

Regulations.gov Friday, January 20, 2012 Unified Agenda

64
Policy and Coordination Chief, Office of Transformation Coordination

Department of Homeland Security

U.S. Citizenship and Immigration Services

6th Floor 633 Third Street NW.

Washington , DC 20529 

Phone: 202 233-2381 

E-Mail: dan.konnerth@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA83

 View Related Documents

Title: Electronic Signature on Applications and Petitions for Immigration and Naturalization Benefits

Abstract: This rule amends DHS regulations concerning the acceptance of electronic signatures on applications and petitions

for immigration and naturalization benefits. The change is necessary to allow the Department to begin accepting electronically

filed applications and petitions as required by law. By accepting electronically filed applications and petitions, the Department

expects to streamline its information collection process, improve customer service, and move toward fulfilling the mandates of

the Government Paperwork Elimination Act.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 103 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 552 to 552a; 8 USC 1101; 8 USC 1103; 8 USC 1201; 8 USC 1252 note

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 04/29/2003 68 FR 23009 

Interim Final Rule Effective 05/29/2003 

Final Action - Final Rule 1615-AB83 08/29/2011 76 FR 53764 

Final Action Effective 11/28/2011 

Additional Information: CIS No. 2224-02. Transferred from RIN 1115-AG79. Rule has been adopted as a final rule in RIN

1615-AB83.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Related RINs: Merge with 1615-AB83

Agency Contact: Dan Konnerth

Policy and Coordination Chief, Office of Transformation Coordination

Department of Homeland Security

U.S. Citizenship and Immigration Services

6th Floor 633 Third Street NW.

Washington , DC 20529 

Phone: 202 233-2381 

E-Mail: dan.konnerth@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA96

 View Related Documents

Title: Eliminating the Numerical Cap on Mexican TN Nonimmigrants

Abstract: This rule eliminates the 5,500 annual limit on the number of Mexican professional admissions under the North

American Free Trade Agreement (NAFTA). It also eliminates the associated requirement of a petition on Form I-129 and the

certified labor condition application. Rather than submit a petition to DHS, aliens seeking TN classification will apply for a TN

visa from the State Department. This rule brings the treatment of Mexican TNs under NAFTA closer to that of Canadian TNs.

Regulations.gov Friday, January 20, 2012 Unified Agenda

65
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 214 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101 to 1103; 8 USC 1182; 8 USC 1184

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 03/10/2004 69 FR 11287 

Interim Final Rule Comment Period End 05/10/2004 

Final Action - Final Rule 1615-AB83 08/29/2011 76 FR 53764 

Additional Information: CIS No. 2266-03; Transferred from RIN 1115-AH02. Rule has been adopted as a final rule in RIN

1615-AB83.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Merge with 1615-AB83

Agency Contact: Dan Konnerth

Policy and Coordination Chief, Office of Transformation Coordination

Department of Homeland Security

U.S. Citizenship and Immigration Services

6th Floor 633 Third Street NW.

Washington , DC 20529 

Phone: 202 233-2381 

E-Mail: dan.konnerth@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB14

 View Related Documents

Title: Classification of Certain Scientists of the Commonwealth of Independent States of the Former Soviet Union and the

Baltic States as Employment-Based Immigrants

Abstract: The Soviet Scientists Immigration Act of 1992 (SSI A) provided for 750 visas to be provided to eligible scientists and

engineers from the former Soviet Union. Subsequent legislation extended the eligibility deadline for filing under the SSIA to

September 30, 2006, and raised the numerical limit on these visas from 750 to 950. This rule will finalize the interim final rule

and remove the regulations since the program has expired.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 204 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1103; 8 USC 1151; 8 USC 1153 and 1154

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 04/25/2005 70 FR 21129 

Interim Final Rule Effective 05/25/2005 

Interim Final Rule Comment Period End 06/24/2005 

Final Action - 1615-AB83 08/29/2011 76 FR 53764 

Final Action Effective 11/28/2011 

Additional Information: CIS No. 2277-03; Rule has been adopted as a final rule in RIN 1615-AB83.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

66
Related RINs: Merge with 1615-AB83

Agency Contact: Dan Konnerth

Policy and Coordination Chief, Office of Transformation Coordination

Department of Homeland Security

U.S. Citizenship and Immigration Services

6th Floor 633 Third Street NW.

Washington , DC 20529 

Phone: 202 233-2381 

E-Mail: dan.konnerth@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB35

 View Related Documents

Title: Interpretation at Asylum Interviews

Abstract: Section 208(d)(5)(B), Authority to Apply for Asylum, under the Immigration and Nationality Act, gives the Secretary

the authority to provide by regulation any conditions in consideration of an asylum application. Current regulations require the

asylum applicant to bring their interpreter to the asylum interview if the applicant is unable to speak English. This proposed rule

would change that condition by requiring USCIS to provide interpreter services for applicants unable to speak English. This rule

is necessary to help prevent misunderstanding of genuine asylum seekers' claims due to poor translation. At the suggestion of

the Office of Information and Regulatory Affairs, DHS has decided to withdraw this entry from the Unified Agenda until and

unless DHS takes further action on this regulation.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 208 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1103; 8 USC 1158; 8 USC 1226; 8 USC 1252; 8 USC 1282; Executive Order 13166; 22 USC 6743(a)

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 12/31/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Ted Kim

Deputy Chief, Asylum Division

Department of Homeland Security

U.S. Citizenship and Immigration Services

Office of Refugee, Asylum, and International Operations Suite 3200 20 Massachusetts Avenue NW.

Washington , DC 20259 

Phone: 202 272-1614 

FAX: 202 272-1994

E-Mail: ted.kim@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB54

 View Related Documents

Title: Amendments to Regulatory Provisions Regarding Refugee and Asylee Relative Petitions

Abstract: This rule proposes to amend the Department of Homeland Security (DHS) regulations governing the adjudication of

petitions for the spouses and children of refugees and asylees to join the principal refugee or asylee. These changes are

intended to eliminate vulnerabilities in the current system by enabling DHS to examine the eligibility of beneficiaries and create

a mechanism to suspend the petition while DHS seeks to verify the validity of the petitioner's underlying grant of asylum or

refugee admission. The rule proposes to allocate jurisdiction over derivative asylum claims among U.S. Citizenship and

Immigration Services and the Department of Justice, Executive Office for Immigration Review, and to clarify the distinction

Regulations.gov Friday, January 20, 2012 Unified Agenda

67
between approval of the petition and conveyance of status upon the beneficiary. The rule also proposes to amend the

regulations to reflect changes in derivative eligibility following enactment of the Child Status Protection Act. At the suggestion of

the Office of Information and Regulatory Affairs, DHS has decided to withdraw this entry from the Unified Agenda until and

unless DHS takes further action on this regulation.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 207 to 209 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1157(c)(2); PL 107-208, 116 Stat 927

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 12/31/2011 

Additional Information: CIS No. 2372-06

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Ted Kim

Deputy Chief, Asylum Division

Department of Homeland Security

U.S. Citizenship and Immigration Services

Office of Refugee, Asylum, and International Operations Suite 3200 20 Massachusetts Avenue NW.

Washington , DC 20259 

Phone: 202 272-1614 

FAX: 202 272-1994

E-Mail: ted.kim@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB56

 View Related Documents

Title: Removing References to Filing Locations and Obsolete References to Legacy Immigration and Naturalization Service

Abstract: This rule will amend the Department of Homeland Security (DHS), U.S. Citizenship and Immigrations Services'

(USCIS) regulations to: (1) Remove the Immigration and Naturalization Service (INS) organizational structure from regulations

since INS no longer exists and (2) eliminate from USCIS regulations all references to filing locations so that USCIS may provide

such information on petition and application forms and through any other means. This rule will eliminate confusion and obsolete

references from USCIS regulations and help the public determine where to file forms with USCIS. It will also result in a more

efficient and streamlined process for USCIS to make future changes to filing instructions, allowing the Agency to better manage

its workload.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 100; 8 CFR 103; 8 CFR 204; 8 CFR 207 and 208; 8 CFR 211 and 212; 8 CFR 214; 8 CFR 216; 8 CFR

236; 8 CFR 244 and 245; 8 CFR 248; 8 CFR 264; 8 CFR 274a; 8 CFR 301; 8 CFR 316; 8 CFR 320; 8 CFR 322; 8 CFR 324; 8

CFR 327 to 330; 8 CFR 334; 8 CFR 392 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 CFR 2.1

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Published 06/05/2009 74 FR 26933 

Interim Final Rule Effective 07/06/2009 

Interim Final Rule Comment Period End 08/04/2009 

Final Action - Final Rule 1615-AB83 08/29/2011 76 FR 53764 

Final Action Effective 11/28/2011 

Regulations.gov Friday, January 20, 2012 Unified Agenda

68
Additional Information: CIS No. 2405-07. Rule has been adopted as a final rule in RIN 1615-AB83.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Merge with 1615-AB83

Agency Contact: Dan Konnerth

Policy and Coordination Chief, Office of Transformation Coordination

Department of Homeland Security

U.S. Citizenship and Immigration Services

6th Floor 633 Third Street NW.

Washington , DC 20529 

Phone: 202 233-2381 

E-Mail: dan.konnerth@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB57

 View Related Documents

Title: Classification of Adopted Aliens as Children of United States Citizens Based on Adoptions That Are Not Governed by the

Hague Convention

Abstract: This rule proposes to amend Department of Homeland Security (DHS) regulations relating to intercountry adoptions

in cases that are not governed by the Convention on Protection of Children and Cooperation in Respect of Intercountry

Adoption, signed at The Hague on May 29, 1993. First, the rule proposes amendments to the rules governing adoption cases

under section 101(b)(1)(E) of the Immigration and Nationality Act (the Act). Second, it also proposes amendments to the rules

governing the immigration of alien orphans under section 101(b)(1)(F) of the Act. These amendments are needed to clarify the

rules for both case types, and to incorporate into the regulations recent statutory amendments. For the orphan cases, these

amendments will also improve the ability to assure the protection of the best interests of alien orphans whose adoption is

sought by U.S. citizens. At the suggestion of the Office of Information and Regulatory Affairs, DHS has decided to withdraw this

entry from the Unified Agenda until and unless DHS takes further action on this regulation.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 103; 8 CFR 204; 8 CFR 299 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1151; 8 USC 1153 and 1154; 8 USC 1182; 8 USC 1186a; 8 USC 1255; 8

USC 1641

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 12/31/2011 

Additional Information: CIS No. 2406-07

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Charles Nimick Department of Homeland Security

U.S. Citizenship and Immigration Services

20 Massachusetts Avenue NW.

Washington , DC 20529 

Phone: 202 272-8128 

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB72

 View Related Documents

Regulations.gov Friday, January 20, 2012 Unified Agenda

69
Title: Documents and Receipts Acceptable for Employment Eligibility Verification

Abstract: This rule proposes amendments to regulations governing the types of acceptable identity and employment

authorization documents and receipts that employees may present to their employers for completion of the Form I-9,

Employment Eligibility Verification. The effect of the proposed changes would be to improve the integrity of the employment

verification process by ensuring that the list contains secure and fraud-resistant documents and adding safeguards to the

verification process. At the suggestion of the Office of Information and Regulatory Affairs, DHS has decided to withdraw this

entry from the Unified Agenda until and unless DHS takes further action on this regulation.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 274a (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1324a

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 12/31/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State

Small Entities Affected: Business Federalism: No

Energy Affected: No

Related RINs: Related to 1615-AB69

Agency Contact: Miriam Hetfield

Branch Chief, E-Verify Operations

Department of Homeland Security

U.S. Citizenship and Immigration Services

Verification Division Suite 200, 131 M Street NE.

Washington , DC 20529-2610 

Phone: 202 443-0258 

FAX: 202 443-0215

E-Mail: miriam.hetfield@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB76

 View Related Documents

Title: Commonwealth of the Northern Mariana Islands Transitional Worker Classification

Abstract: On October 27, 2009, the Department of Homeland Security published an interim rule creating a new, temporary,

Commonwealth of the Northern Mariana Islands (CNMI)-only transitional worker classification (CW classification) in accordance

with title VII of the Consolidated Natural Resources Act of 2008 (CNRA). The CW classification is intended to provide for an

orderly transition from the CNMI permit system to the U.S. Federal immigration system under the immigration laws of the United

States, including the Immigration and Nationality Act (INA). This final rule implements the CW classification and establishes that

a CW transitional worker is an alien worker who is ineligible for another classification under the INA and who performs services

or labor for an employer in the CNMI during the five-year transition period. CNMI employers may now petition for such workers.

The rule also establishes employment authorization incident to CW status.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 214.2 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 110-229

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 10/27/2009 74 FR 55094 

Interim Final Rule Comment Period End 11/27/2009 

Interim Final Rule Comment Period End Extended 12/09/2009 74 FR 64997 

Interim Final Rule Comment Period End 01/08/2010 

Final Rule 09/07/2011 76 FR 55502 

Regulations.gov Friday, January 20, 2012 Unified Agenda

70
Final Rule Effective 10/07/2011 

Final Rule Correction 11/08/2011 76 FR 69119 

Additional Information: Includes Retrospective Review under E.O. 13563.

Regulatory Flexibility Analysis Required: Business Government Levels Affected: State

Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Related RINs: Related to 1615-AB75; Related to 1615-AB77

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

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB83

 View Related Documents

Title: Immigration Benefits Business Transformation, Increment I

Abstract: U.S. Citizenship and Immigration Services (USCIS) is beginning a phased multi-year business transformation

initiative to restructure its business processes and related information technology systems. This will enable USCIS to migrate

from a paper forms-based, non-integrated systems environment to an electronic, customer-focused, centralized case

management environment for benefit processing. The Department of Homeland Security (DHS) is amending its regulations to

streamline benefit processing, eliminate the capture and processing of redundant data, and automate and reduce the number of

its forms.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1; 8 CFR 103; 8 CFR 208; 8 CFR 209 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 5 USC 301; 8 USC 1101; 8 USC 1103; 8 USC 1304; 8 USC 1356; PL 107-296, sec 2135

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 08/29/2011 76 FR 53764 

Final Rule Comment Period End 10/28/2011 

Final Rule Correction 11/29/2011 76 FR 73475 

Final Rule Effective 11/28/2011 

Additional Information: CIS #2481-09; This rule (RIN 1615-AB83) adopted the following eight interim final rules as final rules:

1615-AA24, 1615-AA30, 1615-AA57, 1615-AA83, 1615-AA96, 1615-AB14, 1615-AB32 (previously withdrawn), and 1615-AB56.

Includes Retrospective Review under E.O. 13563.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 1615-AA24; Related to 1615-

AA30; Related to 1615-AB32; Related to 1615-AA57; Related

to 1615-AA83; Related to 1615-AA96; Related to 1615-

AB14; Related to 1615-AB56

Agency Contact: Dan Konnerth

Regulations.gov Friday, January 20, 2012 Unified Agenda

71
Policy and Coordination Chief, Office of Transformation Coordination

Department of Homeland Security

U.S. Citizenship and Immigration Services

6th Floor 633 Third Street NW.

Washington , DC 20529 

Phone: 202 233-2381 

E-Mail: dan.konnerth@dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB90

 View Related Documents

Title: Ineffective Assistance of Counsel Claims in Asylum Cases

Abstract: The purpose of this proposed rule is to revise the uniform procedural and substantive requirements for finding an

"extraordinary circumstance" for purposes of the one-year asylum filing deadline based on claims of ineffective assistance of

counsel. This rule is intended to clarify the documentary requirements for claiming ineffective assistance of counsel. This is

necessary because the alien's failure to submit evidence on key issues or copies of relevant documents may not fulfill his or her

burden of proof to establish an "extraordinary circumstance" and it can result in a referral or denial of the asylum application

based on the failure to meet the one-year filing deadline. At the suggestion of the Office of Information and Regulatory Affairs,

DHS has decided to withdraw this entry from the Unified Agenda until and unless DHS takes further action on this regulation.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 208 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1158

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 12/31/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Ted Kim

Deputy Chief, Asylum Division

Department of Homeland Security

U.S. Citizenship and Immigration Services

Office of Refugee, Asylum, and International Operations Suite 3200 20 Massachusetts Avenue NW.

Washington , DC 20259 

Phone: 202 272-1614 

FAX: 202 272-1994

E-Mail: ted.kim@dhs.gov

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AA03

 View Related Documents

Title: Claims Procedures Under the Oil Pollution Act of 1990 (USCG-2004-17697)

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.

Regulations.gov Friday, January 20, 2012 Unified Agenda

72
Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 136 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 33 USC 2713 and 2714

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 08/12/1992 57 FR 36314 

Correction 09/09/1992 57 FR 41104 

Interim Final Rule Comment Period End 12/10/1992 

Notice of Inquiry 11/01/2011 76 FR 67385 

Notice of Inquiry Comment Period End 01/30/2012 

Regulatory Flexibility Analysis Required: Business;

Governmental Jurisdictions; Organizations Government Levels Affected: Federal; Local; State; Tribal

Federalism: No

Energy Affected: No

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

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB51

 View Related Documents

Title: Potable Water Standards for Inspected Vessels

Abstract: The Coast Guard is considering adding regulations in title 46 Code of Federal Regulations to require that water

supplied for washing and drinking by passengers and crew meet the Food and Drug Administration (FDA) standards for potable

water in 21 CFR parts 1240 and 1250. This action is being considered as a result of amendments to title 46, United States

Code, section 3305(a) made by the Coast Guard and Maritime Transportation Authorization Act of 2004 (Pub. L. 108-293, Aug.

9, 2004). As most inspected vessels engage in interstate trade and are already subject to FDA regulations or already supply

potable water for washing and drinking by the passengers and crew, we are seeking comments on whether such an action

would be necessary.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: No Unfunded Mandates: No

CFR Citation: 46 CFR 32; 46 CFR 56; 46 CFR 72; 46 CFR 92; 46 CFR 108; 46 CFR 116; 46 CFR 127; 46 CFR 167-169; 46

CFR 177 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 46 USC 3305; 46 USC 3306

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice With Request for Comments 02/00/2012 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: Thane Gilman

Program Manager, CG-5213

Department of Homeland Security

Regulations.gov Friday, January 20, 2012 Unified Agenda

73
U.S. Coast Guard

2100 Second Street SW.

Washington , DC 20593 

Phone: 202 372-1383 

E-Mail: thane.gilman@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB58

 View Related Documents

Title: Amendments to Chemical Testing Requirements in 46 CFR 16 and 33 CFR 95

Abstract: This rulemaking supports the Commandant's Marine Safety strategic goal by making numerous small improvements

to the drug and alcohol testing program. These changes would close loopholes, increase the efficiency and reliability of drug

test reporting, and reorganize 46 CFR 16 into question & answer format. Amendments to 33 CFR 95 would authorize Coast

Guard civilian marine investigators to order post-accident drug tests (in the same way as active duty mariner investigators do).

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: No Unfunded Mandates: No

CFR Citation: 46 CFR 16; 33 CFR 95 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 46 USC 2103; 46 USC 7101; 46 USC 7302; 46 USC 7701; DHS Delegation No. 0170.1

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice With Request for Comments 01/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: Yes

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: Robert C. Schoening

Commandant (CG-5451)

Department of Homeland Security

U.S. Coast Guard

2100 Second Street SW, STOP 7581

Washington , DC 20593-0001 

Phone: 202 372-1033 

E-Mail: robert.c.schoening@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB74

 View Related Documents

Title: Tonnage Regulations Amendments

Abstract: The Coast Guard proposes to amend 46 CFR part 69. The proposed amendments incorporate statutory amendments

made by section 303 of the Coast Guard Authorization Act of 2010. The Act requires that foreign flag vessels that engage solely

on domestic voyages and undocumented vessels are measured under the International Convention. The Act also clarifies under

what circumstances a vessel may use its tonnage measured under the Regulatory Measurement System to apply tonnage

thresholds in international standards. The proposed rule also codifies existing Coast Guard policy previously developed to

address advances in vessel technology and design that impact how tonnage should be measured.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: PreRule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 46 CFR 69 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 46 USC 2301; 46 USC 14101; 46 USC 14103; 46 USC 14302; 46 USC 14303; 46 USC 14305; 46 USC

14501; 46 USC 14503; 46 USC 14512; 46 USC 14512; 46 USC 14514; 46 USC 14522

Regulations.gov Friday, January 20, 2012 Unified Agenda

74
Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 03/00/2012 

Additional Information: Docket No. USCG-2011-0522

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Marcus J. Akins Department of Homeland Security

U.S. Coast Guard

Marine Safety Center (MSC-4) Tonnage Division 2100 Second Street SW.

Washington , DC 20593 

Phone: 202 475-3349 

E-Mail: marcus.j.akins@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AA02

 View Related Documents

Title: Discharge-Removal Equipment for Vessels Carrying Oil

Abstract: The Oil Pollution Act of 1990 directed the President by August 18, 1992, to require periodic inspection of dischargeremoval equipment to ensure that it is available in an emergency, and to require carriage of discharge removal equipment by

vessels operating in the navigable waters of the United States and carrying oil or hazardous substances. This action

implemented those provisions. This project supports the Coast Guard's broad role and responsibility of maritime stewardship.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 155 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 33 USC 1321

Legal Deadline: 

Action Source Description Date

Other Statutory 08/18/1992 

Timetable:

Action Date FR Cite

ANPRM 08/30/1991 56 FR 43534 

ANPRM Comment Period End 10/16/1991 

NPRM 09/29/1992 57 FR 44912 

NPRM Comment Period End 10/29/1992 

NPRM Comment Period Extended 10/26/1992 57 FR 48489 

NPRM Comment Period Extended 11/16/1992 57 FR 48489 

Interim Final Rule 12/22/1993 58 FR 67988 

Correction 01/26/1994 59 FR 3749 

Interim Final Rule Effective 01/21/1994 

Interim Final Rule Comment Period End 02/22/1994 

Notice 02/00/2012 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Related RINs: Previously Reported as 2115-AD66

Agency Contact: David A. Du Pont 

Project Manager, CG-523

Department of Homeland Security

U.S. Coast Guard

2100 Second SW., STOP 7126

Regulations.gov Friday, January 20, 2012 Unified Agenda

75
Washington , DC 20593-7126 

Phone: 202 372-1497 

E-Mail: david.a.dupont@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AA12

 View Related Documents

Title: Marine Transportation-Related Facility Response Plans for Hazardous Substances

Abstract: This project would implement provisions of the Oil Pollution Act of 1990 (OPA 90) that require an owner or operator

of a marine transportation-related facility transferring bulk hazardous substances to develop and operate in accordance with an

approved response plan. The regulations would apply to marine transportation-related facilities that, because of their location,

could cause harm to the environment by discharging a hazardous substance into or on the navigable waters or adjoining

shoreline. A separate rulemaking, under RIN 1625-AA13, was developed in tandem with this rulemaking and addresses

hazardous substances response plan requirements for tank vessels. This project supports the Coast Guard's broad roles and

responsibilities of maritime safety and maritime stewardship by reducing the consequence of pollution incidents. This action is

considered significant because of substantial public and industry interest.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 33 CFR 154 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 33 USC 1321(j); PL 101-380; PL 108-293

Legal Deadline: 

Action Source Description Date

Other Statutory Coast Guard Authorization Act of 2010 04/15/2012 

Timetable:

Action Date FR Cite

ANPRM 05/03/1996 61 FR 20084 

Notice of Public Hearings 07/03/1996 61 FR 34775 

ANPRM Comment Period End 09/03/1996 

NPRM 03/31/2000 65 FR 17416 

NPRM Comment Period End 06/29/2000 

Notice To Reopen Comment Period 02/17/2011 76 FR 9276 

Comment Period End 05/18/2011 

Notice of Availability 01/00/2012 

Additional Information: The docket number for this rulemaking is USCG-1999-5705. The docket can be found at

www.regulations.gov. The Old Docket Number is CGD 94-048. Public hearings regarding this rulemaking were held in

Washington, DC, on July 30, 1996; Houston, TX, on August 5, 1996; and Houston, TX, on February 26 and 27, 1997. Public

meetings for the notice of proposed rulemaking were held in New Orleans, LA, on May 10 and 11, 2000.

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Related RINs: Related to 1625-AA13

Agency Contact: CDR Michael Roldan 

Project Manager, CG-522

Department of Homeland Security

U.S. Coast Guard

2100 Second Street SW., STOP 7126

Washington , DC 20593-7126 

Phone: 202 372-1420 

E-Mail: luis.m.roldan@uscg.mil

Department of Homeland Security (DHS) 

Regulations.gov Friday, January 20, 2012 Unified Agenda

76
U.S. Coast Guard ( USCG ) RIN: 1625-AA13

 View Related Documents

Title: Tank Vessel Response Plans for Hazardous Substances

Abstract: This project would implement provisions of the Oil Pollution Act of 1990 that require an owner or operator of a tank

vessel carrying bulk hazardous substances to develop and submit to the Coast Guard a response plan and operate in

accordance with an approved response plan. The regulations would apply to vessels operating on the navigable waters or within

the Exclusive Economic Zone (EEZ) of the United States that carry bulk hazardous substances. Additionally, this project would

update shipboard marine pollution emergency plans for noxious liquid substance (SMPEP-NLS) requirements that apply to

certain nontank vessels and tank vessels. A separate rulemaking, under RIN 1625-AA12, would address hazardous substances

response plan requirements for marine transportation-related facilities. This project supports the Coast Guard's broad roles and

responsibilities of maritime safety and maritime stewardship by reducing the consequences of pollution incidents.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 33 CFR 151; 33 CFR 155 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 33 USC 1231; 33 USC 1321(j); PL 101-380; PL 108-293

Legal Deadline: 

Action Source Description Date

Other Statutory Coast Guard Authorization Act of 2010 04/15/2012 

Timetable:

Action Date FR Cite

ANPRM 05/03/1996 61 FR 20084 

Notice of Public Hearings 07/03/1996 61 FR 34775 

ANPRM Comment Period End 09/03/1996 

NPRM 03/22/1999 64 FR 13734 

NPRM Comment Period Extended 06/15/1999 64 FR 31994 

Notice of Public Hearing 06/15/1999 64 FR 31994 

NPRM Comment Period End 06/21/1999 

NPRM Extended Comment Period End 08/30/1999 

Notice To Reopen Comment Period 02/17/2011 76 FR 9276 

Comment Period End 05/18/2011 

Notice of Availability 01/00/2012 

Additional Information: The docket number for this rulemaking is USCG-1998-4354. The docket is located at

www.regulations.gov. The old docket number is CGD 94-032. Public meetings regarding this rulemaking were held in

Washington, DC, on July 30, 1996; Houston, TX, on August 5, 1996; and Houston, TX, on February 26 and 27, 1997. Public

meetings for the notice of proposed rulemaking were held in Houston, TX, on August 12 and 13, 1999.

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Related RINs: Related to 1625-AA12

Agency Contact: Raymond Martin

Project Manager CG-5225

Department of Homeland Security

U.S. Coast Guard

2100 Second Street SW, STOP 7126

Washington , DC 20593-7126 

Phone: 202 372-1449 

E-Mail: raymond.w.martin@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AA14

 View Related Documents

Title: Numbering of Undocumented Barges

Regulations.gov Friday, January 20, 2012 Unified Agenda

77
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. This rulemaking supports the Coast Guard's broad role and responsibility of maritime stewardship.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 189 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 46 USC 12301

Legal Deadline: None

Timetable:

Action Date FR Cite

Request for Comments 10/18/1994 59 FR 52646 

Comment Period End 01/17/1995 

ANPRM 07/06/1998 63 FR 36384 

ANPRM Comment Period End 11/03/1998 

NPRM 01/11/2001 66 FR 2385 

NPRM Comment Period End 04/11/2001 

NPRM Reopening of Comment Period 08/12/2004 69 FR 49844 

NPRM Comment Period End 11/10/2004 

Supplemental NPRM 01/00/2012 

Additional Information: The docket number for this rulemaking is USCG-1998-3798. The docket is located at

www.regulations.gov. The old docket number is CGD 93-091.

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: Denise Harmon

Project Manager

Department of Homeland Security

U.S. Coast Guard

National Vessel Documentation Center 792 T.J. Jackson Drive

Falling Waters , WV 25419 

Phone: 304 271-2506 

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AA18

 View Related Documents

Title: Outer Continental Shelf Activities

Abstract: The Coast Guard is the lead Federal agency for workplace safety and health, other than for matters generally related

to drilling and production that are regulated by the Bureau of Ocean Energy Management, Regulation and Enforcement

(BOEMRE) on facilities and vessels engaged in the exploration for, or development or production of, minerals on the Outer

Continental Shelf (OCS). This project would revise the regulations on OCS activities by: 1) Adding new requirements, some of

which may use classification society rules, for OCS units for lifesaving, fire protection, training, hazardous materials used as

stores, and accommodation spaces; 2) adding standards for electrical and machinery installations in hazardous locations; 3)

providing regulations for dynamic positioning systems; 4) providing for USCG acceptance and approval of specified classification

society plan reviews, inspections, audits, and surveys; and 5) requiring foreign vessels engaged in OCS activities to comply with

rules similar to those imposed on U.S. vessels similarly engaged. This project would affect the owners and operators of facilities

and vessels engaged in offshore activities.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 140 to 147 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 43 USC 1333(d)(1); 43 USC 1348(c); 43 USC 1356; DHS Delegation No 0170.1

Legal Deadline: None

Regulations.gov Friday, January 20, 2012 Unified Agenda

78
Timetable:

Action Date FR Cite

Request for Comments 06/27/1995 60 FR 33185 

Comment Period End 09/25/1995 

NPRM 12/07/1999 64 FR 68416 

NPRM Correction 02/22/2000 65 FR 8671 

NPRM Comment Period Extended 03/16/2000 65 FR 14226 

NPRM Comment Period Extended 06/30/2000 65 FR 40559 

NPRM Comment Period End 11/30/2000 

Supplemental NPRM 06/00/2012 

Additional Information: Docket Numbers: The notice of request for comments published June 27, 1995, was assigned Coast

Guard docket number 95-016. Following the request for comments, that docket was terminated. This project continues under

Docket No. USCG-1998-3868 and RIN 1625-AA18. This docket may be viewed online by going to www.regulations.gov.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: Dan Lawrence

Program Manager

Department of Homeland Security

U.S. Coast Guard

Commandant, CG-5222 2100 Second Street SW., STOP 7126

Washington , DC 20593-7126 

Phone: 202 372-1382 

E-Mail: james.d.lawrence@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AA21

 View Related Documents

Title: Commercial Diving Operations

Abstract: This project involves reviewing and updating the commercial diving regulations, which were first adopted in 1978. A

review of the commercial diving regulations is needed to determine what parts should be updated or changed based on the

current standards of safety, technology, and industry practices and to evaluate and minimize any impact of the rules upon small

entities. The project supports the Coast Guard Maritime Safety, Security, and Stewardship program's role and responsibility of

reducing deaths and injuries on U.S. commercial vessels, and the Coast Guard's broad role and responsibility of maritime

safety.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 46 CFR 197 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 33 USC 1509; 43 USC 1333; 46 USC 3306; 46 USC 3703; 46 USC 6101

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 06/26/1998 63 FR 34840 

ANPRM Comment Period Extended 09/23/1998 63 FR 50848 

ANPRM Comment Period End 11/09/1998 

Second ANPRM 01/06/2009 74 FR 414 

Second ANPRM Comment Period End 03/09/2009 

NPRM 04/00/2012 

Additional Information: The docket number for this rulemaking is USCG-1998-3786. The docket can be found at

www.regulations.gov.

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

79
Small Entities Affected: Business Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: Patrick Mannion

Project Manager, CG-5222

Department of Homeland Security

U.S. Coast Guard

2100 Second Street SW., STOP 7126

Washington , DC 20593-7126 

Phone: 202 372-1439 

E-Mail: patrick.j.mannion@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AA25

 View Related Documents

Title: Cargo Securing on Vessels Operating in U.S. Waters

Abstract: This rulemaking would adopt new requirements for cargo-securing manuals (CSMs) on U.S. vessels of 500 gross

tons or more on domestic and international voyages and for foreign vessels of 500 gross tons or more operating in U.S. waters

on international voyages, which carry cargo other than solid or liquid bulk cargo. The regulations would apply provisions on the

International Convention for the Safety of Life at Sea, 1974, (SOLAS) to such vessels on international voyages by requiring

them to carry and comply with a CSM that meets both U.S. and international standards. In addition, specific reporting

requirements for general and containerized cargo lost or jettisoned at sea will be included to establish a means to capture data

concerning lost cargo. The rule would reduce the loss of cargo, including hazardous materials, in U.S. waters, as well as reduce

injuries related to cargo container accidents. In addition, this rule would enable the Coast Guard to better identify, track, and

warn mariners of the threat to navigation posed by cargo lost at sea. Reducing cargo lost in U.S. waters supports the Coast

Guard's broad roles and responsibilities of maritime stewardship and safety.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 97; 46 CFR 91 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 46 USC 3306

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/01/2000 65 FR 75201 

NPRM Comment Period End 03/01/2001 

Supplemental NPRM 04/00/2012 

Additional Information: The docket number for this rulemaking is USCG-USCG-2000-7080. The docket can be found at

www.regulations.gov.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: LT Douglas Tindall 

Program Manager (CG-5222)

Department of Homeland Security

U.S. Coast Guard

2100 Second Street SW., STOP 7126

Washington , DC 20593-7126 

Phone: 202 372-1411 

E-Mail: douglas.tindall@uscg.mil

Regulations.gov Friday, January 20, 2012 Unified Agenda

80
Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AA89

 View Related Documents

Title: Dry Cargo Residue Discharges in the Great Lakes

Abstract: The historical practice of bulk dry cargo vessels on the Great Lakes is to discharge cargo residues ("dry cargo

residue" or DCR) overboard. Dry cargo residue is cargo that remains on the deck or cargo spaces after loading or unloading

operations. Generally, these residues include limestone and other clean stone, iron ore (such as taconite), coal, salt, and

cement. These substances are primarily inorganic, non-toxic, and non-hazardous. Public Law 108-293, sec. 623(b), gives the

Coast Guard regulatory authority over DCR discharges in the Great Lakes. An Interim Rule (73 FR 56492, Sep. 29, 2008) allows

the discharge of bulk DCR in limited areas of the Great Lakes by self-propelled vessels and by any barge that is part of an

integrated tug and barge unit. A supplemental notice of proposed rulemaking, prior to issuance of a final rule, is under study

and could propose vessel or facility to use control measures to reduce the amount of residue discharges in the Great Lakes.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 151 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 108-293

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/23/2008 73 FR 30014 

NPRM Comment Period End 07/22/2008 

Interim Final Rule 09/29/2008 73 FR 56492 

Interim Final Rule Comment Period End 01/15/2009 

Supplemental NPRM 03/00/2012 

Additional Information: Supplementary information about this rulemaking may be found in the docket for this rulemaking. The

docket number for this rulemaking is USCG-2004-19621. The docket can be found at www.regulations.gov.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: John A. Meehan Department of Homeland Security

U.S. Coast Guard

2100 Second SW., STOP 7126

Washington , DC 20593-7126 

Phone: 202 372-1429 

E-Mail: john.a.meehan@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB06

 View Related Documents

Title: Inspection of Towing Vessels

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.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 46 CFR 2; 46 CFR 15; 46 CFR 136 to 144 (To search for a specific CFR, visit the Code of Federal Regulations

) 

Legal Authority: 46 USC 3103; 46 USC 3301; 46 USC 3306; 46 USC 3308; 46 USC 3316; 46 USC 3703; 46 USC 8104; 46

USC 8904; DHS Delegation No 0170.1

Legal Deadline: On October 15, 2010, the Coast Guard Authorization Act of 2010 was enacted as Public Law 111-281. It

Regulations.gov Friday, January 20, 2012 Unified Agenda

81
requires that a proposed rule be issued within 90 days after enactment and that a final rule be issued within 1 year of

enactment.

Action Source Description Date

NPRM Statutory 01/13/2011 

Timetable:

Action Date FR Cite

Final Rule 00/00/0000 

NPRM 08/11/2011 76 FR 49976 

Notice of Public Meetings 09/09/2011 76 FR 55847 

NPRM Comment Period End 12/09/2011 

Additional Information: The Regulations.gov docket number is USCG-2006-24412.

Regulatory Flexibility Analysis Required: Business;

Governmental Jurisdictions; Organizations Government Levels Affected: State

Federalism: No

Energy Affected: Undetermined

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: Michael Harmon

Program Manager, CG-5222

Department of Homeland Security

U.S. Coast Guard

2100 Second Street SW., STOP 7126

Washington , DC 20593-7126 

Phone: 202 372-1427 

E-Mail: michael.j.harmon@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB21

 View Related Documents

Title: Transportation Worker Identification Credential (TWIC); Card Reader Requirements

Abstract: The Coast Guard is establishing electronic card reader requirements for maritime facilities and vessels to be used in

combination with TSA's Transportation Worker Identification Credential. Congress enacted several statutory requirements within

the Security and Accountability for Every (SAFE) Port Act of 2006 to guide regulations pertaining to TWIC readers, including the

need to evaluate TSA's final pilot program report as part of the TWIC reader rulemaking. During the rulemaking process, we will

take into account the final pilot data and the various conditions in which TWIC readers may be employed. For example, we will

consider the types of vessels and facilities that will use TWIC readers, locations of secure and restricted areas, operational

constraints, and need for accessibility. Recordkeeping requirements, amendments to security plans, and the requirement for

data exchanges (i.e., Canceled Card List) between TSA and vessel or facility owners/operators will also be addressed in this

rulemaking.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR, subchapter H (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 33 USC 1226; 33 USC 1231; 46 USC ch 701; 50 USC 191 and 192; EO 12656

Legal Deadline: The final rule is required 2 years after the commencement of the pilot program.

Action Source Description Date

Other Statutory SAFE Port Act, codified at 46 USC 70105(k) 08/20/2010 

Timetable:

Action Date FR Cite

ANPRM 03/27/2009 74 FR 13360 

Notice of Public Meeting 04/15/2009 74 FR 17444 

Notice of Public Meeting Comment Period End 05/26/2009 

ANPRM Comment Period End 05/26/2009 

NPRM 07/00/2012 

Regulations.gov Friday, January 20, 2012 Unified Agenda

82
Additional Information: The docket number for this rulemaking is USCG-2007-28915. The docket can be found at

www.regulations.gov.

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Related RINs: Related to 1625-AB02 Related Agencies: Common: TSA

Agency Contact: LCDR Loan O'Brien 

Project Manager

Department of Homeland Security

U.S. Coast Guard

Commandant, (CG-5442) 2100 Second Street SW., STOP 7581

Washington , DC 20593-7581 

Phone: 202 372-1133 

E-Mail: loan.t.o'brien@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB30

 View Related Documents

Title: Consolidated Cruise Ship Regulations

Abstract: This rulemaking proposes requirements for the screening of all baggage, personal items, and persons--including

passengers, crew and visitors--intended for carriage on a cruise ship. New screening regulations would enhance the Coast

Guard's broad role and responsibility of maritime security. It will implement an important facet of cruise ship security, further

enhancing the overall security of passengers.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR subchapter H (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 33 USC 1226; 33 USC 1231

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2012 

Additional Information: The docket number for this rulemaking is USCG-2006-23846. The docket can be found at

www.regulations.gov.

