Monday, 

April 26, 2010 

Part VIII 

Department of 

Homeland Security 

Semiannual Regulatory Agenda 


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21806 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda 

DEPARTMENT OF HOMELAND SECURITY (DHS) 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Chs. I and II 

[DHS Docket No. OGC-RP-04-001] 

Unified Agenda of Federal Regulatory 

and Deregulatory Actions 

AGENCY: Office of the Secretary, DHS. 

ACTION: Semiannual regulatory agenda. 

SUMMARY: This regulatory agenda is a 

semiannual summary of all current and 

projected rulemakings, existing 

regulations, and completed actions of 

the Department of Homeland Security 

(DHS) and its components. This agenda 

provides the public with information 

about DHS’ regulatory activity. DHS 

expects that this information will enable 

the public to be more aware of, and 

effectively participate in, the 

Department’s regulatory activity. DHS 

invites the public to submit comments 

on any aspect of this agenda. 

FOR FURTHER INFORMATION CONTACT: 

General 

Please direct general comments and 

inquiries on the agenda to the 

Regulatory Affairs Law Division, Office 

of the General Counsel, Department of 

Homeland Security, Washington, DC 

20528. 

Specific 

Please direct specific comments and 

inquiries on individual regulatory 

actions identified in this agenda to the 

individual listed in the summary of the 

regulation as the point of contact for 

that regulation. 

SUPPLEMENTARY INFORMATION: 

DHS provides this notice pursuant to 

the requirements of the Regulatory 

Flexibility Act (Pub. L. 96-354, 

September 19, 1980) and Executive 

Order 12866, ‘‘Regulatory Planning and 

Review’’ (September 30, 1993), which 

require the Department to publish a 

semiannual agenda of regulations. The 

regulatory agenda is a summary of all 

current and projected rulemakings, as 

well as actions completed since the 

publication of the last regulatory agenda 

for the Department. DHS’ last 

semiannual regulatory agenda was 

published on December 7, 2009, at 74 

FR 64448. 

Beginning in the fall 2007, the 

Internet became the basic means for 

disseminating the Unified Agenda. The 

complete Unified Agenda will be 

available online at www.reginfo.gov. 

The Regulatory Flexibility Act (5 

U.S.C. 602) requires federal agencies to 

publish their regulatory flexibility 

agenda in the Federal Register.A 

regulatory flexibility agenda shall 

contain, among other things, ‘‘a brief 

description of the subject area of any 

rule . . . which is likely to have a 

significant economic impact on a 

substantial number of small entities.’’ 

DHS’ printed agenda entries include 

regulatory actions that are in the 

Department’s regulatory flexibility 

agenda. Printing of these entries is 

limited to fields that contain 

information required by the agenda 

provisions of the Regulatory Flexibility 

Act. Additional information on these 

entries is available in the Unified 

Agenda published on the Internet. 

The semiannual agenda of the 

Department conforms to the Unified 

Agenda format developed by the 

Regulatory Information Service Center. 

Dated: February 26, 2010. 

Christina E. McDonald, 

Deputy Associate General Counsel for 

Regulatory Affairs. 

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

Sequence 

Number Title 

Regulation 

Identifier 

Number 

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

Limitations .................................................................................................................................................................... 1615–AB71 

186 U. S. Citizenship and Immigration Services Fee Schedule .......................................................................................... 1615–AB80 

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

Sequence 

Number Title 

Regulation 

Identifier 

Number 

187 Commonwealth of the Northern Mariana Islands Transitional Nonimmigrant Investor Classification .......................... 1615–AB75 

U.S. Coast Guard—Proposed Rule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

188 Numbering of Undocumented Barges (USCG-1998-3798) .......................................................................................... 1625–AA14 

189 Commercial Fishing Industry Vessels (USCG-2003-16158) ......................................................................................... 1625–AA77 

190 Inspection of Towing Vessels (USCG-2006-24412) ..................................................................................................... 1625–AB06 


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DHS 

U.S. Coast Guard—Final Rule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

191 Standards for Living Organisms in Ships’ Ballast Water Discharged in U.S. Waters (USCG-2001-10486) ............... 1625–AA32 