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Small Entities Affected: No Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: LCDR Loan O'Brien 

Project Manager

Department of Homeland Security

U.S. Coast Guard

Commandant, (CG-5442) 2100 Second Street SW., STOP 7581

Washington , DC 20593-7581 

Phone: 202 372-1133 

E-Mail: loan.t.o'brien@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB32

Regulations.gov Friday, January 20, 2012 Unified Agenda

83
 View Related Documents

Title: Assessment Framework and Organizational Restatement Regarding Preemption for Certain Regulations Issued by the

Coast Guard

Abstract: The proposed rule will operate in two ways. First, it will describe the Coast Guard's interpretation of the preemptive

effect of certain current Coast Guard regulations. This analysis will apply to previously promulgated regulations even if a

complete description of federalism implications was clearly articulated in the development of the regulation. Second, the rule will

set forth criteria and a process that the Coast Guard will undertake in future regulatory projects for evaluating the preemptive

impact of those regulations. This part of the analysis is prospective in nature and will lay out a roadmap for future regulatory

projects regarding federalism and preemption principles. This rulemaking will support the Coast Guard's broad role and

responsibility of further enhancing maritime stewardship by reinforcing a uniform maritime regulatory regime that is predictable

and useful for maritime interests.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 1.06 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 14 USC 2; 14 USC 91; 33 USC 1223; 33 USC 1231; 33 USC 1903(b); 46 USC 3203; 46 USC 3306; 46 USC

3703; 46 USC 3717; 46 USC 4302; 46 USC 6101; DHS Delegation No 0170.1

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/00/2012 

Additional Information: The docket number for this rulemaking is USCG-2008-1259. The docket can be found at

www.regulations.gov.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

RIN Information URL: http://www.regulations.gov Public Comment URL: http://www.regulations.gov

Agency Contact: LCDR Stephen DaPonte 

Program Manager

Department of Homeland Security

U.S. Coast Guard

Commandant (CG-0941) 2100 Second Street SW., STOP 7121

Washington , DC 20593-7121 

Phone: 202 372-3865 

E-Mail: stephen.daponte@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB38

 View Related Documents

Title: Updates to Maritime Security

Abstract: The Coast Guard proposes certain additions, changes, and amendments to 33 CFR, subchapter H. Subchapter H is

comprised of parts 101 through 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 the goals of domestic

compliance and international cooperation by incorporating requirements from legislation implemented since the original

publication of these regulations, such as the SAFE Port Act, and including international standards such as STCW security

training. This rulemaking has international interest because of the close relationship between subchapter H and the International

Ship and Port Security Code (ISPS).

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 33 CFR subchapter H (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 33 USC 1226; 33 USC 1231; 46 USC ch 701; 50 USC 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

Regulations.gov Friday, January 20, 2012 Unified Agenda

84
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/00/2012 

Additional Information: The Regulations.gov docket number for this rulemaking is USCG-2007-0009. Includes Retrospective

Review under E.O. 13563.

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

RIN Information URL: http://www.regulations.gov Public Comment URL: http://www.regulations.gov

Agency Contact: LCDR Loan O'Brien 

Project Manager

Department of Homeland Security

U.S. Coast Guard

Commandant, (CG-5442) 2100 Second Street SW., STOP 7581

Washington , DC 20593-7581 

Phone: 202 372-1133 

E-Mail: loan.t.o'brien@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB56

 View Related Documents

Title: Vessel Documentation User Fees--Annual Renewal Fee

Abstract: The Coast Guard proposes to add to our regulations a requirement to include an additional fee for annual renewals

of vessel documentation. The purpose of this rulemaking is to cover the operating costs of providing renewal services. As

required by the Omnibus Budget Reconciliation Act of 1990 (Pub. L. 101-508) and based on criteria in 31 USC 9701, the Coast

Guard must recover, to the extent of existing authority, current operating and overhead costs associated with vessel

documentation, filing, and recording activities under 46 USC chapters 121 and 313. The Coast Guard reviewed current fees in

46 CFR part 67 and will propose that the fees be adjusted to accommodate changes in the cost of providing the services.

These fees have not been adjusted since 1993.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 46 CFR 67 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 31 USC 9701; 46 USC 2110

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/00/2012 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

Agency Contact: Wendy D. Rhoads

Training Officer

Department of Homeland Security

U.S. Coast Guard

National Vessel Documentation Center 792 T. J. Jackson Drive

Falling Waters , WV 25419 

Phone: 304 271-2453 

E-Mail: wendy.d.rhoads@uscg.mil

Regulations.gov Friday, January 20, 2012 Unified Agenda

85
Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB57

 View Related Documents

Title: MARPOL Annex 1 Update

Abstract: In this rulemaking, the Coast Guard would amend the regulations in subchapter O (Pollution) of title 33 of the CFR,

including regulations on vessels carrying oil, oil pollution prevention, oil transfer operations, and rules for marine environmental

protection regarding oil tank vessels, to reflect changes to international oil pollution standards adopted since 2004. Additionally,

this regulation would update shipping regulations in title 46 to require Material Safety Data Sheets, in accordance with

international agreements, to protect the safety of mariners at sea.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 33 CFR 151; 33 CFR 155 to 157; 46 CFR 197 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 33 USC 1902; 46 USC 3306

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/00/2012 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: Michael Harmon

Program Manager, CG-5222

Department of Homeland Security

U.S. Coast Guard

2100 Second Street SW., STOP 7126

Washington , DC 20593-7126 

Phone: 202 372-1427 

E-Mail: michael.j.harmon@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB59

 View Related Documents

Title: Harmonization of Standards for Fire Protection and Extinguishing Equipment

Abstract: The Coast Guard proposes to amend its regulations for fire prevention, protection, detection, and extinguishing

equipment on inspected and uninspected vessels. The proposed rules would harmonize the Coast Guard's regulations with the

appropriate national and international consensus standards for fire prevention, protection, detection, and extinguishing

equipment on inspected and uninspected vessels. In addition, the proposed rules would make additional specific changes to

ensure that the Coasts Guard's regulations remain current and address advances in new fire protections, prevention, detection,

and extinguishing equipment technologies.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 33 CFR 140; 33 CFR 145; 46 CFR 25; 46 CFR 28; 46 CFR 31 and 32; 46 CFR 34; 46 CFR 71 and 72; 46 CFR

76; 46 CFR 91; 46 CFR 95; 46 CFR 107 and 108; 46 CFR 116; 46 CFR 118; 46 CFR 132; 46 CFR 159; 46 CFR 161 and 162;

46 CFR 164; 46 CFR 169; 46 CFR 175; 46 CFR 177; 46 CFR 181; 46 CFR 189 and 190; 46 CFR 193 (To search for a specific

CFR, visit the Code of Federal Regulations ) 

Legal Authority: 46 USC 3306; 46 USC 3503; 46 USC 3703; 46 USC 4102; 46 USC 4302; DHS Delegation # 0170.1

Legal Deadline: None

Regulations.gov Friday, January 20, 2012 Unified Agenda

86
Timetable:

Action Date FR Cite

NPRM 05/00/2012 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: LCDR Suzanne Hemann 

Project Manager, Office of Design and Engineering Standards, CG-5214

Department of Homeland Security

U.S. Coast Guard

Commandant (CG-5214) 2100 Second Street SW., STOP 7126

Washington , DC 20593-7126 

Phone: 202 372-1356 

E-Mail: suzanne.e.hemann@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB60

 View Related Documents

Title: Inflatable Personal Flotation Devices

Abstract: The Coast Guard is harmonizing structural and performance standards for inflatable recreational personal flotation

devices (PFDs) with industry consensus standards. This rulemaking will also slightly modify regulatory text in anticipation of a

potential rulemaking addressing the population for which PFDs are approved, but this rulemaking does not change the scope of

that current population.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 46 CFR 160 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 46 USC 4302

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 00/00/0000 

Direct Final Rule 03/30/2011 76 FR 17561 

Direct Final Rule Comment Period End 05/31/2011 

Direct Final Rule Withdrawal Effective 09/13/2011 

Direct Final Rule--Notice of Withdrawal 09/13/2011 76 FR 56294 

NPRM 12/00/2011 

NPRM Comment Period End 02/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: Brandi A. Baldwin 

Office of Design and Engineering Standards Lifesaving and Fire Safety Division (CG-5214)

Department of Homeland Security

U.S. Coast Guard

2100 Second Street SW., STOP 7126

Washington , DC 20593-7126 

Phone: 202 372-1394 

E-Mail: brandi.a.baldwin@uscg.mil

Department of Homeland Security (DHS) 

Regulations.gov Friday, January 20, 2012 Unified Agenda

87
U.S. Coast Guard ( USCG ) RIN: 1625-AB63

 View Related Documents

Title: Bulk Packaging To Allow for Transfer of Hazardous Liquid Cargoes

Abstract: The proposed rule would permit the use of United Nations-approved portable tanks for the transfer of hazardous

liquid cargoes to and from offshore supply vessels. The proposed rule would align Coast Guard regulations with the Department

of Transportation's Hazardous Materials Regulations and the International Maritime Organization's International Maritime

Dangerous Goods Code for the construction and use of portable tanks. The use of certain Intermediate Bulk Containers (IBCs)

would also be allowed for the transfer of hazardous liquid cargoes to and from offshore supply vessels. This proposed rule

would also amend the list of hazardous liquid cargoes in table 46 CFR 98.305(a) to include additional cargoes.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 46 CFR 98.30; 46 CFR 98.33 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 46 USC 3306; 46 USC 3703; DHS Delegation No. 0170.1

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/00/2012 

Additional Information: The docket number for this rulemaking is USCG-2011-0088. The docket can be found at

www.regulations.gov.

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: LT Elizabeth J. Newton Department of Homeland Security

U.S. Coast Guard

Office of Hazardous Material Standards (CG-5223) 2100 Second Street, SW.

Washington , DC 20593 

Phone: 202 372-1419 

E-Mail: elizabeth.j.newton@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB64

 View Related Documents

Title: Top Screen Information Collection from MTSA-Regulated Facilities Handling Chemicals

Abstract: The Coast Guard proposes to require facilities regulated under the Maritime Transportation Security Act of 2002

(Pub. L. 107-295) (MTSA) that transport or handle certain chemicals of interest to submit a "Top-Screen" to the Department of

Homeland Security (DHS). DHS developed Top-Screen under the Chemical Facility Anti-Terrorism Standards (Department of

Homeland Security Appropriations Act of 2007 (Pub. L. 109-295, section 550) (CFATS). This rulemaking would not subject

MTSA-regulated facilities to CFATS requirements.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 105 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 46 USC 70103

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2012 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

88
Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: LCDR Loan O'Brien 

Project Manager

Department of Homeland Security

U.S. Coast Guard

Commandant, (CG-5442) 2100 Second Street SW., STOP 7581

Washington , DC 20593-7581 

Phone: 202 372-1133 

E-Mail: loan.t.o'brien@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB66

 View Related Documents

Title: Revision of Coast Guard Auxiliary Regulations

Abstract: The proposed regulatory revisions would align the program's regulations with changes in statutory language that were

made in 1996, 2002, and 2004. These changes would broaden the Auxiliary's role and facilitate the Auxiliary's ability to hold and

manage property, and secure benefits and liability protection for its members.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 5 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 14 USC 23; 14 USC 92; 14 USC 633; 14 USC 821

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/00/2012 

Additional Information: The docket number for this rulemaking is USCG-1999-6712. The docket can be found at

www.regulations.gov.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: Stephen J. Minutolo 

Project Manager

Department of Homeland Security

U.S. Coast Guard

2100 Second Street SW., STOP 7581

Washington , DC 20593-7581 

Phone: 202 372-1267 

E-Mail: stephen.j.minutolo@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB67

 View Related Documents

Title: Reconsideration of Letters of Recommendation for Waterfront Facilities Handling LNG and LHG

Abstract: Under 33 CFR part 127, the Coast Guard issues a Letter of Recommendation (LOR) as to the suitability of a

waterway for liquefied natural gas (LNG) or liquefied hazardous gas (LHG) marine traffic associated with a new or modified LNG

or LHG facility. Currently, Coast Guard reconsideration of LORs follows the process set forth in 33 CFR 127.015, "Appeals."

This rulemaking would clarify the purpose of the LOR, and would articulate a process specific to LORs. This action would

increase efficiency and support the Coast Guard's mission of marine safety, security, and environmental stewardship.

Regulations.gov Friday, January 20, 2012 Unified Agenda

89
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 127.009 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 33 USC 1231; DHS Delegation No. 0170.1

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/16/2011 76 FR 78188 

NPRM Comment Period End 03/15/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: Ken Smith

Project Manager

Department of Homeland Security

U.S. Coast Guard

2100 Second Street SW., STOP 7126

Washington , DC 20593-7126 

Phone: 202 372-1413 

E-Mail: ken.a.smith@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB68

 View Related Documents

Title: Ballast Water Management Reporting and Recordkeeping

Abstract: This rulemaking would amend the ballast water management reporting and recordkeeping requirement in 33 CFR

part 151, subparts C and D. Obtaining a more complete understanding of vessels' ballasting operations supports the Coast

Guard's broad roles and responsibilities of maritime safety and environmental stewardship.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 151 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 4711; DHS Delegation No. 0170.1

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/16/2011 76 FR 78188 

NPRM Comment Period End 03/15/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: Scott A. Newsham 

Project Manager

Department of Homeland Security

U.S. Coast Guard

2100 Second Street SW., STOP 7126

Washington , DC 20593-7126 

Phone: 202 372-1435 

E-Mail: scott.a.newsham@uscg.mil

Regulations.gov Friday, January 20, 2012 Unified Agenda

90
Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB78

 View Related Documents

Title: Revision of Crane Regulation Standards for Mobile Offshore Drilling Units, Offshore Supply Vessels, and Floating Outer

Continental Shelf Facilities

Abstract: This rule would propose to revise the current regulations to reflect current crane inspection and design standards,

and to transfer the approval of crane designs and inspections to competent third-party inspectors. This rule would support the

Coast Guard's strategic goals of maritime safety and mobility, and protection of natural resources.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 46 CFR 107; 46 CFR 108; 46 CFR 109 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 43 USC 1333; 46 USC 3103; 46 USC 3306; 46 USC 3307; 46 USC 3316

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business; Organizations Federalism: No

Energy Affected: No

Agency Contact: Ken Smith

Project Manager

Department of Homeland Security

U.S. Coast Guard

2100 Second Street SW., STOP 7126

Washington , DC 20593-7126 

Phone: 202 372-1413 

E-Mail: ken.a.smith@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AA16

 View Related Documents

Title: Implementation of the 1995 Amendments to the International Convention on Standards of Training, Certification, and

Watchkeeping (STCW) for Seafarers, 1978

Abstract: The International Maritime Organization (IMO) comprehensively amended the International Convention on Standards

of Training, Certification, and Watchkeeping (STCW) for Seafarers, 1978, in 1995 and 2010. The 1995 amendments came into

force on February 1, 1997. This project implements those amendments by revising current rules to ensure that the United States

complies with their requirements on: The training of merchant mariners, the documenting of their qualifications, and watchstanding and other arrangements aboard seagoing merchant ships of the United States. In addition, the Coast Guard has

identified the need for additional changes to the interim rule issued in 1997. This project supports the Coast Guard's broad role

and responsibility of maritime safety. It also supports the roles and responsibilities of the Coast Guard of reducing deaths and

injuries of crew members on domestic merchant vessels and eliminating substandard vessels from the navigable waters of the

United States. The Coast Guard published an NPRM on November 17, 2009, and Supplemental NPRM (SNPRM) on March 23,

2010. At a June 2010 diplomatic conference, the IMO adopted additional amendments to the STCW convention which change

the minimum training requirements for seafarers. In response to feedback and to the adoption of those amendments, the Coast

Guard developed a second Supplemental NPRM to incorporate the 2010 Amendments into the 1990 interim rule.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 46 CFR 10; 46 CFR 11; 46 CFR 12; 46 CFR 15 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 46 USC 2103; 46 USC chs. 71 and 73; DHS Delegation No. 0170.1

Legal Deadline: None

Regulations.gov Friday, January 20, 2012 Unified Agenda

91
Regulatory Plan:

Statement of Need: The Coast Guard proposed to amend its regulations to implement changes to its interim rule published on

June 26, 1997. These proposed amendments go beyond changes found in the interim rule and seek to more fully incorporate

the requirements of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978,

as amended (STCW), in the requirements for the credentialing of United States merchant mariners. The new changes are

primarily substantive and: (1) Are necessary to continue to give full and complete effect to the STCW Convention; (2)

Incorporate lessons learned from implementation of the STCW through the interim rule and through policy letters and NVICs;

and (3) Attempt to clarify regulations that have generated confusion.

Legal Basis: The authority for the Coast Guard to prescribe, change, revise, or amend these regulations is provided under 46

U.S.C. 2103 and 46 U.S.C. chapters 71 and 73; and Department of Homeland Security Delegation No. 0170.1.

Alternatives: For each proposed change, the Coast Guard has considered various alternatives. We considered using policy

statements, but they are not enforceable. We also considered taking no action, but this does not support the Coast Guard's

fundamental safety and security mission. Additionally, we considered comments made during our 1997 rulemaking to formulate

our alternatives. When we analyzed issues, such as license progression and tonnage equivalency, the alternatives chosen were

those that most closely met the requirements of STCW.

Costs and Benefits: In the SNPRM, we estimated the annualized cost of this rule over a 10-year period to be $32.8 million

per year at a 7 percent discount rate. We estimate the total 10-year cost of this rulemaking to be $230.7 million at a 7 percent

discount rate and $274.3 million at a 3 percent discount rate. The changes in anticipated costs since the publication of 2009

NPRM are due to the 2010 amendments to the STCW Convention: Medical examinations and endorsements, leadership and

management skills, engine room management training, tankerman endorsements, safety refresher training and able seafarer

deck and engine certification requirements. However, there would be potential savings from the costs of training requirements

as the Coast Guard would accept various methods for demonstrating competence, including the on-the-job training and

preservation of the "hawsepipe" programs. We anticipate the primary benefit of this rulemaking is to ensure that the U.S. meets

its obligations under the STCW Convention. Another benefit is an increase in vessel safety and a resulting decrease in the risk

of shipping casualties.

Risks: No risks.

Timetable:

Action Date FR Cite

Notice of Meeting 08/02/1995 60 FR 39306 

Supplemental NPRM Comment Period End 09/29/1995 

Notice of Inquiry 11/13/1995 60 FR 56970 

Comment Period End 01/12/1996 

NPRM 03/26/1996 61 FR 13284 

Notice of Public Meetings 04/08/1996 61 FR 15438 

NPRM Comment Period End 07/24/1996 

Notice of Intent 02/04/1997 62 FR 5197 

Interim Final Rule 06/26/1997 62 FR 34505 

Interim Final Rule Effective 07/28/1997 

NPRM 11/17/2009 74 FR 59353 

NPRM Comment Period End 02/16/2010 

Supplemental NPRM 03/23/2010 75 FR 13715 

Public Meeting Notice 08/02/2011 76 FR 46217 

Supplemental NPRM 08/01/2011 76 FR 45908 

Comment Period End 09/30/2011 

Final Action 01/00/2012 

Additional Information: The docket number for this rulemaking is USCG-2004-17914. The docket is located at

www.regulations.gov. The old docket number is CGD 95-062. Include Retrospective Review under E.O. 13563.

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: Mark Gould

Project Manager, CG-5221

Department of Homeland Security

U.S. Coast Guard

Regulations.gov Friday, January 20, 2012 Unified Agenda

92
2100 Second Street SW., STOP 7126

Washington , DC 20593-7126 

Phone: 202 372-1409 

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AA32

 View Related Documents

Title: Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters

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.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule

Major: Yes Unfunded Mandates: Private Sector

CFR Citation: 33 CFR 151 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 4711

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 03/04/2002 67 FR 9632 

ANPRM Comment Period End 06/03/2002 

NPRM 08/28/2009 74 FR 44632 

Public Meeting 09/14/2009 74 FR 46964 

Public Meeting 09/28/2009 74 FR 49355 

Public Meeting 09/22/2009 74 FR 48190 

Notice--Extension of Comment Period 10/15/2009 74 FR 52941 

Public Meeting Correction 10/26/2009 74 FR 54944 

Public Meeting 10/22/2009 74 FR 54533 

NPRM Comment Period End 12/04/2009 74 FR 52941 

Final Rule 01/00/2012 

Additional Information: The Regulations.gov docket number for this rulemaking is USCG-2001-10486.

Regulatory Flexibility Analysis Required: Business Government Levels Affected: State

Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

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

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AA81

 View Related Documents

Title: Validation of Merchant Mariners' Vital Information and Issuance of Coast Guard Merchant Mariner's Documents (MMDs)

Abstract: This rulemaking finalizes one section of the January 6, 2004, interim rule that has not been addressed by

subsequent related rulemakings. The section to be finalized is 46 CFR 12.01-1(a)(1): Purpose of rules in this part, which states

Regulations.gov Friday, January 20, 2012 Unified Agenda

93
the rules are to provide a "comprehensive and adequate means of determining and verifying the identity, citizenship, nationality,

and professional qualifications an applicant must possess to be eligible for certification to serve on merchant vessels of the

United States."

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 46 CFR 12 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 46 USC 21; 46 USC 73; 46 USC 75; 46 USC 77

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Meeting 02/20/2003 68 FR 8326 

Notice of Policy 04/08/2003 68 FR 17064 

Interim Final Rule 01/06/2004 69 FR 526 

Correction to Interim Final Rule 02/11/2004 69 FR 6575 

Interim Final Rule Comment Period End 04/05/2004 

Notice of Intent 06/16/2011 76 FR 35173 

Comment Period End 08/15/2011 

Final Rule 02/00/2012 

Additional Information: The docket number for this rulemaking is USCG-2003-14500. The docket can be found at

www.regulations.gov.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Related RINs: Related to 1625-AA85; Related to 1625-

AA41; Related to 1625-AB02 Related Agencies: Common: TSA

Agency Contact: Gerald P. Miante 

Program Manager, CG-5221

Department of Homeland Security

U.S. Coast Guard

2100 Second Street SW., STOP 7126

Washington , DC 20593-7126 

Phone: 202 372-1407 

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AA85

 View Related Documents

Title: Validation of Merchant Mariners' Vital Information and Issuance of Coast Guard Merchant Mariner's Licenses and

Certificates of Registry

Abstract: This rulemaking finalizes one section of the January 13, 2006, interim rule that has not been addressed by

subsequent related rulemaking. The section to be finalized is 46 CFR 10.107(b): Definitions in subchapter B, specifically the

definition of "Dangerous drug," which is defined as "a narcotic drug, a controlled substance, or a controlled-substance analogue

(as defined in section 102 of the Comprehensive Drug Abuse and Control Act of 1970 (21 U.S.C. 802))." This definition was

originally published in the January 13, 2006, interim rule as 46 CFR 10.103.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 46 CFR 10 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 46 USC 2103; DHS Delegation No. 0170.1, para (92)

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 01/13/2006 

Regulations.gov Friday, January 20, 2012 Unified Agenda

94
Interim Final Rule 01/13/2006 71 FR 2154 

Interim Final Rule Comment Period End 04/13/2006 

Notice of Intent 06/16/2011 76 FR 35169 

Comment Period End 08/15/2011 

Final Rule 02/00/2012 

Additional Information: The docket number for this rulemaking is USCG-2004-17455. The docket can be found at

www.regulations.gov.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Related RINs: Related to 1625-AA81; Related to 1625-AB02 Related Agencies: Common: TSA

Agency Contact: Gerald P. Miante 

Program Manager, CG-5221

Department of Homeland Security

U.S. Coast Guard

2100 Second Street SW., STOP 7126

Washington , DC 20593-7126 

Phone: 202 372-1407 

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AA99

 View Related Documents

Title: Vessel Requirements for Notices of Arrival and Departure, and Automatic Identification System

Abstract: This rulemaking would expand the applicability for Notice of Arrival and Departure (NOAD) and Automatic

Identification System (AIS) requirements. These expanded requirements would better enable the Coast Guard to correlate

vessel AIS data with NOAD data, enhance our ability to identify and track vessels, detect anomalies, improve navigation safety,

and heighten our overall maritime domain awareness. The NOAD portion of this rulemaking could expand the applicability of the

NOAD regulations by changing the minimum size of vessels covered below the current 300 gross tons, require a notice of

departure when a vessel is departing for a foreign port or place, and mandate electronic submission of NOAD notices to the

National Vessel Movement Center. The AIS portion of this rulemaking would expand current AIS carriage requirements for the

population identified in the Safety of Life at Sea (SOLAS) Convention and the Marine Transportation Marine Transportation

Security Act (MTSA) of 2002.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 62; 33 CFR 66; 33 CFR 160; 33 CFR 161; 33 CFR 164; 33 CFR 165 (To search for a specific CFR,

visit the Code of Federal Regulations ) 

Legal Authority: 33 USC 1223; 33 USC 1225; 33 USC 1231; 46 USC 3716; 46 USC 8502 and ch 701; sec 102 of PL 107-

295; EO 1223

Legal Deadline: None

Regulatory Plan:

Statement of Need: There is no central mechanism in place to capture vessel, crew, passenger, or specific cargo information

on vessels less than or equal to 300 gross tons (GT) intending to arrive at or depart from U.S. ports unless they are arriving with

certain dangerous cargo (CDC) or at a port in the 7th Coast Guard District; nor is there a requirement for vessels to submit

notification of departure information. The lack of NOAD information of this large and diverse population of vessels represents a

substantial gap in our maritime domain awareness (MDA). We can minimize this gap and enhance MDA by expanding NOAD

applicability to vessels greater than 300 GT, all foreign commercial vessels and all U.S. commercial vessels coming from a

foreign port, and further enhance (and corroborate) MDA by tracking those vessels (and others) with AIS. This information is

necessary in order to expand our MDA and provide Nation maritime safety and security.

Legal Basis: This rulemaking is based on congressional authority provided in the Ports and Waterways Safety Act and the

Maritime Transportation Security Act of 2002.

Alternatives: Our goal is to extend our MDA and to identify anomalies by correlating vessel NOAD data with AIS data. NOAD

and AIS information from a greater number of vessels, as proposed in this rulemaking, would expand our MDA. We considered

Regulations.gov Friday, January 20, 2012 Unified Agenda

95
expanding NOAD and AIS to even more vessels, but we determined we needed additional legislative authority to expand AIS

beyond what we propose in this rulemaking; and that it was best to combine additional NOAD expansion with future AIS

expansion. Although not in conjunction with a proposed rule, the Coast Guard sought comment regarding expansion of AIS

carriage to other waters and other vessels not subject to the current requirements (68 FR 39369, Jul. 1, 2003; USCG 2003-

14878; see also 68 FR 39355). Those comments were reviewed and considered in drafting this rule and are available in this

docket. To fulfill our agency obligations, the Coast Guard needs to receive AIS reports and NOADs from vessels identified in

this rulemaking that currently are not required to provide this information. Policy or other non-binding statements by the Coast

Guard addressed to the owners of these vessels would not produce the information required to sufficiently enhance our MDA to

produce the information required to fulfill our Agency obligations.

Costs and Benefits: This rulemaking will enhance the Coast Guard's regulatory program by making it more effective in

achieving the regulatory objectives, which, in this case, is improved MDA. We provide flexibility in the type of AIS system that

can be used, allowing for reduced cost burden. This rule is also streamlined to correspond with Customs and Border

Protection's APIS requirements, thereby reducing unjustified burdens. We are further developing estimates of cost and benefit

that were published in 2008. In the 2008 NPRM, we estimated that both segments of the proposed rule would affect

approximately 42,607 vessels. The total number of domestic vessels affected is approximately 17,323 and the total number of

foreign vessels affected is approximately 25,284. We estimated that the 10-year total present discounted value or cost of the

proposed rule to U.S. vessel owners is between $132.2 and $163.7 million (7 and 3 percent discount rates, respectively, 2006

dollars) over the period of analysis. The Coast Guard believes that this rule, through a combination of NOAD and AIS, would

strengthen and enhance maritime security. The combination of NOAD and AIS would create a synergistic effect between the

two requirements. Ancillary or secondary benefits exist in the form of avoided injuries, fatalities, and barrels of oil not spilled into

the marine environment. In the 2008 NPRM, we estimated that the total discounted benefit (injuries and fatalities) derived from

68 marine casualty cases analyzed over an 8-year data period from 1996 to 2003 for the AIS portion of the proposed rule is

between $24.7 and $30.6 million using $6.3 million for the value of statistical life (VSL) at seven and three percent discount

rates, respectively. Just based on barrels of oil not spilled, we expect the AIS portion of the proposed rule to prevent 22 barrels

of oil from being spilled annually.

Risks: Considering the economic utility of U.S. ports, waterways, and coastal approaches, it is clear that a terrorist incident

against our U.S. Maritime Transportation System (MTS) would have a direct impact on U.S. users and consumers and could

potentially have a disastrous impact on global shipping, international trade, and the world economy. By improving the ability of

the Coast Guard both to identify potential terrorists coming to the United States while the terrorists are far from our shores and

to coordinate appropriate responses and intercepts before the vessel reaches a U.S. port, this rulemaking would contribute

significantly to the expansion of MDA, and consequently is instrumental in addressing the threat posed by terrorist actions

against the MTS.

Timetable:

Action Date FR Cite

NPRM 12/16/2008 73 FR 76295 

Notice of Public Meeting 01/21/2009 74 FR 3534 

Notice of Second Public Meeting 03/02/2009 74 FR 9071 

Notice of Second Public Meeting Comment Period End 04/15/2009 

NPRM Comment Period End 04/15/2009 

Final Rule 03/00/2012 

Additional Information: We have indicated in past notices and rulemaking documents, and it remains the case that we have

worked to coordinate implementation of AIS MTSA requirements with the development of our ability to take advantage of AIS

data (68 FR 39355 and 39370, Jul. 1, 2003). The docket number for this rulemaking is USCG-2005-21869. The docket can be

found at www.regulations.gov.

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Related RINs: Related to 1625-AA93; Related to 1625-AB28

Agency Contact: LT Sharmine Jones 

Program Manager, Office of Vessel Activities, Foreign and Offshore Vessel Activities Div. (CG-5432)

Department of Homeland Security

U.S. Coast Guard

2100 2nd Street SW., STOP 7581

Washington , DC 20593-7581 

Phone: 202 372-1234 

E-Mail: sharmine.n.jones@uscg.mil

Agency Contact: Jorge Arroyo

Project Manager, Office of Navigation Systems CG-5531

Regulations.gov Friday, January 20, 2012 Unified Agenda

96
Department of Homeland Security

U.S. Coast Guard

2100 2nd Street SW., STOP 7683

Washington , DC 20593-7683 

Phone: 202 372-1563 

E-Mail: jorge.arroyo@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB27

 View Related Documents

Title: Nontank Vessel Response Plans and Other Vessel Response Plan Requirements

Abstract: This rulemaking would establish regulations requiring owners or operators of nontank vessels to prepare and submit

oil spill response plans. The Federal Water Pollution Control Act defines nontank vessels as self-propelled vessels of 400 gross

tons or greater that operate on the navigable waters of the United States, carry oil of any kind as fuel for main propulsion, and

are not tank vessels. The NPRM proposed to specify the content of a response plan, and among other issues, address the

requirement to plan for responding to a worst case discharge and a substantial threat of such a discharge. Additionally, the

NPRM proposed to update International Shipboard Oil Pollution Emergency Plan (SOPEP) requirements that apply to certain

nontank vessels and tank vessels. Finally, the NPRM proposed to require vessel owners and operators to submit their vessel

response plan control number as part of the notice of arrival information. This project supports the Coast Guard's broad roles

and responsibilities of maritime stewardship.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: Undetermined

CFR Citation: 33 CFR 151; 33 CFR 155; 33 CFR 160 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 3 USC 301 to 303; 33 USC 1223; 33 USC 1231; 33 USC 3121; 33 USC 1903; 33 USC 1908; 46 USC 6101

Legal Deadline: 

Action Source Description Date

Other Statutory Coast Guard Authorization Act of 2010 04/15/2012 

Regulatory Plan:

Statement of Need: This rule implements the statutory requirement for an owner or operator of a self-propelled, nontank

vessel of 400 gross tons or greater, which operates on the navigable waters of the United States, to prepare and submit an oil

spill response plan to the Coast Guard. This rule specifies the content of a vessel response plan (VRP), including the

requirement to plan for responding to a worst-case discharge (WCD) and a substantial threat of such a discharge as mandated

in statute. The rule also specifies the procedures for submitting a VRP to the Coast Guard. This rule will improve our Nation's

pollution response planning and preparedness posture, and help limit the environmental damage resulting from nontank vessel

marine casualties.

Legal Basis: Section 311(j)(5) of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C. 1321(j)(5)), as amended by

section 4202 of the Oil Pollution Act of 1990 (OPA 90) (Pub. L. 101-380, 104 Stat 484); the Coast Guard and Maritime

Transportation Act of 2004 (Pub. L. 108-293, 118 Stat. 102); and the Coast Guard and Maritime Transportation Act of 2006

(Pub. L. 109-241, 120 Stat. 516) sets out the statutory mandate requiring tank and nontank vessel owners or operators to

prepare and submit oil or hazardous substance discharge response plans for certain vessels operating on the navigable waters

of the United States.

Alternatives: In the development of these regulations, the Coast Guard considered four alternatives: Three regulatory

alternatives and one non-regulatory alternative. The alternatives are—(1) Establish regulations for the submission of NTVRPs to

the USCG; (2) amend the tank vessel response plan (TVRP) regulations to incorporate NTVRPs; (3) acceptance of flagapproved SOPEPs; and (4) provide interpretive guidance through a USCG's Navigation and Vessel Inspection Circular (NVIC).

Costs and Benefits: We are developing the cost and benefit estimates associated with this step of the rulemaking. The cost

elements associated with this rule include: (1) Nontank vessel plan development, maintenance, and submission; (2) the service

of an Oil Spill Response Organization (OSRO); (3) the contract with a Qualified Individual (QI) along with a Spill Management

Team; and (4) training and exercises. We expect this proposed rule to provide quantifiable benefits in the form of barrels of oil

not spilled into the water in addition to qualitative benefits, which include improved preparedness and reaction to an incident,

including a worst-case discharge and improved effectiveness of onboard and shore-side response activities. In the 2009

NPRM, we estimated that the rulemaking would affect about 2,951 U.S. flag vessels and 1,228 associated planholders. We

estimated the total 10-year present value cost of the proposed rule to U.S. flag nontank vessel owners and operators to be

about $111.4 million at a 7 percent discount rate and $134.8 million at a 3 percent discount rate. We found the training and

Regulations.gov Friday, January 20, 2012 Unified Agenda

97
exercise requirements to be the most costly element or over 90 percent of the total discounted cost of the proposed rule for

vessel owners. We estimated the total U.S. annualized cost of the proposed rule over the 10-year period of analysis to be

about $15.8 million at both 7 and 3 percent discount rates.

Risks: Response plans are required by statute. A response plan will not prevent a discharge of oil, but it may help minimize

the discharge and resulting damage to the environment. We estimate the proposed rule would prevent between 2,014 and

2,446 barrels of oil from being spilled into the water during the 10-year period of analysis.

Timetable:

Action Date FR Cite

NPRM 08/31/2009 74 FR 44970 

Public Meeting 09/25/2009 74 FR 48891 

NPRM Comment Period End 11/30/2009 

Final Rule 04/00/2012 

Additional Information: The docket number for this rulemaking is USCG-2008-1070. The docket can be found at

www.regulations.gov.

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Related RINs: Related to 1625-AA19; Related to 1625-AA26

Agency Contact: LCDR Kevin B. Ferrie 

Project Manager

Department of Homeland Security

U.S. Coast Guard

2100 2nd Street SW, Stop 7581

Washington , DC 20593-7581 

Phone: 202 372-1000 

E-Mail: kevin.b.ferrie@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB44

 View Related Documents

Title: Carbon Dioxide Fire Suppression Systems on Commercial Vessels

Abstract: The Coast Guard proposes to amend the current regulations for carbon dioxide fire suppression systems on

commercial vessels. This proposed rule concerns the use of carbon dioxide (CO2) flooding systems to suppress fires on

commercial vessels. Once, carbon dioxide systems were the only fire suppression systems that were suitable for certain

manned spaces, but the potential lethality of carbon dioxide has always been a concern. In recent years, alternative systems

have been developed that are comparable to carbon dioxide fire suppression, but are much safer in the event of an accidental

discharge, or a discharge that takes place prematurely, before workers can evacuate the protected space. We would amend

existing regulations to clarify that approved alternatives to carbon dioxide systems may be used, add new regulations to set

general parameters for those approved alternatives, and add a new requirement for lockout valves in manned spaces using

carbon dioxide systems.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 46 CFR 13; 46 CFR 25; 46 CFR 27; 46 CFR 34; 46 CFR 76; 46 CFR 95; 46 CFR 108; 46 CFR 118 (To search

for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 33 USC 1903(b); 43 USC 1333; 46 USC 2103; 46 USC 3306; 46 USC 3703; 46 USC 4102; 46 USC 4302;

46 USC 4502; 46 USC 6101; EO 12234; 45 FR 58801; 3 CFR, 1980 Comp p 277; DHS Delegation No 0170.1

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/24/2010 75 FR 8432 

NPRM Comment Period End 05/25/2010 

Final Rule 01/00/2012 

Regulations.gov Friday, January 20, 2012 Unified Agenda

98
Additional Information: The docket number for this rulemaking is USCG-2006-24797. The docket can be found at

www.regulations.gov.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Related RINs: Previously Reported as 1625-AB04

Agency Contact: LCDR Suzanne Hemann 

Project Manager, Office of Design and Engineering Standards, CG-5214

Department of Homeland Security

U.S. Coast Guard

Commandant (CG-5214) 2100 Second Street SW., STOP 7126

Washington , DC 20593-7126 

Phone: 202 372-1356 

E-Mail: suzanne.e.hemann@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB45

 View Related Documents

Title: Changes to Standard Numbering System, Vessel Identification System, and Boating Accident Report Database

Abstract: The Coast Guard proposed to amend its regulations related to numbering of undocumented vessels and reporting of

casualties. These changes would align and modernize terminology used in the Standard Numbering System (SNS), the Vessel

Identification System (VIS), and casualty reporting. The proposal would also require validation of vessel hull identification

numbers, require SNS vessel owners to provide personally identifiable information, and provide administrative flexibility for

States. Together, the proposed changes would improve recreational boating safety efforts, enhance law enforcement

capabilities, advance maritime security, and clarify requirements for all stakeholders.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 173 and 174; 33 CFR 181 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 31 USC 9701; 46 USC 2110; 46 USC 4302; 46 USC 4310; 46 USC 6101 and 6102; 46 USC 12301 and

12302; 46 USC 12502; PL 100-710; DHS Security Delegation No 0170.1

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/07/2010 75 FR 25137 

NPRM Comment Period End 08/05/2010 

Reopening of Public Comment Period 08/16/2010 75 FR 49869 

Reopening of Public Comment Period End 10/15/2010 

Final Rule 03/00/2012 

Additional Information: The docket number for this rulemaking is USCG-2003-14963. The docket can be found at

www.regulations.gov.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Related RINs: Previously Reported as 1625-AA70

Agency Contact: Jeff Ludwig

Project Manager, CG-54221

Department of Homeland Security

U.S. Coast Guard

2100 Second Street SW., STOP 7581

Washington , DC 20593-7581 

Regulations.gov Friday, January 20, 2012 Unified Agenda

99
Phone: 202 372-1061 

E-Mail: jeffrey.a.ludwig@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB46

 View Related Documents

Title: Lifesaving Equipment, Production Testing, and Harmonization With International Standards

Abstract: The Coast Guard is amending its regulations for certain lifesaving equipment, including launching appliances

(winches and davits), release mechanisms, survival craft (lifeboats, inflatable life rafts, and inflatable buoyant apparatuses),

rescue boats, and automatic disengaging devices. The rule harmonizes the Coast Guard's design, construction, and

performance standards for this lifesaving equipment with international standards. In addition, the rule provides for the use of

qualified independent laboratories, instead of Coast Guard inspectors, during the approval process and for production

inspections of certain types of lifesaving equipment. The Coast Guard also proposed to amend the interim rule for inflatable life

rafts and inflatable buoyant apparatuses to harmonize Coast Guard regulations with recently adopting international standards

affecting assumed occupant weight.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 46 CFR 160 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 46 USC 2103 and 2104; 46 USC 3301; 46 USC 3305 and 3306; 46 USC 3703; 46 USC 4102; 46 USC 4302;

46 USC 4502; DHS Delegation 0170.1, paragraph 92

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/31/2010 75 FR 53458 

NPRM Comment Period End 11/29/2010 

SNPRM 10/11/2011 76 FR 62714 

Interim Final Rule 10/11/2011 76 FR 62962 

Interim Final Rule Effective 11/10/2011 

SNPRM Comment Period End 11/25/2011 

Interim Final Rule 03/00/2012 

Additional Information: The docket number for this rulemaking is USCG-2010-0048 [Formerly USCG-2007-27669]. The docket

can be found at www.regulations.gov.