192 Passenger Weight and Inspected Vessel Stability Requirements (USCG-2007-0030) ............................................... 1625–AB20 

U.S. Coast Guard—Long-Term Actions 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

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

194 Great Lakes Pilotage Rates—2010 Annual Review and Adjustment (Section 610 Review) ..................................... 1625–AB39 

U.S. Customs and Border Protection—Prerule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

195 Transportation of Certain Merchandise and Equipment Between Coastwise Points ................................................... 1651–AA84 

U.S. Customs and Border Protection—Final Rule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

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

Transportation Security Administration—Final Rule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

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

Transportation Security Administration—Long-Term Actions 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

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

Federal Emergency Management Agency—Proposed Rule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

199 Update of FEMA’s Public Assistance Regulations ....................................................................................................... 1660–AA51 


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21808 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda 

Department of Homeland Security (DHS) Proposed Rule Stage 

U.S. Citizenship and Immigration Services (USCIS) 

185. REGISTRATION REQUIREMENTS 

FOR PETITIONERS SEEKING TO FILE 

H–1B PETITIONS ON BEHALF OF 

ALIENS SUBJECT TO NUMERICAL 

LIMITATIONS 

Legal Authority: 8 USC 1184(g) 

Abstract: The Department of Homeland 

Security is proposing to amend its 

regulations governing petitions filed on 

behalf of alien workers subject to 

annual numerical limitations. This rule 

proposes an electronic registration 

program for petitions subject to 

numerical limitations contained in the 

Immigration and Nationality Act (the 

Act). Initially, the program would be 

for the H-1B nonimmigrant 

classification; however, other 

nonimmigrant classifications will be 

added as needed. This action is 

necessary because the demand for H1B specialty occupation workers by 

U.S. companies generally exceeds the 

numerical limitation. This rule is 

intended to allow USCIS to more 

efficiently manage the intake and 

lottery process for these H-1B petitions. 

Timetable: 

Action Date FR Cite 

NPRM 08/00/10 

NPRM Comment 

Period End 

10/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Claudia F. Young, 

Department of Homeland Security, U.S. 

Citizenship and Immigration Services, 

Service Center Operations, 20 

Massachusetts Avenue NW., 

Washington, DC 20529 

Phone: 202 272–8163 

Email: cf1young@dhs.gov 

RIN: 1615–AB71 

186. U. S. CITIZENSHIP AND 

IMMIGRATION SERVICES FEE 

SCHEDULE 

Legal Authority: 8 USC 1356(m) 

Abstract: This rule will adjust the fee 

schedule for U.S. Citizenship and 

Immigration Services (USCIS) 

immigration and naturalization benefit 

applications and petitions, including 

nonimmigrant applications and visa 

petitions. These fees fund the cost of 

processing applications and petitions 

for immigration benefits and services, 

and USCIS’ associated operating costs. 

USCIS is revising these fees because the 

current fee schedule does not 

adequately recover the full costs of 

services provided by USCIS. Without 

an adjustment of the fee schedule, 

USCIS cannot provide adequate 

capacity to process all applications and 

petitions in a timely and efficient 

manner. The fee review is undertaken 

pursuant to the requirements of the 

Chief Financial Officers Act of 1990 

(CFO Act), 31 U.S.C. 901-03. The CFO 

Act requires each agency’s chief 

financial officer (CFO) to ‘‘review, on 

a biennial basis, the fees, royalties, 

rents, and other charges imposed by the 

agency for services and things of value 

it provides, and make recommendations 

on revising those charges to reflect 

costs incurred by it in providing those 

services and things of value.’’ Id. at 

902(a)(8). This rule will reflect 

recommendations made by the DHS 

CFO and USCIS CFO, as required under 

the CFO Act. 

Timetable: 

Action Date FR Cite 

NPRM 06/00/10 

NPRM Comment 

Period End 

08/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Rendell Jones, Chief 

Financial Officer, Department of 

Homeland Security, U.S. Citizenship 

and Immigration Services, Suite 4018, 

20 Massachusetts Avenue NW., 

Washington, DC 20259 

Phone: 202 272–1969 

Fax: 202 272–1970 

Email: rendell.jones@dhs.gov 

RIN: 1615–AB80 

Department of Homeland Security (DHS) Final Rule Stage 

U.S. Citizenship and Immigration Services (USCIS) 

187. COMMONWEALTH OF THE 

NORTHERN MARIANA ISLANDS 

TRANSITIONAL NONIMMIGRANT 

INVESTOR CLASSIFICATION 

Legal Authority: 8 USC 1101 to 1103; 

8 USC 1182; 8 USC 1184; 8 USC 1186a 

Abstract: On May 8, 2008, Public Law 

110-229, Commonwealth Natural 

Resources Act, established a 

transitional period for the application 

of the Immigration and Nationality Act 

(INA) to the Commonwealth of the 

Northern Mariana Islands (CNMI). 

Although the CNMI is subject to most 

U.S. laws, the CNMI has administered 

its own immigration system under the 

terms of its 1976 covenant with the 

United States. The Department of 

Homeland Security is proposing to 

amend its regulations by creating a new 

E2 CNMI Investor classification for the 

duration of the transition period. These 

temporary provisions are necessary to 

reduce the potential harm to the CNMI 

economy before these foreign workers 

and investors are required to convert 

into U.S. immigrant or nonimmigrant 

visa classifications. 

Timetable: 

Action Date FR Cite 

NPRM 09/14/09 74 FR 46938 

NPRM Comment 

Period End 

10/14/09 

Final Action 07/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Kevin J. Cummings, 

Chief of Business and Foreign Workers 

Division, Department of Homeland 

Security, U.S. Citizenship and 

Immigration Services, Office of Policy 

and Strategy, 20 Massachusetts Avenue 

NW., Washington, DC 20529–2140 

Phone: 202 272–8410 

Fax: 202 272–1542 

Email: kevin.cummings@dhs.gov 

RIN: 1615–AB75 


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Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda 21809 

Department of Homeland Security (DHS) Proposed Rule Stage 

U.S. Coast Guard (USCG) 

188. NUMBERING OF 

UNDOCUMENTED BARGES 

(USCG–1998–3798) 

Legal Authority: 46 USC 12301 

Abstract: Title 46 U.S.C. 12301, as 

amended by the Abandoned Barge Act 

of 1992, requires that all undocumented 

barges of more than 100 gross tons 

operating on the navigable waters of the 

United States be numbered. This 

rulemaking would establish a 

numbering system for these barges. The 

numbering of undocumented barges 

will allow identification of owners of 

barges found abandoned and help 

prevent future marine pollution. This 

rulemaking supports the Coast Guard’s 

broad role and responsibility of 

maritime stewardship. 

Timetable: 

Action Date FR Cite 

Request for 

Comments 

10/18/94 59 FR 52646 

Comment Period End 01/17/95 

ANPRM 07/06/98 63 FR 36384 

ANPRM Comment 

Period End 

11/03/98 

NPRM 01/11/01 66 FR 2385 

NPRM Comment 

Period End 

04/11/01 

NPRM Reopening of 

Comment Period 

08/12/04 69 FR 49844 

NPRM Comment 

Period End 

11/10/04 

Supplemental NPRM 11/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

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 

RIN: 1625–AA14 

189. COMMERCIAL FISHING 

INDUSTRY VESSELS 

(USCG–2003–16158) 

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) 

Abstract: This rulemaking would 

amend commercial fishing industry 

vessel requirements to enhance 

maritime safety. The proposed changes 

would affect vessel stability and 

watertight integrity, carriage of 

immersion suits, training, compliance 

documentation, and safety equipment. 

Timetable: 

Action Date FR Cite 

ANPRM 03/31/08 73 FR 16815 

ANPRM Comment 

Period End 

12/15/08 

NPRM 10/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Jack Kemerer, Project 

Manager, CG–5433, Department of 

Homeland Security, U.S. Coast Guard, 

2100 Second Street SW., Washington, 

DC 20593 

Phone: 202 372–1249 

Email: jack.a.kemerer@uscg.mil 

RIN: 1625–AA77 

190. INSPECTION OF TOWING 

VESSELS (USCG–2006–24412) 

Legal Authority: 46 USC 3103, 3301, 

3306, 3308, 3316, 3703, 8104, and 

8904; DHS Delegation No 0170.1 

Abstract: This rulemaking would 

implement a program of inspection for 

certification of towing vessels, which 

were previously uninspected. It would 

prescribe standards for safety 

management systems and third-party 

entities, along with standards for 

construction, operation, vessel systems, 

safety equipment, and recordkeeping. 