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

RIN Information URL: http://www.regulations.gov Public Comment URL: http://www.regulations.gov

Related RINs: Previously Reported as 1625-AB15

Agency Contact: Mr. George Grills 

Project Manager (CG-5214)

Department of Homeland Security

U.S. Coast Guard

2100 Second Street SW., Mail STOP 7126

Washington , DC 20593-7126 

Phone: 202 372-1385 

E-Mail: george.g.grills@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB62

 View Related Documents

Title: Offshore Supply Vessels of At Least 6000 GT ITC

Abstract: The Coast Guard Authorization Act of 2010 removed the size limit on offshore supply vessels (OSVs). The Act also

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100
directed the Coast Guard to issue, as soon as is practicable, a regulation to implement section 617 of the Act and to ensure the

safe carriage of oil, hazardous substances, and individuals in addition to the crew on vessels of at least 6,000 gross tonnage as

measured under the International Convention on Tonnage Measurement of Ships (6,000 GT ITC). Accordingly, the Coast

Guard's rule will address design, manning, carriage of personnel, and related topics for OSVs of at least 6,000 GT ITC. This

rulemaking will meet the requirements of the Act and will support the Coast Guard's mission of marine safety, security, and

stewardship.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 111-281, sec 617

Legal Deadline: 

Action Source Description Date

Other Statutory Coast Guard Authorization Act of 2010 01/01/2012 

Regulatory Plan:

Statement of Need: In section 617 of Public Law 111-281, Congress removed OSV tonnage limits and instructed the Coast

Guard to promulgate regulations to implement the amendments and authorities of section 617. Additionally, Congress directed

the Coast Guard to ensure the safe carriage of oil, hazardous substances, and individuals in addition to the crew on OSVs of at

least 6,000 GT ITC.

Legal Basis: The statutory authority to promulgate these regulations is found in section 617(f) of Public Law 111-281.

Alternatives: The Coast Guard Authorization Act removed OSV tonnage limits and the Coast Guard will examine alternatives

during the development of the regulatory analysis.

Costs and Benefits: The Coast Guard is currently developing a regulatory impact analysis of regulations that ensure the safe

carriage of oil, hazardous substances, and individuals in addition to the crew on OSVs of at least 6,000 GT ITC. A potential

benefit of this rulemaking is the ability of industry to expand and take advantage of new commercial opportunities in the building

of larger OSVs.

Risks: No risks.

Timetable:

Action Date FR Cite

Interim Final Rule 01/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: Thomas L. Neyhart 

Program Manager

Department of Homeland Security

U.S. Coast Guard

2100 2nd Street SW., STOP 7126

Washington , DC 20593-7126 

Phone: 202 372-1360 

E-Mail: thomas.l.neyhart@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB70

 View Related Documents

Title: Great Lakes Pilotage Rates--2012 Annual Review and Adjustment

Abstract: The Coast Guard proposes adjustments to the 2012 rates for pilotage services on the Great Lakes, which were last

amended in February 2011. The proposed adjustments would establish new base rates and are made in accordance with a

required full ratemaking procedure. This rulemaking promotes the Coast Guard's strategic goal of maritime safety.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

101
CFR Citation: 46 CFR 401 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 46 USC 9303(f)

Legal Deadline: 

Action Source Description Date

Other Statutory Overall description of the Deadline appears in 46 U.S.C. 9303(F) 03/01/2012 

Timetable:

Action Date FR Cite

NPRM 08/04/2011 76 FR 47095 

NPRM Comment Period End 10/03/2011 

Final Rule 02/00/2012 

Additional Information: The docket number for this rulemaking is USCG-2011-0328. The docket can be found at

http://www.regulations.gov

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Public Comment URL: http://www.regulations.gov

Agency Contact: Paul Wasserman

Director, Great Lakes Pilotage (CG-5522)

Department of Homeland Security

U.S. Coast Guard

2100 Second Street SW., STOP 7581

Washington , DC 20593-7581 

Phone: 202 372-1535 

E-Mail: paul.m.wasserman@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB71

 View Related Documents

Title: Exemption of Certain Seagoing Barges From Inspection

Abstract: The Coast Guard would revise 46 CFR 90.05-25, 46 CFR 91.01-10, and the vessel inspection tables in 46 CFR

2.01-7, 46 CFR 24.01-5, 46 CFR 30.01-5, 46 CFR 70.05-1 46 CFR 90.05-1, and 46 CFR 188.05-1 addressing the inspection

and certification of seagoing barges to align with the Coast Guard Authorization Act of 1993 (46 U.S.C. 3302), which explicitly

exempts certain seagoing barges from inspection. This rule also aligns the statutory definition of seagoing barges for certification

purposes with 46 U.S.C. 2101(32).

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 46 CFR 90.05-25; 46 CFR 91.01-10; 46 CFR 2.01-7; 46 CFR 24.01-5; 46 CFR 30.01-5; 46 CFR 70.05-1; 46

CFR 90.05-1; 46 CFR 188.05-1 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 46 USC 3302; 46 USC 2101(32)

Legal Deadline: None

Timetable:

Action Date FR Cite

Direct Final Rule 12/14/2011 76 FR 77712 

Direct Final Rule Comment Period End 02/13/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: LT Douglas Tindall 

Program Manager (CG-5222)

Regulations.gov Friday, January 20, 2012 Unified Agenda

102
Department of Homeland Security

U.S. Coast Guard

2100 Second Street SW., STOP 7126

Washington , DC 20593-7126 

Phone: 202 372-1411 

E-Mail: douglas.tindall@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB80

 View Related Documents

Title: Revision to Transportation Worker Identification Credential (TWIC) Requirements for Mariners

Abstract: This Policy Letter describes both short-term and long-term steps that the Coast Guard is taking to implement the

requirements of section 809 of Coast Guard Authorization Act of 2010, Public Law 111-281. Section 809 excludes certain

mariners from the statutory requirement to obtain and hold a Transportation Worker Identification Credential (TWIC) in order to

receive a Merchant Mariner Credential (MMC). In the short-term, while working to promulgate implementing regulations, the

Coast Guard is relaxing its enforcement posture for mariners without a valid TWIC who operate on board vessels that do not

have a security plan. The Coast Guard is also altering its policies to allow these mariners to obtain a MMC without holding a

valid TWIC. Specifically, mariners already hold or held a TWIC, and who no longer require a TWIC, may skip the TWIC

enrollment process and apply for a renewal MMC directly with a Regional Examination Center (REC), in accordance with title 46

CFR, section 10.209. However, mariners that are being issued an initial MMC, or who never held a TWIC, will need to enroll for

a TWIC at a TWIC enrollment center. They will also have to pay all applicable fees associated with getting a TWIC. This is

required because the TWIC enrollment center is the only place where the Coast Guard can obtain biometric information

(fingerprints) from the applicant. In the long-term, as part of a rulemaking to promulgate implementing regulations, the Coast

Guard is considering waiving a portion of the fees for a MMC in order to compensate the mariner for the cost of enrolling for a

TWIC. However, it is emphasized that such action is contingent on the promulgation of a regulation to adjust the fee structure.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 46 CFR 10; 46 CFR 11; 46 CFR 12; 46 CFR 15 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: sec 809 of the Coast Guard Authorization Act of 2010, PL 111-281, codified at 46 USC 70105(b)(2); 46 USC

2110(g)

Legal Deadline: None

Regulatory Plan:

Statement of Need: The Coast Guard is revising its merchant mariner credentialing regulations to implement changes made

by section 809 of the Coast Guard Authorization Act of 2010, codified at 46 U.S.C. 70105(b)(2), which reduces the population

of mariners who are required to obtain and hold a valid Transportation Worker Identification Credential (TWIC). Prior to section

809, 46 U.S.C. 70105(b)(2) required each mariner required to hold an MMC issued by the Coast Guard to also obtain and hold

a valid TWIC issued by the Transportation Security Administration (TSA). Section 809 removes this requirement, and now a

TWIC is statutorily required if the mariner is "allowed unescorted access to a secure area designated in a vessel security plan

approved under section 70103 of title 46 [U.S.C.]" The Coast Guard is revising the applicability of the TWIC requirements in

Coast Guard merchant mariner credentialing regulations as well as revising some of its merchant mariner credentialing

processes contained in Coast Guard regulations. Current Coast Guard regulations in 46 CFR parts 10, 11, 12, and 15 contain

the processes for issuing an MMC that are intertwined with TSA processes for issuing a TWIC. The Coast Guard utilizes the

TWIC enrollment process to capture information necessary to issue an MMC. Although the Coast Guard is changing some of its

processes for obtaining an MMC, some mariners no longer required to hold a TWIC may still have to complete the TWIC

enrollment process in order to provide information necessary to obtain an MMC. For any such mariner that must still go through

the TWIC enrollment process, including paying the full TWIC enrollment fee, the Coast Guard is revising its regulations to

exempt these mariners from paying a portion of the MMC fees in order to offset the TWIC fee and to minimize the burden on

those mariners of paying for a TWIC when the mariner is no longer statutorily required to hold one.

Legal Basis: The Coast Guard's statutory authority to promulgate regulations addressing TWIC requirements for mariners is

found in 46 U.S.C. 70105(a) and (b). The Coast Guard's statutory authority to promulgate regulations addressing fee

exemptions is found in 46 U.S.C. 2110(g).

Alternatives: This rulemaking implements section 809 of the 2010 Coast Guard Authorization Act. The Coast Guard is

currently evaluating the alternatives as we complete the Regulatory Impact Analysis.

Costs and Benefits: This rulemaking would provide certain mariner populations a fee exemption when applying or renewing

Regulations.gov Friday, January 20, 2012 Unified Agenda

103
an MMC. These mariner populations would also benefit from cost savings associated with reduced travels to TWIC enrollment

centers.

Risks: No risks.

Timetable:

Action Date FR Cite

Interim Final Rule 04/00/2012 

Additional Information: DHS has included this rule in its Final Plan for the Retrospective Review of Existing Regulations,

which DHS issued on August 22, 2011.

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Davis Breyer

Project Manager

Department of Homeland Security

U.S. Coast Guard

CG-5221 2100 2nd Street SW

Washington , DC 20593 

Phone: 202 372-1445 

E-Mail: davis.j.breyer@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB82

 View Related Documents

Title: Alternate Tonnage Threshold For Oil Spill Response Vessels

Abstract: The Coast Guard seeks to establish an alternate maximum tonnage threshold, for oil spill response vessels (OSRVs)

that are also certificated as offshore supply vessels (OSVs). Establishing alternate tonnage thresholds provides a mechanism for

the Coast Guard to regulate vessels under tonnages assigned using the system of the 1969 International Tonnage

Measurement (TM) Convention at the option of a vessel's owner. This would help owners avoid the fitting of undesirable vessel

design features whose sole purpose is to artificially reduce tonnage assigned under the U.S. domestic measurement system.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 46 CFR 126 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Title 46 USC secs 3702(f)(2)(A) and 14104(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 12/12/2011 76 FR 77128 

Interim Final Rule Comment Period End 02/10/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Brian T. Ellis Mr.Department of Homeland Security

U.S. Coast Guard

Marine Safety Center, Tonnage Division

Washington , DC 20593 

Phone: 202 475-5636 

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AA00

Regulations.gov Friday, January 20, 2012 Unified Agenda

104
 View Related Documents

Title: Safety Zone Regulations

Abstract: The Coast Guard uses these routine and frequent regulations to establish control of access to maritime areas to

ensure the safety of events, vessels, or individuals. Many of these zones are of short duration, ranging from a few hours to a

few days, and all are geographically limited in area. Safety zones, defined in 33 CFR 165.20, are established for events such as

fireworks displays, high-speed races, bridge repairs, dredging, or salvage operations, or the transit of dangerous cargoes such

as explosives or liquefied petroleum gas. Safety zones are promulgated by Captains of the Port or District Commanders. These

routine and frequent rulemakings support the Coast Guard's broad roles and responsibilities of maritime safety and maritime

stewardship. Safety zones under the Outer Continental Shelf Lands Act are also included in these routine and frequent

regulations. A total of 150 events are expected annually.

Priority: Routine and Frequent Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 147; 33 CFR 165 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 14 USC 85; 33 USC 1226; 33 USC 1231; 33 USC 1333; 46 USC 701; 46 USC 3306; 46 USC 3703; 50 USC

191; 50 USC 195; 33 CFR 1.05–1; 33 CFR 6.04–1; 33 CFR 6.04–6; 33 CFR 160.5; PL 107–295; ...

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

Additional Information: Routine and frequent rulemakings issued under this RIN will each have an individual docket number.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

RIN Information URL: http://www.regulations.gov Public Comment URL: http://www.regulations.gov

Agency Contact: Mr. George Detweiler 

Commandant (CG-5533), Program Manager

Department of Homeland Security

U.S. Coast Guard

ATTN: Navigation Standards Division 2100 Second Street SW., STOP 7581

Washington , DC 20593-7581 

Phone: 202 372-1566 

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AA01

 View Related Documents

Title: Special Anchorage Areas/Anchorage Grounds Regulations

Abstract: These routine and frequent regulations are established where maritime and commercial interests require them for

safety of navigation. Special anchorage areas are areas in which vessels of not more than 65 feet may anchor without

displaying the required lights or sound signals because they have been found to be unnecessary to maintain marine safety in

this environment. These special anchorage areas are limited geographically, and, depending on the purpose of the designation,

establish both long- and short-term anchorages. Anchorage grounds are limited geographically, delineate the types and size of

vessel that may use the anchorage, and may place time and other restrictions on use of the anchorage. Regulations

designating special anchorage areas and anchorage grounds are promulgated by District Commanders in response to requests

from appropriate officials. These routine and frequent rulemakings support the Coast Guard's broad role and responsibility of

maritime safety. Approximately five actions are expected annually.

Priority: Routine and Frequent Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 110 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 33 USC 471; 33 USC 1221 to 1236; 33 USC 2030; 33 USC 2035; 33 USC 2071

Legal Deadline: None

Timetable:

Regulations.gov Friday, January 20, 2012 Unified Agenda

105
Action Date FR Cite

Next Action Undetermined 

Additional Information: Routine and frequent rulemakings issued under this RIN will have individual docket numbers.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Mr. George Detweiler 

Commandant (CG-5533), Program Manager

Department of Homeland Security

U.S. Coast Guard

ATTN: Navigation Standards Division 2100 Second Street SW., STOP 7581

Washington , DC 20593-7581 

Phone: 202 372-1566 

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AA06

 View Related Documents

Title: State Access to the Oil Spill Liability Trust Fund (USCG-2004-19123)

Abstract: Pursuant to the Oil Pollution Act of 1990 (OPA 90), this action specifies how the Coast Guard will exercise the

authority to obligate the pollution trust fund for oil spill response and clean-up efforts, and to enter into agreements with the

States. The Coast Guard is evaluating the performance of the interim rule. This rulemaking supports the Coast Guard's broad

role and responsibility of maritime stewardship.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 133 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 33 USC 2712

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Rule 11/13/1992 57 FR 53968 

Interim Final Rule Comment Period End 02/11/1993 

Supplemental NPRM 04/00/2013 

Additional Information: This rulemaking was formerly docket number CGD92-014.

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State

Small Entities Affected: No Federalism: No

Energy Affected: No

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

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AA08

 View Related Documents

Regulations.gov Friday, January 20, 2012 Unified Agenda

106
Title: Regatta and Marine Parade Regulations

Abstract: These routine and frequent regulations provide for the safety of participants and spectators during regattas and

marine parades. The regulations specify such controls as separate participant and spectator areas, separation schemes for

watercraft in the area of the event, and temporary restrictions on waterways to accommodate the event. These rules are shortterm in nature (usually a single event of one to three days, for only part of each day), and usually encompass only a portion of a

navigable waterway. These rules are promulgated by District Commanders and Captains of the Port in response to requests

from event sponsors. These rulemakings support the Coast Guard's maritime safety and maritime stewardship missions with

regard to the mobility of commercial and recreational vessel traffic. Approximately 50 actions are expected annually.

Priority: Routine and Frequent Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 100 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 33 USC 1233

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

Additional Information: Routine and frequent rulemakings issued under this RIN will have individual docket numbers. Regatta

and Marine Parade regulations are also referred to as Special Local Regulations.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business; Organizations Federalism: No

Energy Affected: No

RIN Information URL: http://www.regulations.gov Public Comment URL: http://www.regulations.gov

Agency Contact: Mr. George Detweiler 

Commandant (CG-5533), Program Manager

Department of Homeland Security

U.S. Coast Guard

ATTN: Navigation Standards Division 2100 Second Street SW., STOP 7581

Washington , DC 20593-7581 

Phone: 202 372-1566 

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AA09

 View Related Documents

Title: Drawbridge Regulations

Abstract: These routine and frequent regulations establish operating schedules and notice requirements for drawbridges across

navigable waterways. Drawbridge regulations establish the permanent draw operation schedules for bridges and specify what

notice mariners must give to request an opening. Short-term deviations from the permanent schedule may be issued for bridge

repairs or to test the effectiveness of a proposed new opening schedule. Drawbridge regulations are promulgated by District

Commanders usually at the request of the bridge owner or operator, or of local officials or local Coast Guard bridge

administration officials. These routine and frequent rulemakings support the Coast Guard's broad roles and responsibilities of

maritime safety and maritime stewardship in relation to the mobility of commercial and recreational vessel traffic. The total

actions expected is 140 annually.

Priority: Routine and Frequent Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 117 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 33 USC 499

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

Regulations.gov Friday, January 20, 2012 Unified Agenda

107
Additional Information: Routine and frequent rulemakings issued under this RIN will have individual docket numbers.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business; Governmental Jurisdictions Federalism: No

Energy Affected: No

RIN Information URL: http://www.regulations.gov Public Comment URL: http://www.regulations.gov

Agency Contact: Alesia Steinberger

Program Manager, CG-5511

Department of Homeland Security

U.S. Coast Guard

Room 5-0910 2100 Second Street SW., STOP 7683

Washington , DC 20593-7683 

Phone: 202 372-1515 

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AA11

 View Related Documents

Title: Regulated Navigation Areas

Abstract: These routine and frequent regulations establish operating requirements for vessels within specified geographic

areas to ensure safety on the navigable waters where some special or unusual circumstance exists. Regulated navigation areas

are limited areas in which the Coast Guard specifies operational or vessel restrictions, such as vessel entry, movement, or

departure, and vessel size, speed, horsepower, or draft limitations. Regulated navigation areas are promulgated by District

Commanders, usually at the request of Coast Guard marine safety officials or local maritime safety officials. These routine and

frequent rulemakings support the Coast Guard's broad roles and responsibilities of maritime safety, and maritime stewardship. A

total of 5-10 actions are expected annually.

Priority: Routine and Frequent Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 165 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 33 USC 1231; 33 USC 1226; 46 USC 701; 50 USC 191; 50 USC 195

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

Additional Information: Routine and frequent rulemakings issued under this RIN will have individual docket numbers.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Mr. George Detweiler 

Commandant (CG-5533), Program Manager

Department of Homeland Security

U.S. Coast Guard

ATTN: Navigation Standards Division 2100 Second Street SW., STOP 7581

Washington , DC 20593-7581 

Phone: 202 372-1566 

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AA22

 View Related Documents

Title: Improvements to Maritime Safety in Puget Sound-Area Waters

Abstract: This rulemaking would promulgate measures to improve maritime safety in Puget Sound-Area waters including Puget

Regulations.gov Friday, January 20, 2012 Unified Agenda

108
Sound, the Strait of Juan de Fuca, passages around and through the San Juan Islands, and the Olympic Coast National Marine

Sanctuary. Based on a determination by the Secretary of Transportation regarding the status of maritime safety in the Puget

Sound area, the Coast Guard performed a risk analysis to study the feasibility of implementing new safety measures, including

extended tug escort requirements and a dedicated response vessel. Public input will help develop any future proposed rules, if

deemed necessary. This rulemaking supports the Coast Guard Maritime Safety, Security, and Stewardship program's roles and

responsibilities in reducing the amount of oil discharged into the marine environment and the Coast Guard's broad role and

responsibility of maritime stewardship and maritime safety. This is a significant action due to substantial public interest.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR ch I, subchapter P (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 33 USC 1223 and 1224

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

ANPRM 11/24/1998 63 FR 64937 

ANPRM Comment Period End 05/24/1999 

Additional Information: The docket number for this rulemaking is USCG-1998-4501. The docket can be found at

www.regulations.gov.

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Local; State; Tribal

Small Entities Affected: Governmental Jurisdictions Federalism: Undetermined

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: LCDR Bryson Spangler 

Project Manager, CG-521

Department of Homeland Security

U.S. Coast Guard

Room 1304, 2100 Second Street SW., STOP 7126

Washington , DC 20593-7126 

Phone: 202 372-1357 

E-Mail: bryson.t.spangler@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AA59

 View Related Documents

Title: Rules of Practice, Procedure, and Evidence for Administrative Proceedings of the Coast Guard

Abstract: The Coast Guard maintains two separate sets of procedural rules: (1) The administrative adjudication rules against

merchant mariners' licenses, certificates of registry, and documents; and (2) those for the adjudication of class II civil penalties.

The rules establishing policies for bringing an administrative action (suspension or revocation against a mariner's credential) are

contained in part 5 of title 46 of the Code of Federal Regulations (CFR), date from 1948, and are based on criminal procedure.

The rules of procedure for suspension and revocation administrative hearings and for class II civil penalties, contained in part 20

of title 33 of the CFR, date from 1999, and are based on the Model Rules of Administrative Procedure and on other modern

rules for civil procedure. Neither set implements the authority of the Oil Pollution Act of 1990 (OPA 90), which provides for the

temporary suspension of a license, certificate of registry, or document for up to 45 days without a hearing, in certain

circumstances, and a hearing within 30 days of any such suspension. This rulemaking would consolidate all procedural rules for

administrative adjudications for class II civil penalties, and allow the Coast Guard to promulgate regulations implementing the

OPA 90 authority. This project supports the broad role and responsibility of the Coast Guard to promote maritime safety. It

would also align our rules with the Coast Guard and Maritime Transportation Act of 2004.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 20; 46 CFR 5 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Regulations.gov Friday, January 20, 2012 Unified Agenda

109
Legal Authority: 46 USC 7701 and 7702; 33 USC 1321; 42 USC 9609

Legal Deadline: None

Timetable:

Action Date FR Cite

Supplemental NPRM 00/00/0000 

NPRM 04/06/1998 63 FR 16731 

NPRM Comment Period End 05/06/1998 

NPRM Comment Period Reopened 05/20/1998 63 FR 27700 

NPRM Comment Period End 06/19/1998 

Interim Final Rule 05/24/1999 64 FR 28054 

Interim Final Rule Correction 06/28/1999 64 FR 34540 

Interim Final Rule Effective 06/23/1999 

Interim Final Rule Comment Period End 07/23/1999 

Interim Final Rule Comment Period Reopened 10/05/1999 64 FR 53970 

Interim Final Rule Comment Period End 04/03/2000 

Additional Information: This rulemaking revises in part the previous docket of CGD 94-101, which was terminated on

December 20, 1995. The docket number for this rulemaking is USCG 1998-3472. The docket can be found at

www.regulations.gov. See also the rulemaking under 1625-AB54, which deals with discovery procedures in administrative

hearings.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Related RINs: Related to 1625-AB54

Agency Contact: Megan H. Allison

Office of Chief Administrative Law Judge (CG-00J)

Department of Homeland Security

U.S. Coast Guard

2100 Second Street SW., STOP 7000

Washington , DC 20593-0001 

Phone: 202 372-4442 

E-Mail: megan.h.allison@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AA77

 View Related Documents

Title: Commercial Fishing Industry Vessels

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.

Priority: Economically Significant Agenda Stage of Rulemaking: Long-term Action

Major: Undetermined Unfunded Mandates: No

CFR Citation: 46 CFR 28 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 46 USC 4502(a) to 4502(d); 46 USC 4505 and 4506; 46 USC 6104; 46 USC 10603; DHS Delegation No.

0170.1(92)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 00/00/0000 

Regulations.gov Friday, January 20, 2012 Unified Agenda

110
ANPRM 03/31/2008 73 FR 16815 

ANPRM Comment Period End 12/15/2008 

Additional Information: The docket number for this rulemaking is USCG-2003-16158. The docket can be found at

www.regulations.gov.

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

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

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AA87

 View Related Documents

Title: Security Zone Regulations

Abstract: The Coast Guard uses these routine and frequent regulations to establish control of access to maritime areas to

ensure the security of vessels, waterfront facilities, or individuals. Many of these zones are of short duration, a few hours to a

few days, and all are geographically limited in area. Security zones are established for Presidential or Vice Presidential visits,

high-profile events such as the Olympics, controversial events such as transport of spent nuclear fuel, and in response to the

threat of terrorist attacks. Some security zones are implemented only at heightened security levels and only for the duration of

the heightened alert. Security zones are promulgated by Captains of the Port or District Commanders. These routine and

frequent rulemakings support the Coast Guard's broad roles and responsibilities of maritime security, safety, and stewardship.

The total number of actions expected is 100 annually.

Priority: Routine and Frequent Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 165 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 33 USC 1226; 33 USC 1231; 50 USC 191; 33 CFR 6

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

Additional Information: Routine and frequent rulemakings issued under this RIN will each have an individual docket number.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: Wayne Young

Project Manager, CG-5441

Department of Homeland Security

U.S. Coast Guard

2100 Second Street SW., STOP 7581

Washington , DC 20593-7581 

Phone: 202 372-1118 

E-Mail: wayne.young@uscg.mil

Regulations.gov Friday, January 20, 2012 Unified Agenda

111
Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB26

 View Related Documents

Title: Implementation of Vessel Security Officer Training and Certification Requirements--International Convention on

Standards of Training, Certification, and Watchkeeping for Seafarers, 1978

Abstract: The Coast Guard amended its regulations to implement the vessel security officer training and certification

amendments to the International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers, 1978.

These amendments incorporated the training and qualifications requirements for vessel security officer into the requirements for

the credentialing of United States Merchant Mariners.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 104; 46 CFR 10; 46 CFR 15 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 33 USC 1226; 33 USC 1231; 46 USC 701; 50 USC 191; 33 CFR 1.05-1; 33 CFR 6.04-11; 33 CFR 6.14; 33

CFR 6.16; 33 CFR 6.19; DHS Security Delegation No 0170

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 00/00/0000 

Interim Final Rule 05/20/2008 73 FR 29060 

Interim Final Rule Effective 06/19/2008 

Interim Final Rule Comment Period End 07/21/2008 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Related RINs: Related to 1625-AA16

Agency Contact: Mayte Medina

Project Manager

Department of Homeland Security

U.S. Coast Guard

Commandant, (CG-5221) 2100 Second Street SW., STOP 7126

Washington , DC 20593-7126 

Phone: 202 372-1406 

E-Mail: mayte.medina2@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB34

 View Related Documents

Title: Installation and Use of Engine Cut-Off Switches on Recreational Vessels

Abstract: To assist in accomplishing the Coast Guard's marine safety mission, and the National Recreational Boating Safety

program's performance goal of reducing recreational boating casualties, the Coast Guard is seeking data and information to

inform its decision on whether it should propose requiring engine cut-off switches as a standard safety feature on propulsion

machinery and/or starting controls installed on recreational boats less than 26 feet in length and require operators of these

recreational boats to use the switch. This safety measure is intended to help prevent recreational boating casualties caused by

persons being struck by a boat or propeller when the boat operator is separated from the operating controls (e.g., fall overboard

or is ejected).

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 175 and 183 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Regulations.gov Friday, January 20, 2012 Unified Agenda

112
Legal Authority: 46 USC 4306

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

ANPRM 06/08/2011 76 FR 33161 

ANPRM Comment Period End 09/06/2011 

Additional Information: The docket number for this rulemaking is USCG-2009-0206. The docket can be found at

www.regulations.gov.

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: Jeff Ludwig

Project Manager, CG-54221

Department of Homeland Security

U.S. Coast Guard

2100 Second Street SW., STOP 7581

Washington , DC 20593-7581 

Phone: 202 372-1061 

E-Mail: jeffrey.a.ludwig@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB35

 View Related Documents

Title: Approval of Classification Societies

Abstract: This rule would incorporate the provisions of 46 U.S.C. 3316(c) regarding approval of classification societies into 46

CFR part 2. Federal law requires that classification societies conducting certain work in the United States be approved by the

Coast Guard. In this rule, we detail application procedures and performance standards that classification societies must meet in

order to obtain approval by the Coast Guard. Through this rule, we seek to improve marine safety and environmental protection

by assuring the consistency and quality of work conducted by classification societies that review, examine, survey, or certify the

construction, repair, or alteration of a vessel in the United States.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 46 CFR 2 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: sec 622, PL 111-281; 33 USC 1903; 46 USC 1333; 46 USC 2110; 46 USC 3103; 46 USC 3205; 46 USC

3306; 46 USC 3307; 46 USC 3703; 46 USC 701; EO 12234; 45 FR 58801; 3 CFR, 1980 Comp p 277; DHS Delegation No

0170.1

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 00/00/0000 

NPRM 04/23/2010 75 FR 21212 

NPRM Comment Period End 07/22/2010 

NPRM Comment Period Reopened 08/05/2011 76 FR 47531 

NPRM Comment Period Reopened End 09/06/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

RIN Information URL: http://www.regulations.gov Public Comment URL: http://www.regulations.gov

Agency Contact: LT Alfred J. Giordano 

Program Manager

Regulations.gov Friday, January 20, 2012 Unified Agenda

113
Department of Homeland Security

U.S. Coast Guard

Office of Design and Engineering Standards Human Element & Ship Design Div. (CG-5212) 2100 Second Street SW., STOP

7126

Washington , DC 20593-7126 

Phone: 202 372-1362 

E-Mail: alfred.j.giordano@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB36

 View Related Documents

Title: General Bridge Regulation, Amendment

Abstract: This rulemaking would define the terms "Unreasonable Obstruction to Navigation" and "Unused Bridges," and clarify

the use of these terms as applied to the Coast Guard's ability to require the owner to remove a bridge that is no longer used for

land transportation purposes.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 114 and 114.05; 33 CFR 116; 33 CFR 118 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 33 USC 494; 33 USC 502

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2012 

Additional Information: The docket number for this rulemaking is USCG-2008-1188. The docket can be found at

www.regulations.gov.

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

RIN Information URL: http://www.regulations.gov Public Comment URL: http://www.regulations.gov

Agency Contact: J. Christopher Jaufmann Department of Homeland Security

U.S. Coast Guard

ATTN: Project Manager, CG-5411 COMMANDANT, (CG-5411) 2100 Second Street SW., STOP 7683

Washington , DC 20593-7683 

Phone: 202 372-1512 

E-Mail: josef.c.jaufman@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB37

 View Related Documents

Title: Marine Vapor Control Systems

Abstract: The Coast Guard proposes to revise the existing safety regulations for facility and vessel vapor control systems

(VCSs). The proposed changes would make VCS requirements more compatible with new Federal and State environmental

requirements, regulate industry advancements in VCS technology, and codify the standards in the design and operation of a

VCS at a tank barge cleaning facility. These changes would increase the safety of operations by regulating the design,

installation, and use of VCSs, but would not require the installation or use of the systems.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 154 to 156; 46 CFR 35; 46 CFR 39 (To search for a specific CFR, visit the Code of Federal

Regulations.gov Friday, January 20, 2012 Unified Agenda

114
Regulations ) 

Legal Authority: 33 USC 1225; 42 USC 7511b(f)(2); 46 USC 3703

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 00/00/0000 

NPRM 10/21/2010 75 FR 65151 

NPRM Comment Period End 04/21/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Related RINs: Previously Reported as 1625-AB01

Agency Contact: Sara Ju

Project Manager, CG-5223

Department of Homeland Security

U.S. Coast Guard

COMMANDANT (CG-5223) 2100 Second Street SW., STOP 7126

Washington , DC 20593-7126 

Phone: 202 372-1422 

E-Mail: sara.s.ju@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB61

 View Related Documents

Title: Waiver of Citizenship Requirements for Crewmembers on Commercial Fishing Vessels

Abstract: The Coast Guard is adding to its regulations a description of the procedures for requesting and processing waivers

from the citizenship requirements on commercial fishing vessels. Title 46 U.S.C. 8103 provides for relief from the requirement

that not more than 25 percent of the total number of unlicensed seamen on a U.S. documented vessel may be aliens lawfully

admitted to the United States under the Immigration and Nationality Act (INA) of 1952. We believe we can improve our efforts to

inform the commercial fishing industry of this statutorily provided relief by incorporating our application procedure policy into our

regulations.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 46 CFR 28 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 46 USC 4502; 46 USC 4505 and 4506; 46 USC 8103

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 00/00/0000 

NPRM 08/18/2011 76 FR 51317 

NPRM Correction 09/20/2011 76 FR 58226 

NPRM Comment Period End 11/16/2011 

Additional Information: The docket number for this rulemaking is USCG-USCG-2010-0625. The docket can be found at

www.regulations.gov.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Related RINs: Duplicate of 1625-AB50

Agency Contact: David Belliveau

Regulations.gov Friday, January 20, 2012 Unified Agenda

115
Program Manager, CG-5433

Department of Homeland Security

U.S. Coast Guard

2100 Second Street SW., STOP 7581

Washington , DC 20593-7581 

Phone: 202 372-1247 

E-Mail: david.j.belliveau@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB72

 View Related Documents

Title: Vessels in U.S. Navigable Waters--Vital System Maintenance

Abstract: This rulemaking seeks to reduce the threat to safety in U.S. navigable waters from poorly maintained vessels by

requiring all vessels to maintain certain equipment and technical systems. This rulemaking supports the Coast Guard strategic

goals of marine safety, maritime mobility, and the protection of marine resources.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 164.25 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 33 USC 1222(5); 33 USC 1233; 33 USC 1231; 46 USC 2103; 46 USC 3703; DHS Delegation No. 0170.1,

paragraph (70); DHS Delegation No. 0170.1, paragraph (92)(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 00/00/0000 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Thane Gilman

Program Manager, CG-5213

Department of Homeland Security

U.S. Coast Guard

2100 Second Street SW.

Washington , DC 20593 

Phone: 202 372-1383 

E-Mail: thane.gilman@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB73

 View Related Documents

Title: Recreational Vessel Propeller-Strike and Carbon Monoxide Poisoning Casualty Prevention

Abstract: The Coast Guard is seeking public input on how to prevent recreational boating casualties caused by propeller strikes

and carbon monoxide (CO) poisoning. The Coast Guard, in particular, is seeking comments on specific measures to protect

recreational boaters in the water near the stern of a recreational vessel. The Coast Guard also is seeking additional ideas,

specific data, and other facts relating to propeller strike and CO poisoning-related causalities to help guide the Coast Guard in

selecting the best course of action to address these issues.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 33 CFR chapter I, subchapter S (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 46 USC 4302(a)

Legal Deadline: None

Regulations.gov Friday, January 20, 2012 Unified Agenda

116
Timetable:

Action Date FR Cite

Final Rule 00/00/0000 

ANPRM 08/26/2011 76 FR 53364 

ANPRM Comment Period End 11/25/2011 

Additional Information: Docket No. USCG-2011-0497

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Energy Affected: Undetermined

Agency Contact: Jeff Ludwig

Project Manager, CG-54221

Department of Homeland Security

U.S. Coast Guard

2100 Second Street SW., STOP 7581

Washington , DC 20593-7581 

Phone: 202 372-1061 

E-Mail: jeffrey.a.ludwig@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB75

 View Related Documents

Title: Higher Volume Port Area--State of Washington

Abstract: This rulemaking would revise the definition in 33 CFR 155.1020 for a "higher volume port area" (HVPA) in the Strait

of Juan de Fuca and Puget Sound, Washington, in accordance with Public Law 111-281, section 710, which requires moving

the point from which the boundaries of the current HVPA are measured, west from Port Angeles to Cape Flattery, WA. Vessel

response plans, describing how tankers operating in those waters would respond to a cargo spill, would need to be reviewed

and possibly modified in light of the regulatory change.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 33 CFR 155.1020; ... (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 33 USC 1231; 33 USC 1321; 46 USC 3703; PL 111-281, 124 Stat. 2905, sec. 710; EO 12777; DHS

Delegation No. 0170.1; ...

Legal Deadline: Public Law 111-281, 124 Stat. 2905, sec. 710 requires initiation of this rulemaking not later than Oct. 15,

2011, and completion before Oct. 15, 2015.

Action Source Description Date

Other Statutory 10/15/2015 

Timetable:

Action Date FR Cite

NPRM 00/00/0000 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Agency Contact: LT Evelyn Samms 

Project Manager

Department of Homeland Security

U.S. Coast Guard

Commandant (CG-543) 2100 Second Street SW., STOP 7581

Washington , DC 20593-7581 

Phone: 202 372-1225 

E-Mail: evelyn.b.samms@uscg.mil

Department of Homeland Security (DHS) 

Regulations.gov Friday, January 20, 2012 Unified Agenda

117
U.S. Coast Guard ( USCG ) RIN: 1625-AB76

 View Related Documents

Title: Wider Caribbean Region Special Area Under MARPOL Annex V

Abstract: This rule includes the Wider Caribbean Region as a special area for the purposes of MARPOL Annex V. The

designation of these areas was accomplished through the treaty. This rulemaking memorializes that action in 33 CFR part

151.53(c), where the Coast Guard maintains a list of special areas currently in effect.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 151.53; app A to 33 CFR 151 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 33 USC 1930(a)

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 00/00/0000 

Additional Information: Docket No. USCG-2009-0365

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: David Condino

Ports and Facilities Division

Department of Homeland Security

U.S. Coast Guard

2100 Second Street SW., STOP 7561

Washington , DC 20593 

Phone: 202 372-1145 

E-Mail: david.a.condino@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB53

 View Related Documents

Title: Barges Carrying Bulk Liquid Hazardous Materials Cargoes

Abstract: The Coast Guard is working toward harmonizing the regulations of vessels, both self-propelled and nonselfpropelled, carrying bulk liquid hazardous materials on international routes with the international regulations put forth by IMO.