Due to the costs imposed on an entire 

uninspected segment of the marine 

industry, the Coast Guard projects that 

this will be a significant rulemaking, 

especially for small entities. 

Timetable: 

Action Date FR Cite 

NPRM 08/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Michael Harmon, 

Program Manager, CG–522, Department 

of Homeland Security, U.S. Coast 

Guard, 2100 Second Street SW., STOP 

7126, Washington, DC 20593–7126 

Phone: 202 372–1427 

RIN: 1625–AB06 

Department of Homeland Security (DHS) Final Rule Stage 

U.S. Coast Guard (USCG) 

191. STANDARDS FOR LIVING 

ORGANISMS IN SHIPS’ BALLAST 

WATER DISCHARGED IN U.S. 

WATERS (USCG–2001–10486) 

Legal Authority: 16 USC 4711 

Abstract: This rulemaking would 

propose to add 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 significant due to high interest from 

Congress and several Federal and State 

agencies, as well as costs imposed on 

industry. 

Timetable: 

Action Date FR Cite 

ANPRM 03/04/02 67 FR 9632 

ANPRM Comment 

Period End 

06/03/02 

NPRM 08/28/09 74 FR 44632 

Public Meeting 09/14/09 74 FR 46964 

Public Meeting 09/22/09 74 FR 48190 

Public Meeting 09/28/09 74 FR 49355 

Notice—Extension of 

Comment Period 

10/15/09 74 FR 52941 

Public Meeting 10/22/09 74 FR 54533 

Public Meeting 

Correction 

10/26/09 74 FR 54944 

NPRM Comment 

Period End 

12/04/09 74 FR 52941 

Final Rule 12/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Mr. John C Morris, 

Project Manager, Department of 

Homeland Security, U.S. Coast Guard, 

2100 Second Street SW., STOP 7126, 

Washington, DC 20593–7126 

Phone: 202 372–1433 

Email: john.c.morris@uscg.mil 

RIN: 1625–AA32 

192. PASSENGER WEIGHT AND 

INSPECTED VESSEL STABILITY 

REQUIREMENTS (USCG–2007–0030) 

Legal Authority: 33 USC 1321(j); 43 

USC 1333; 46 USC 2103, 2113, 3205, 

3301, 3306, 3307, 3703, 5115, 6101; 49 


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DHS—USCG Final Rule Stage 

USC App 1804; EO 11735; EO 12234; 

DHS Delegation No 0170.1; PL 

103–206, 107 Stat 2439; 49 USC App 

1804; EO 11735 

Abstract: The Coast Guard proposes 

developing a rule that addresses both 

the stability calculations and the 

environmental operating requirements 

for certain domestic passenger vessels. 

The proposed rule would address the 

outdated per-person weight averages 

that are currently used in stability 

calculations for certain domestic 

passenger vessels. In addition, the 

proposed rule would add 

environmental operating requirements 

for domestic passenger vessels that 

could be adversely affected by sudden 

inclement weather. This rulemaking 

would increase passenger safety by 

significantly reducing the risk of certain 

types of passenger vessels capsizing 

due to either passenger overloading or 

operating these vessels in hazardous 

weather conditions. This rulemaking 

would support the Coast Guard’s broad 

role and responsibility of maritime 

safety. 

Timetable: 

Action Date FR Cite 

NPRM 08/20/08 73 FR 49244 

NPRM Comment 

Period End 

11/18/08 

NPRM Comment 

Period Reopened 

12/08/08 73 FR 74426 

NPRM Comment 

Period End 

02/06/09 

NPRM Comment 

Period Reopened 

02/18/09 74 FR 7576 

Action Date FR Cite 

NPRM Comment 

Period End 

03/20/09 

Final Action 06/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: William Peters, 

Program Manager, Office of Design and 

Engineering Standards, Systems 

Engineering Division (CG–5212), 

Department of Homeland Security, U.S. 