This effort is to help clarify the regulations in 46 CFR 153. This rulemaking would support the Coast Guard's strategic goal of

maritime safety.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: Undetermined Unfunded Mandates: No

CFR Citation: 46 CFR 153 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 46 USC 3703; DHS Delegation 0170.1

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 08/08/2011 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Energy Affected: Undetermined

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: Suzanne C. Chang

Regulations.gov Friday, January 20, 2012 Unified Agenda

118
Project Manager (CG5223)

Department of Homeland Security

U.S. Coast Guard

2100 Second Street SW., STOP 7126

Washington , DC 20593-7126 

Phone: 202 372-1423 

Agency Contact: Thomas J. Felleisen 

Project Manager (CG-5223)

Department of Homeland Security

U.S. Coast Guard

2100 Second Street SW., STOP 7126

Washington , DC 20593-7126 

Phone: 202 372-1424 

E-Mail: thomas.j.fellesien@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB54

 View Related Documents

Title: Clarification of Discovery Rules Used in Administrative Proceedings of the U.S. Coast Guard

Abstract: In this rulemaking project, the U.S. Coast Guard would amend the discovery rules found in 33 CFR part 20 to clarify

those rules and make them easier for all parties to understand. These amendments would further define and simplify the rules

for initial disclosures and discovery. This rulemaking proposes to amend Coast Guard's discovery rules in administrative

hearings to clarify procedural regulations in contested proceedings and improve the efficiency of the hearing process. These

amendments would further define the rules for initial disclosures and discovery and are envisioned to assist the unrepresented

mariner, decrease discovery related time and burden, and reflect the best practice methods generally found in administrative

law. At the suggestion of the Office of Information and Regulatory Affairs, DHS has decided to withdraw this entry from the

Unified Agenda until and unless DHS takes further action on this regulation.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 20 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 33 USC 1321; 42 USC 9609; 46 USC 7701 and 7702; DHS Delegation No. 0170.1

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 12/31/2011 

Additional Information: The docket number for this rulemaking is USCG-2010-0173. The docket may be found at

www.regulations.gov.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Related RINs: Related to 1625-AA59

Agency Contact: Megan H. Allison

Office of Chief Administrative Law Judge (CG-00J)

Department of Homeland Security

U.S. Coast Guard

2100 Second Street SW., STOP 7000

Washington , DC 20593-0001 

Phone: 202 372-4442 

E-Mail: megan.h.allison@uscg.mil

Department of Homeland Security (DHS) 

Regulations.gov Friday, January 20, 2012 Unified Agenda

119
U.S. Coast Guard ( USCG ) RIN: 1625-AB65

 View Related Documents

Title: Limited Service Domestic Voyage Load Lines for River Barges on Lake Michigan

Abstract: This regulatory project will allow certain unmanned dry cargo river barges operating on Lake Michigan to be

exempted from the normal Great Lakes load line requirements. Instead, they may qualify for a conditional load line exemption, or

for a limited service domestic voyage load line (depending on which Lake Michigan route). This rulemaking pertains to two

specific routes: Chicago to Milwaukee, and Chicago to Muskegon. This will allow certain nonhazardous cargoes originating at

inland river ports to be transported as far as Milwaukee and Muskegon by river barge, thereby benefiting from the relatively low

cost per ton-mile of river barge transportation. Compliance is not mandatory and is voluntary for those river barge operators who

seek to expand their operations onto these routes. This rulemaking supports the Coast Guard's broad roles and responsibilities

of maritime safety and maritime stewardship.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 46 CFR 45 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 46 USC 51

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 06/06/2011 76 FR 32323 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Related RINs: Previously Reported as 1625-AA17

Agency Contact: Tom Mielke 

Project Counsel

Department of Homeland Security

U.S. Coast Guard

2100 Second Street SW.

Washington , DC 20593 

Phone: 202 372-3853 

E-Mail: thomas.c.mielke@uscg.dhs.gov

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB69

 View Related Documents

Title: Navigation and Navigable Waters; Technical, Organizational, and Conforming Amendments (USCG-2011-0257)

Abstract: This rule makes non-substantive changes throughout title 33 of the Code of Federal Regulations. The purpose of

this rule is to make conforming amendments and technical corrections to Coast Guard navigation and navigable water

regulations. This rule will have no substantive effect on the regulated public. These changes are provided to coincide with the

annual recodification of title 33 on July 1.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 1; 33 CFR 27; 33 CFR 96; 33 CFR 101; 33 CFR 107; 33 CFR 115; 33 CFR 117; 33 CFR 135; 33 CFR

140; 33 CFR 148; 33 CFR 150; 33 CFR 151; 33 CFR 160; 33 CFR 161; 33 CFR 162; 33 CFR 164; 33 CFR 166; 33 CFR 167;

33 CFR 169 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 553

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 06/02/2011 76 FR 31831 

Regulations.gov Friday, January 20, 2012 Unified Agenda

120
Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Leo Huott

Regulatory Development Manager

Department of Homeland Security

U.S. Coast Guard

Office of Standard Evaluation & Development (CG-5232) 2100 Second Street SW.

Washington , DC 20593 

Phone: 202 372-1027 

E-Mail: leo.s.huott@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB77

 View Related Documents

Title: 2011 Technical Amendments to 46 CFR

Abstract: This rule makes non-substantive changes throughout title 46 of the Code of Federal Regulations. The purpose of

this rule is to make conforming amendments and technical corrections to Coast Guard shipping regulations. This rule will have

no substantive effect on the regulated public. These changes are provided to coincide with the annual recodification of title 46

on November 1.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 46 CFR 4; 46 CFR 10; 46 CFR 11; 46 CFR 15; 46 CFR 28; 46 CFR 39; 46 CFR 62; 46 CFR 110; 46 CFR 111;

46 CFR 114; 46 CFR 120; 46 CFR 125; 46 CFR 129; 46 CFR 134; 46 CFR 169; 46 CFR 175; 46 CFR 183 (To search for a

specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 553

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 09/30/2011 76 FR 60751 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Paul Crissy

Regulatory Development Manager

Department of Homeland Security

U.S. Coast Guard

Office of Standard Evaluation & Development (CG 0523) 2100 Second Street SW., STOP 7126

Washington , DC 20593-7126 

Phone: 202 372-1093 

E-Mail: paul.h.crissy@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB79

 View Related Documents

Title: International Anti-Fouling System Certificate

Abstract: This rulemaking would amend the Coast Guard's vessel inspection regulations to add the International Anti-Fouling

System (IAFS) Certificate to the list of certificates a recognized classification society may issue on behalf of the Coast Guard.

This action is being taken because Congress and the President enacted legislation (Pub. L. 111-281) to implement the

International Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001. This proposed rule would enable

classification societies to apply to the Coast Guard to be authorized to issue IAFS Certificates to vessel owners on behalf of the

Regulations.gov Friday, January 20, 2012 Unified Agenda

121
Coast Guard.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 46 CFR 8.320 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 46 USC 3103; 46 USC 3306; 46 USC 3316; 46 USC 3703; DHS Delegation No. 0170.1

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/01/2011 76 FR 54419 

NPRM Comment Period End 10/03/2011 

Final Rule 12/09/2011 76 FR 76896 

Final Rule Effective 01/09/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: John A. Meehan Department of Homeland Security

U.S. Coast Guard

2100 Second SW., STOP 7126

Washington , DC 20593-7126 

Phone: 202 372-1429 

E-Mail: john.a.meehan@uscg.mil

Department of Homeland Security (DHS) 

U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA88

 View Related Documents

Title: Morses Line Border Crossing

Abstract: CBP officers are currently stationed at Morses Line, Vermont, a border crossing located within the port limits of the

port of entry of Highgate Springs/Alburg, Vermont, to accept entries of merchandise, collect duties, and enforce the various

provisions of the customs, navigation, and immigration laws. As an aging facility, the Morses Line border crossing no longer

meets operational, safety, and technology standards. Extensive and costly upgrades would be required to bring the border

crossing in line with modern requirements. Based on internal analyses, feedback from many individuals in the local community,

and consultation with members of Congress, DHS is evaluating the potential closure of the Morses Line border crossing.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: PreRule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 100.4(a) (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1103; 19 USC 2; 19 USC 66; 19 USC 1624

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 10/05/2011 76 FR 61622 

ANPRM Comment Period End 12/05/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Roger Kaplan

Director, Programs and Policy, Office of Field Operations

Department of Homeland Security

U.S. Customs and Border Protection

1300 Pennsylvania Avenue NW.

Washington , DC 20229 

Regulations.gov Friday, January 20, 2012 Unified Agenda

122
Phone: 202 325-4543 

E-Mail: roger.kaplan@dhs.gov

Department of Homeland Security (DHS) 

U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA89

 View Related Documents

Title: Exemption From Entry Requirements for Certain Department of Defense Vessels and Aircraft

Abstract: Under current regulations, certain vessels and aircraft owned or chartered by the Department of Defense (DoD) are

exempt from entry requirements and in some cases reporting requirements upon their arrival in the United States from a foreign

place. The exemptions generally apply when the vessel or aircraft is transporting cargo that is solely the property of the DoD or

when it is transporting passengers traveling on official business of the United States. This rule would revise the criteria for

applying these exemptions to better address the manner in which the DoD moves cargo and passengers in support of its

missions. Under the rule, CBP is considering whether to revise the entry exemption to make it apply to certain DoD-owned or

chartered vessels and aircraft carrying cargo and/or passengers approved for carriage in the Defense Transportation System

(DTS), the secure system used by DoD to move cargo and passengers in support of DoD's missions. Additionally, CBP is

considering whether certain DoD-owned vessels that are transporting only passengers and/or cargo approved for carriage in the

DTS should also be exempt from reporting their arrival.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 19 CFR 4.0(h); 19 CFR 4.5; 19 CFR 122.1(n); 19 CFR 122.41 (To search for a specific CFR, visit the Code of

Federal Regulations ) 

Legal Authority: 19 USC 1433; 19 USC 1434; 19 USC 1441; 19 USC 1644a

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Agency Contact: Michel Chausse

Chief, Ocean, Air & Rail Manifest Branch, Office of Field Ops

Department of Homeland Security

U.S. Customs and Border Protection

1300 Pennsylvania Ave NW.

Washington , DC 20229 

Phone: 202 344-3656 

E-Mail: michel.chausse@dhs.gov

Department of Homeland Security (DHS) 

U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA90

 View Related Documents

Title: Boquillas Border Crossing

Abstract: This rule would create a new border crossing in the Big Bend National Park called Boquillas. It would be established

as a Class B port of entry for immigration purposes and as a Customs station for customs purposes, under the supervision of

the El Paso port of entry. CBP and the National Park service plan to partner on the construction of a joint use facility in the Big

Bend National Park which will provide facility requirements to operate a border crossing. On May 19, 2010, President Obama

and Mexican President Calderon issued a joint statement recognizing that the Big Bend National Park in the United States and

the Protected Areas of Maderas del Carmen, Canon de Santa Elena, Ocampo, and Rio Bravo del Norte in Mexico together

comprise one of the largest and most significant ecological complexes in North America. The opening of the Boquillas crossing

would help establish the Big Bend-–Rio Bravo region as a natural area of binational interest.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

123
CFR Citation: 8 CFR 100.4(a); 19 CFR 101.4(c) (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1103; 9 USC 2; 19 USC 66; 19 USC 1624

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM Correction 10/05/2011 76 FR 61288 

NPRM 10/28/2011 76 FR 66862 

NPRM Correction Comment Period End 11/28/2011 

NPRM Comment Period End 12/27/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Colleen Manaher

Director, Land Border Integration Program Management Office

Department of Homeland Security

U.S. Customs and Border Protection

Office of Field Operations 1300 Pennsylvania Avenue NW.

Washington , DC 20229 

Phone: 202 344-3003 

E-Mail: colleen.m.manaher@dhs.gov

Department of Homeland Security (DHS) 

U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA94

 View Related Documents

Title: Internet Publication of Administrative Seizure/Forfeiture Notices

Abstract: This document proposes to amend the Customs and Border Protection (CBP) regulations to allow for publication of

seizure/intent-to-forfeit notices on an official Government forfeiture Web site. The changes proposed in this document are

intended to reduce administrative costs and improve the effectiveness of CBP's notice procedures as Internet publication would

reach a broader range of the public and provide access to more parties who may have an interest in the seized merchandise.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 19 CFR 162.45(b) (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 19 USC 66; 19 USC 1592; 19 USC 1593a; 19 USC 1607; 19 USC1608; 19 USC 1624; 6 USC

101; 8 USC 1324(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/00/2012 

Additional Information: Includes Retrospective Review under E.O. 13563.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Dennis McKenzie

Director, Fines, Penalties, and Forfeitures Division

Department of Homeland Security

U.S. Customs and Border Protection

Office of Field Operations 1300 Pennsylvania Avenue NW.

Washington , DC 20229 

Phone: 202 344-1808 

FAX: 202-344-2747

E-Mail: dennis.mckenzie@dhs.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

124
Department of Homeland Security (DHS) 

U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA70

 View Related Documents

Title: Importer Security Filing and Additional Carrier Requirements

Abstract: This interim final rule implements the provisions of section 203 of the Security and Accountability for Every Port Act

of 2006. It amended CBP Regulations to require carriers and importers to provide to CBP, via a CBP-approved 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. The interim final rule requested comments on those required data elements for which CBP provided

certain flexibilities for compliance and on the revised costs and benefits and Regulatory Flexibility Analysis. CBP plans to issue

a final rule after CBP completes a structured review of the flexibilities and analyzes the comments.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule

Major: Yes Unfunded Mandates: Private Sector

CFR Citation: 19 CFR 4; 19 CFR 12.3; 19 CFR 18.5; 19 CFR 103.31a; 19 CFR 113; 19 CFR 123.92; 19 CFR 141.113; 19 CFR

146.32; 19 CFR 149; 19 CFR 192.14 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 109-347, sec 203; 5 USC 301; 19 USC 66; 19 USC 1431; 19 USC 1433 to 1434; 19 USC 1624; 19 USC

2071 note; 46 USC 60105

Legal Deadline: None

Regulatory Plan:

Statement of Need: Vessel carriers are currently required to transmit certain manifest information by way of the CBP Vessel

Automated Manifest System (AMS) 24 hours prior to lading of containerized and non-exempt break bulk cargo at a foreign

port. For the most part, this is the ocean carrier's or non-vessel operating common carrier's (NVOCC) cargo declaration. CBP

analyzes this information to generate its risk assessment for targeting purposes. Internal and external government reviews have

concluded that more complete advance shipment data would produce even more effective and vigorous cargo risk

assessments. In addition, pursuant to section 203 of the Security and Accountability for Every Port Act of 2006 (Pub. L. 109-

347, 6 U.S.C. 943) (SAFE Port Act), the Secretary of Homeland Security, acting through the Commissioner of CBP, must

promulgate regulations to require the electronic transmission of additional data elements for improved high-risk targeting,

including appropriate security elements of entry data for cargo destined to the United States by vessel prior to loading of such

cargo on vessels at foreign seaports. Based upon its analysis, as well as the requirements under the SAFE Port Act, CBP is

requiring the electronic transmission of additional data for improved high-risk targeting. Some of these data elements are being

required from carriers (Container Status Messages and Vessel Stow Plan) and others are being required from "importers," as

that term is defined for purposes of the regulations. This rule intends to improve CBP's risk assessment and targeting

capabilities and enables the agency to facilitate the prompt release of legitimate cargo following its arrival in the United States.

The information will assist CBP in increasing the security of the global trading system and, thereby, reducing the threat to the

United States and world economy.

Legal Basis: Pursuant to section 203 of the Security and Accountability for Every Port Act of 2006 (Pub. L. 109-347, 6 U.S.C.

943) (SAFE Port Act), the Secretary of Homeland Security, acting through the Commissioner of CBP, must promulgate

regulations to require the electronic transmission of additional data elements for improved high-risk targeting, including

appropriate security elements of entry data for cargo destined to the United States by vessel prior to loading of such cargo on

vessels at foreign seaports.

Alternatives: CBP considered and evaluated the following four alternatives: Alternative 1 (the chosen alternative): Importer

Security Filings and Additional Carrier Requirements are required. Bulk cargo is exempt from the Importer Security Filing

requirements; Alternative 2: Importer Security Filings and Additional Carrier Requirements are required. Bulk cargo is not

exempt from the Importer Security Filing requirements; Alternative 3: Only Importer Security Filings are required. Bulk cargo is

exempt from the Importer Security Filing requirements; and Alternative 4: Only the Additional Carrier Requirements are required.

Costs and Benefits: When the NPRM was published, CBP estimated that approximately 11 million import shipments

conveyed by 1,000 different carrier companies operating 37,000 unique voyages or vessel-trips to the United States will be

subject to the rule. Annualized costs range from $890 million to $7.0 billion (7 percent discount rate over 10 years). The

annualized cost range estimate resulted from varying assumptions about the importers' estimated security filing transaction

costs or fees charged to the importers by the filing parties, the potential for supply chain delays, and the estimated costs to

carriers for transmitting additional data to CBP. The regulation may increase the time shipments are in transit, particularly for

shipments consolidated in containers. For such shipments, the supply chain is generally more complex and the importer has

Regulations.gov Friday, January 20, 2012 Unified Agenda

125
less control of the flow of goods and associated security filing information. Foreign cargo consolidators may be consolidating

multiple shipments from one or more shippers in a container destined for one or more buyers or consignees. In order to ensure

that the security filing data is provided by the shippers to the importers (or their designated agents) and is then transmitted to

and accepted by CBP in advance of the 24-hour deadline, consolidators may advance their cut-off times for receipt of

shipments and associated security filing data. These advanced cut-off times would help prevent a consolidator or carrier from

having to unpack or unload a container in the event the security filing for one of the shipments contained in the container is

inadequate or not accepted by CBP. For example, consolidators may require shippers to submit, transmit, or obtain CBP

approval of their security filing data before their shipments are stuffed in the container, before the container is sealed, or before

the container is delivered to the port for lading. In such cases, importers would likely have to increase the times they hold their

goods as inventory, and thus incur additional inventory carrying costs to sufficiently meet these advanced cut-off times imposed

by their foreign consolidators. The high end of the cost ranges presented assumes an initial supply chain delay of 2 days for the

first year of implementation (2008) and a delay of 1 day for years 2 through 10 (2009 to 2017). Ideally, the quantification and

monetization of the benefits of this regulation would involve estimating the current level of risk of a successful terrorist attack,

absent this regulation, and the incremental reduction in risk resulting from implementation of the regulation. CBP would then

multiply the change by an estimate of the value individuals place on such a risk reduction to produce a monetary estimate of

direct benefits. However, existing data limitations and a lack of complete understanding of the true risks posed by terrorists

prevent us from establishing the incremental risk reduction attributable to this rule. As a result, CBP has undertaken a "breakeven" analysis to inform decisionmakers of the necessary incremental change in the probability of such an event occurring that

would result in direct benefits equal to the costs of the proposed rule. CBP's analysis finds that the incremental costs of this

regulation are relatively small compared to the median value of a shipment of goods, despite the rather large absolute estimate

of present value cost. The benefit of this rule is the improvement of CBP's risk assessment and targeting capabilities, while at

the same time, enabling CBP to facilitate the prompt release of legitimate cargo following its arrival in the United States. The

information will assist CBP in increasing the security of the global trading system, and thereby reducing the threat to the United

States and the world economy.

Risks:

Timetable:

Action Date FR Cite

NPRM 01/02/2008 73 FR 90 

NPRM Comment Period Extended 02/01/2008 73 FR 6061 

NPRM Comment Period End 03/03/2008 

NPRM Comment Period End 03/18/2008 

Interim Final Rule 11/25/2008 73 FR 71730 

Interim Final Rule Effective 01/26/2009 

Interim Final Rule Comment Period End 06/01/2009 

Correction 07/14/2009 74 FR 33920 

Correction 12/24/2009 74 FR 68376 

Final Action 10/00/2012 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: Christopher Kennally

Acting Director, Cargo Control, Office of Field Operations, CBP

Department of Homeland Security

U.S. Customs and Border Protection

1300 Pennsylvania Avenue NW.

Washington , DC 20229 

Phone: 202 344-2476 

E-Mail: christopher.j.kennally@cbp.dhs.gov

Department of Homeland Security (DHS) 

U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA72

 View Related Documents

Title: Changes to the Visa Waiver Program To Implement the Electronic System for Travel Authorization (ESTA) Program

Abstract: This interim final rule implements the Electronic System for Travel Authorization (ESTA) for aliens who travel to the

Regulations.gov Friday, January 20, 2012 Unified Agenda

126
United States under the Visa Waiver Program (VWP) at air or sea ports of entry. Under the rule, VWP travelers are required to

provide certain biographical information to CBP electronically before departing for the United States. This allows CBP to

determine before their departure whether these travelers are eligible to travel to the United States under the VWP and whether

such travel poses a security risk. The rule is intended to fulfill the requirements of section 711 of the Implementing

recommendations of the 9/11 Commission Act of 2007 (9/11 Act). In addition to fulfilling a statutory mandate, the rule serves the

twin goals of promoting border security and legitimate travel to the United States. By modernizing the VWP, the ESTA is

intended to increase national security and to provide for greater efficiencies in the screening of international travelers by allowing

for vetting of subjects of potential interest well before boarding, thereby reducing traveler delays at the ports of entry. CBP

requested comments on all aspects of the interim final rule and plans to issue a final rule after completion of the comment

analysis.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 8 CFR 217.5 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1103; 8 USC 1187

Legal Deadline: None

Regulatory Plan:

Statement of Need: Section 711 of the 9/11 Act requires the Secretary of Homeland Security, in consultation with the

Secretary of State, to develop and implement a fully automated electronic travel authorization system that will collect

biographical and other information in advance of travel to determine the eligibility of the alien to travel to the United States, and

to determine whether such travel poses a law enforcement or security risk. ESTA is intended to fulfill these statutory

requirements. Under this rule, VWP travelers provide certain information to CBP electronically before departing for the United

States. VWP travelers who receive travel authorization under ESTA are not required to complete the paper Form I-94W when

arriving on a carrier that is capable of receiving and validating messages pertaining to the traveler's ESTA status as part of the

traveler's boarding status. By automating the I-94W process and establishing a system to provide VWP traveler data in

advance of travel, CBP is able to determine the eligibility of citizens and eligible nationals from VWP countries to travel to the

United States and to determine whether such travel poses a law enforcement or security risk, before such individuals begin

travel to the United States. ESTA provides for greater efficiencies in the screening of international travelers by allowing CBP to

identify subjects of potential interest before they depart for the United States, thereby increasing security and reducing traveler

delays upon arrival at U.S. ports of entry.

Legal Basis: The ESTA program is based on congressional authority provided under section 711 of the Implementing

Recommendations of the 9/11 Commission Act of 2007 and section 217 of the Immigration and Nationality Act (INA).

Alternatives: CBP considered three alternatives to this rule: 1. The ESTA requirements in the rule, but with a $1.50 fee per

each travel authorization (more costly) 2. The ESTA requirements in the rule, but with only the name of the passenger and the

admissibility questions on the I-94W form (less burdensome) 3. The ESTA requirements in the rule, but only for the countries

entering the VWP after 2009 (no new requirements for VWP, reduced burden for newly entering countries). CBP determined

that the rule provides the greatest level of enhanced security and efficiency at an acceptable cost to traveling public and

potentially affected air carriers.

Costs and Benefits: The purpose of ESTA is to allow DHS and CBP to establish the eligibility of certain foreign travelers to

travel to the United States under the VWP, and whether the alien's proposed travel to the United States poses a law

enforcement or security risk. Upon review of such information, DHS will determine whether the alien is eligible to travel to the

United States under the VWP. Costs to Air & Sea Carriers CBP estimated that eight U.S.-based air carriers and eleven sea

carriers will be affected by the rule. An additional 35 foreign-based air carriers and five sea carriers will be affected. CBP

concluded that costs to air and sea carriers to support the requirements of the ESTA program could cost $137 million to $1.1

billion over the next 10 years depending on the level of effort required to integrate their systems with ESTA, how many

passengers they need to assist in applying for travel authorizations, and the discount rate applied to annual costs. Costs to

Travelers ESTA will present new costs and burdens to travelers in VWP countries who were not previously required to submit

any information to the U.S. Government in advance of travel to the United States. Travelers from Roadmap countries who

become VWP countries will also incur costs and burdens, though these are much less than obtaining a nonimmigrant visa

(category B1/B2), which is currently required for short-term pleasure or business to travel to the United States. CBP estimated

that the total quantified costs to travelers will range from $1.1 billion to $3.5 billion depending on the number of travelers, the

value of time, and the discount rate. Annualized costs are estimated to range from $133 million to $366 million. Benefits As set

forth in section 711 of the 9/11 Act, it was the intent of Congress to modernize and strengthen the security of the Visa Waiver

Program under section 217 of the Immigration and Nationality Act (INA, 8 U.S.C. 1187) by simultaneously enhancing program

security requirements and extending visa-free travel privileges to citizens and eligible nationals of eligible foreign countries that

are partners in the war on terrorism. By requiring passenger data in advance of travel, CBP may be able to determine, before

the alien departs for the United States, the eligibility of citizens and eligible nationals from VWP countries to travel to the United

States under the VWP, and whether such travel poses a law enforcement or security risk. In addition to fulfilling a statutory

mandate, the rule serves the twin goals of promoting border security and legitimate travel to the United States. By modernizing

the VWP, ESTA is intended to both increase national security and provide for greater efficiencies in the screening of

Regulations.gov Friday, January 20, 2012 Unified Agenda

127
international travelers by allowing for the screening of subjects of potential interest well before boarding, thereby reducing

traveler delays based on potentially lengthy processes at U.S. ports of entry. CBP concluded that the total benefits to travelers

could total $1.1 billion to $3.3 billion over the period of analysis. Annualized benefits could range from $134 million to $345

million. In addition to these benefits to travelers, CBP and the carriers should also experience the benefit of not having to

administer the I-94W except in limited situations. While CBP has not conducted an analysis of the potential savings, it should

accrue benefits from not having to produce, ship, and store blank forms. CBP should also be able to accrue savings related to

data entry and archiving. Carriers should realize some savings as well, though carriers will still have to administer the I-94 for

those passengers not traveling under the VWP and the Customs Declaration forms for all passengers aboard the aircraft and

vessel.

Risks:

Timetable:

Action Date FR Cite

Interim Final Action 06/09/2008 73 FR 32440 

Interim Final Rule Effective 08/08/2008 

Interim Final Rule Comment Period End 08/08/2008 

Notice--Announcing Date Rule Becomes Mandatory 11/13/2008 73 FR 67354 

Final Action 08/00/2012 

Additional Information: http://www.cbp.gov/xp/cgov/travel/id_visa/esta/

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Related RINs: Related to 1651-AA83

Agency Contact: Suzanne Shepherd

Director, Electronic System for Travel Authorization

Department of Homeland Security

U.S. Customs and Border Protection

1300 Pennsylvania Avenue NW.

Washington , DC 20229 

Phone: 202 344-2073 

E-Mail: cbp.esta@dhs.gov

Department of Homeland Security (DHS) 

U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA73

 View Related Documents

Title: Establishment of Global Entry Program

Abstract: CBP already operates several regulatory and non-regulatory international registered traveler programs, also known

as trusted traveler programs. In order to comply with the Intelligence Reform Terrorism Prevention Act of 2004 (IRPTA), CBP is

proposing to amend its regulations to establish another international registered traveler program called Global Entry. The Global

Entry program would expedite the movement of low-risk, frequent international air travelers by providing an expedited inspection

process for pre-approved, pre-screened travelers. These travelers would proceed directly to automated Global Entry kiosks upon

their arrival in the United States. This Global Entry Program, along with the other programs that have already been established,

are consistent with CBP's strategic goal of facilitating legitimate trade and travel while securing the homeland. A pilot of Global

Entry has been operating since June 6, 2008.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 235; 8 CFR 103 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1365b(k)(1); 8 USC 1365b(k)(3); 8 USC 1225; 8 USC 1185(b)

Legal Deadline: None

Regulatory Plan:

Statement of Need: CBP has been operating the Global Entry program as a pilot at several airports since June 6, 2008, and

Regulations.gov Friday, January 20, 2012 Unified Agenda

128
the pilot has been very successful. As a result, there is a desire on the part of the public that CBP establish the program as a

permanent program, and expanded the program to additional airports and to citizens from other countries if possible. By

establishing this program, CBP will make great strides toward facilitating the movement of people in a more efficient manner,

thereby accomplishing our strategic goal of balancing legitimate travel with security. Through the use of biometric and

recordkeeping technologies, the risk of terrorists entering the United States would be reduced. Improving security and facilitating

travel at the border, both of which are accomplished by Global Entry, are primary concerns within CBP jurisdiction.

Legal Basis: The Global Entry program is based on section 7208(k) of the Intelligence Reform and Terrorism Prevention Act

of 2004 (IRTPA), as amended by section 565 of the Consolidated Appropriations Act, which requires the Secretary of Homeland

Security to create a program to expedite the screening and processing of pre-approved low risk air travelers into the United

States.

Alternatives:

Costs and Benefits: Global Entry is a voluntary program that provides a benefit to the public by speeding the CBP processing

time for participating travelers. Travelers who are otherwise admissible to the United States will be able to enter or exit the

country regardless of whether they participate in Global Entry. CBP estimates that over a 5-year period, 250,000 enrollees will

be processed (an annual average of 50,000 individuals). CBP estimates that each application will require 40 minutes (0.67

hours) of the enrollee's time to search existing data resources, gather the data needed, and complete and review the

application form. Additionally, an enrollee will experience an "opportunity cost of time" to travel to an Enrollment Center upon

acceptance of the initial application. We assume that 1 hour will be required for this time spent at the Enrollment Center and

travel to and from the Center, though we note that during the pilot program, many applicants coordinated their trip to an

Enrollment Center with their travel at the airport. CBP has used 1 hour of travel time so as not to underestimate potential

opportunity costs for enrolling in the program. CBP used a value of $28.60 for the opportunity cost for this time, which is taken

from the Federal Aviation Administration's "Economic Values for FAA Investment and Regulatory Decisions, A Guide." (Jul. 3,

2007) This value is the weighted average for U.S. business and leisure travelers. For this evaluation, CBP assumed that all

enrollees will be U.S. citizens, U.S. nationals, or Lawful Permanent Residents.

Risks:

Timetable:

Action Date FR Cite

NPRM 11/19/2009 74 FR 59932 

NPRM Comment Period End 01/19/2010 

Final Rule 12/00/2011 

Additional Information: Includes Retrospective Review under E.O. 13563.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

RIN Information URL: www.globalentry.gov

Agency Contact: John P. Wagner 

Executive Director, Admissibility and Passenger Programs

Department of Homeland Security

U.S. Customs and Border Protection

Office of Field Operations 1300 Pennsylvania Avenue NW.

Washington , DC 20229 

Phone: 202 344-2118 

E-Mail: john.p.wagner@cbp.dhs.gov

Department of Homeland Security (DHS) 

U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA77

 View Related Documents

Title: Implementation of the Guam-CNMI Visa Waiver Program

Abstract: This 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

Regulations.gov Friday, January 20, 2012 Unified Agenda

129
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.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 8 CFR 100.4; 8 CFR 212.1; 8 CFR 233.5; 8 CFR 235.5; 19 CFR 4.7b; 19 CFR 122.49a (To search for a specific

CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 110-229, sec 702

Legal Deadline: 

Action Source Description Date

Other Statutory PL 110-229 11/04/2008 

Regulatory Plan:

Statement of Need: Currently, aliens who are citizens of eligible countries may apply for admission to Guam at a Guam port

of entry as nonimmigrant visitors for a period of fifteen (15) days or less, for business or pleasure, without first obtaining a

nonimmigrant visa, provided that they are otherwise eligible for admission. Section 702(b) of the Consolidated Natural

Resources Act of 2008 (CNRA), supersedes the Guam visa waiver program by providing for a visa waiver program for Guam

and the Commonwealth of the Northern Mariana Islands (Guam-CNMI Visa Waiver Program). Section 702(b) requires DHS to

promulgate regulations within 180 days of enactment of the CNRA to allow nonimmigrant visitors from eligible countries to

apply for admission into Guam and the CNMI, for business or pleasure, without a visa, for a period of authorized stay of no

longer than 45 days.

Legal Basis: The Guam-CNMI Visa Waiver Program is based on congressional authority provided under 702(b) of the

Consolidated Natural Resources Act of 2008 (CNRA).

Alternatives: None

Costs and Benefits: The most significant change for admission to the CNMI as a result of the rule will be for visitors from

those countries who are not included in either the existing U.S. Visa Waiver Program or the Guam-CNMI Visa Waiver Program

established by the rule. These visitors must apply for U.S. visas, which require in-person interviews at U.S. embassies or

consulates and higher fees than the CNMI currently assesses for its visitor entry permits. CBP anticipates that the annual cost

to the CNMI will be $6 million. These are losses associated with the reduced visits from foreign travelers who may no longer

visit the CNMI upon implementation of this rule. In addition, we estimate Government implementation costs of between $87 and

91 million over the 5-year period of analysis. The anticipated benefits of the rule are enhanced security that will result from the

federalization of the immigration functions in the CNMI.

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule Effective 01/16/2009 

Interim Final Rule 01/16/2009 74 FR 2824 

Interim Final Rule Comment Period End 03/17/2009 

Technical Amendment; Change of Implementation Date 05/28/2009 74 FR 25387 

Final Action 10/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Related RINs: Related to 1651-AA81

Agency Contact: Erin Martin

Program Manager, Office of Field Operations

Department of Homeland Security

U.S. Customs and Border Protection

1300 Pennsylvania Avenue NW.

Washington , DC 20229 

Phone: 202 344-2728 

E-Mail: erin.m.martin@dhs.gov

Department of Homeland Security (DHS) 

Regulations.gov Friday, January 20, 2012 Unified Agenda

130
U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA80

 View Related Documents

Title: Permissible Sharing of Client Records by Customs Brokers

Abstract: This document proposes to amend Customs and Border Protection (CBP) regulations in title 19 of the Code of

Federal Regulations (CFR) pertaining to the obligations of customs brokers to keep clients' information confidential.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 19 CFR 111.24 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 19 USC 66; 19 USC 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States (HTSUS)); 19

USC 1624; 19 USC 1641

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/27/2010 75 FR 66050 

NPRM Comment Period End 12/27/2010 

Final Action 01/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Anita S. Harris 

Chief, Broker Compliance Branch, Trade Policy and Programs

Department of Homeland Security

U.S. Customs and Border Protection

Office of International Trade 1400 L Street NW.

Washington , DC 20229-1143 

Phone: 202 863-6069 

FAX: 202 863-6540

E-Mail: anita.harris@dhs.gov

Department of Homeland Security (DHS) 

U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA81

 View Related Documents

Title: Clarification of Countries and Geographic Areas Eligible for Participation in the Guam-Commonwealth of the Northern

Mariana Islands Visa Waiver Program

Abstract: This rule amends Department of Homeland Security (DHS) regulations to clarify that individuals holding British

National (Overseas) (BN(O)) passports are eligible for participation in the Guam-Commonwealth of the Northern Mariana Islands

(CNMI) Visa Waiver Program. The Guam-CNMI Visa Waiver Program allows certain nonimmigrant aliens to enter Guam and/or

the CNMI as nonimmigrant visitors for business or pleasure without a visa for a period of authorized stay not to exceed fortyfive days.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 212.1 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 110-229, sec 702

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 03/23/2011 76 FR 16231 

Interim Final Rule Comment Period End 05/23/2011 

Final Action 10/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

131
Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Related RINs: Related to 1651-AA77

Agency Contact: Erin Martin

Program Manager, Office of Field Operations

Department of Homeland Security

U.S. Customs and Border Protection

1300 Pennsylvania Avenue NW.

Washington , DC 20229 

Phone: 202 344-2728 

E-Mail: erin.m.martin@dhs.gov

Department of Homeland Security (DHS) 

U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA83

 View Related Documents

Title: Electronic System for Travel Authorization (ESTA): Fee for Use of the System

Abstract: Under the Department of Homeland Security (DHS) regulations, non-immigrant aliens who wish to enter the United

States under the Visa Waiver Program at air or sea ports of entry must obtain a travel authorization electronically through the

Electronic System for Travel Authorization (ESTA) from Customs and Border Protection prior to departing for the United States.

This rule amends the DHS regulations to require ESTA applicants to pay a fee. The fee, as authorized by section 711 of the

Implementing the Recommendations of the 9/11 Commission Act of 2007 (9/11 Act), is to ensure recovery of the full costs of

providing and administering the ESTA system. This document also announces the amount of the fee.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 8 CFR 217.5(a) (Revision); 8 CFR 217.5(h) (New) (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: PL 110-53, sec 711, 9/11 Act; 8 USC 1187; PL 111-145

Legal Deadline: 

Action Source Description Date

Other Statutory 

According to Public Law 111-145 (March 4, 2010) DHS must establish a

fee and begin assessment and collection of the fee no later than 6

months after the date of enactment. 

09/04/2010 

Timetable:

Action Date FR Cite

Interim Final Rule 08/09/2010 75 FR 47701 

Interim Final Rule Effective 09/08/2010 

Interim Final Rule Comment Period End 10/08/2010 

Final Rule 10/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Related RINs: Related to 1651-AA72

Agency Contact: Suzanne Shepherd

Director, Electronic System for Travel Authorization

Department of Homeland Security

U.S. Customs and Border Protection

1300 Pennsylvania Avenue NW.

Washington , DC 20229 

Phone: 202 344-2073 

E-Mail: cbp.esta@dhs.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

132
Department of Homeland Security (DHS) 

U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA00

 View Related Documents

Title: Visa Waiver Program

Abstract: On October 30, 2000, Public Law 106-396 made the Visa Waiver Pilot Program (VWPP) a permanent program. The

Visa Waiver Program (VWP), allows nationals of designated countries to apply for admission to the United States at land border

ports, air and sea ports, and to enter the United States for business or pleasure for up to 90 days without first obtaining a

nonimmigrant visa. INS Rule No. 1799 finalizes all those VWP countries that were added through the publication of interim

regulations. This rule will also incorporate those statutory changes made to section 217 of the Immigration and Nationality Act

by the Illegal Immigration Reform and Responsibility Immigration Act.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 217 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 CFR 2; 8 USC 1187; 8 USC 1103; 8 USC 1356

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

NPRM--INS No. 1406-91 Comment Period End 5/22/91 05/07/1991 56 FR 21101 

Final Rule--INS No. 1406-91 Eff. 7/18/91 07/18/1991 56 FR 32952 

Interim Final Rule--INS No. 1447 Eff. 10/1/91; Comment Period End

10/15/91 09/13/1991 56 FR 46716 

Interim Final Rule--1622-93; Eff. 7/29/93; Comment Period End

8/30/93; (To Be Merged With 1447R-93) 07/29/1993 58 FR 40581 

Public Notice--INS No. 1674 Eff. 10/25/94; Comment Period End

09/30/96 02/21/1995 60 FR 9699 

Interim Final Rule--INS No. 1685 Eff. 4/1/95; Comment Period End

5/30/95 03/28/1995 60 FR 15855 

Interim Final Rule--INS No. 1777 07/08/1996 61 FR 35598 

Interim Final Rule--INS No. 1782-96 With Comments (Australia) 07/29/1996 61 FR 39721 

Interim Final Rule--INS 1786-96 With Comments (Slovenia) 09/30/1997 62 FR 50998 

Final Rule--INS No. 1799 12/30/1998 63 FR 71726 

Interim Final Rule--INS 2002-99 With Comments (Portugal, Singapore,

and Uruguay) 08/03/1999 64 FR 42006 

Interim Final Rule--INS 2188-02 (Removing Argentina) 02/21/2002 67 FR 7943 

Interim Final Rule 03/07/2003 68 FR 10954 

Additional Information: Transferred from RIN 1115-AB93

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Related RINs: Merge with 1115-AG25

Agency Contact: John P. Wagner 

Executive Director, Admissibility and Passenger Programs

Department of Homeland Security

U.S. Customs and Border Protection

Office of Field Operations 1300 Pennsylvania Avenue NW.

Washington , DC 20229 

Phone: 202 344-2118 

E-Mail: john.p.wagner@cbp.dhs.gov

Department of Homeland Security (DHS) 

U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA04

 View Related Documents

Title: Inspection and Expedited Removal of Aliens; Detention and Removal of Aliens; Conduct of Removal Proceedings

Regulations.gov Friday, January 20, 2012 Unified Agenda

133
Abstract: Many of the provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) became

effective April 1, 1997. Some provisions of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) that were not

superseded by IIRIRA became effective November 1, 1996. On March 6, 1997, INS and the Executive Office of Immigration

Review (EOIR) published an interim final rule revising the asylum process; providing a mechanism for the determination and

review of certain applicants who demonstrate a credible fear of persecution if returned to their own country; defining the

inspection and admission process including new expedited removal procedures for aliens attempting to enter the United States

through fraud or misrepresentation by apprehension, detention, and removal of aliens; addressing conduct of removal

proceedings; and revising many other sections of the regulations to conform with the new laws. On December 6, 2000, INS and

EOIR published the rule "Asylum Procedures" (INS No. 1865-97; RIN 1115-AE93), which finalized the asylum portions of this

interim rule. DHS intends to publish a final rule to finalize the portions of this rulemaking relating to inspection and expedited

removal of aliens, detention and deportation and removal of aliens, and the conduct of removal proceedings.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1; 8 CFR 3; 8 CFR 103; 8 CFR 204; 8 CFR 207; 8 CFR 209; 8 CFR 211 to 214; 8 CFR 216 to 217; 8

CFR 221 to 223 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 5 USC 552 to 552a; 8 USC 1101 to 1103; 8 USC 1154; 8 USC 1181 to 1186a; 8 USC 1187

Legal Deadline: This rule was automatically transferred from the former INS to CBP after the creation of DHS. The general

authority to promulgate immigration regulations, with certain exceptions, now lies in the Secretary of Homeland Security as per

the transfer of authority from the Attorney General in the Homeland Security Act.

Action Source Description Date

Other Statutory The statute requires the Attorney General to promulgate implementing

regulations by March 1, 1997. 03/01/1997 

Timetable:

Action Date FR Cite

Next Action Undetermined 

Final Action--INS No. 1669-94 03/22/1996 61 FR 11717 

NPRM--INS No. 1788-96 Comment Period End 2/3/97 01/03/1997 62 FR 444 

Interim Final Rule--INS No. 1788-96 Comment Period End 7/15/97 03/06/1997 62 FR 10312 

Interim Final Rule--INS No. 1788-96 Correction 04/09/1997 62 FR 17048 

Interim Final Rule Correction (Effective 04/01/97) 04/01/1997 62 FR 15362 

Final Rule--INS No. 1920-98 07/22/1998 63 FR 39217 

Additional Information: Transferred from RIN 1115-AE47

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: John P. Wagner 

Executive Director, Admissibility and Passenger Programs

Department of Homeland Security

U.S. Customs and Border Protection

Office of Field Operations 1300 Pennsylvania Avenue NW.

Washington , DC 20229 

Phone: 202 344-2118 

E-Mail: john.p.wagner@cbp.dhs.gov

Department of Homeland Security (DHS) 

U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA06

 View Related Documents

Title: Establishment of Preinspected Automated Lane (PAL) Program

Abstract: This rule amends the DHS regulations by establishing a Preinspected Automated Lane (PAL) Program for the use of

eligible persons and vehicles at immigration checkpoints within the United States. This rule will facilitate the passage of people

and vehicles through DHS checkpoints while safeguarding the integrity of law enforcement objectives at the checkpoints.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 287; 8 CFR 299 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Regulations.gov Friday, January 20, 2012 Unified Agenda

134
Legal Authority: 8 USC 1103; 8 USC 1182; 8 USC 1225 and 1226; 8 USC 1251 and 1252; 8 USC 1357; 8 CFR 2

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

Interim Final Rule 04/18/1997 62 FR 19024 

Interim Final Rule Comment Period End 06/17/1997 

Additional Information: Transferred from RIN 1115-AE80

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: John P. Wagner 

Executive Director, Admissibility and Passenger Programs

Department of Homeland Security

U.S. Customs and Border Protection

Office of Field Operations 1300 Pennsylvania Avenue NW.

Washington , DC 20229 

Phone: 202 344-2118 

E-Mail: john.p.wagner@cbp.dhs.gov

Department of Homeland Security (DHS) 

U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA07

 View Related Documents

Title: Amendment of the Regulatory Definition of Arriving Alien

Abstract: This rule amends the DHS regulations by changing the regulatory definition of an arriving alien. Under section

235(b)(1)(A)(i) of the Immigration and Nationality Act, which was effective on April 1, 1997, certain arriving aliens are subject to

expedited removal procedures. The existing regulatory definition of arriving aliens includes parolees. As a matter of policy, the

Department has decided that it is appropriate to exempt from the new expedited removal procedures aliens who were paroled

into the United States before April 1997. This rule clarifies that these aliens, as well as certain other aliens who were paroled

into the United States pursuant to advance parole, will not be subjected to expedited removal upon termination at parole. The

rule also makes several changes in the ordering of 1.1(q) to use language that is clearer and more consistent with the wording

of the statute.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1 and 2 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

Interim Final Rule 04/20/1998 63 FR 19382 

Interim Final Rule Comment Period End 06/19/1998 

Additional Information: Transferred from RIN 1115-AE87

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: John P. Wagner 

Executive Director, Admissibility and Passenger Programs

Department of Homeland Security

U.S. Customs and Border Protection

Office of Field Operations 1300 Pennsylvania Avenue NW.

Washington , DC 20229 

Phone: 202 344-2118 

Regulations.gov Friday, January 20, 2012 Unified Agenda

135
E-Mail: john.p.wagner@cbp.dhs.gov

Department of Homeland Security (DHS) 

U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA08

 View Related Documents

Title: Elimination of Immigration and Naturalization Service-Issued Mexican and Canadian Border Crossing Cards

Abstract: This rule amends the DHS regulations to eliminate the use of Form I-175, Application for Nonresident Alien

Canadian Border Crossing Card, and Form I-190, Application for Nonresident Alien Mexican Border Crossing Card. It also

terminates the production of Form I-185, Nonresident Alien Canadian Border Crossing Card, and Form I-586, Nonresident Alien

Mexican Border Crossing Card. In addition, this rule prohibits the use of Form I-186 (previous version of Mexican Border

Crossing Card), Form I-185, and Form I-586 Border Crossing Cards (BCCs) after September 30, 2002, for required use of a

card containing a machine-readable biometric identifier for entry (such as the fingerprint or handprint of the alien). Under the

provisions of this rulemaking, an alien seeking entry into the United States by presentation of a BCC must complete a biometric

verification upon each entry.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 103; 8 CFR 212; 8 CFR 214; 8 CFR 235; 8 CFR 247; 8 CFR 264; 8 CFR 286; 8 CFR 299 (To search for

a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 552 to 552a; 8 USC 1101; 8 USC 1103; 8 USC 1182; 8 USC 1201; 8 USC 1225 to 1228; 8 USC

1252; 8 USC 1304; 8 USC 1356

Legal Deadline: 

Action Source Description Date

Other Statutory 10/01/2002 

Timetable:

Action Date FR Cite

Next Action Undetermined 

Interim Final Rule Effective 10/01/2002 

Interim Final Rule 12/02/2002 67 FR 71442 

Interim Final Rule Comment Period End 01/31/2003 

Additional Information: INS No. 1931-98 Transferred from RIN 1115-AF24

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: John P. Wagner 

Executive Director, Admissibility and Passenger Programs

Department of Homeland Security

U.S. Customs and Border Protection

Office of Field Operations 1300 Pennsylvania Avenue NW.

Washington , DC 20229 

Phone: 202 344-2118 

E-Mail: john.p.wagner@cbp.dhs.gov

Department of Homeland Security (DHS) 

U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA11

 View Related Documents

Title: Extension of 25-Mile Limit at Select Arizona Ports-of-Entry

Abstract: This rule amends the DHS regulations to extend the distance Mexican nationals with border crossing cards may

travel into the United States without obtaining additional immigration documentation at selected ports-of-entry (POEs) along the

United States and Mexico border. The selected POEs are located in the State of Arizona at Sasabe, Nogales, Mariposa,

Douglas, and Naco. Once visitors to Arizona meet the inspection requirements of legal entry to the United States, they will be

able to travel within the 75-mile border region of Arizona. This rule is intended to promote commerce in the southern Arizona

border area while still ensuring that sufficient safeguards are in place to prevent illegal entry to the United States.

Regulations.gov Friday, January 20, 2012 Unified Agenda

136
Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 235 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1182 and 1183; 8 USC 1201; ...

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

Interim Final Rule 12/08/1999 64 FR 68616 

Interim Final Rule Comment Period End 02/07/2000 

Additional Information: INS No. 2026-99 Transferred from RIN 1115-AF60

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: John P. Wagner 

Executive Director, Admissibility and Passenger Programs

Department of Homeland Security

U.S. Customs and Border Protection

Office of Field Operations 1300 Pennsylvania Avenue NW.

Washington , DC 20229 

Phone: 202 344-2118 

E-Mail: john.p.wagner@cbp.dhs.gov

Department of Homeland Security (DHS) 

U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA23

 View Related Documents

Title: Removal of Visa and Passport Waiver for Certain Permanent Residents of Canada and Bermuda

Abstract: Currently, certain permanent residents of Canada and Bermuda are permitted to enter the United States without a

visa. Many of these former British Commonwealth countries have high rates of fraud and abuse, and the documents presented

by these permanent residents, for entry to the United States, do not meet current document security standards. This rule

amends the DHS regulations by providing that a passport and visa will be required for permanent residents of Canada and

Bermuda having a common nationality with Canadian nationals or with British subjects in Bermuda. These permanent residents

of Canada and Bermuda will be required to present a passport and visa to enter the United States. This rule also amends

several other sections of the regulations that provide exceptions for these individuals based on the prior passport and visa

exemption. DHS is taking this action in conjunction with the Department of State. This rule is intended to increase security and

safeguard the United States.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 2; 8 CFR 212; 8 CFR 231; 8 CFR 235; 8 CFR 286 (To search for a specific CFR, visit the Code of

Federal Regulations ) 

Legal Authority: 8 USC 1101 to 1103; 8 USC 1182; 8 USC 1184; 8 USC 1187; 8 USC 1225 to 1227; ...

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

Interim Final Rule 01/31/2003 68 FR 5189 

Interim Final Rule Effective 03/17/2003 

Interim Final Rule Comment Period End 04/01/2003 

Additional Information: Transferred from RIN 1115-AG68

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

137
Agency Contact: John P. Wagner 

Executive Director, Admissibility and Passenger Programs

Department of Homeland Security

U.S. Customs and Border Protection

Office of Field Operations 1300 Pennsylvania Avenue NW.

Washington , DC 20229 

Phone: 202 344-2118 

E-Mail: john.p.wagner@cbp.dhs.gov

Department of Homeland Security (DHS) 

U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA29

 View Related Documents

Title: Nonimmigrant Visa Exemption for Nationals of the British Virgin Islands Entering the United States Through St. Thomas,

U.S. Virgin Islands

Abstract: This rule amends the Department of Homeland Security's regulations to allow nonimmigrant visitors for business or

pleasure who are nationals of the British Virgin Islands to apply for admission to the United States without a visa at the ports-ofentry of St. Thomas, U.S. Virgin Islands. Since visas are no longer issued from the British Virgin Islands by the Department of

State, all persons needing a nonimmigrant visa have to either travel or mail their applications to Barbados, the nearest visaissuing location. The Department's action will facilitate travel to the United States for nationals of the British Virgin Islands while

still ensuring that the proper application provisions of the Immigration and Nationality Act are met.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 212 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101 and 1102; 8 USC 1182; 8 USC 1184; 8 USC 1187; 8 USC 1225 to 1228; 8 USC 1252

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

Interim Final Rule 02/18/1999 64 FR 7989 

Interim Final Rule Comment Period End 04/18/1999 64 FR 7989 

Additional Information: Transferred from RIN 1115-AF28

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State

Small Entities Affected: No Federalism: No

Agency Contact: John P. Wagner 

Executive Director, Admissibility and Passenger Programs

Department of Homeland Security

U.S. Customs and Border Protection

Office of Field Operations 1300 Pennsylvania Avenue NW.

Washington , DC 20229 

Phone: 202 344-2118 

E-Mail: john.p.wagner@cbp.dhs.gov

Department of Homeland Security (DHS) 

U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA35

 View Related Documents

Title: Procedures Governing the Border Release Advanced Screening and Selectivity (BRASS) Program

Abstract: Amendment to part 142 of the Customs and Border Protection Regulations to provide for the Border Release

Advanced Screening and Selectivity (BRASS) Program, an improved automated and electronic system that will replace the Line

Release method of processing certain repetitive and high volume shipments of merchandise into the United States.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Regulations.gov Friday, January 20, 2012 Unified Agenda

138
Major: No Unfunded Mandates: No

CFR Citation: 19 CFR 24; 19 CFR 123; 19 CFR 132; 19 CFR 142 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 19 USC 66; 19 USC 1448; 19 USC 1484; 19 USC 1624

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

NPRM 02/01/2002 67 FR 4930 

NPRM Comment Period End 04/02/2002 

Additional Information: Transferred from RIN 1515-AC92

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Agency Contact: Enrique S. Tamayo 

Program Manager, Office of Field Operations

Department of Homeland Security

U.S. Customs and Border Protection

1300 Pennsylvania Avenue NW.

Washington , DC 20229 

Phone: 202 344-3112 

E-Mail: enrique.s.tamayo@dhs.gov

Department of Homeland Security (DHS) 

U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA38

 View Related Documents

Title: Access to Customs Security Areas at Airports

Abstract: Amendments to part 122 of the Customs and Border Protection regulations regarding the standards for employee

access to customs security areas at airports that accommodate international air commerce. Amendments involve the addition of

a biennial access approval reapplication requirement, an expansion of the grounds for denial of an application for access, the

addition of a requirement that each employee granted access must report certain changes in the employee's circumstances, the

inclusion of several new employer responsibilities, an expansion of the grounds for revocation or suspension of access and for

proposed revocation or suspension of access, and a limitation of the opportunity to have a hearing in a revocation or suspension

action to only cases in which there is a genuine issue regarding a material fact. These changes are needed to enhance the

security areas at all airports.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 19 CFR 122 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 19 USC 58b; 19 USC 66; 19 USC 1433; 19 USC 1436; 19 USC 1448 to 1459; 19 USC 1590; 19

USC 1594; 19 USC 1623 and 1624; 19 USC 1644 to 1644a

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

Interim Final Rule Effective 07/29/2002 

Interim Final Rule 07/29/2002 67 FR 48977 

Interim Final Rule Comment Period End 09/27/2002 

Additional Information: Transferred from RIN 1515-AD04

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Agency Contact: John P. Wagner 

Executive Director, Admissibility and Passenger Programs

Regulations.gov Friday, January 20, 2012 Unified Agenda

139
Department of Homeland Security

U.S. Customs and Border Protection

Office of Field Operations 1300 Pennsylvania Avenue NW.

Washington , DC 20229 

Phone: 202 344-2118 

E-Mail: john.p.wagner@cbp.dhs.gov

Department of Homeland Security (DHS) 

U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA40

 View Related Documents

Title: Passenger Name Record Information Required for Passengers on Flights in Foreign Air Transportation To or From the

United States

Abstract: Amendment to part 122 of the Customs and Border Protection regulations implements a provision of the Aviation

and Transportation Security Act, which requires that air carriers make Passenger Name Record (PNR) information available to

CBP upon request. The availability of PNR information is necessary for purposes of ensuring aviation safety and protecting

national security.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 19 CFR 122 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 19 USC 58b; 19 USC 66; 19 USC 1431; 19 USC 1433; 19 USC 1436; 19 USC 1448; 19 USC

1459; 19 USC 1590; 19 USC 1594; 19 USC 1623 and 1624; 19 USC 1644 to 1644a; 49 USC 44909(c)

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

Interim Final Rule Effective 06/25/2002 

Interim Final Rule 06/25/2002 67 FR 42710 

Interim Final Rule Comment Period End 08/26/2002 

Additional Information: Transferred from RIN 1515-AD06

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Agency Contact: Steven P. O'Neill 

Passenger Name Record Program Manager, Office of Field Operations

Department of Homeland Security

U.S. Customs and Border Protection

1300 Pennsylvania Avenue NW.

Washington , DC 20229 

Phone: 281 687-5816 

E-Mail: steven.oneill@dhs.gov

Department of Homeland Security (DHS) 

U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA60

 View Related Documents

Title: Extension of Time Limit on Admission of Certain Mexican Nationals

Abstract: The rule extends the period of time certain Mexican nationals may remain in the United States without obtaining

additional immigration documentation. The rule extends the time limit to which border crossing card holders may remain in the

United States for up to 30 days without being issued a Form I-94. The rule is intended to promote commerce along the border

while ensuring that sufficient safeguards are in place to prevent illegal entry into the United States.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

140
CFR Citation: 8 CFR 235 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1183; 8 USC 1185; ...

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 00/00/0000 

Interim Final Rule 08/13/2004 69 FR 50051 

Interim Final Rule Comment Period End 10/12/2004 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Agency Contact: Maureen Dugan

Acting Deputy Executive Director, National Targeting Center, Customs and Border Protection

Department of Homeland Security

U.S. Customs and Border Protection

1300 Pennsylvania Avenue NW.

Washington , DC 20229 

Phone: 202 344-2784 

E-Mail: marueen.dugan1@dhs.gov

Department of Homeland Security (DHS) 

U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA67

 View Related Documents

Title: Abbreviation or Waiver of Training for State or Local Law Enforcement Officers Authorized To Enforce Immigration Law

During a Mass Influx of Aliens

Abstract: This rule would amend DHS regulations to authorize the Secretary to waive normally required training requirements

in the event that the number of State or local law enforcement officers available to respond in an expeditious manner to urgent

and quickly developing events during a declared mass influx of aliens is insufficient to protect public safety, public health, and

national security.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 65 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 98-473; 8 USC 1101; PL 102-410

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

Interim Final Rule Effective 02/26/2003 

Interim Final Rule 02/26/2003 68 FR 8820 

Interim Final Rule Comment Period End 04/28/2003 

Additional Information: Transferred from RIN 1115-AG84

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State

Small Entities Affected: No Federalism: No

Agency Contact: Tom Bush 

Director, Analysis & Targeting

Department of Homeland Security

U.S. Customs and Border Protection

Office of Intelligence and Operations Coordination 1300 Pennsylvania Avenue NW.

Washington , DC 20229 

Phone: 202 344-2877 

E-Mail: thomas.l.bush@dhs.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

141
Department of Homeland Security (DHS) 

U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA85

 View Related Documents

Title: Academic Honorarium for B Nonimmigrant Aliens

Abstract: DHS is proposing to amend its regulations relating to the acceptance of academic honoraria by nonimmigrant aliens

admitted to the United States as a B visa visitor status. This is necessary to implement changes to section 212 of the

Immigration and Nationality Act made by the American Competitiveness and Workforce Improvement Act of 1998. The

amendment outlines the proposed procedures necessary for a nonimmigrant alien visiting the United States in valid B visa

status to accept honoraria in connection with usual academic activities.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 214 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 105-277; 8 USC 1182; 8 USC 1184

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/30/2002 67 FR 37727 

NPRM Comment Period End 07/29/2002 

Final Action 12/00/2012 

Additional Information: CIS No. 2100-00 Transferred from RIN 1115-AF97 Transferred from RIN 1615-AA44

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Rafael Henry

Program Manager, Office of Field Operations

Department of Homeland Security

U.S. Customs and Border Protection

1300 Pennsylvania Avenue NW.

Washington , DC 20229 

Phone: 202 344-3251 

E-Mail: rafael.e.henry@dhs.gov

Department of Homeland Security (DHS) 

U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA93

 View Related Documents

Title: Closing of the Port of Whitetail, Montana

Abstract: U.S. Customs and Border Protection (CBP) is proposing to close the port of entry of Whitetail, Montana. The

proposed change is part of CBP's continuing program to more efficiently utilize its personnel, facilities, and resources, and to

provide better service to carriers, importers, and the general public.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Major: Undetermined Unfunded Mandates: No

CFR Citation: 19 CFR 101.3(b)(1); 8 CFR 100.4(a) (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 6 USC 112; 6 USC 203; 6 USC 211; 8 USC 1103; 19 USC 2; 19 USC 66; 19 USC 1624

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 00/00/0000 

NPRM 08/24/2011 76 FR 52890 

NPRM Comment Period End 10/24/2011 

Regulations.gov Friday, January 20, 2012 Unified Agenda

142
Additional Information: Includes Retrospective Review under E.O. 13563.

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Roger Kaplan

Director, Programs and Policy, Office of Field Operations

Department of Homeland Security

U.S. Customs and Border Protection

1300 Pennsylvania Avenue NW.

Washington , DC 20229 

Phone: 202 325-4543 

E-Mail: roger.kaplan@dhs.gov

Department of Homeland Security (DHS) 

U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA75

 View Related Documents

Title: Issuance of an Arrival and Departure Form (I-94) Valid for Multiple Entries for Certain Aliens

Abstract: Under the current regulations, Customs and Border Protection (CBP) is required to issue a new Arrival and

Departure form (I-94) to an alien who has been granted an extended period of parole upon each entry to the United States. This

document announces that CBP is proposing to amend current regulations regarding the parole granted aliens for humanitarian

reasons and for the purpose of significant public benefit to allow CBP to issue one I-94 that would be valid multiple times to

aliens granted extended parole. Under this proposal, the I-94 would be valid for a specified pre-authorized period, rather than

requiring CBP to continue to re-issue subsequent I-94 multiple times during the specified parole period. At the suggestion of the

Office of Information and Regulatory Affairs, DHS has decided to withdraw this entry from the Unified Agenda until and unless

DHS takes further action on this regulation.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 212.5(e)(1)(i) (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1182(d)(5)(A); 8 USC 1101 and note; 8 USC 1102 and 1103; ...

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 12/31/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Xavier Rios

Assistant Chief, Office of Border Patrol

Department of Homeland Security

U.S. Customs and Border Protection

1300 Pennsylvania Avenue NW. Room 6.5A

Washington , DC 20229 

Phone: 202 344-2632 

E-Mail: xavier.l.rios@cbp.dhs.gov

Department of Homeland Security (DHS) 

U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA91

 View Related Documents

Title: Civil Monetary Penalties Inflation Adjustment

Abstract: The Debt Collection Improvement Act of 1996 (Improvement Act) requires the head of each government agency to

Regulations.gov Friday, January 20, 2012 Unified Agenda

143
adjust each civil monetary penalty within their jurisdiction every four years to ensure that the penalties maintain their deterrent

effect. This document amends the Department of Homeland Security (DHS) and the Department of Justice (DOJ) regulations, 8

CFR 280.53 and 8 CFR 1280.53, to adjust for inflation various civil monetary penalties assessed under the Immigration and

Nationality Act (INA). The adjusted penalties are calculated according to a statutory formula provided in the Federal Civil

Penalties Inflation Adjustment Act of 1990 (Adjustment Act).

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 280.53; 8 CFR 1280.53 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 28 USC 2461 note; PL 104-134, sec 31001

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 12/01/2011 76 FR 74625 

Final Action Effective 01/03/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Related Agencies: Joint : EOIR

Agency Contact: Joseph R. O'Donnell

Program Manager, Fines, Penalties and Forfeitures Division

Department of Homeland Security

U.S. Customs and Border Protection

Office of Field Operations 1300 Pennsylvania Avenue NW.

Washington , DC 20229 

Phone: 202 344-1691 

E-Mail: joseph.r.odonnell@dhs.gov

Department of Homeland Security (DHS) 

U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA92

 View Related Documents

Title: Changes to the In-Bond Process

Abstract: Under the U.S. Customs and Border Protection (CBP) regulations, imported merchandise may be transported inbond. This process allows imported merchandise to be entered at one U.S. port of entry without appraisement or payment of

duties and transported by a bonded carrier to another U.S. port of entry provided all statutory and regulatory conditions are met.

At the destination port, the merchandise is officially entered into the commerce of the United States and duties paid, or, the

merchandise is exported. This rule would make various changes to the in-bond regulations to enhance CBP's ability to regulate

and track in-bond merchandise and to ensure that the in-bond merchandise is properly entered and duties are paid or that the

in-bond merchandise is exported. Among other things, the proposed changes would eliminate the paper in-bond application

(CBP Form 7512) and require carriers or their agents to electronically file the in-bond application.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 19 CFR 4.82; 19 CFR 10.60; 19 CFR 12.5; 19 CFR 12.11; 19 CFR 18; 19 CFR 19.15; 19 CFR 113.63; 19 CFR

122.18; 19 CFR 123; 19 CFR 141.61; 19 CFR 142.18; 19 CFR 142.28; 19 CFR 143.1; 19 CFR 144; 19 CFR 146 (To search for

a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 19 USC 66; 19 USC 1448 and 1484; 19 USC 1490; 19 USC 1551 and 1551a; 19 USC 1552 to 1553a; 19

USC 1557 and 1565; 19 USC 1623 and 1624; 19 USC 1646a

Legal Deadline: None

Timetable:

Action Date FR Cite

This Rule is Now Assigned RIN 1515-AD81 07/20/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Related RINs: Merge with 1515-AD81

Regulations.gov Friday, January 20, 2012 Unified Agenda

144
Agency Contact: Gary Schreffler

Program Manager

Department of Homeland Security

U.S. Customs and Border Protection

1300 Pennsylvania Avenue NW.

Washington , DC 20229 

Phone: 202 344-1535 

E-Mail: gary.r.schreffler@dhs.gov

Department of Homeland Security (DHS) 

Transportation Security Administration ( TSA ) RIN: 1652-AA01

 View Related Documents

Title: Aviation Security Infrastructure Fees (ASIF)

Abstract: In a Final Rule the Transportation Security Administration (TSA) will complete an economic analysis, respond to

comments received and take final action on the February 20, 2002, interim final rule (IFR). The IFR established the Aviation

Security Infrastructure Fee (ASIF) imposed on air carriers and foreign air carriers in air transportation, foreign air transportation,

and intrastate air transportation to help defray TSA's costs of providing U.S. civil aviation security services. The Aviation and

Transportation Security Act (ATSA) (Pub. L. 107-71; Nov. 19, 2001), codified at 49 U.S.C. 44940, requires TSA to impose a

uniform fee, the "September 11th Security Fee," on certain aviation passengers at no more than $2.50 per enplanement

originating in the United States, up to $5.00 per one-way trip and $10.00 per round trip. To the extent that TSA estimates that

the September 11th Security Fee will not cover TSA's estimated annual costs for providing specified security services, ATSA

authorizes TSA to impose a second fee, the ASIF, on carriers based on the costs they incurred for screening passengers and

property in calendar year 2000.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 49 CFR 1511 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 49 USC 114; 49 USC 40113; 49 USC 44901; 49 USC 44940

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 02/18/2002 

Notice--Information Collection; Approval 02/28/2002 67 FR 9355 

Interim Final Rule; Fed Reg Correction 02/25/2002 67 FR 8579 

Interim Final Rule 02/20/2002 67 FR 7926 

Interim Final Rule; Comment Period End 03/18/2002 

Interim Final Rule; Comment Period Extended 03/20/2002 67 FR 12954 

Interim Final Rule; Extension of Comment Period End 04/02/2002 

Notice--Guidance Appendix A 05/01/2002 67 FR 21582 

Notice-Information Collection; 60-Day New Collection 01/27/2004 69 FR 3938 

Notice-Information Collection; 30-Day New Collection 05/18/2004 69 FR 28141 

Notice-Information Collection; 60-Day Renewal 05/09/2007 72 FR 26417 

Notice-Information Collection; 30-Day Renewal 09/06/2007 72 FR 51238 

Notice-Information Collection; 60-Day Renewal Records Retention 03/04/2010 75 FR 9920 

Notice-Information Collection; 30-Day Renewal Records Retention 08/05/2010 75 FR 47311 

NPRM 12/00/2012 

Additional Information: Transferred from RIN 2110-AA02 Includes Retrospective Review under E.O. 13563

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

Related RINs: Related to 1652-AA00; Related to 1652-AA43

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

Regulations.gov Friday, January 20, 2012 Unified Agenda

145
Arlington , VA 20598-6014 

Phone: 571 227-1081 

FAX: 571 227-2904

E-Mail: michael.gambone@dhs.gov

Agency Contact: 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

Agency Contact: Traci Klemm

Senior Counsel, Regulations and Security Standards Division

Department of Homeland Security

Transportation Security Administration

Office of the Chief Counsel TSA-2, E12-335N 601 South 12th Street

Arlington , VA 20598-6002 

Phone: 571 227-3596 

E-Mail: traci.klemm@dhs.gov

Department of Homeland Security (DHS) 

Transportation Security Administration ( TSA ) RIN: 1652-AA43

 View Related Documents

Title: Modification of the Aviation Security Infrastructure Fee (ASIF) (Market Share)

Abstract: On February 20, 2002 (67 FR 7926), the Transportation Security Administration (TSA) published an interim final rule

(IFR) that established the Aviation Security Infrastructure Fee (ASIF), which is imposed on air carriers and foreign air carriers in

air transportation, foreign air transportation, and intrastate air transportation to help defray TSA's costs of providing U.S. civil

aviation security services. TSA is developing a notice of proposed rulemaking (NPRM) that will propose to amend current ASIF

requirements, see 49 CFR part 1511, by modifying the method that TSA uses to assess the ASIF, reapportioning the amount to

be paid per airline. The NPRM will also respond to any comments submitted regarding the IFR. 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.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 49 CFR 1511 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 49 USC 44901; 49 USC 44940

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice; Requesting Comment-Imposition of the Aviation Security

Infrastructure Fee (ASIF) 11/05/2003 68 FR 62613 

Notice--Imposition of ASIF; Comment Period Extended 12/31/2003 68 FR 75611 

Notice--Imposition of ASIF; Comment Period End 01/05/2004 

Notice--Imposition of ASIF; Extended Comment Period End 02/05/2004 

NPRM 12/00/2012 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

Related RINs: Related to 1652-AA00; Related to 1652-AA01

Agency Contact: Michael Gambone

Deputy Director, Office of Revenue

Department of Homeland Security

Transportation Security Administration

Regulations.gov Friday, January 20, 2012 Unified Agenda

146
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

Agency Contact: 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

Agency Contact: Traci Klemm

Senior Counsel, Regulations and Security Standards Division

Department of Homeland Security

Transportation Security Administration

Office of the Chief Counsel TSA-2, E12-335N 601 South 12th Street

Arlington , VA 20598-6002 

Phone: 571 227-3596 

E-Mail: traci.klemm@dhs.gov

Department of Homeland Security (DHS) 

Transportation Security Administration ( TSA ) RIN: 1652-AA53

 View Related Documents

Title: General Aviation Security and Other Aircraft Operator Security

Abstract: On October 30, 2008, the Transportation Security Administration (TSA) issued a Notice of Proposed Rulemaking

(NPRM), proposing to amend current aviation transportation security regulations to enhance the security of general aviation by

expanding the scope of current requirements, and by adding new requirements for certain large aircraft operators and airports

serving those aircraft. TSA also proposed that all aircraft operations, including corporate and private charter operations, with

aircraft having a maximum certificated takeoff weight (MTOW) above 12,500 pounds (large aircraft) be required to adopt a large

aircraft security program. TSA also proposed to require certain airports that serve large aircraft to adopt security programs. TSA

is preparing a supplemental NPRM (SNPRM), which will include a comment period for public comments. After considering

comments received on the NPRM and meeting with stakeholders, TSA decided to revise the original proposal to tailor security

requirements to the general aviation industry. TSA is considering alternatives to the following proposed provisions in the

SNPRM: (1) The type of aircraft subject to TSA regulation; (2) compliance oversight; (3) watch list matching of passengers; (4)

prohibited items; (5) scope of the background check requirements and the procedures used to implement the requirement; and

(6) other issues. Additionally, in the SNPRM, TSA plans to propose security measures for foreign aircraft operators. U.S. and

foreign operators would implement commensurate measures under the proposed rule.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Yes Unfunded Mandates: Private Sector

CFR Citation: 49 CFR 1515; 49 CFR 1520; 49 CFR 1522; 49 CFR 1540; 49 CFR 1542; 49 CFR 1544; 49 CFR 1550 (To

search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 6 USC 469; 18 USC 842; 18 USC 845; 46 USC 70102 to 70106; 46 USC 70117; 49 USC 114; 49 USC

114(f)(3); 49 USC 5103; 49 USC 5103a; 49 USC 40113; 49 USC 44901 to 44907; 49 USC 44913 to 44914; 49 USC 44916 to

44918; 49 USC 44932; 49 USC 44935 to 44936; 49 USC 44942; 49 USC 46105

Legal Deadline: None

Regulatory Plan:

Statement of Need: This rule would enhance current security measures and might apply security measures currently in place

for operators of certain types of aircraft to operators of other aircraft, including general aviation operators. While the focus of

TSA's existing aviation security programs has been on air carriers and commercial operators, TSA is aware that general aviation

aircraft of sufficient size and weight may inflict significant damage and loss of lives if they are hijacked and used as missiles.

TSA has current regulations that apply to large aircraft operated by air carriers and commercial operators, including the twelvefive program, the partial program, and the private charter program. However, the current regulations in 49 CFR part 1544 do

not cover all general aviation operations, such as those operated by corporations and individuals, and such operations do not

have the features that are necessary to enhance security. Therefore, TSA is preparing a SNPRM which proposes to establish

Regulations.gov Friday, January 20, 2012 Unified Agenda

147
new security measures for operators, including general aviation operators, that are not covered under TSA's current regulations.

Legal Basis: 49 U.S.C. 114, 40113, 44903.

Alternatives: DHS considered continuing to use voluntary guidance to secure general aviation, but determined that to ensure

that each aircraft operator maintains an appropriate level of security, these security measures would need to be mandatory

requirements.

Costs and Benefits: TSA has not quantified benefits. Unquantified benefits of this rule include those in the areas of security

and quality governance. The rule would enhance security by expanding the mandatory use of security measures to certain

operators of large aircraft that are not currently required to have a security plan. These measures would deter malicious

individuals from perpetrating acts that might compromise transportation or national security by using large aircraft for these

purposes. As stated above, TSA is revising this proposed rule and preparing a SNPRM. Aircraft operators, passengers, and

TSA would incur costs to comply with the requirements of the proposed rule. TSA is currently evaluating the costs of the

revised rule which will be published in the SNPRM. TSA uses a break-even analysis to assess the trade-off between the

beneficial effects of the SNPRM and the costs of implementing the rulemaking. This break-even analysis uses scenarios

extracted from the TSA Transportation Sector Security Risk Assessment (TSSRA) to determine the degree to which the SNPRM

must reduce the overall risk of a terrorist attack in order for the expected benefits of the SNPRM to justify the estimated costs.

For its analyses, TSA uses scenarios with varying levels of risk, but only details the consequence estimates. To maintain

consistency, TSA developed the analyses with a method similar to that used for the break-even analyses conducted in earlier

DHS rules. After estimating the total consequences of each scenario by monetizing lives lost, injuries incurred, capital

replacement, and clean-up, TSA will use this figure and the annualized cost of the SNPRM to calculate the frequency of

attacks averted in order for the SNPRM to break even.

Risks: This rulemaking addresses the national security risk of general aviation aircraft being used as a weapon or as a means

to transport persons or weapons that could pose a threat to the United States.

Timetable:

Action Date FR Cite

NPRM 10/30/2008 73 FR 64790 

Notice--NPRM Comment Period Extended 11/25/2008 73 FR 71590 

Notice--Public Meetings; Requests for Comments 12/28/2008 73 FR 77045 

NPRM Comment Period End 12/29/2008 

NPRM Extended Comment Period End 02/27/2009 

Supplemental NPRM 09/00/2012 

Additional Information: Public Meetings held on: Jan. 6, 2009, at White Plains, NY; Jan. 8, 2009, at Atlanta, GA; Jan 16, 2009,

at Chicago, IL; Jan. 23, 2009, at Burbank, CA; and Jan. 28, 2009, at Houston, TX. Additional Comment Sessions held in

Arlington, VA, on April 16, 2009, May 6, 2009, and June 15, 2009.

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Local

Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Related RINs: Related to 1652-AA03; Related to 1652-AA04

Agency Contact: Erik Jensen

Assistant General Manager, General Aviation Security

Department of Homeland Security

Transportation Security Administration

Office of Transportation Sector Network Management TSA-28, HQ, E10-132S 601 South 12th Street

Arlington , VA 20598-6028 

Phone: 571 227-2154 

FAX: 571 227-1923

E-Mail: erik.jensen@dhs.gov

Agency Contact: 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

Regulations.gov Friday, January 20, 2012 Unified Agenda

148
E-Mail: thomas.philson@dhs.gov

Agency Contact: Denise Daniels

Attorney, Regulations and Security Standards Division

Department of Homeland Security

Transportation Security Administration

Office of the Chief Counsel TSA-2, HQ, E12-127S 601 South 12th Street

Arlington , VA 20598-6002 

Phone: 571 227-3443 

FAX: 571-227-1381

E-Mail: denise.daniels@dhs.gov

Agency Contact: Kiersten Ols

Attorney, Regulations and Security Standards Division

Department of Homeland Security

Transportation Security Administration

Office of the Chief Counsel TSA-2, HQ, E12-316N 601 South 12th Street

Arlington , VA 20598-6002 

Phone: 571 227-2403 

FAX: 571 227-1378

E-Mail: kiersten.ols@dhs.gov

Department of Homeland Security (DHS) 

Transportation Security Administration ( TSA ) RIN: 1652-AA54

 View Related Documents

Title: Sensitive Security Information: Disclosure in Federal Civil Court Proceedings

Abstract: The Transportation Security Administration (TSA) is proposing to revise its regulations governing the protection of

Sensitive Security Information (SSI) to implement section 525(d) of the U.S. Department of Homeland Security (DHS)

Appropriations Act of 2007, which grants civil litigants or their counsel who do not currently have a need to know SSI access to

specific SSI in Federal district court proceedings, if certain requirements are met. Sensitive Security Information is primarily

information that would be detrimental to transportation security or safety if publicly disclosed. This proposed rule would establish

an administrative process by which a limited number of individuals representing parties in Federal civil court proceedings would

apply to TSA for access to SSI for use in the litigation.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 49 CFR 1515; 49 CFR 1520 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 49 USC 114; PL 109-295, sec 525; PL 110-161, sec 522; PL 110-329, sec 510; PL 111-83, sec 510

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Holly Dickens

Deputy Chief, Sensitive Security Information (SSI) Program

Department of Homeland Security

Transportation Security Administration

Office of Security Services & Assessments, OLE/FAMS TSA-18, HQ, E11-123S 601 South 12th Street

Arlington , VA 20598-6018 

Phone: 571 227-3723 

E-Mail: ssi@dhs.gov

Agency Contact: 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 

Regulations.gov Friday, January 20, 2012 Unified Agenda

149
Phone: 571 227-3236 

FAX: 571 227-1362

E-Mail: thomas.philson@dhs.gov

Agency Contact: John Vergelli

Attorney, Regulations and Security Standards Division

Department of Homeland Security

Transportation Security Administration

DHS, TSA, Office of the Chief Counsel TSA-2, HQ, E12-309N 601 South 12th Street

Arlington , VA 20598-6002 

Phone: 571 227-4416 

FAX: 571 227-1378

E-Mail: john.vergelli@dhs.gov

Department of Homeland Security (DHS) 

Transportation Security Administration ( TSA ) RIN: 1652-AA55

 View Related Documents

Title: Freight Railroads, Public Transportation and Passenger Railroads, and Over-the-Road Buses--Security Training of

Employees

Abstract: The Transportation Security Administration (TSA) will propose a new regulation to improve the security of freight

railroads, public transportation and passenger railroads, and over-the-road buses in accordance with the Implementing

Recommendations of the 9/11 Commission Act of 2007. This rulemaking will propose general requirements for the

owner/operators of a freight railroad, a public transportation system or passenger railroad, and over-the-road bus operation

determined by TSA to be high-risk to develop and implement a security training program to prepare security-sensitive

employees, including frontline employees identified in sections 1402 and 1501 of the Act, for potential security threats and

conditions. The rulemaking will also propose extending the security coordinator and reporting security incident requirements

applicable to rail operators under current 49 CFR part 1580 to the non-rail transportation components of covered public

transportation agencies. In addition, the rulemaking will also propose requiring the affected over-the-road bus owner/operators

to identify security coordinators and report security incidents, similar to the requirements for rail in current 49 CFR 1580. The

regulation will take into consideration any current security training requirements or best practices.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 49 CFR 1520; 49 CFR 1570; 49 CFR 1580; 49 CFR 1582 (New); 49 CFR 1584 (New) (To search for a specific

CFR, visit the Code of Federal Regulations ) 

Legal Authority: 49 USC 114; PL 110-53, secs 1408, 1517, and 1534

Legal Deadline: According to section 1408 of Public Law 110-53, Implementing Recommendations of the 9/11 Commission Act

of 2007 (Aug. 3, 2007; 121 Stat. 266), interim final regulations for public transportation agencies are due 90 days after the date

of enactment (Nov. 1, 2007), and final regulations are due 1 year after the date of enactment of this Act.