Coast Guard, 2100 Second Street SW., 

STOP 7126, Washington, DC 

20593–7126 

Phone: 202 372–1371 

Email: william.s.peters@uscg.mil 

RIN: 1625–AB20 

Department of Homeland Security (DHS) Long-Term Actions 

U.S. Coast Guard (USCG) 

193. CLAIMS PROCEDURES UNDER 

THE OIL POLLUTION ACT OF 1990 

(USCG–2004–17697) 

Legal Authority: 33 USC 2713 and 

2714 

Abstract: This rulemaking implements 

section 1013 (Claims Procedures) and 

section 1014 (Designation of Source 

and Advertisement) of the Oil Pollution 

Act of 1990. 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 the Oil Pollution 

Act (OPA) of 1990, 33 U.S.C. 

2712(a)(4). Release of this more 

comprehensive notice of proposed 

rulemaking has been delayed while the 

Coast Guard gained experience on NRD 

claims, as well as other OPA damages. 

This rulemaking supports the Coast 

Guard’s broad role and responsibility of 

maritime stewardship. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 08/12/92 57 FR 36314 

Correction 09/09/92 57 FR 41104 

Interim Final Rule 

Comment Period 

End 

12/10/92 

Supplemental NPRM 04/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Benjamin White, 

Project Manager, National Pollution 

Funds Center, Department of Homeland 

Security, U.S. Coast Guard, NPFC MS 

7100, United States Coast Guard, 4200 

Wilson Boulevard, Arlington, VA 

20598–7100 

Phone: 202 493–6863 

Email: benjamin.h.white@uscg.mil 

RIN: 1625–AA03 

194. GREAT LAKES PILOTAGE 

RATES—2010 ANNUAL REVIEW AND 

ADJUSTMENT (SECTION 610 REVIEW) 

Legal Authority: 46 USC 9303(f) 

Abstract: The Coast Guard is proposing 

to update the rates for pilotage on the 

Great Lakes by 5.07 percent to generate 

sufficient revenue to cover allowable 

expenses, target pilot compensation, 

and returns on investment. The 

proposed update reflects an August 1, 

2010, increase in benchmark 

contractual wages and benefits, as well 

as an increase in the ratio of pilots to 

‘‘bridge hours.’’ This rulemaking 

promotes the Coast Guard strategic goal 

of maritime safety. 

Timetable: 

Action Date FR Cite 

NPRM 10/30/09 74 FR 56153 

NPRM Comment 

Period End 

11/30/09 

Next Action Undetermined 

Regulatory Flexibility Analysis 

Required: No 

Agency Contact: Paul Wasserman, 

Director, Great Lakes Pilotage 

(CG–54122), Department of Homeland 

Security, U.S. Coast Guard, 2100 

Second Street SW., STOP 7581, 

Washington, DC 20593–7581 

Phone: 202 372–1535 

Email: paul.m.wasserman@uscg.mil 

RIN: 1625–AB39 


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Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda 21811 

Department of Homeland Security (DHS) Prerule Stage 

U.S. Customs and Border Protection (USCBP) 

195. ∑ TRANSPORTATION OF 

CERTAIN MERCHANDISE AND 

EQUIPMENT BETWEEN COASTWISE 

POINTS 

Legal Authority: 46 USC 55102 

Abstract: The Jones Act provides that 

only coastwise-qualified vessels may 

transport merchandise between 

coastwise points. During 2009, U.S. 

Customs and Border Protection 

proposed modifying previously-issued 

ruling letters that determined whether 

the transportation of certain articles 

and equipment by non-coastwisequalified vessels between coastwise 

points was in violation of the Jones 

Act. Because any determination on this 

matter made by CBP would impact a 

broad range of regulated parties, and 

the scope of potential economic impact 

of any change in existing practice is 

unknown, CBP is issuing an advance 

notice of proposed rulemaking to solicit 

public comment. 