Action Source Description Date

Other Statutory Interim Rule for public transportation agencies is due 90 days after date

of enactment. 11/01/2007 

Other Statutory Rule for railroads and over-the-road buses are due 6 months after date

of enactment. 02/03/2008 

Other Statutory Rule for public transportation agencies is due 1 year after date of

enactment. 08/03/2008 

Regulatory Plan:

Statement of Need: A security training program for freight railroads, public transportation agencies and passenger railroads,

and over-the-road bus operations is proposed to prepare freight railroad security-sensitive employees, public transportation and

passenger railroad security-sensitive employees, and over-the-road bus security sensitive employees for potential security

threats and conditions.

Legal Basis: 49 U.S.C. 114; sections 1408, 1517, and 1534 of Public Law 110-53, Implementing Recommendations of the

9/11 Commission Act of 2007 (Aug. 3, 2007; 121 Stat. 266).

Alternatives: TSA is required by statute to publish regulations requiring security training programs for these owner/operators.

As part of its notice of proposed rulemaking, TSA will seek public comment on the alternative ways in which the final rule could

carry out the requirements of the statute.

Costs and Benefits: TSA will estimate the costs that the freight railroad systems, public transportation agencies and

Regulations.gov Friday, January 20, 2012 Unified Agenda

150
passenger railroads, and over-the-road bus (OTRB) entities covered by this proposed rule would incur following its

implementation. These costs will include estimates for the following elements: (1) Creating or modifying a security training

program and submitting it to TSA; (2) Training (initial and recurrent) all security-sensitive employees; (3) Maintaining records of

employee training; (4) Being available for inspections; (5) As applicable, providing information on security coordinators and

alternates; and (6) As applicable, reporting security concerns. TSA will also estimate the costs TSA itself would expect to incur

with the implementation of this rule. TSA has not quantified benefits. However, the primary benefit of the Security Training

NPRM will be to enhance United States surface transportation security by reducing the vulnerability of freight railroad systems,

public transportation agencies, and passenger railroads to terrorist activity through the training of security-sensitive employees.

TSA uses a break-even analysis to assess the trade-off between the beneficial effects of the Security Training NPRM and the

costs of implementing the rulemaking. This break-even analysis uses scenarios extracted from the TSA Transportation Sector

Security Risk Assessment (TSSRA) to determine the degree to which the Security Training NPRM must reduce the overall risk

of a terrorist attack in order for the expected benefits of the NPRM to justify the estimated costs. For its analyses, TSA uses

scenarios with varying levels of risk, but only details the consequence estimates. To maintain consistency, TSA developed the

analyses with a method similar to that used for the break-even analyses conducted in earlier DHS rules. After estimating the

total consequence of each scenario by monetizing lives lost, injuries incurred, and capital replacement and clean-up, TSA will

use this figure and the annualized cost of the NPRM for freight rail, public transportation and passenger rail, and OTRB

operators to calculate a breakeven annual likelihood of attack.

Risks: The Department of Homeland Security aims to prevent terrorist attacks within the United States and to reduce the

vulnerability of the United States to terrorism. By providing for security training for personnel, TSA intends in this rulemaking to

reduce the risk of a terrorist attack on this transportation sector.

Timetable:

Action Date FR Cite

NPRM 05/00/2012 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Local

Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Related RINs: Related to 1652-AA57; Related to 1652-AA59

Agency Contact: Scott Gorton

Policy and Plans Branch Chief for Freight Rail

Department of Homeland Security

Transportation Security Administration

Office of Transportation Sector Network Management TSA-28, HQ, E10-423N 601 South 12th Street

Arlington , VA 20598-6028 

Phone: 571 227-1251 

FAX: 571 227-2930

E-Mail: scott.gorton@dhs.gov

Agency Contact: David Kasminoff

Sr. Counsel, Regulations and Security Standards Division

Department of Homeland Security

Transportation Security Administration

Office of the Chief Counsel TSA-2, HQ, E12-310N 601 South 12th Street

Arlington , VA 20598-6002 

Phone: 571 227-3583 

FAX: 571 227-1378

E-Mail: david.kasminoff@dhs.gov

Agency Contact: Steve Sprague

Highway Passenger, Infrastructure and Licensing Branch Chief; Highway and Motor Carrier Programs

Department of Homeland Security

Transportation Security Administration

Office of Transportation Sector Network Management TSA-28, HQ, E 601 South 12th Street

Arlington , VA 20598-6028 

Phone: 571 227-1468 

E-Mail: steve.sprague@dhs.gov

Department of Homeland Security (DHS) 

Transportation Security Administration ( TSA ) RIN: 1652-AA56

 View Related Documents

Regulations.gov Friday, January 20, 2012 Unified Agenda

151
Title: Freight Railroads and Passenger Railroads--Vulnerability Assessment and Security Plan

Abstract: The Transportation Security Administration (TSA) will propose a new regulation to improve the security of freight

railroads and passenger railroads in accordance with the Implementing Recommendations of the 9/11 Commission Act of 2007.

This rulemaking will propose thresholds for which a risk determination can be made to determine whether a freight railroad and

passenger railroad should be considered "high risk." The rulemaking will also propose requirements for vulnerability

assessments and security plans for owner/operators of those railroads. The proposed requirements include procedures for TSA's

review and approval of these assessments and plans, and recordkeeping requirements. The regulation will take into

consideration any current security assessment and planning requirements or best practices.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 49 CFR 1520; 49 CFR 1570; 49 CFR 1580; 49 CFR 1582 (New) (To search for a specific CFR, visit the Code of

Federal Regulations ) 

Legal Authority: 49 USC 114; PL 110-53, sec 1512

Legal Deadline: According to section 1512 of Public Law 110-53, Implementing Recommendations of the 9/11 Commission Act

of 2007 (Aug. 3, 2007; 121 Stat. 266), a final regulation for freight railroads and passenger railroads is due no later than 12

months after the date of enactment of the Act.

Action Source Description Date

Other Statutory Rule for freight railroads and passenger railroads is due no later than 12

months after date of enactment. 08/03/2008 

Regulatory Plan:

Statement of Need: The rulemaking will propose requirements for owner/operators of high-risk freight railroads and high-risk

passenger railroads to conduct vulnerability assessments and carry-out security plans to address the railroad carrier's

preparedness and response for potential security threats and conditions.

Legal Basis: 49 U.S.C. 114; section 1512 of Public Law 110-53, Implementing Recommendations of the 9/11 Commission

Act of 2007 (Aug. 3, 2007; 121 Stat. 266).

Alternatives: TSA is required by statute to publish regulations requiring vulnerability assessments and security plans for

owner/operators of high-risk freight railroads and high-risk passenger railroads. As part of its notice of proposed rulemaking,

TSA will seek public comment on the alternative ways in which the final rule could carry out the requirements of the statute.

Costs and Benefits: TSA will estimate the costs that the freight rail systems and passenger railroad carriers covered by this

proposed rule would incur following its implementation. These costs will include estimates for the following elements: (1)

Completing, modifying, or updating a vulnerability assessment and submitting it to TSA; (2) Developing, modifying, or updating

a security plan and submitting it to TSA; (3) Implementing a security plan; (4) Maintaining records, including master copies of

the vulnerability assessment and security plan and all plans or documents referenced in the security plan; and (5) Being

available for inspection. The expected primary benefit of the Vulnerability Assessment and Security Plan NPRM will be to

enhance U.S. surface transportation security by reducing vulnerability to terrorist attacks in two different ways. First,

vulnerability assessments, as required in this proposed rule, would identify assets and infrastructure that are critical to

owner/operators and provide an assessment of security risks that need to be mitigated at these locations. Second, in an effort

to mitigate security risks, security plans would help target resources and mitigation strategies toward security gaps in an

owner/operator's specific freight or passenger railroad operation to address the risks identified by the vulnerability assessments.

TSA has not quantified benefits. For the purposes of this rulemaking, TSA employs a break even analysis to compare the cost

of the risk reduction resulting from the proposed rule with the dollar value of the type of terrorist attacks that could potentially be

averted due to the requirements in the proposed rule. This provides a framework for evaluating the tradeoff between program

costs and benefits. For purposes of this analysis, TSA evaluates three scenarios in the freight rail mode of surface

transportation and three scenarios in the passenger railroad mode of surface transportation covered by the proposed rule. For

each scenario, TSA calculates a total monetary consequence from an estimated statistical value of the human casualties and

capital replacement resulting from the attack. TSA compared an expected value of the monetary cost of an attack to the each

rail mode and TSA's annualized cost of conducting vulnerability assessments and implementing security plans, discounted at 7

percent, to estimate how often an attack of that nature would need to be averted for the expected benefits to equal estimated

costs. For a given level of pre-existing or baseline risk of an attack, the calculation of the break-even point—the reduction in

baseline risk for which the estimated costs and expected benefits are equal—and a detailed description of each scenario is

presented in the regulatory evaluation for this NPRM.

Risks: The Department of Homeland Security aims to prevent terrorist attacks within the United States and to reduce the

vulnerability of the United States to terrorism. By providing for owner/operators of high-risk freight railroads and owner/operators

of high-risk passenger railroads to conduct vulnerability assessments and adopt and carry out security plans, TSA intends in

this rulemaking to reduce the risk of a terrorist attack on the passenger rail transportation sector.

Timetable:

Action Date FR Cite

Regulations.gov Friday, January 20, 2012 Unified Agenda

152
NPRM 09/00/2012 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Local

Federalism: Undetermined

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Related RINs: Related to 1652-AA58; Related to 1652-AA60

Agency Contact: Scott Gorton

Policy and Plans Branch Chief for Freight Rail

Department of Homeland Security

Transportation Security Administration

Office of Transportation Sector Network Management TSA-28, HQ, E10-423N 601 South 12th Street

Arlington , VA 20598-6028 

Phone: 571 227-1251 

FAX: 571 227-2930

E-Mail: scott.gorton@dhs.gov

Agency Contact: David Kasminoff

Sr. Counsel, Regulations and Security Standards Division

Department of Homeland Security

Transportation Security Administration

Office of the Chief Counsel TSA-2, HQ, E12-310N 601 South 12th Street

Arlington , VA 20598-6002 

Phone: 571 227-3583 

FAX: 571 227-1378

E-Mail: david.kasminoff@dhs.gov

Agency Contact: Morvarid Zolghadr

Branch Chief, Policy and Plans, Mass Transit and Passenger Rail Security

Department of Homeland Security

Transportation Security Administration

Office of Transportation Sector Network Management TSA-28, E10-113S 601 South 12th Street

Arlington , VA 20598-6028 

Phone: 571 227-2957 

FAX: 571 227-0729

E-Mail: morvarid.zolghadr@dhs.gov

Department of Homeland Security (DHS) 

Transportation Security Administration ( TSA ) RIN: 1652-AA61

 View Related Documents

Title: Standardized Vetting, Adjudication, and Redress Services

Abstract: The Transportation Security Administration (TSA) will propose new regulations to revise and standardize the

procedures, adjudication criteria, and fees for most of the security threat assessments (STA) of individuals for which TSA is

responsible. In accordance with the Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11 Act), the scope

of the rulemaking will include transportation workers from all modes of transportation who are required to undergo an STA in

other regulatory programs, including certain aviation workers and frontline employees for public transportation agencies and

railroads. In addition, TSA will propose fees to cover the cost of the STAs, and credentials for some personnel. TSA plans to

improve efficiencies in processing STAs and streamline existing regulations by simplifying language and removing

redundancies. As part of this proposed rule, TSA will propose revisions to the Alien Flight Student Program (AFSP) regulations.

TSA published an interim final rule for ASFP on September 20, 2004. TSA regulations require aliens seeking to train at Federal

Aviation Administration-regulated flight schools to complete an application and undergo an STA prior to beginning flight training.

There are four categories under which students currently fall; the nature of the STA depends on the student's category. TSA is

considering changes to the AFSP that would improve the equity among fee payers and enable the implementation of new

technologies to support vetting.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 49 USC 114; PL 110-53, secs 1411, 1414, 1520, 1522, 1602; 6 USC 469

Legal Deadline: None

Regulations.gov Friday, January 20, 2012 Unified Agenda

153
Regulatory Plan:

Statement of Need: Through this rulemaking, TSA proposes to carry out statutory mandates to perform security threat

assessments (STA) of certain transportation workers pursuant to the 9/11 Act. Also, TSA proposes to fully satisfy 6 U.S.C. 469,

which requires TSA to fund security threat assessment and credentialing activities through user fees. The proposed rulemaking

would increase transportation security by enhancing identification and immigration verification standards, providing for more

thorough vetting, improving the reliability and consistency of the vetting process, and increasing fairness to vetted individuals by

providing more robust redress and reducing redundant STA requirements.

Legal Basis: 49 U.S.C. 114(f): Under the Aviation and Transportation Security Act (ATSA) (Pub. L. 170-71, Nov. 19, 2001,

115 Stat. 597), TSA assumed responsibility to oversee the vetting of certain aviation workers. See 49 U.S.C. 44936. Under the

Maritime Transportation Security Act (MTSA), (Pub. L. 107-295, sec. 102, Nov. 25, 2002, 116 Stat. 2064), codified at 46 U.S.C.

70105, TSA vets certain merchant mariners and individuals who require unescorted access to secure areas of vessels and

maritime facilities. Under the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and

Obstruct Terrorism Act (USA PATRIOT Act) (Pub. L. 107-56, Oct. 25, 2001, 115 Stat. 272), TSA vets individuals seeking

hazardous materials endorsements (HME) to commercial driver's licenses (CDL) issued by the States. In the Implementing

Recommendation of the 9/11 Commission Act of 2007 (Pub. L. 110-53, Aug. 3, 2007, 121 Stat. 266), Congress directed TSA

to vet additional populations of transportation workers, including certain public transportation and railroad workers. In 6 U.S.C.

469, Congress directed TSA to fund vetting and credentialing programs through user fees.

Alternatives: TSA considered a number of viable alternatives to lessen the impact of the proposed on entities deemed "small"

by the Small Business Administration (SBA) standards. This included: (1) Extending phone pre-enrollment to populations

eligible to enroll via the web; and (2) changing the current delivery and activation process and instituting centralized activation

of biometric credentials that allow applicants to receive their credentials through the mail rather than returning to the enrollment

center to pick up the credential. These alternatives are discussed in detail in the rule and regulatory evaluation.

Costs and Benefits: TSA conducted a regulatory evaluation to estimate the costs regulated entities, individuals, and TSA

would incur to comply with the requirements of the NPRM. The NPRM would impose new requirements for some individuals,

codify existing requirements not included in the Code of Federal Regulations (CFR), and modify current STA requirements for

many transportation workers. The primary benefit of the NPRM would be that it will improve TSA's vetting product, process, and

structure by improving STAs, increasing equity, decreasing reliance on appropriated funds, and improving reusability of STAs

and mitigating redundant STAs. TSA has not quantified benefits. TSA uses a break-even analysis to assess the trade-off

between the beneficial effects of the NPRM and the costs of implementing the rulemaking. This break-even analysis uses

scenarios from the TSA Transportation Sector Security Risk Assessment (TSSRA) to determine the degree to which the NPRM

must reduce the overall risk of a terrorist attack in order for the expected benefits of the NPRM to justify the estimated costs.

For its analyses, TSA uses scenarios with varying levels of risk, but only details the consequence estimates. To maintain

consistency, TSA developed the analyses with a method similar to that used for the break-even analyses conducted in earlier

DHS rules. After estimating the total consequences of each scenario by monetizing lives lost, injuries incurred, capital

replacement, and clean-up, TSA will use this figure and the annualized cost of the NPRM to calculate the frequency of attacks

averted in order for the NPRM to break even. TSA estimates that the total savings to the alien flight students, over a 5-year

period, will be $18,107 at a 7 percent discount rate.

Risks:

Timetable:

Action Date FR Cite

NPRM 08/00/2012 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Energy Affected: No

Related RINs: Related to 1652-AA35

Agency Contact: Hao-y Tran Froemling 

Program Manager, Maritime and Surface Credentialing

Department of Homeland Security

Transportation Security Administration

Office of Transportation Threat Assessment and Credentialing TSA-19, HQ, E3-401N 601 South 12th Street

Arlington , VA 20598-6019 

Phone: 571 227-2782 

E-Mail: hao-y.froemling@dhs.gov

Agency Contact: 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

Regulations.gov Friday, January 20, 2012 Unified Agenda

154
Arlington , VA 20598-6028 

Phone: 571 227-3236 

FAX: 571 227-1362

E-Mail: thomas.philson@dhs.gov

Agency Contact: John Vergelli

Attorney, Regulations and Security Standards Division

Department of Homeland Security

Transportation Security Administration

DHS, TSA, Office of the Chief Counsel TSA-2, HQ, E12-309N 601 South 12th Street

Arlington , VA 20598-6002 

Phone: 571 227-4416 

FAX: 571 227-1378

E-Mail: john.vergelli@dhs.gov

Department of Homeland Security (DHS) 

Transportation Security Administration ( TSA ) RIN: 1652-AA38

 View Related Documents

Title: Aircraft Repair Station Security

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.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 49 CFR 1554 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 49 USC 114; 49 USC 44924

Legal Deadline: Section 611(b)(1) of Vision 100--Century of Aviation Reauthorization Act (Pub. L. 108-176; Dec. 12, 2003;

117 Stat. 2490), codified at 49 U.S.C. 44924, requires TSA issue “final regulations to ensure the security of foreign and

domestic aircraft repair stations.” Section 1616 of the Implementing Recommendations of the 9/11 Commission Act of 2007

(Pub. L. 110–531; Aug. 3, 2007; 21 Stat. 266) requires TSA issue a final rule on foreign repair station security.

Action Source Description Date

Other Statutory Rule within 240 days of the date of enactment of Vision 100. 08/08/2004 

Other Statutory Rule within 1 year after the date of enactment of 9/11 Commission Act. 08/03/2008 

Regulatory Plan:

Statement of Need: The Transportation Security Administration (TSA) is proposing regulations to improve the security of

domestic and foreign aircraft repair stations. The NPRM proposed to require repair stations that are certificated by the Federal

Aviation Administration to adopt and carry out a security program. The proposal will codify the scope of TSA's existing

inspection program. The proposal also provides procedures for repair stations to seek review of any TSA determination that

security measures are deficient.

Legal Basis: Section 611(b)(1) of Vision 100-Century of Aviation Reauthorization Act (Pub. L. 108-176; Dec. 12, 2003; 117

Stat. 2490), codified at 49 U.S.C. 44924, requires TSA to issue "final regulations to ensure the security of foreign and domestic

aircraft repair stations" within 240 days from date of enactment of Vision 100. Section 1616 of Public Law 110-53, Implementing

Recommendations of the 9/11 Commission Act of 2007 (Aug. 3, 2007; 121 Stat. 266) requires that the FAA may not certify any

foreign repair stations if the regulations are not issued within 1 year after the date of enactment of the 9/11 Commission Act

unless the repair station was previously certificated or is in the process of certification.

Alternatives: TSA is required by statute to publish regulations requiring security programs for aircraft repair stations. As part of

its notice of proposed rulemaking, TSA sought public comment on the numerous alternative ways in which the final rule could

carry out the requirements of the statute.

Costs and Benefits: TSA anticipates costs to aircraft repair stations mainly related to the establishment of security programs,

Regulations.gov Friday, January 20, 2012 Unified Agenda

155
which may include adding such measures as access controls, a personnel identification system, security awareness training,

the designation of a security coordinator, employee background verification, and contingency plan. The NPRM estimated the

total 10-year undiscounted cost of the program at $344 million. The cost of the program, annualized and discounted at 7

percent, is $241 million. Security coordinator and training costs represent the largest portions of the program. TSA has not

quantified benefits. However, a major line of defense against an aviation-related terrorist act is the prevention of explosives,

weapons, and/or incendiary devices from getting on board a plane. To date, efforts have been primarily related to inspection of

baggage, passengers, and cargo, and security measures at airports that serve air carriers. With this rule, attention is given to

aircraft that are located at repair stations, and to aircraft parts that are at repair stations, themselves to reduce the likelihood of

an attack against aviation and the country. Since repair station personnel have direct access to all parts of an aircraft, the

potential exists for a terrorist to seek to commandeer or compromise an aircraft when the aircraft is at one of these facilities.

Moreover, as TSA tightens security in other areas of aviation, repair stations increasingly may become attractive targets for

terrorist organizations attempting to evade aviation security protections currently in place. TSA uses a break-even analysis to

assess the trade-off between the beneficial effects of the final rule and the costs of implementing the rulemaking. This breakeven analysis uses three attack scenarios to determine the degree to which the final rule must reduce the overall risk of a

terrorist attack in order for the expected benefits of the final rule to justify the estimated costs. For its analyses, TSA uses

scenarios with varying levels of risk, but only details the consequence estimates. To maintain consistency, TSA developed the

analyses with a method similar to that used for the break-even analyses conducted in earlier DHS rules. After estimating the

total consequences of each scenario by monetizing lives lost, injuries incurred, and capital replacement, TSA will use this figure

and the annualized cost of the final rule to calculate the frequency of attacks averted in order for the final rule to break even.

Risks: The Department of Homeland Security aims to prevent terrorist attacks within the United States and to reduce the

vulnerability of the United States to terrorism. By requiring security programs for aircraft repair stations, TSA will focus on

preventing unauthorized access to repair work and to aircraft to prevent sabotage or hijacking.

Timetable:

Action Date FR Cite

Notice--Public Meeting; Request for Comments 02/24/2004 69 FR 8357 

Report to Congress 08/24/2004 

NPRM 11/18/2009 74 FR 59873 

NPRM Comment Period Extended 12/29/2009 74 FR 68774 

NPRM Comment Period End 01/19/2010 

NPRM Extended Comment Period End 02/19/2010 

Final Rule 09/00/2012 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

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 

Phone: 571 227-3580 

FAX: 571 227-1362

E-Mail: celio.young@dhs.gov

Agency Contact: 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

Agency Contact: 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

Regulations.gov Friday, January 20, 2012 Unified Agenda

156
E-Mail: linda.kent@dhs.gov

Department of Homeland Security (DHS) 

Transportation Security Administration ( TSA ) RIN: 1652-AA64

 View Related Documents

Title: Air Cargo Screening

Abstract: Section 1602 of the Implementing Recommendations of the 9/11 Commission Act of 2007 mandates that 100

percent of air cargo transported on passenger aircraft, operated by an air carrier or foreign air carrier in air transportation or

intrastate air transportation, be screened by August 2010, to ensure the security of all such passenger aircraft carrying cargo.

To meet this mandate, the Transportation Security Administration (TSA) issued an Interim Final Rule (IFR), on September 16,

2009, that established the Certified Cargo Screening Program (CCSP) that certifies shippers, manufacturers, and other entities

to screen air cargo intended for transport on a passenger aircraft. Under this rulemaking, each certified cargo screening facility

(CCSF) and its employees and authorized representatives that will be screening cargo must successfully complete a security

threat assessment. The CCSF must also submit to an assessment of their security measures by TSA-approved validators,

screen cargo using TSA-approved methods, and initiate strict chain-of-custody measures to ensure the security of the cargo

throughout the supply chain prior to tendering it for transport on passenger aircraft.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: Yes Unfunded Mandates: Private Sector

CFR Citation: 49 CFR 1520; 49 CFR 1522; 49 CFR 1540; 49 CFR 1544; 49 CFR 1548 and 1549 (To search for a specific

CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 110-53, sec 1602; 49 USC 114; 49 USC 40113; 49 USC 44901 to 44905; 49 USC 44913 to 44914; 49

USC 44916; 49 USC 44935 to 44936; 49 USC 46105

Legal Deadline: Section 1602 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Pub. L. 110-53,

121 Stat. 266, 478, Aug. 3, 2007) requires that the Secretary of Homeland Security establish a system to screen 50 percent of

cargo on passenger aircraft NLT 18 months after the date of enactment and 100 percent of such cargo NLT 3 years after the

date of enactment. The 9/11 Act also requires that TSA issue a final rule NLT 1 year after the effective date of the interim final

rule (Nov. 2010).

Action Source Description Date

Other Statutory Screen 50 percent of cargo on passenger aircraft. 02/03/2009 

Other Statutory Screen 100 percent of cargo on passenger aircraft. 08/03/2010 

Other Statutory 1 year after effective date of the interim final rule. 11/03/2010 

Timetable:

Action Date FR Cite

Interim Final Rule; Request for Comments 09/16/2009 74 FR 47672 

Interim Final Rule Effective 11/16/2009 

Interim Final Rule Comment Period End 11/16/2009 

Final Rule; Request for Comments 08/18/2011 76 FR 51848 

Final Rule; Correction 08/25/2011 76 FR 53080 

Final Rule Effective 09/19/2011 

Final Rule; Comment Period End 09/19/2011 

Final Rule; Reopening of Comment Period 09/30/2011 76 FR 60755 

Final Rule; Reopened Comment Period End 10/31/2011 

Notice 06/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: Victor Parker

Branch Chief, Air Cargo Policy & Plans

Department of Homeland Security

Transportation Security Administration

Office of Transportation Sector Network Management TSA-28, HQ 601 South 12th Street

Arlington , VA 20598-6028 

Phone: 571 227-3664 

E-Mail: victor.parker@dhs.gov

Agency Contact: Thomas Philson

Deputy Director, Regulatory and Economic Analysis

Regulations.gov Friday, January 20, 2012 Unified Agenda

157
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

Agency Contact: Alice Crowe

Senior Counsel, Regulations and Security Standards Division

Department of Homeland Security

Transportation Security Administration

Office of the Chief Counsel TSA-2, HQ, E12-320N 601 South 12th Street

Arlington , VA 20598-6002 

Phone: 571 227-2652 

FAX: 571 227-1379

E-Mail: alice.crowe@dhs.gov

Department of Homeland Security (DHS) 

Transportation Security Administration ( TSA ) RIN: 1652-AA00

 View Related Documents

Title: Imposition and Collection of Passenger Civil Aviation Security Service Fees

Abstract: The Transportation Security Administration (TSA) will take final action on the December 31, 2001, interim final rule

(IFR) by completing an economic analysis and responding to comments received. The IFR established passenger civil aviation

security service fees, known as the "September 11th Security Fee" in the amount of $2.50 per enplanement on passengers of

domestic and foreign carriers in air transportation, foreign air transportation, and intrastate air transportation originating in the

United States, up to $5.00 per one-way trip and $10.00 per round trip. The fees are required under 49 U.S.C. 44940 to pay TSA

for the costs of providing Federal civil aviation security services.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: Undetermined Unfunded Mandates: No

CFR Citation: 49 CFR 1510 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 49 USC 44940

Legal Deadline: Section 118 of the Aviation and Transportation Security Act (ATSA) (Pub. L. 107-71; Nov. 19, 2001), codified

at 49 U.S.C. 44940, requires that within 60 days of ATSA's enactment, or as soon as possible thereafter, TSA impose uniform

security service fees on passengers of domestic and foreign air carriers in air transportation, publish notice of these fees in the

Federal Register, and exempt TSA from procedural rulemaking requirements of 5 U.S.C. 553 and user-fee requirements from

31 U.S.C. 9701.

Action Source Description Date

Other Statutory 

sec 118 directs TSA to impose uniform security service fees on certain

aviation passengers within 60 days of enactment of ATSA, or as soon

as possible thereafter. 

01/19/2002 

Timetable:

Action Date FR Cite

Next Action Undetermined 

Interim Final Rule Effective 12/31/2001 

Interim Final Rule 12/31/2001 66 FR 67698 

Notice-Information Collection; Emergency Processing 01/31/2002 67 FR 4866 

Notice-Information Collection; Approval 02/19/2002 67 FR 7582 

Interim Final Rule Comment Period End 03/01/2002 

Interim Final Rule Comment Period Reopened 03/28/2002 67 FR 14879 

Interim Final Rule Reopened Comment Period End 04/30/2002 

Notice-Information Collection; 30-Day Renewal 07/10/2002 67 FR 45784 

Notice-Partial Waiver of Independent Audit Requirement of Final Rule 01/23/2003 68 FR 3192 

Notice-Information Collection; 60-Day Renewal 05/06/2005 70 FR 24108 

Notice-Information Collection; 30-Day Renewal 07/27/2005 70 FR 43441 

Notice-Information Collection; 60-Day Renewal 07/02/2008 73 FR 37981 

Notice-Information Collection; 30-Day Renewal 09/05/2008 73 FR 51832 

Regulations.gov Friday, January 20, 2012 Unified Agenda

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Additional Information: Transferred from RIN 2110-AA01

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

Related RINs: Related to 1652-AA01; Related to 1652-AA43

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

Agency Contact: 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

Agency Contact: Traci Klemm

Senior Counsel, Regulations and Security Standards Division

Department of Homeland Security

Transportation Security Administration

Office of the Chief Counsel TSA-2, E12-335N 601 South 12th Street

Arlington , VA 20598-6002 

Phone: 571 227-3596 

E-Mail: traci.klemm@dhs.gov

Department of Homeland Security (DHS) 

Transportation Security Administration ( TSA ) RIN: 1652-AA02

 View Related Documents

Title: Civil Aviation Security Rules

Abstract: On February 22, 2002, the Transportation Security Administration (TSA) published a final rule with a request for

comment. This final rule transferred the Federal Aviation Administration's (FAA) rules (14 CFR 91, 107, 108, 109, 121, 129, 135,

139, 191) governing civil aviation security to TSA (49 CFR parts 1500, 1520, 1540, 1542, 1544, 1546, 1548, 1550). ATSA

mandated the transfer of these aviation security responsibilities from FAA to TSA. This final rule made some revisions to the

FAA rules in order to enhance security as required by ATSA (Pub. L. 107-71; Nov. 19, 2001). The ATSA required that by

November 19, 2002, the responsibility for inspecting persons and property carried by aircraft operators and foreign air carriers

be transferred to TSA and that TSA employees (or companies under contract with TSA) conduct the inspection and screening.

In response to the 2002 final rule, TSA received 11 comments. TSA is preparing to publish another final rule that closes out the

2002 final rule.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: Undetermined Unfunded Mandates: No

CFR Citation: 49 CFR 1500 to 1550 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 49 USC 40101 et seq, PL 107-71

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

Final Rule Effective 12/28/2001 

Final Rule (Organization and Delegation of Powers) 12/28/2001 66 FR 67117 

Final Rule Effective 02/17/2002 

Regulations.gov Friday, January 20, 2012 Unified Agenda

159
Final Rule 02/22/2002 67 FR 8340 

Final Rule Comment Period End 03/25/2002 

Additional Information: Transferred from RIN 2110-AA03

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: 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

Agency Contact: Kiersten Ols

Attorney, Regulations and Security Standards Division

Department of Homeland Security

Transportation Security Administration

Office of the Chief Counsel TSA-2, HQ, E12-316N 601 South 12th Street

Arlington , VA 20598-6002 

Phone: 571 227-2403 

FAX: 571 227-1378

E-Mail: kiersten.ols@dhs.gov

Department of Homeland Security (DHS) 

Transportation Security Administration ( TSA ) RIN: 1652-AA03

 View Related Documents

Title: Security Programs for Aircraft Weighing 12,500 Pounds or More

Abstract: On February 22, 2002, the Transportation Security Administration (TSA) published the interim final rule, known as

the "Twelve-Five Rule," which requires operators of aircraft with a maximum certificated takeoff weight of 12,500 pounds or

more to implement a TSA-approved security program, known as the "Twelve-Five Security Program." The rule also requires that

certain aircraft operators conduct criminal history records checks on their flight crew members, and restrict access to the flight

deck. These measures were necessary to comply with congressional mandates and to enhance security in air transportation.

TSA plans to publish a final rule in order to respond to the public comments and close out this rulemaking. Security programs

constitute Sensitive Security Information (SSI), which is disclosed only to persons with a need to know, in accordance with 49

CFR part 1520. Therefore, the proposed Twelve-Five Security Program was distributed, for comment only, to the operators

subject to the rule. TSA responded to the comments received, but because the comments and responses contained SSI, they

were not made public. TSA amended the program, where appropriate, to accommodate the comments received on the security

program. TSA provided the final security program to affected entities, and completed a training program for the operators to use

to ensure that they operate in accordance with the final security program. In addition, TSA developed a fingerprint collection

process that enables all affected operators to complete the fingerprint-based criminal history records checks of their flight crew

members, as required by the Twelve-Five Rule. Affected operators were required to be in compliance with the rule by April 1,

2003.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: Undetermined Unfunded Mandates: No

CFR Citation: 49 CFR 1540; 49 CFR 1544 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 49 USC 114; 49 USC 5103; 49 USC 40119; 49 USC 44901 to 44907; 49 USC 44913 and 44914; 49 USC

44916 to 44918; 49 USC 44935 and 44936; 49 USC 44942; 49 USC 46105

Legal Deadline: Section 132(a) of the Aviation and Transportation Security Act (ATSA) (Pub. L. 107–71; Nov. 19, 2001),

requires that within 90 days of ATSA's enactment, TSA implement an aviation security program for charter air carriers (as

defined in section 40102(a)(13) of title 49, United States Code) with a maximum certificated takeoff weight of 12,500 pounds or

more.

Action Source Description Date

Other Statutory section 132(a) of ATSA requires TSA implement an aviation security

program for certain air carriers within 90 days of enactment of ATSA. 02/19/2002 

Regulations.gov Friday, January 20, 2012 Unified Agenda

160
Timetable:

Action Date FR Cite

Next Action Undetermined 

Final Rule; Request for Comments 02/22/2002 67 FR 8205 

Final Rule Comment Period End 04/23/2002 

Final Rule Effective 06/24/2002 

Notice--Extend Compliance Date to 12/01/2002 08/28/2002 67 FR 55308 

Notice--Extend Compliance Date; Comment Period End 09/30/2002 

Notice--Extend Compliance Date to 02/01/2003 11/08/2002 67 FR 68227 

Notice--Extend Compliance Date to 04/01/2003 02/05/2003 68 FR 5974 

Notice--Information Collection; 60-Day Renewal 11/26/2003 68 FR 66473 

Notice--Information Collection; 30-Day Renewal 02/11/2004 69 FR 6683 

Notice--Information Collection; 60-Day Renewal 11/02/2006 71 FR 64547 

Notice--Information Collection; 30-Day Renewal 04/11/2007 72 FR 18269 

Additional Information: Transferred from RIN 2110-AA04

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Related RINs: Related to 1652-AA04

Agency Contact: 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

Agency Contact: Denise Daniels

Attorney, Regulations and Security Standards Division

Department of Homeland Security

Transportation Security Administration

Office of the Chief Counsel TSA-2, HQ, E12-127S 601 South 12th Street

Arlington , VA 20598-6002 

Phone: 571 227-3443 

FAX: 571-227-1381

E-Mail: denise.daniels@dhs.gov

Agency Contact: Kiersten Ols

Attorney, Regulations and Security Standards Division

Department of Homeland Security

Transportation Security Administration

Office of the Chief Counsel TSA-2, HQ, E12-316N 601 South 12th Street

Arlington , VA 20598-6002 

Phone: 571 227-2403 

FAX: 571 227-1378

E-Mail: kiersten.ols@dhs.gov

Department of Homeland Security (DHS) 

Transportation Security Administration ( TSA ) RIN: 1652-AA08

 View Related Documents

Title: Protection of Sensitive Security Information (SSI)

Abstract: The Transportation Security Administration (TSA) will issue a rulemaking document responding to comments received

on the May 18, 2004, interim final rule (IFR). In the IFR, published jointly with the Office of the Secretary of Transportation

(OST) in May 2004, TSA revised its Sensitive Security Information (SSI) regulations to expand the 2002 regulatory framework

governing information generally related to aviation security to cover information related to security in maritime transportation,

consistent with the security framework required by the U.S. Coast Guard's regulations implementing the Maritime Transportation

Security Act (MTSA). This expansion was the main theme of the IFR. However, the IFR also continued TSA's 2002 regulations

Regulations.gov Friday, January 20, 2012 Unified Agenda

161
coverage for vulnerability assessments and, with some changes, certain other SSI for all modes. TSA and OST issued a

technical amendment to the IFR in January 2005 to address provisions of the regulations that inadvertently restricted sharing of

SSI. Specifically, the amendment removed the limiting words "aviation or maritime" from 49 CFR 15.11 and 49 CFR 1520.11 in

order to clearly permit the sharing of vulnerability assessments and other documents properly designated as SSI with covered

persons who meet the need-to-know requirements regardless of mode of transportation.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 49 CFR 15; 49 CFR 1520 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 49 USC 114; 49 USC 5103; 49 USC 40119; 49 USC 44901 to 44907; 49 USC 44913 and 44914; 49 USC

44916 to 44918; 49 USC 44935 and 44936; 49 USC 44942; 49 USC 46105

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

Interim Final Rule; Request for Comments 05/18/2004 69 FR 28066 

Interim Final Rule Effective 06/17/2004 

Interim Final Rule; Comment Period End 07/19/2004 

Technical Amendment 01/07/2005 70 FR 1379 

Notice--Information Collection; 60-Day Renewal 02/14/2007 72 FR 7059 

Notice--Information Collection; 30-Day Renewal 06/18/2007 72 FR 33511 

Additional Information: Joint rulemaking with Department of Transportation, Office of the Secretary (RIN No. 2105-AD33)

Transferred from RIN 2110-AA10

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 1652-AA05; Related to 1652-AA49 Related Agencies: Joint: OST

Agency Contact: Holly Dickens

Deputy Chief, Sensitive Security Information (SSI) Program

Department of Homeland Security

Transportation Security Administration

Office of Security Services & Assessments, OLE/FAMS TSA-18, HQ, E11-123S 601 South 12th Street

Arlington , VA 20598-6018 

Phone: 571 227-3723 

E-Mail: ssi@dhs.gov

Agency Contact: 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

Agency Contact: Alice Crowe

Senior Counsel, Regulations and Security Standards Division

Department of Homeland Security

Transportation Security Administration

Office of the Chief Counsel TSA-2, HQ, E12-320N 601 South 12th Street

Arlington , VA 20598-6002 

Phone: 571 227-2652 

FAX: 571 227-1379

E-Mail: alice.crowe@dhs.gov

Department of Homeland Security (DHS) 

Transportation Security Administration ( TSA ) RIN: 1652-AA11

 View Related Documents

Regulations.gov Friday, January 20, 2012 Unified Agenda

162
Title: Criminal History Records Checks (CHRC)

Abstract: The Transportation Security Administration (TSA) will consolidate all requirements which relate to criminal history

record checks (CHRC) in another rulemaking action, RIN 1652-AA61, Standardized Vetting, Adjudication, and Redress Services.

On December 6, 2001, the Federal Aviation Administration (FAA) published a final rule that required each airport operator and

aircraft operator that had adopted a security program under 14 CFR parts 107 or 108 to conduct fingerprint-based CHRCs for

individuals, if they had not already undergone CHRCs. The rule applied to those who either have, or apply for, unescorted

access authority to the Security Identification Display Area (SIDA) of an airport; authority to authorize others to have unescorted

access; and screening functions. The FAA determined the rule was needed because the then current employment investigation

method was not adequate and to ensure that individuals in these positions did not have disqualifying criminal offenses. Rules

governing civil aviation security were transferred from the FAA to the Transportation Security Administration (TSA). Parts 107

and 108 of title 14 of the Code of Federal Regulations (CFR) on Airport Security and Aircraft Operator Security, respectively,

are now codified in 49 CFR parts 1540, 1542, and 1544.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 49 CFR 1540; 49 CFR 1542; 49 CFR 1544 (To search for a specific CFR, visit the Code of Federal Regulations

) 

Legal Authority: 49 USC 114; 49 USC 40113; 49 USC 44936

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

Final Rule Effective 12/06/2001 

Final Rule; Request for Comments 12/06/2001 66 FR 63474 

Final Rule; Comment Period End 01/07/2002 

Final Rule; Comment Period Reopened 01/25/2002 67 FR 3810 

Final Rule; Reopened Comment Period End 03/11/2002 

Additional Information: Transferred from RIN 2110-AA11

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Small Entities Affected: Business Federalism: Undetermined

Energy Affected: No

Related RINs: Related to 2120-AH53; Related to 1652-

AA09; Related to 1652-AA10; Related to 1652-AA61

Agency Contact: 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

Agency Contact: Douglas Palmeri

Director, Aviation Credentialing

Department of Homeland Security

Transportation Security Administration

Office of Transportation Threat Assessment and Credentialing TSA-19, HQ, E3-302N 601 South 12th Street

Arlington , VA 20598-6019 

Phone: 571 227-2983 

E-Mail: douglas.palmeri@dhs.gov

Agency Contact: Alice Crowe

Senior Counsel, Regulations and Security Standards Division

Department of Homeland Security

Transportation Security Administration

Office of the Chief Counsel TSA-2, HQ, E12-320N 601 South 12th Street

Arlington , VA 20598-6002 

Phone: 571 227-2652 

Regulations.gov Friday, January 20, 2012 Unified Agenda

163
FAX: 571 227-1379

E-Mail: alice.crowe@dhs.gov

Department of Homeland Security (DHS) 

Transportation Security Administration ( TSA ) RIN: 1652-AA16

 View Related Documents

Title: Transportation of Explosives From Canada to the United States Via Commercial Motor Vehicle and Railroad Carrier

Abstract: This Interim Final Rule (IFR), published by the Transportation Security Administration (TSA) on February 6, 2003,

addressed security issues regarding transportation of explosives by commercial motor vehicles and railroads. It established

requirements applicable to all motor carriers, motor private carriers, and railroad carriers not using U.S. citizens or lawful

permanent aliens as drivers or railroad crews licensed in Canada to transport explosives to the United States. In August 2006,

TSA issued an IFR superseding this February 2003 IFR as it relates to motor carriers (see RIN No. 1652-AA50). This was

further amended by the Transportation Worker Identification Credential (TWIC) final rule, issued January 25, 2007 (RIN No.

1652-AA41).

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: Undetermined Unfunded Mandates: No

CFR Citation: 49 CFR 1570; 49 CFR 1572 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 49 USC 114; 49 USC 5103 to 5103a; 49 USC 40113; 49 USC 46105

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

Interim Final Rule Effective 02/03/2003 

Interim Final Rule; Request for Comments 02/06/2003 68 FR 6083 

Interim Final Rule; Comment Period End 03/10/2003 

Additional Information: Transferred from RIN 2110-AA18

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

Related RINs: Related to 1652-AA41; Related to 1652-AA50

Agency Contact: 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

Agency Contact: Alice Crowe

Senior Counsel, Regulations and Security Standards Division

Department of Homeland Security

Transportation Security Administration

Office of the Chief Counsel TSA-2, HQ, E12-320N 601 South 12th Street

Arlington , VA 20598-6002 

Phone: 571 227-2652 

FAX: 571 227-1379

E-Mail: alice.crowe@dhs.gov

Department of Homeland Security (DHS) 

Transportation Security Administration ( TSA ) RIN: 1652-AA35

 View Related Documents

Regulations.gov Friday, January 20, 2012 Unified Agenda

164
Title: Flight Training for Aliens and Other Designated Individuals; Security Awareness Training for Flight School Employees

Abstract: The Transportation Security Administration (TSA) will take final action on the September 20, 2004, interim final rule

(IFR) by completing a regulatory analysis, amending the rule to incorporate the exemptions and interpretations, and responding

to comments received. The IFR was published on September 20, 2004 (69 FR 56324). The IFR created a new part 1552, Flight

Schools, in title 49 of the Code of Federal Regulations (CFR). This IFR applies to flight schools and to individuals who apply to

obtain flight training. After comments were received, new exemptions and interpretations were issued. TSA also issued a notice

on April 13, 2009, that prescribes requests from alien flight students undergoing recurrent training. TSA requires flight schools

to notify TSA when aliens and other individuals designated by TSA apply for flight training or recurrent training. TSA has

established standards relating to the security threat assessment process that TSA will conduct to determine whether such

individuals are a threat to aviation or national security, and thus prohibited from receiving flight training. In addition, TSA has

established a fee to cover a portion of the costs of the security threat assessments that TSA will perform under this rule. Finally,

TSA has established standards on security awareness training for certain flight school employees. These requirements will help

ensure that individuals who intend to use aircraft to perform terrorist attacks in the United States do not obtain flight training that

would enable them to do so. These requirements will also improve security at flight schools.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 49 CFR 1552 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 6 USC 469(b); 49 USC 114; 49 USC 44939; 49 USC 46105

Legal Deadline: Requires Transportation Security Administration (TSA) to promulgate an interim final rule (IFR) implementing

the requirements of section 612 of Vision 100—Century of Aviation Reauthorization Act (Pub. L. 108-176, Dec. 12, 2003; 117

Stat. 2490), including the fee provisions, not later than 60 days after the enactment of the Act.

Action Source Description Date

Other Statutory section 612 of Vision 100 requires TSA to issue an interim final rule

within 60 days of enactment of Vision 100. 02/10/2004 

Timetable:

Action Date FR Cite

Next Action Undetermined 

Interim Final Rule Effective 09/20/2004 

Interim Final Rule; Request for Comments 09/20/2004 69 FR 56324 

Interim Final Rule; Comment Period End 10/20/2004 

Notice--Information Collection; 60-Day Renewal 11/26/2004 69 FR 68952 

Notice--Information Collection; 30-Day Renewal 03/30/2005 70 FR 16298 

Notice--Information Collection; 60-Day Renewal 06/06/2008 73 FR 32346 

Notice--Information Collection; 30-Day Renewal 08/13/2008 73 FR 47203 

Notice--Alien Flight Student Program Recurrent Training Fees 04/13/2009 74 FR 16880 

Additional Information: Includes Retrospective Review under E.O. 13563

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

Related RINs: Related to 1652-AA61

Agency Contact: Chang Ellison

Director, Alien Flight Training Program

Department of Homeland Security

Transportation Security Administration

Office of Threat Assessment and Credentialing TSA-19, HQ, E4 601 South 12th Street

Arlington , VA 20598-6019 

Phone: 571 227-3604 

FAX: 571 227-1903

E-Mail: chang.ellison@dhs.gov

Agency Contact: 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

Regulations.gov Friday, January 20, 2012 Unified Agenda

165
Agency Contact: Mai Dinh

Assistant Chief Counsel, Regulations and Security Standards Division

Department of Homeland Security

Transportation Security Administration

Office of the Chief Counsel TSA-2, HQ, E12-309N 601 South 12th Street

Arlington , VA 20598-6002 

Phone: 571 227-2725 

FAX: 571 227-1378

E-Mail: mai.dinh@dhs.gov

Agency Contact: Kiersten Ols

Attorney, Regulations and Security Standards Division

Department of Homeland Security

Transportation Security Administration

Office of the Chief Counsel TSA-2, HQ, E12-316N 601 South 12th Street

Arlington , VA 20598-6002 

Phone: 571 227-2403 

FAX: 571 227-1378

E-Mail: kiersten.ols@dhs.gov

Department of Homeland Security (DHS) 

Transportation Security Administration ( TSA ) RIN: 1652-AA49

 View Related Documents

Title: Ronald Reagan Washington National Airport: Enhanced Security Procedures for Certain Operations

Abstract: This Interim Final Rule (IFR), published by the Transportation Security Administration (TSA) on July 19, 2005,

creates a new part 1562, subpart B, for General Aviation, in title 49 of the Code of Federal Regulations (CFR). TSA plans to

publish a final rule to respond to the public comments and close out this rulemaking. This IFR restores access to Ronald

Reagan Washington National Airport (DCA) infrastructures for certain aircraft operations, while maintaining the security of critical

Federal Government and other assets in the Washington, DC, Metropolitan Area. From September 11, 2001, until the IFR

became effective, general aviation aircraft operations had been prohibited at DCA. This rule applies to all passenger aircraft

operations into or out of DCA, except foreign air carrier operations functioning under 49 CFR part 1546.101(a) or (b) and U.S.

air carrier operations operating under a full security program required by 49 CFR part 1544. The rule establishes security

procedures for aircraft operators and gateway airport operators, and security requirements relating to crewmembers,

passengers, and armed security officers onboard aircraft operating to or from DCA.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 49 CFR 1520; 49 CFR 1540; 49 CFR 1562 (To search for a specific CFR, visit the Code of Federal Regulations

) 

Legal Authority: 46 USC 70102 to 70106; 46 USC 70117; 49 USC 114; 49 USC 5103; 49 USC 40113 and 40114; 49 USC

44901 to 44907; 49 USC 44913 and 44914; 49 USC 44916 to 44918; 49 USC 44935 and 44936; 49 USC 44942; 49 USC

46105

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

Interim Final Rule; Request for Comments 07/19/2005 70 FR 41586 

Interim Final Rule Effective 08/18/2005 

Notice--Information Collection; Approval and 60-Day Renewal 08/26/2005 70 FR 50391 

Interim Final Rule; Comment Period End 09/19/2005 

Notice--Information Collection; 30-Day Renewal 10/26/2005 70 FR 61831 

Notice--Information Collection; 60-Day Renewal 10/20/2008 73 FR 62304 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: Business; Organizations Federalism: No

Energy Affected: No

Related RINs: Related to 1652-AA08

Agency Contact: Thomas Philson

Deputy Director, Regulatory and Economic Analysis

Regulations.gov Friday, January 20, 2012 Unified Agenda

166
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

Agency Contact: Denise Daniels

Attorney, Regulations and Security Standards Division

Department of Homeland Security

Transportation Security Administration

Office of the Chief Counsel TSA-2, HQ, E12-127S 601 South 12th Street

Arlington , VA 20598-6002 

Phone: 571 227-3443 

FAX: 571-227-1381

E-Mail: denise.daniels@dhs.gov

Department of Homeland Security (DHS) 

Transportation Security Administration ( TSA ) RIN: 1652-AA50

 View Related Documents

Title: Drivers Licensed by Canada or Mexico Transporting Hazardous Materials To and Within the United States

Abstract: This Interim Final Rule (IFR), published by the Transportation Security Administration (TSA) on August 7, 2006,

announced that a commercial motor vehicle driver licensed in Canada or Mexico who holds a Free and Secure Trade (FAST)

program card may use that card as an acceptable credential to transport placarded amounts of hazardous materials or any

quantity of a material listed as a select agent or toxin in 42 CFR part 73 within the United States. The Safe, Accountable,

Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) requires that, as of August 10, 2006,

commercial motor vehicle drivers licensed in Canada or Mexico who transport hazardous materials in the United States must

undergo a background check similar to the one required of U.S.-licensed operators with a hazardous materials endorsement

(HME) on a commercial driver's license (CDL). This rule announced TSA's determination that the background check required to

obtain a credential under the FAST program meets the background check requirements of SAFETEA-LU. This interim rule also

removed TSA's preexisting 49 CFR 1572.201 procedures for commercial drivers licensed in Canada who transport explosives

into the United States (see RIN 1652-AA16).

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 49 CFR 1572.201 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 49 USC 5103a(h)

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

Interim Final Rule, Part VI 08/07/2006 71 FR 44874 

Interim Final Rule Effective 08/10/2006 

Interim Final Rule; Comment Period End 10/06/2006 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 1652-AA16

Agency Contact: 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

Regulations.gov Friday, January 20, 2012 Unified Agenda

167
Agency Contact: John Vergelli 

Attorney, Regulations and Security Standards Division

Department of Homeland Security

Transportation Security Administration

DHS, TSA, Office of the Chief Counsel TSA-2, HQ, E12-309N 601 South 12th Street

Arlington , VA 20598-6002 

Phone: 571 227-4416 

FAX: 571 227-1378

E-Mail: john.vergelli@dhs.gov

Department of Homeland Security (DHS) 

Transportation Security Administration ( TSA ) RIN: 1652-AA57

 View Related Documents

Title: Freight Railroads--Security Training of Employees

Abstract: This rulemaking action has been merged with RIN 1652-AA55 and is hereby withdrawn as a separate action. The

Transportation Security Administration (TSA) will propose a new regulation to improve the security of freight railroads in

accordance with the Implementing Recommendations of the 9/11 Commission Act of 2007. The rulemaking will propose general

requirements for a security training program to prepare freight railroad security-sensitive employees, including frontline

employees identified in section 1501 of the Act, for potential security threats and conditions. The regulations will take into

consideration any current security training requirements or best practices.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: Undetermined Unfunded Mandates: No

CFR Citation: 49 CFR 1520; 49 CFR 1570; 49 CFR 1580 (To search for a specific CFR, visit the Code of Federal Regulations

) 

Legal Authority: 49 USC 114; PL 110-53, sec 1517

Legal Deadline: According to section 1517 of Public Law 110-53, Implementing Recommendations of the 9/11 Commission Act

of 2007 (Aug. 3, 2007; 121 Stat. 266), TSA must issue a regulation no later than 6 months after the date of enactment of this

Act.

Action Source Description Date

Other Statutory Rule is due 6 months after date of enactment. 02/03/2008 

Timetable:

Action Date FR Cite

Withdrawn 12/31/2011 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Related RINs: Merge with 1652-AA55; Related to 1652-AA59

Agency Contact: Scott Gorton

Policy and Plans Branch Chief for Freight Rail

Department of Homeland Security

Transportation Security Administration

Office of Transportation Sector Network Management TSA-28, HQ, E10-423N 601 South 12th Street

Arlington , VA 20598-6028 

Phone: 571 227-1251 

FAX: 571 227-2930

E-Mail: scott.gorton@dhs.gov

Agency Contact: 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

Regulations.gov Friday, January 20, 2012 Unified Agenda

168
E-Mail: thomas.philson@dhs.gov

Agency Contact: David Kasminoff

Sr. Counsel, Regulations and Security Standards Division

Department of Homeland Security

Transportation Security Administration

Office of the Chief Counsel TSA-2, HQ, E12-310N 601 South 12th Street

Arlington , VA 20598-6002 

Phone: 571 227-3583 

FAX: 571 227-1378

E-Mail: david.kasminoff@dhs.gov

Department of Homeland Security (DHS) 

Transportation Security Administration ( TSA ) RIN: 1652-AA58

 View Related Documents

Title: Freight Railroads--Vulnerability Assessment and Security Plan

Abstract: This rulemaking action has been merged with RIN 1652-AA56 and is hereby withdrawn as a separate action. The

Transportation Security Administration (TSA) will propose a new regulation to improve the security of freight rail transportation in

accordance with the Implementing Recommendations of the 9/11 Commission Act of 2007. The rulemaking will propose

requirements for vulnerability assessments and security plans for owner/operators of freight railroads determined by TSA to be

high risk. The proposed requirements include procedures for TSA's review and approval of these assessments and plans, and

recordkeeping requirements.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 49 CFR 1520; 49 CFR 1570; 49 CFR 1580 (To search for a specific CFR, visit the Code of Federal Regulations

) 

Legal Authority: 49 USC 114; PL 110-53, sec 1512

Legal Deadline: According to section 1512 of Public Law 110-53, Implementing Recommendations of the 9/11 Commission Act

of 2007 (Aug. 3, 2007; 121 Stat. 266), TSA must issue a regulation no later than 12 months after date of enactment of this Act.

Action Source Description Date

Other Statutory Rule due 12 months after date of enactment. 08/03/2008 

Timetable:

Action Date FR Cite

Withdrawn 12/31/2011 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Related RINs: Merge with 1652-AA56; Related to 1652-AA60

Agency Contact: Scott Gorton

Policy and Plans Branch Chief for Freight Rail

Department of Homeland Security

Transportation Security Administration

Office of Transportation Sector Network Management TSA-28, HQ, E10-423N 601 South 12th Street

Arlington , VA 20598-6028 

Phone: 571 227-1251 

FAX: 571 227-2930

E-Mail: scott.gorton@dhs.gov

Agency Contact: 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

Regulations.gov Friday, January 20, 2012 Unified Agenda

169
E-Mail: thomas.philson@dhs.gov

Agency Contact: David Kasminoff

Sr. Counsel, Regulations and Security Standards Division

Department of Homeland Security

Transportation Security Administration

Office of the Chief Counsel TSA-2, HQ, E12-310N 601 South 12th Street

Arlington , VA 20598-6002 

Phone: 571 227-3583 

FAX: 571 227-1378

E-Mail: david.kasminoff@dhs.gov

Department of Homeland Security (DHS) 

Transportation Security Administration ( TSA ) RIN: 1652-AA59

 View Related Documents

Title: Over-the-Road Buses--Security Training of Employees

Abstract: This rulemaking action has been merged with RIN 1652-AA55 and is hereby withdrawn as a separate action. The

Transportation Security Administration (TSA) will propose a new regulation to improve the security of over-the-road bus

transportation in accordance with the Implementing Recommendations of the 9/11 Commission Act of 2007. This rulemaking will

propose general requirements for the owner/operator of an over-the-road bus operation determined by TSA to be high-risk to

develop and implement a security training program to prepare security-sensitive employees, including frontline employees

identified in section 1501 of the Act, for potential security threats and conditions. The regulation will take into consideration any

current security training requirements or best practices.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: Undetermined Unfunded Mandates: No

CFR Citation: 49 CFR 1520; 49 CFR 1570; 49 CFR 1584 (New) (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 49 USC 114; PL 110-53, sec 1534

Legal Deadline: According to section 1534 of Public Law 110-53, Implementing Recommendations of the 9/11 Commission Act

of 2007 (Aug. 3, 2007, 121 Stat. 266), TSA must issue a regulation no later than 6 months after date of enactment of this Act.

Action Source Description Date

Other Statutory Rule due 6 months after date of enactment. 02/03/2008 

Timetable:

Action Date FR Cite

Withdrawn 12/31/2011 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Related RINs: Merge with 1652-AA55; Related to 1652-AA57

Agency Contact: Steve Sprague

Highway Passenger, Infrastructure and Licensing Branch Chief; Highway and Motor Carrier Programs

Department of Homeland Security

Transportation Security Administration

Office of Transportation Sector Network Management TSA-28, HQ, E 601 South 12th Street

Arlington , VA 20598-6028 

Phone: 571 227-1468 

E-Mail: steve.sprague@dhs.gov

Agency Contact: 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

Regulations.gov Friday, January 20, 2012 Unified Agenda

170
E-Mail: thomas.philson@dhs.gov

Agency Contact: Traci Klemm

Senior Counsel, Regulations and Security Standards Division

Department of Homeland Security

Transportation Security Administration

Office of the Chief Counsel TSA-2, E12-335N 601 South 12th Street

Arlington , VA 20598-6002 

Phone: 571 227-3596 

E-Mail: traci.klemm@dhs.gov

Department of Homeland Security (DHS) 

Transportation Security Administration ( TSA ) RIN: 1652-AA60

 View Related Documents

Title: Over-the-Road Buses--Vulnerability Assessment and Security Plan

Abstract: This rulemaking action has been merged with RIN 1652-AA56 and is hereby withdrawn as a separate action. The

Transportation Security Administration (TSA) will propose a new regulation to improve the security of over-the-road bus

transportation in accordance with the Implementing Recommendations of the 9/11 Commission Act of 2007. This rulemaking will

propose requirements for vulnerability assessments and security plans for owner/operators of over-the-road bus operations

determined by TSA to be high-risk. The proposed requirements include procedures for TSA's review and approval of these

assessments and plans, and recordkeeping requirements. The regulation will take into consideration any current security

assessment and planning requirements or best practices.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 49 USC 114; PL 110-53, sec 1531

Legal Deadline: According to section 1531 of Public Law 110-53, Implementing Recommendations of the 9/11 Commission Act

of 2007 (Aug. 3, 2007; 121 Stat. 266), TSA must issue a regulation no later than 18 months after date of enactment (Feb. 3,

2009) of this Act.

Action Source Description Date

Other Statutory section 1531 directs TSA to issue a regulation no later than 18 months

after date of enactment. 02/03/2009 

Timetable:

Action Date FR Cite

Withdrawn 12/31/2011 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Energy Affected: Undetermined

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Related RINs: Merge with 1652-AA56; Related to 1652-AA58

Agency Contact: Paul Pitzer

Policy and Planning Branch Chief; Highway and Motor Carrier Programs

Department of Homeland Security

Transportation Security Administration

Office of Transportation Sector Network Management TSA-28, HQ, E 601 South 12th Street

Arlington , VA 20598-6028 

Phone: 571 227-1233 

E-Mail: paul.pitzer@dhs.gov

Agency Contact: 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

Regulations.gov Friday, January 20, 2012 Unified Agenda

171
E-Mail: thomas.philson@dhs.gov

Agency Contact: Traci Klemm

Senior Counsel, Regulations and Security Standards Division

Department of Homeland Security

Transportation Security Administration

Office of the Chief Counsel TSA-2, E12-335N 601 South 12th Street

Arlington , VA 20598-6002 

Phone: 571 227-3596 

E-Mail: traci.klemm@dhs.gov

Department of Homeland Security (DHS) 

U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA44

 View Related Documents

Title: Clarification of Eligibility Criteria for F and M Students and for Schools Certified by the Student and Exchange Visitor

Program To Enroll F and/or M Students

Abstract: This proposed rule will clarify the criteria for nonimmigrant academic and/or professional and vocational students and

exchange visitors (J status) to maintain nonimmigrant status. In addition, the regulation will clarify the criteria for the schools

certified by the Student and Exchange Visitor Program (SEVP) to enroll students and to fulfill their associated recordkeeping,

retention, and reporting requirements to SEVP in F or M classification. The regulation will also codify refinements in policy and

procedures that have evolved since the last major regulatory update in 2002 and since the establishment of SEVP more than six

years ago, and remove obsolete provisions in the regulations used before and during implementation of the Student and

Exchange Visitor Information System (SEVIS). Finally, the regulation will incorporate language supporting a major

reprogramming of SEVIS, known as SEVIS II.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 103; 8 CFR 214.3; 8 CFR 214.4 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1356(m); PL 107-56; PL 107-173

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2012 

Additional Information: Includes Retrospective Review under E.O. 13563.

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Related RINs: Related to 1653-AA42

Agency Contact: Sharon Snyder

Acting Branch Chief, SEVP Policy, Student and Exchange Visitor Program

Department of Homeland Security

U.S. Immigration and Customs Enforcement

Potomac Center North 500 12th Street SW.

Washington , DC 20024-6121 

Phone: 703 603-3415 

Department of Homeland Security (DHS) 

U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA60

 View Related Documents

Title: Continued Detention of Aliens Subject to Final Orders of Removal

Abstract: This notice of proposed rulemaking (NPRM) is proposing to amend the Department of Homeland Security (DHS)

regulatory provisions for custody determinations for aliens in immigration detention who are subject to an administratively final

order of removal. The proposed amendment would add a paragraph to 8 CFR 241.4(g) providing that U.S. Immigration and

Customs Enforcement (ICE) shall have a reasonable period of time to effectuate an alien's removal where the alien is not in

Regulations.gov Friday, January 20, 2012 Unified Agenda

172
immigration custody when the order of removal becomes administratively final. The proposed rule would also clarify the removal

period time frame afforded to the agency following an alien's compliance with his or her obligations regarding removal

subsequent to a period of obstruction or failure to cooperate. The rule proposes to make conforming changes to 241.13(b)(2).

Lastly, the rule proposes to add a paragraph to 8 CFR 241.13(b)(3) to make clear that aliens certified by the Secretary under

section 236A of the Immigration and Nationality Act, 8 U.S.C. 1226a, are not subject to the provisions of 8 CFR 241.13, in

accordance with the separate detention standard provided under the Act.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 8 CFR 241 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1103; 8 USC 1223; 8 USC 1227; 8 USC 1231; 8 USC 1253

Legal Deadline: None

Regulatory Plan:

Statement of Need: The companion final rule will improve the post order custody review process in the final rule related to the

Detention of Aliens Subject to Final Orders of Removal in light of the U.S. Supreme Court's decisions in Zadvydas v. Davis, 533

U.S. 678 (2001), Clark v. Martinez, 543 U.S. 371 (2005) and conforming changes as required by the enactment of the

Homeland Security Act of 2002 (HSA). This notice of proposed rulemaking (NPRM) will propose to amend 8 CFR 241.1(g) to

provide for a new 90-day removal period once an alien comes into compliance with his or her obligation to make timely

application in good faith for travel or other documents and not conspire or act to prevent removal.

Legal Basis:

Alternatives:

Costs and Benefits: This proposed rule will clarify the regulatory provisions concerning the removal of aliens that are subject

to an administratively final order of removal. DHS does not anticipate there will be cost impacts to the public as a result of the

rule.

Risks:

Timetable:

Action Date FR Cite

NPRM 04/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Related RINs: Related to 1653-AA13

Agency Contact: Alexander Hartman

Regulatory Coordinator

Department of Homeland Security

U.S. Immigration and Customs Enforcement

500 12th Street SW.

Washington , DC 20536 

Phone: 202 732-6202 

E-Mail: alexander.hartman@dhs.gov

Department of Homeland Security (DHS) 

U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA13

 View Related Documents

Title: Continued Detention of Aliens Subject to Final Orders of Removal

Abstract: The U.S. Department of Homeland Security is finalizing, with amendments, the interim rule that was published on

November 14, 2001, by the former Immigration and Naturalization Service (Service). The interim rule included procedures for

conducting custody determinations in light of the U.S. Supreme Court's decision in Zadvydas v. Davis, 533 U.S. 678 (2001),

which held that the detention period of certain aliens who are subject to a final administrative order of removal is limited under

section 241(a)(6) of the Immigration and Nationality Act (Act) to the period reasonably necessary to effect their removal. The

interim rule amended section 241.4 of title 8, Code of Federal Regulations (CFR), in addition to creating two new sections: 8

CFR 241.13 (establishing custody review procedures based on the significant likelihood of the alien's removal in the reasonably

foreseeable future) and 241.14 (establishing custody review procedures for special circumstances cases). Subsequently, in the

case of Clark v. Martinez, 543 U.S. 371 (2005), the Supreme Court clarified a question left open in Zadvydas, and held that

Regulations.gov Friday, January 20, 2012 Unified Agenda

173
section 241(a)(6) of the Act applies equally to all aliens described in that section. This rule amends the interim rule to conform to

the requirements of Martinez. Further, the procedures for custody determinations for post-removal period aliens who are subject

to an administratively final order of removal, and who have not been released from detention or repatriated, have been revised

in response to comments received and experience gained from administration of the interim rule published in 2001. This final

rule also makes conforming changes as required by the enactment of the Homeland Security Act of 2002 (HSA). Additionally,

certain portions of the final rule were determined to require public comment and, for this reason, have been developed into a

separate/companion notice of proposed rulemaking; RIN 1653-AA60.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 241 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1103; 8 USC 1223; 8 USC 1227; 8 USC 1231; 8 USC 1253; ...

Legal Deadline: None

Regulatory Plan:

Statement of Need: This rule will improve the post order custody review process in the final rule related to the Detention of

Aliens Subject to Final Orders of Removal in light of the U.S. Supreme Court's decisions in Zadvydas v. Davis, 533 U.S. 678

(2001), Clark v. Martinez, 543 U.S. 371 (2005) and conforming changes as required by the enactment of the Homeland Security

Act of 2002 (HSA). A companion notice of proposed rulemaking (NPRM) will propose to amend 8 CFR 241.1(g) to provide for a

new 90-day removal period once an alien comes into compliance with his or her obligation to make timely application in good

faith for travel or other documents and not conspire or act to prevent removal.

Legal Basis:

Alternatives:

Costs and Benefits: The changes are administrative and procedural in nature, and will not result in cost impacts to the public.

The benefits of making these changes to the regulations will allow for expedited review of the post-order custody review

process.

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 11/14/2001 66 FR 56967 

Interim Final Rule Comment Period End 01/14/2002 

Final Action 04/00/2012 

Additional Information: INS No. 2156-01 Transferred from RIN 1115-AG29

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Alexander Hartman

Regulatory Coordinator

Department of Homeland Security

U.S. Immigration and Customs Enforcement

500 12th Street SW.

Washington , DC 20536 

Phone: 202 732-6202 

E-Mail: alexander.hartman@dhs.gov

Department of Homeland Security (DHS) 

U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA56

 View Related Documents

Title: Extending Period for Optional Practical Training by 17 Months for F-1 Nonimmigrant Students With STEM Degrees and

Expanding the CAP-GAP Relief for All F-1 Students With Pending H-1B Petitions

Abstract: Currently, foreign students in F-1 nonimmigrant status who have been enrolled on a full-time basis for at least one

full academic year in a college, university, conservatory, or seminary certified by U.S. Immigration and Custom Enforcement's

(ICE) Student and Exchange Visitor Program (SEVP) are eligible for 12 months of optional practical training (OPT) to work for a

U.S. employer in a job directly related to the student's major area of study. The maximum period of OPT is 29 months for F-1

Regulations.gov Friday, January 20, 2012 Unified Agenda

174
students who have completed a science, technology, engineering, or mathematics (STEM) degree and accept employment with

employers enrolled in U.S. Citizenship and Immigration Services' (USCIS') E-Verify employment verification program. Employers

of F-1 students with an extension of post-completion OPT authorization must report to the student's designated school official

(DSO) within 48 hours after the OPT student has been terminated from, or otherwise leaves, his or her employment with that

employer prior to end of the authorized period of OPT. The final rule will respond to public comments and may make

adjustments to the regulations.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 8 CFR 214 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101 to 1103; 8 USC 1182; 8 USC 1184 to 1187; 8 USC 1221; 8 USC 1281 and 1282; 8 USC 1301

to 1305

Legal Deadline: None

Regulatory Plan:

Statement of Need: ICE will improve SEVP processes by publishing the Final Optional Practical Training (OPT) rule, which

will respond to comments on the OPT interim final rule (IFR). The IFR increased the maximum period of OPT from 12 months

to 29 months for nonimmigrant students who have completed a science, technology, engineering, or mathematics (STEM)

degree and who accept employment with employers who participate in the U.S. Citizenship and Immigration Services' (USCIS')

E-Verify employment verification program.

Legal Basis:

Alternatives: DHS is considering several alternatives to the 17-month extension of OPT and cap-gap extension, ranging from

taking no action to further extension for a larger populace. The interim final rule addressed an immediate competitive

disadvantage faced by U.S. industries and ameliorated some of the adverse impacts on the U.S. economy. DHS continues to

evaluate both quantitative and qualitative alternatives.

Costs and Benefits: Based on an estimated 12,000 students per year that will receive an OPT extension and an estimated

5,300 employers that will need to enroll in E-verify, DHS projects that this rule will cost students approximately $1.49 million per

year in additional information collection burdens, $4,080,000 in fees, and cost employers $1,240,000 to enroll in E-Verify and

$168,540 per year thereafter to verify the status of new hires. However, this rule will increase the availability of qualified

workers in science, technology, engineering, and mathematical fields; reduce delays that place U.S. employers at a

disadvantage when recruiting foreign job candidates, thereby improving strategic and resource planning capabilities; increase

the quality of life for participating students, and increase the integrity of the student visa program.

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 04/08/2008 73 FR 18944 

Interim Final Rule Comment Period End 06/09/2008 

Final Rule 08/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

RIN Information URL: www.dhs.gov/sevis/

Agency Contact: Sharon Snyder

Acting Branch Chief, SEVP Policy, Student and Exchange Visitor Program

Department of Homeland Security

U.S. Immigration and Customs Enforcement

Potomac Center North 500 12th Street SW.

Washington , DC 20024-6121 

Phone: 703 603-3415 

Department of Homeland Security (DHS) 

U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA62

 View Related Documents

Title: Addition of Law Enforcement Specialists to 8 CFR Parts 103 and 287

Abstract: U.S. Immigration and Customs Enforcement is revising 8 CFR parts 103 and 287 to add a new job classification,

Regulations.gov Friday, January 20, 2012 Unified Agenda

175
"law enforcement specialist," to the list of immigration officer positions in section 103.1(b), the list of immigration officers

authorized to exercise arrest power in section 287.5(c), and the list of immigration officers authorized to issue detainers in

section 287.7(b). This revision is necessary to increase efficiencies and optimize Agency resources.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 103; 8 CFR 287 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1187

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 06/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Alexander Hartman

Regulatory Coordinator

Department of Homeland Security

U.S. Immigration and Customs Enforcement

500 12th Street SW.

Washington , DC 20536 

Phone: 202 732-6202 

E-Mail: alexander.hartman@dhs.gov

Department of Homeland Security (DHS) 

U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA05

 View Related Documents

Title: Requiring Aliens Ordered Removed From the United States To Surrender to the Department of Homeland Security for

Removal

Abstract: This rule amends the regulations of the Department of Homeland Security to establish that an alien who becomes

subject to an administratively final order of removal, deportation, or exclusion has an affirmative duty to surrender to U.S.

Immigration and Customs Enforcement (ICE). An alien generally must meet his or her surrender obligations within 45 days of

the date the order becomes final. In addition, an obligor of a bonded alien has a duty to ensure that such alien meets his or her

surrender obligations under this rule. ICE will no longer send to aliens notices demanding their surrender. ICE also will no

longer send to obligors notices demanding the delivery of bonded aliens. A bonded alien's failure to meet his or her surrender

obligations pursuant to this rule constitutes a breach of the alien's bond.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 240.13 to 240.19 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1103; 8 USC 1231; 8 USC 1253

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

NPRM 09/04/1998 63 FR 47205 

NPRM Comment Period End 11/03/1998 

Supplemental NPRM 05/09/2002 67 FR 31157 

Supplemental NPRM Comment Period End 06/10/2002 

Additional Information: Transferred from RIN 1115-AE82

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

176
Agency Contact: Dennis Mascarenas 

Detention and Detention Officer

Department of Homeland Security

U.S. Immigration and Customs Enforcement

500 12th Street SW.

Washington , DC 20024 

Phone: 202 732-5932 

E-Mail: dennis.mascarenas@dhs.gov

Department of Homeland Security (DHS) 

U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA06

 View Related Documents

Title: Early Release for Removal of Criminal Aliens in State Custody for Nonviolent Offenses

Abstract: The final rule will establish an administrative process whereby criminal aliens in State custody convicted of nonviolent

offenses may be removed prior to completion of their sentence of imprisonment. The rule will implement the authority

contemplated by Congress to enhance the ability of the United States to remove criminal aliens.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 241 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1103; 8 USC 1223; 8 USC 1227; 8 USC 1251; 8 USC 1253; 8 USC 1255; 8 USC 1330

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

NPRM--INS No. 1848-97 07/12/1999 64 FR 37461 

NPRM Comment Period End 09/10/1999 

Additional Information: INS No.1848-97 Transferred from RIN 1115-AE83

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State

Small Entities Affected: No Federalism: No

Agency Contact: Oliver Francisco Department of Homeland Security

U.S. Immigration and Customs Enforcement

500 12th Street SW.

Washington , DC 20025 

Phone: 202 732-3537 

Department of Homeland Security (DHS) 

U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA08

 View Related Documents

Title: Power of Secretary of the Department of Homeland Security To Terminate Deportation Proceedings and Initiate Removal

Proceedings

Abstract: This rule proposes to implement section 309(c)(3) of the Illegal Immigration Reform and Immigrant Responsibility Act

(IIRIRA) by affording certain aliens rendered ineligible for relief from deportation in the law the opportunity to have their

deportation proceedings terminated and removal proceedings initiated in order to apply for relief. Certain permanent resident

aliens rendered ineligible for section 212(c) relief by the Antiterrorism and Effective Death Penalty Act and certain nonpermanent

resident aliens rendered ineligible for suspension of deportation by the stop-time rule in IIRIRA may apply for "repapering" (as it

is commonly known) under this rule. This process would not apply to aliens eligible for 212(c) relief pursuant to the procedures

described in the Executive Office for Immigration Review rulemaking.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 239 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Regulations.gov Friday, January 20, 2012 Unified Agenda

177
Legal Authority: PL 104-208

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

NPRM 11/30/2000 65 FR 71273 

NPRM Comment Period End 01/29/2001 

Additional Information: INS No. 2083-00 Transferred from RIN 1115-AF87

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Alexander Hartman

Regulatory Coordinator

Department of Homeland Security

U.S. Immigration and Customs Enforcement

500 12th Street SW.

Washington , DC 20536 

Phone: 202 732-6202 

E-Mail: alexander.hartman@dhs.gov

Department of Homeland Security (DHS) 

U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA09

 View Related Documents

Title: Protection and Assistance for Victims of Trafficking

Abstract: This rule amends 28 CFR and sets forth implementing guidance for section 107(c) of the Victims of Trafficking and

Violence Protection Act of 2000. The Secretary, the Attorney General, and the Secretary of State are promulgating these

regulations for Federal law enforcement and Department of State (DOS) officials regarding the protection of victims of severe

forms of trafficking who are in custody, the access of such victims to information about their rights and translation services, and

the training of appropriate DHS and DOS personnel in identifying and protecting such victims. The rule also addresses the

authority of Federal law enforcement officials to permit the continued presence in the United States of certain victims of severe

forms of trafficking who are potential witnesses in order to aid prosecutions.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 1100 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 552; 5 USC 552a; 8 USC 1101; 8 USC 1103 and 1104; 8 USC 1252; 22 USC 7101; 22 USC 7105; ...

Legal Deadline: 

Action Source Description Date

Other Statutory Statutory deadline for promulgation of regulations. 04/28/2001 

Timetable:

Action Date FR Cite

Final Action 00/00/0000 

Interim Final Rule 07/24/2001 66 FR 38514 

Interim Final Rule Comment Period End 10/22/2001 

Additional Information: INS No. 2133-01 Transferred from RIN 1115-AG20

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Alexander Hartman

Regulatory Coordinator

Department of Homeland Security

U.S. Immigration and Customs Enforcement

500 12th Street SW.

Regulations.gov Friday, January 20, 2012 Unified Agenda

178
Washington , DC 20536 

Phone: 202 732-6202 

E-Mail: alexander.hartman@dhs.gov

Department of Homeland Security (DHS) 

U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA14

 View Related Documents

Title: Custody Procedures

Abstract: This rule amends Department regulations on the period of time after an alien's arrest within which the Department

must make a determination whether the alien will be continued in custody or released on bond or recognizance and whether to

issue a notice to appear and warrant of arrest. This rule provides that unless voluntary departure has been granted, DHS must

make such determinations within 48 hours of arrest, except in the event of emergency or other extraordinary circumstance, in

which case the Department must make such determinations within an additional reasonable period of time.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 287 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1103; 8 USC 1182; 8 USC 1225 and 1226; 8 USC 1251; ...

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

Interim Final Rule Effective 09/17/2001 66 FR 48334 

Interim Final Rule Published 09/20/2001 66 FR 48334 

Interim Final Rule Comment Period End 11/19/2001 

Additional Information: INS No 2171-01 Transferred from RIN 1115-AG40

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Alexander Hartman

Regulatory Coordinator

Department of Homeland Security

U.S. Immigration and Customs Enforcement

500 12th Street SW.

Washington , DC 20536 

Phone: 202 732-6202 

E-Mail: alexander.hartman@dhs.gov

Department of Homeland Security (DHS) 

U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA20

 View Related Documents

Title: Technical Amendments Relating to Immigration Bonds

Abstract: When DHS receives a cash bond, it is deposited into an account where interest is accumulated from the date the

bond is posted to the date that the bond is paid out. If a cancelled cash bond is unclaimed after a year, the principal and any

accumulated interest are transferred to the U.S. Department of the Treasury account entitled "Payments of Unclaimed Moneys

of Individuals Whose Whereabouts Are Unknown." This regulation concerns the computation of interest on cash bonds. It does

not mention the Treasury Department requirement concerning the disposition of funds from unclaimed cash bonds. Since some

cash bonds obligors have questioned the curtailment of interest a year after the bond is cancelled, we believe that this

regulation should include language that clarifies the Department's requirement to comply with Treasury's regulation.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 293 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Regulations.gov Friday, January 20, 2012 Unified Agenda

179
Legal Authority: 8 USC 1103; 31 USC 1322; 31 USC 9308

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 00/00/0000 

Additional Information: INS No. 2258-03 Transferred from RIN 1115-AG97

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Lori Genest

Burlington Finance Center

Department of Homeland Security

U.S. Immigration and Customs Enforcement

P.O. Box 5000

Williston , VT 05495 

Phone: 802 288-7600 

Department of Homeland Security (DHS) 

U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA29

 View Related Documents

Title: Changes in Registration Policies and Monitoring of Certain Nonimmigrants

Abstract: This rule amends DHS regulations for the registration and monitoring of certain nonimmigrant aliens. This rule

amends existing regulations by suspending the 30-day and annual re-registration requirements for aliens who are subject to the

National Security Entry-Exit Registration System (NSEERS) registration. Instead of requiring all aliens subject to NSEERS to

appear for 30-day and/or annual registration interviews, DHS will utilize a more tailored system in which it will notify individual

aliens of future registration requirements. This rule also eliminates the requirement for those nonimmigrant aliens subject to

special registration who are also enrolled in the Student and Exchange Visitor Information System (SEVIS) to separately notify

DHS of changes in educational institutions and addresses. Additionally, this rule clarifies how nonimmigrant aliens may apply for

relief from special registration requirements and clarifies that certain alien crewmen are not subject to the departure

requirements. Finally, certain conforming amendments have been made to existing regulations to reflect that the former

Immigration and Naturalization Service has been abolished and its functions transferred from the Department of Justice to DHS,

under the Homeland Security Act of 2002 (HSA), Public Law 107-296.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 264 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1184 and 1185; 8 USC 1302; 8 USC 1303; 8 USC 1305

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 00/00/0000 

Interim Final Rule 12/02/2003 68 FR 67578 

Interim Final Rule Comment Period End 02/02/2004 

Additional Information: ICE No. 2301-03

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Alexander Hartman

Regulatory Coordinator

Department of Homeland Security

U.S. Immigration and Customs Enforcement

500 12th Street SW.

Washington , DC 20536 

Phone: 202 732-6202 

Regulations.gov Friday, January 20, 2012 Unified Agenda

180
E-Mail: alexander.hartman@dhs.gov

Department of Homeland Security (DHS) 

U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA30

 View Related Documents

Title: Extending the Period of Duration of Status for Certain F and J Nonimmigrant Aliens

Abstract: This interim rule amended DHS regulations to provide that the Secretary may publish a notice to extend the duration

of status, under specified conditions, of certain F-1 and J-1 nonimmigrant aliens who may be affected adversely because the

numerical limit (cap) on H-1B nonimmigrant aliens has been reached prior to the end of a given fiscal year. This rule was a

necessary stopgap measure because of a large number of F-1 and J-1 nonimmigrant aliens seeking a change of nonimmigrant

status to that of H-1B after completion of their studies or their program. However, many of these aliens were unable to change

their nonimmigrant status for the remainder of a given fiscal year because of the cap on H-1B petitions. This rule allows such

aliens to avoid a lapse in their status because of a circumstance that is not under their control.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 214 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1182; 8 USC 1184; 8 USC 1186; ...

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

Interim Final Rule 06/15/1999 64 FR 32146 

Interim Final Rule Comment Period End 08/16/1999 

Additional Information: CIS No. 1992-99 Transferred from RIN 1615-AA27

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Related RINs: Previously Reported as 1115-AF54

Agency Contact: Sharon Snyder

Acting Branch Chief, SEVP Policy, Student and Exchange Visitor Program

Department of Homeland Security

U.S. Immigration and Customs Enforcement

Potomac Center North 500 12th Street SW.

Washington , DC 20024-6121 

Phone: 703 603-3415 

Department of Homeland Security (DHS) 

U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA31

 View Related Documents

Title: Requiring Certification of All Service-Approved Schools for Enrollment in the Student and Exchange Visitor Information

System (SEVIS)

Abstract: This rule continues the implementation of the process by which schools may be approved to obtain access to the

Student and Exchange Visitor Information System (SEVIS). On October 30, 2001, President George W. Bush issued Homeland

Security Directive No. 2 requiring DHS to conduct periodic reviews of all institutions certified to receive nonimmigrant students.

The Enhanced Border Security and Visa Entry Reform Act of 2002, Public Law 107-173 enacted May 14, 2002, also requires a

periodic review of school approvals. This rule governs the review and certification process that DHS uses to approve schools to

enroll foreign students. While DHS had in place an existing process for certifying and decertifying schools, DHS requires all

previously approved schools to apply for certification in accordance with these new mandates cited above, prior to being allowed

to enroll in SEVIS.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

181
CFR Citation: 8 CFR 103; 8 CFR 214 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 552 to 552a; 8 USC 1101; 8 USC 1103; 8 USC 1304; 8 USC 1356; 31 USC 1907; EO 12356

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 00/00/0000 

Interim Final Rule Effective 09/25/2002 

Interim Final Rule 09/25/2002 67 FR 60107 

Interim Final Rule Comment Period End 11/25/2002 

Additional Information: CIS No. 2217-02 Transferred from RIN 1615-AA77

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Previously Reported as 1115-AG71

Agency Contact: Sharon Snyder

Acting Branch Chief, SEVP Policy, Student and Exchange Visitor Program

Department of Homeland Security

U.S. Immigration and Customs Enforcement

Potomac Center North 500 12th Street SW.

Washington , DC 20024-6121 

Phone: 703 603-3415 

Department of Homeland Security (DHS) 

U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA45

 View Related Documents

Title: Strengthening Control Over Immigration Surety Bonds

Abstract: The Department continues to experience problems collecting the funds for breached surety bonds. Several surety

companies and/or their bonding agents continue to circumvent administrative remedies to address immigration surety bond

claims sent out by the Department and have evaded the judicial review process. This rule proposes to strengthen the

Department's control over the collection of immigration surety bonds by improving current DHS procedures and by providing the

Department with stronger enforcement measures. Specifically, this rule will require surety companies and bonding agents to

exhaust administrative remedies by using the Department's appeal procedures, as a prerequisite to challenging the

Department's actions under the Administrative Procedure Act, before seeking judicial review of DHS actions. Also, this rule limits

the exposure of the Department in cases when bonding agents have acted improperly or when authorities have been denied by

their corporate principals and encourages surety companies and bonding agents to respond early if there are any issues or

disputes with the Department's claim. Further, the rule formalizes DHS' reporting requirements to the Department of Treasury

and provides notification to the Treasury of high-dollar volume of unpaid debt over 90 days old. Lastly, the rule adds an

enforcement measure to suspend acceptance of surety bonds from bonding agents and/or surety companies that have large

unpaid balances or who do not otherwise respond to DHS invoices. This rule is necessary to ensure that the Department

receives funds owed by the surety companies.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: Undetermined Unfunded Mandates: No

CFR Citation: 8 CFR 103 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1103; 8 USC 1356; 31 USC 9701; 31 USC 9305; PL 104-208

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 00/00/0000 

Additional Information: Prior RIN 1653-AA16 was withdrawn in Spring 2004 Agenda

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

182
Agency Contact: Lori Genest

Burlington Finance Center

Department of Homeland Security

U.S. Immigration and Customs Enforcement

P.O. Box 5000

Williston , VT 05495 

Phone: 802 288-7600 

Department of Homeland Security (DHS) 

U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA61

 View Related Documents

Title: Authorizing Suspension of Employment Authorization Requirements on the Basis of Severe Economic Hardship for F-1

Students and Emergent Circumstances

Abstract: This rule amended DHS regulations applying to on-campus employment, off-campus employment authorization, and

duration of status for nonimmigrant F-1 students. The rule permits the Secretary to suspend some or all of the requirements for

on-campus or off-campus employment where emergent circumstances exist as provided through notice in the Federal Register.

The rule also amends the regulations to provide that an F-1 student who carries less than a full course of study as a result of

this special employment authorization will be deemed to be maintaining status for the duration of the authorization, as long as

the student carries a minimum course load of 6 credit hours if the student is an undergraduate, or 3 credit hours if the student is

in graduate school.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: Undetermined Unfunded Mandates: No

CFR Citation: 8 CFR 214 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1182; 8 USC 1186a; 8 USC 1187; 8 USC 1221; 8 USC 1281 and 1282

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 00/00/0000 

Interim Final Rule 06/10/1998 63 FR 31871 

Interim Final Rule Comment Period End 08/10/1998 

Additional Information: INS No. 1914-98 (Employment Authorization for Certain F-1 Nonimmigrant Students Whose Means of

Financial Support Comes from Indonesia, South Korea, Malaysia, Thailand, or the Philippines). Transferred from RIN 1615-AA99

Transferred from RIN 1615-AB44

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: Undetermined

Related RINs: Previously Reported as 1615-AB44; Previously

Reported as 1115-AF15

Agency Contact: Alexander Hartman

Regulatory Coordinator

Department of Homeland Security

U.S. Immigration and Customs Enforcement

500 12th Street SW.

Washington , DC 20536 

Phone: 202 732-6202 

E-Mail: alexander.hartman@dhs.gov

Department of Homeland Security (DHS) 

U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA43

 View Related Documents

Title: Amendment of Regulations for F and M Students in Flight Training and for Schools Certified by DHS To Enroll F and/or

M Students in Flight Training

Regulations.gov Friday, January 20, 2012 Unified Agenda

183
Abstract: This regulation will ensure that, in the interest of national security, DHS provides efficient and effective oversight for

flight training programs. This regulation will also reflect differences between flight programs and promote flight safety by

expanding practical training opportunities for international flight students. At the suggestion of the Office of Information and

Regulatory Affairs, DHS has decided to withdraw this entry from the Unified Agenda until and unless DHS takes further action

on this regulation.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 214; 22 CFR 62 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Not Yet Determined

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 12/31/2011 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal

Small Entities Affected: Business Federalism: No

Agency Contact: Sharon Snyder

Acting Branch Chief, SEVP Policy, Student and Exchange Visitor Program

Department of Homeland Security

U.S. Immigration and Customs Enforcement

Potomac Center North 500 12th Street SW.

Washington , DC 20024-6121 

Phone: 703 603-3415 

Department of Homeland Security (DHS) 

Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA21

 View Related Documents

Title: Management Costs

Abstract: Section 324 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) requires FEMA to

promulgate regulations establishing management cost rates for grantees and subgrantees. Management cost rates are used to

determine the maximum amount of funds provided to grantees and subgrantees to reimburse the indirect costs, administrative

expenses, and other expenses not directly chargeable to a specific project incurred by the grantees and subgrantees in the

management and administration of Stafford Act grants. FEMA established management cost rates and procedures in a 2007

interim final rule. As a result of public comments, FEMA will propose substantive revisions to the rate structure, the rates

themselves, and the application process.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 44 CFR 206; 44 CFR 207 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 5165(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/30/2002 67 FR 56130 

NPRM Comment Period End 09/30/2002 

Interim Final Rule 10/11/2007 72 FR 57869 

Interim Final Rule Comment Period End 11/13/2007 

Interim Final Rule Effective 11/13/2007 

Reopening Comment Period 08/29/2008 73 FR 50881 

Reopening Comment Period End 09/29/2008 

Notice of Meeting and Reopening Comment Period 11/24/2008 73 FR 70894 

Reopening Comment Period End 12/11/2008 

Second NPRM 04/00/2012 

Additional Information: Transferred from RIN 3067-AD29; Docket ID FEMA-2006-0035

Regulations.gov Friday, January 20, 2012 Unified Agenda

184
Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State; Tribal

Small Entities Affected: Governmental Jurisdictions Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: Tod Wells

Recovery Directorate

Department of Homeland Security

Federal Emergency Management Agency

500 C Street SW.

Washington , DC 20472-3100 

Phone: 202 646-3936 

FAX: 202 646-3363

E-Mail: tod.wells@dhs.gov

Agency Contact: Mark Misczak

Recovery Directorate

Department of Homeland Security

Federal Emergency Management Agency

500 C Street SW.

Washington , DC 20472-3100 

Phone: 202 212-1000 

FAX: 202 212-1005

E-Mail: fema-ia-regulations@dhs.gov

Agency Contact: James A. Walke 

Mitigation Directorate

Department of Homeland Security

Federal Emergency Management Agency

1800 South Bell Street

Arlington , VA 20598-3030 

Phone: 202 646-2751 

FAX: 202 646-3074

E-Mail: james.walke@dhs.gov

Department of Homeland Security (DHS) 

Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA51

 View Related Documents

Title: Update of FEMA's Public Assistance Regulations

Abstract: This proposed rule would revise the Federal Emergency Management Agency's Public Assistance program

regulations. Many of these changes reflect amendments made to the Robert T. Stafford Disaster Relief and Emergency

Assistance Act by the Post-Katrina Emergency Management Reform Act of 2006 and the Security and Accountability For Every

Port Act of 2006. The proposed rule also proposes to reflect lessons learned from recent events, and propose further

substantive and non-substantive clarifications and corrections to improve upon the Public Assistance regulations. This proposed

rule is intended to improve the efficiency and consistency of the Public Assistance program, as well as implement new statutory

authority by expanding Federal assistance, improving the Project Worksheet process, empowering grantees, and improving

State Administrative Plans.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 44 CFR 206 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 5121 to 5207

Legal Deadline: None

Regulatory Plan:

Statement of Need: The proposed changes implement new statutory authorities and incorporate necessary clarifications and

corrections to streamline and improve the Public Assistance program. Portions of FEMA's Public Assistance regulations have

become out of date and do not implement all of FEMA's available statutory authorities. The current regulations inhibit FEMA's

ability to clearly articulate its regulatory requirements, and the Public Assistance applicants' understanding of the program. The

proposed changes are intended to improve the efficiency and consistency of the Public Assistance program.

Regulations.gov Friday, January 20, 2012 Unified Agenda

185
Legal Basis: The legal authority for the changes in this proposed rule is contained in the Robert T. Stafford Disaster Relief

and Emergency Assistance Act, 42 U.S.C. 5121 to 5207, as amended by the Post-Katrina Emergency Management Reform Act

of 2006, Public Law 109-295, the Security and Accountability For Every Port Act of 2006, 6 U.S.C. 901 note, the Local

Community Recovery Act of 2006, Public Law 109-218, 120 Stat. 333, and the Pets Evacuation and Transportation Standards

Act of 2006, Public Law 109-308, 120 Stat. 1725.

Alternatives: One alternative is to revise some of the current regulatory requirements (such as application deadlines) in

addition to implementing the amendments made to the Stafford Act by (1) the Post-Katrina Emergency Management Reform

Act of 2006 (PKEMRA), Public Law 109-295, 120 Stat. 1394; 2) the Security and Accountability For Every Port Act of 2006

(SAFE Port Act), Public Law 109-347, 120 Stat. 1884; 3) the Local Community Recovery Act of 2006, Public Law 109-218, 120

Stat. 333; and 4) the Pets Evacuation and Transportation Standards Act of 2006 (PETS Act), Public Law 109-308, 120 Stat.

1725. Another alternative is to expand funding by expanding force account labor cost eligibility to Category A Projects (debris

removal).

Costs and Benefits: The proposed rule is expected to have economic impacts on the public, grantees, subgrantees, and

FEMA. The expected benefits are a reduction in property damages, societal losses, and losses to local businesses, as well as

improved efficiency and consistency of the Public Assistance program. FEMA estimates the primary economic impact of the

proposed rule is the additional transfer of funding from FEMA through the Public Assistance program to grantees and

subgrantees that is effectuated by this rulemaking.

Risks: This action does not adversely affect public health, safety, or the environment.

Timetable:

Action Date FR Cite

NPRM 03/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal

Federalism: Yes

Energy Affected: No

Agency Contact: Tod Wells

Recovery Directorate

Department of Homeland Security

Federal Emergency Management Agency

500 C Street SW.

Washington , DC 20472-3100 

Phone: 202 646-3936 

FAX: 202 646-3363

E-Mail: tod.wells@dhs.gov

Department of Homeland Security (DHS) 

Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA68

 View Related Documents

Title: Housing Assistance Due to Structural Damage

Abstract: Under the authority of section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as

amended (Stafford Act), the Federal Emergency Management Agency (FEMA) provides grants to individuals and households to

repair or replace their homes after a Presidentially declared major disaster or emergency. FEMA proposes to revise its repair,

replacement, and housing construction assistance regulations to clarify the eligibility criteria for assistance and implement

changes to section 408 of the Stafford Act that were made by the Post-Katrina Emergency Management Reform Act of 2006.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 44 CFR 206 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 5174

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/00/2012 

Regulations.gov Friday, January 20, 2012 Unified Agenda

186
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Mark Misczak

Recovery Directorate

Department of Homeland Security

Federal Emergency Management Agency

500 C Street SW.

Washington , DC 20472-3100 

Phone: 202 212-1000 

FAX: 202 212-1005

E-Mail: fema-ia-regulations@dhs.gov

Department of Homeland Security (DHS) 

Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA73

 View Related Documents

Title: Public Assistance Cost Estimating Format for Large Projects

Abstract: In this rule the Federal Emergency Management Agency (FEMA) proposes the implementation of the Cost

Estimating Format (CEF) as the standard estimating procedure for large permanent work projects authorized under the Public

Assistance program. FEMA also proposes to implement set ceiling and floor thresholds of plus or minus 10 percent. Under this

rule, FEMA would reimburse an applicant for the portion of an overrun that is greater than the 10 percent ceiling threshold, but

FEMA would not reimburse an applicant for an overrun that is more than the CEF estimate but less than the 10 percent ceiling

threshold. If there is an underrun, an applicant would retain the portion of the underrun that is less than the 10 percent floor

threshold to use for mitigation activities, but would return the portion of the underrun that is greater than the 10 percent floor

threshold.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 44 CFR 206 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 5172(e)(3)(C)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/00/2012 

Additional Information: Formerly 1660-AA33

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State

Federalism: No

Energy Affected: No

Agency Contact: Tod Wells

Recovery Directorate

Department of Homeland Security

Federal Emergency Management Agency

500 C Street SW.

Washington , DC 20472-3100 

Phone: 202 646-3936 

FAX: 202 646-3363

E-Mail: tod.wells@dhs.gov

Department of Homeland Security (DHS) 

Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA23

 View Related Documents

Title: Disaster Assistance; Crisis Counseling Regular Program; Amendment to Regulation

Regulations.gov Friday, January 20, 2012 Unified Agenda

187
Abstract: The interim final rule allows the Assistant Administrator for the Disaster Assistance Directorate to extend the deadline

for the Crisis Counseling Regular Program in limited circumstances.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 44 CFR 206 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 5121 to 5207

Legal Deadline: None

Timetable:

Action Date FR Cite

Applicability Date 09/11/2001 

Interim Final Rule Effective 03/03/2003 

Interim Final Rule 03/03/2003 68 FR 9899 

Interim Final Rule Comment Period End 05/02/2003 

Final Action 12/00/2011 

Additional Information: Transferred from RIN 3067-AD32

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State; Tribal

Small Entities Affected: Governmental Jurisdictions Federalism: No

Energy Affected: No

Agency Contact: Mark Misczak

Recovery Directorate

Department of Homeland Security

Federal Emergency Management Agency

500 C Street SW.

Washington , DC 20472-3100 

Phone: 202 212-1000 

FAX: 202 212-1005

E-Mail: fema-ia-regulations@dhs.gov

Department of Homeland Security (DHS) 

Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA07

 View Related Documents

Title: National Urban Search and Rescue Response System

Abstract: The interim final rule standardized the financing, administration, and operation of the US&R System, and

standardized the relationships between DHS and "Sponsoring Agencies" of the US&R System--those State or local government

agencies that agree to organize and administer a US&R Task Force.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 44 CFR 208 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 5121 et seq; 6 USC 722

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 00/00/0000 

NPRM 12/18/2002 67 FR 77627 

NPRM Comment Period End 02/03/2003 

Interim Final Rule Effective 02/24/2005 

Interim Final Rule 02/24/2005 70 FR 9182 

Interim Final Rule Comment Period End 04/11/2005 

Additional Information: Transferred from RIN 3067-AC93; Legacy ID DHS-2004-0010; Docket ID FEMA-2004-0001

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State

Regulations.gov Friday, January 20, 2012 Unified Agenda

188
Small Entities Affected: Governmental Jurisdictions Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: Wanda Casey

Response Directorate

Department of Homeland Security

Federal Emergency Management Agency

500 C Street SW.

Washington , DC 20472-3100 

Phone: 202 646-4013 

FAX: 202 646-4684

E-Mail: wanda.casey@dhs.gov

Department of Homeland Security (DHS) 

Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA09

 View Related Documents

Title: National Flood Insurance Program (NFIP); Insurance Coverage and Rates

Abstract: This rule would apply full-risk premium rates under the NFIP to structures: 1) That have suffered multiple flood

losses; and 2) whose owners decline an offer of funding to eliminate or reduce future flood damage.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 44 CFR 61 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 4001 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 00/00/0000 

NPRM 08/05/1999 64 FR 42632 

NPRM Comment Period End 09/07/1999 

Additional Information: Transferred from RIN 3067-AD02

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Thomas Hayes

Federal Insurance and Mitigation Administration

Department of Homeland Security

Federal Emergency Management Agency

1800 South Bell Street

Arlington , VA 20598-3020 

Phone: 202 646-3419 

FAX: 202 646-7970

E-Mail: thomas.hayes@dhs.gov

Department of Homeland Security (DHS) 

Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA18

 View Related Documents

Title: Disaster Assistance; Federal Assistance to Individuals and Households

Abstract: This rulemaking implements section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act. In

doing so, the notice of proposed rulemaking would propose further revisions to 44 CFR part 206, subpart D (the Individuals and

Households Program) and remove subpart E (Individual and Family Grant Programs). Among other things, it would propose to

Regulations.gov Friday, January 20, 2012 Unified Agenda

189
implement section 689 of the Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA), which is related to

individuals with disabilities. It would also propose to revise FEMA's regulations to allow for the payment of security deposits and

the costs of utilities, excluding telephone service. Additionally, the rule would propose to implement section 689f of PKEMRA by

authorizing assistance to relocate individuals displaced from their predisaster primary residence, to and from alternate locations

for short- or long-term accommodations.

Priority: Economically Significant Agenda Stage of Rulemaking: Long-term Action

Major: Undetermined Unfunded Mandates: No

CFR Citation: 44 CFR 206 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 5174

Legal Deadline: 

Action Source Description Date

Other Statutory 10/15/2002 

Timetable:

Action Date FR Cite

NPRM 00/00/0000 

NPRM 01/23/2002 67 FR 3412 

NPRM Comment Period End 03/11/2002 

Interim Final Rule 09/30/2002 67 FR 61446 

Corrections Effective 10/09/2002 

Corrections 10/09/2002 67 FR 62896 

Interim Final Rule Effective 10/15/2002 

Interim Final Rule Comment Period End 04/15/2003 

Additional Information: Transferred from RIN 3067-AD25; Docket ID FEMA-2008-0005

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State

Small Entities Affected: No Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: Mark Misczak

Recovery Directorate

Department of Homeland Security

Federal Emergency Management Agency

500 C Street SW.

Washington , DC 20472-3100 

Phone: 202 212-1000 

FAX: 202 212-1005

E-Mail: fema-ia-regulations@dhs.gov

Department of Homeland Security (DHS) 

Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA22

 View Related Documents

Title: National Flood Insurance Program (NFIP); Group Flood Insurance Policy (GFIP)

Abstract: The interim final rule amended the Group Flood Insurance Policy, as a result of the consolidation of sections 408

and 411 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act by section 206 of the Disaster Mitigation Act of

2000.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 44 CFR 61 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 4001 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 00/00/0000 

Regulations.gov Friday, January 20, 2012 Unified Agenda

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Interim Final Rule Effective 09/30/2002 

Interim Final Rule 09/30/2002 67 FR 61460 

Interim Final Rule Comment Period End 04/15/2003 

Additional Information: Transferred from RIN 3067-AD31

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Edward L. Connor 

Federal Insurance and Mitigation Administration

Department of Homeland Security

Federal Emergency Management Agency

1800 South Bell Street

Arlington , VA 20598-3010 

Phone: 202 646-3429 

FAX: 202 646-7970

E-Mail: edward.connor@dhs.gov

Department of Homeland Security (DHS) 

Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA28

 View Related Documents

Title: National Flood Insurance Program (NFIP); Assistance to Private Sector Property Insurers

Abstract: This rule amends the Financial Assistance/Subsidy Arrangement (the Arrangement) between FEMA and the private

sector insurers that sell and service flood insurance. Among other things, the rule establishes when FEMA is responsible for

litigation costs and when the insurers are responsible, and clarifies issues of jurisdiction and choice of law when the insurers are

sued.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 44 CFR 62 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 4001 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 00/00/0000 

NPRM 10/14/2003 68 FR 59146 

NPRM Comment Period End 11/13/2003 

Interim Final Rule 07/30/2004 69 FR 45607 

Interim Final Rule Comment Period End 09/28/2004 

Interim Final Rule Effective 10/01/2004 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Edward L. Connor 

Federal Insurance and Mitigation Administration

Department of Homeland Security

Federal Emergency Management Agency

1800 South Bell Street

Arlington , VA 20598-3010 

Phone: 202 646-3429 

FAX: 202 646-7970

E-Mail: edward.connor@dhs.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

191
Department of Homeland Security (DHS) 

Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA47

 View Related Documents

Title: Disaster Assistance; Public Assistance Repetitive Damage

Abstract: This proposed rule implements aspects of the Disaster Mitigation Act of 2000 by reducing the Federal cost share of

FEMA Public Assistance to public and certain private nonprofit facilities repetitively damaged in the preceding 10 years by the

same type of event, and for which required hazard mitigation has not been implemented. The Federal Government should not

repetitively reimburse eligible applicants for damage that could be prevented through mitigation efforts. The reduced Federal

cost share of the proposed rule is intended to provide an incentive to mitigate repetitive damage, promote measures that reduce

future loss to life and property, protect Federal investment in public infrastructure, and help build disaster-resistant communities.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 44 CFR 206.226 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 5172

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 00/00/0000 

NPRM 08/11/2009 74 FR 40124 

NPRM Comment Period End 10/13/2009 

Additional Information: Docket ID FEMA-2008-0006

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal

Small Entities Affected: Governmental Jurisdictions Federalism: No

Energy Affected: No

Agency Contact: Tod Wells

Recovery Directorate

Department of Homeland Security

Federal Emergency Management Agency

500 C Street SW.

Washington , DC 20472-3100 

Phone: 202 646-3936 

FAX: 202 646-3363

E-Mail: tod.wells@dhs.gov

Department of Homeland Security (DHS) 

Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA02

 View Related Documents

Title: Disaster Assistance; Hazard Mitigation Grant Program

Abstract: On May 1, 1998, the Federal Emergency Management Agency (FEMA) published a Notice of Proposed Rulemaking

(NPRM) to revise the categories of projects eligible for funding under the Hazard Mitigation Grant Program (HMGP). The NPRM

proposed to define eligible mitigation activities under the HMGP to include minor flood control projects that do not duplicate the

efforts and authorities of other Federal agencies. It proposed to include vegetation management programs for wildfire hazard

mitigation and erosion hazard mitigation in the list of eligible activities; it proposed to remove development or improvement of

warning systems from the list of eligible project types; and modified language relating to general, allowable open space,

recreational, and wetlands management uses. FEMA is withdrawing the NPRM so that relevant issues involved in the NPRM

may be further considered and because portions of it are redundant or outdated.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 44 CFR 206 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 5121 et seq

Legal Deadline: None

Regulations.gov Friday, January 20, 2012 Unified Agenda

192
Timetable:

Action Date FR Cite

NPRM 05/01/1998 63 FR 24143 

NPRM Comment Period End 07/01/1998 

NPRM - Notice of Withdrawal 10/03/2011 76 FR 61070 

Additional Information: Transferred from RIN 3067-AC69

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State; Tribal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Cecelia Rosenberg

Federal Insurance and Mitigation Administration

Department of Homeland Security

Federal Emergency Management Agency

1800 South Bell Street

Arlington , VA 20598-3015 

Phone: 202 646-3321 

FAX: 202 646-2719

E-Mail: cecelia.rosenberg@dhs.gov

Department of Homeland Security (DHS) 

Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA29

 View Related Documents

Title: National Flood Insurance Program (NFIP); Assistance to Private Sector Property Insurers; Extension of Term of

Arrangement

Abstract: FEMA changed the Financial Assistance/Subsidy Arrangement (the Arrangement) to extend its term of October 1,

2002, through September 30, 2003, to a term of October 1, 2002, through December 31, 2003. The second interim final rule

extended the Arrangement from October 1, 2002, through May 1, 2004. The third interim final rule extends the Arrangement to

a term of October 1, 2002, through September 30, 2004. The Arrangement defines the duties and responsibilities of insurers

that sell and service insurance under the Write-Your-Own Program. It also identifies the responsibilities of the Government to

provide financial and technical assistance to these insurers. FEMA changed the Financial Assistance/Subsidy Arrangement (the

Arrangement) to extend its term of October 1, 2002, through September 30, 2003, to a term of October 1, 2002, through

December 31, 2003 and then extended the term two more times by Interim Final Rule. On July 30, 2004, FEMA changed the

language in appendix A of part 62 so that the Arrangement term would be set for future years without individual changes each

year to the CFR. See 69 FR 45607. The rulemaking found at RIN 1660-AA28 has now overtaken this rulemaking and thus

FEMA is withdrawing this entry.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 44 CFR 62 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 4001 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 09/05/2003 68 FR 52700 

Interim Final Rule Comment Period End 10/06/2003 

Interim Final Rule Effective 10/01/2003 

Interim Final Rule 12/31/2003 68 FR 75453 

Interim Final Rule Effective 01/01/2004 

Interim Final Rule Comment Period End 03/01/2004 

Interim Final Rule 04/30/2004 69 FR 23657 

Interim Final Rule Effective 05/02/2004 

Interim Final Rule Comment Period End 06/29/2004 

Withdrawn 07/22/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Regulations.gov Friday, January 20, 2012 Unified Agenda

193
Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 1660-AA28

Agency Contact: Edward L. Connor 

Federal Insurance and Mitigation Administration

Department of Homeland Security

Federal Emergency Management Agency

1800 South Bell Street

Arlington , VA 20598-3010 

Phone: 202 646-3429 

FAX: 202 646-7970

E-Mail: edward.connor@dhs.gov

Department of Homeland Security (DHS) 

Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA30

 View Related Documents

Title: National Flood Insurance Program; Standard Flood Insurance Policy; Expansion of Increased Cost of Compliance (ICC)

Coverage and Prospective Payment of Flood Insurance Premiums

Abstract: This rule proposes to amend the National Flood Insurance Program regulations to incorporate the statutory changes

in the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 (Pub. L. 108-264). Specifically, this rule would

address sections 105 (Amendments to Additional Coverage for Compliance With Land Use and Control Measures) and 209

(Prospective Payment of Flood Insurance Premiums). Section 105 authorizes the extension of Increased Cost of Compliance

coverage, which currently applies when a community is enforcing its substantial damage or cumulative substantial damage

ordinance, to also include those properties for which an offer of mitigation assistance is made under a variety of FEMA-funded

mitigation programs. Section 209 directs that if a policyholder is determined to be paying a lower premium than is required due

to an error in the floodplain determination, the higher premium may only be charged prospectively. At the suggestion of the

Office of Information and Regulatory Affairs, DHS has decided to withdraw this entry from the Unified Agenda until and unless

DHS takes further action on this regulation.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 44 CFR 61 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 4011(b)(4); 42 USC 4015(f); 42 USC 4121(a)

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 12/31/2011 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal; Local; State; Tribal

Federalism: No

Energy Affected: No

Agency Contact: Thomas Hayes

Federal Insurance and Mitigation Administration

Department of Homeland Security

Federal Emergency Management Agency

1800 South Bell Street

Arlington , VA 20598-3020 

Phone: 202 646-3419 

FAX: 202 646-7970

E-Mail: thomas.hayes@dhs.gov

Department of Homeland Security (DHS) 

Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA48

 View Related Documents

Regulations.gov Friday, January 20, 2012 Unified Agenda

194
Title: National Flood Insurance Program (NFIP); Assistance to Private Sector Property Insurers; Compensation for FIRA

Implementation

Abstract: The Federal Emergency Management Agency (FEMA) proposes to amend its regulations regarding the FEMA,

Federal Insurance Administration, Financial Assistance/Subsidy Arrangement (Arrangement). The Arrangement is between the

Write-Your-Own (WYO) Companies and FEMA. The Arrangement defines the duties and responsibilities of insurers that sell

and service flood insurance under the WYO Program. The Arrangement also identifies the financial and technical assistance

FEMA will provide to these insurers. FEMA proposes to amend the Arrangement to increase the amount of compensation to the

WYO Companies in recognition of additional expenses incurred by the WYO Companies in implementing the requirements of

the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004. At the suggestion of the Office of Information and

Regulatory Affairs, DHS has decided to withdraw this entry from the Unified Agenda until and unless DHS takes further action

on this regulation.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 44 CFR 62 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 4011

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 12/31/2011 

Additional Information: Docket ID FEMA-2007-0002

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: Edward L. Connor 

Federal Insurance and Mitigation Administration

Department of Homeland Security

Federal Emergency Management Agency

1800 South Bell Street

Arlington , VA 20598-3010 

Phone: 202 646-3429 

FAX: 202 646-7970

E-Mail: edward.connor@dhs.gov

Department of Homeland Security (DHS) 

Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA55

 View Related Documents

Title: Executive Reserve for Employment During Periods of National Defense Emergency

Abstract: This notice of proposed rulemaking would provide the procedures to establish and to train a nucleus executive

reserve for employment in executive positions in the Federal Government during periods of national defense emergency.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 44 CFR 328 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 50 USC app 2160

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 07/22/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Agency Contact: Larry Hall

Regulations.gov Friday, January 20, 2012 Unified Agenda

195
Office of Policy and Program Analysis

Department of Homeland Security

Federal Emergency Management Agency

500 C Street SW.

Washington , DC 20472-3100 

Phone: 202 646-3520 

FAX: 202 646-3601

E-Mail: larry.hall@dhs.gov

Department of Homeland Security (DHS) 

Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA60

 View Related Documents

Title: Federal Emergency Management Agency Stafford Act Mission Assignments

Abstract: If an emergency or major disaster is declared, FEMA may issue work orders known as Mission Assignments (MAs)

to any other Federal agency directing that agency to complete a specified task, with or without reimbursement. The MA sets

forth funding, other managerial controls and guidance. FEMA issues MAs to other Federal agencies to meet the urgent,

immediate, or short-term needs of States or local governments unable to provide the resources needed to save lives, protect

property, or preserve public health or safety during an emergency or major disaster or to avert the threat of an emergency or

major disaster. One of the primary goals of this proposed rule is to improve the MA process and program at FEMA. In keeping

with this, the rule revises the MA regulations (44 CFR 206.5, 206.7, and 206.8) to improve the standardization, efficiency, and

effectiveness of the MA program. The proposed changes add to the regulations a description of the three types of MAs: Federal

operations support, technical assistance, and direct Federal assistance mission assignments. The proposed changes also add

provisions regarding the MA task order, reporting requirements, and time limitations. The rule implements two Post-Katrina

Emergency Management Reform Act of 2006 (PKEMRA) provisions: (1) Reimbursement for precautionary evacuations and (2)

for durable medical equipment. Sections 681(a)(5) and (b)(1)(a) of PKEMRA amended the Robert T. Stafford Disaster Relief

and Emergency Assistance Act (Stafford Act) to explicitly state that precautionary evacuation is a response effort that may be

mission-assigned to another Federal agency or carried out directly by FEMA. FEMA proposes to revise 44 CFR 206.5(a) and

(b) to include Federal agency assistance for precautionary evacuations through mission assignments. This proposed change is

not intended to add to or otherwise change FEMA's Public Assistance authorities. FEMA currently provides funding for the

evacuation of people and pets as emergency protective measures to save lives as established in 44 CFR 206.225. An example

of this was the evacuation of people from the Gulf Coast in the days before Hurricane Gustav. This proposed change is

intended to revise the regulations to conform to the language of the Stafford Act and ensure that there is no confusion that

precautionary evacuations by the State and local governments may be assisted by Federal agencies through MAs from FEMA

and/or coordinated by FEMA after an emergency has been declared. Section 689(b)(1) of PKEMRA amended section 403(a)(2)

of the Stafford Act to include durable medical equipment in the list of items that may be distributed by Federal agencies to

address immediate threats to life and property resulting from a major disaster. To implement this new authority, FEMA proposes

to revise the regulations to include the authority to direct any Federal agency to utilize its authorities and the resources granted

to it under Federal law to distribute durable medical equipment.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 44 CFR 206.2; 44 CFR 206.5; 44 CFR 206.7; 44 CFR 206.8 (To search for a specific CFR, visit the Code of

Federal Regulations ) 

Legal Authority: 42 USC 5170a; 42 USC 5192

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 07/22/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal

Small Entities Affected: Governmental Jurisdictions Federalism: No

Energy Affected: No

Agency Contact: Lisa M. Maddry 

Response Directorate

Department of Homeland Security

Federal Emergency Management Agency

500 C Street SW.

Washington , DC 20472-3100 

Regulations.gov Friday, January 20, 2012 Unified Agenda

196
Phone: 202 646-4656 

FAX: 202 212-4439

E-Mail: lisa.maddry@dhs.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

197