Timetable: 

Action Date FR Cite 

ANPRM 06/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Glen E. Vereb, Chief, 

Cargo Security, Carriers and 

Immigration Branch, Office of 

International Trade, Department of 

Homeland Security, U.S. Customs and 

Border Protection, 1300 Pennsylvania 

Avenue NW., Washington, DC 20229 

Phone: 202 325–0212 

RIN: 1651–AA84 

Department of Homeland Security (DHS) Final Rule Stage 

U.S. Customs and Border Protection (USCBP) 

196. IMPORTER SECURITY FILING 

AND ADDITIONAL CARRIER 

REQUIREMENTS 

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 

Abstract: This interim final rule 

implements the provisions of section 

203 of the Security and Accountability 

for Every Port Act of 2006. It amends 

CBP Regulations to require carriers and 

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

system, information necessary to enable 

CBP to identify high-risk shipments to 

prevent smuggling and insure cargo 

safety and security. Under the rule, 

importers and carriers must submit 

specified information to CBP before the 

cargo is brought into the United States 

by vessel. This advance information 

will improve CBP’s risk assessment and 

targeting capabilities, assist CBP in 

increasing the security of the global 

trading system, and facilitate the 

prompt release of legitimate cargo 

following its arrival in the United 

States. 

Timetable: 

Action Date FR Cite 

NPRM 01/02/08 73 FR 90 

NPRM Comment 

Period End 

03/03/08 

NPRM Comment 

Period Extended 

02/01/08 73 FR 6061 

NPRM Comment 

Period End 

03/18/08 

Interim Final Rule 11/25/08 73 FR 71730 

Action Date FR Cite 

Interim Final Rule 

Effective 

01/26/09 

Interim Final Rule 

Comment Period 

End 

06/01/09 

Correction 12/24/09 74 FR 68376 

Final Action 11/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Richard DiNucci, 

Department of Homeland Security, U.S. 

Customs and Border Protection, Office 

of Field Operations, 1300 Pennsylvania 

Avenue, NW., Washington, DC 20229 

Phone: 202 344–2513 

Email: richard.dinucci@dhs.gov 

RIN: 1651–AA70 

Department of Homeland Security (DHS) Final Rule Stage 

Transportation Security Administration (TSA) 

197. AIRCRAFT REPAIR STATION 

SECURITY 

Legal Authority: 49 USC 114; 49 USC 

44924 

Abstract: The Transportation Security 

Administration (TSA) proposed to add 

a new regulation to improve the 

security of domestic and foreign aircraft 

repair stations, as required by the 

section 611 of Vision 100—Century of 

Aviation Reauthorization Act and 

section 1616 of the 9/11 Commission 

Act of 2007. The regulation proposed 

general requirements for security 

programs to be adopted and 

implemented by repair stations 

certificated by the Federal Aviation 

Administration (FAA). A notice of 

proposed rulemaking (NPRM) was 

published in the Federal Register on 

November 18, 2009, requesting public 

comments to be submitted on January 

19, 2010. The comment period was 

extended to February 19, 2010. 

Timetable: 

Action Date FR Cite 

Notice—Public 

Meeting; Request 

for Comments 

02/24/04 69 FR 8357 

Report to Congress 08/24/04 

NPRM 11/18/09 74 FR 59873 

NPRM Comment 

Period End 

01/19/10 

Action Date FR Cite 

NPRM Comment 

Period Extended 

12/29/09 74 FR 68774 

NPRM Extended 

Comment Period 

End 

02/19/10 

Final Rule 12/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Celio Young, Program 

Manager, Repair Stations, Department 

of Homeland Security, Transportation 

Security Administration, Office of 

Transportation Sector Network 

Management, General Aviation 


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DHS—TSA Final Rule Stage 

Division, TSA–28, HQ, E5, 601 South 

12th Street, Arlington, VA 20598–6028 

Phone: 571 227–3580 

Fax: 571 227–1362 

Email: celio.young@dhs.gov 

Thomas (Tom) Philson, Manager, 

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 

Email: thomas.philson@dhs.gov 

Linda L. Kent, Assistant Chief Counsel, 

Regulations and Security Standards 

Division, Department of Homeland 

Security, Transportation Security 

Administration, Office of the Chief 

Counsel, TSA–2, HQ, E12–126S, 601 

South 12th Street, Arlington, VA 

20598–6002 

Phone: 571 227–2675 

Fax: 571 227–1381 

Email: linda.kent@dhs.gov 

RIN: 1652–AA38 

Department of Homeland Security (DHS) Long-Term Actions 

Transportation Security Administration (TSA) 

198. MODIFICATION OF THE 

AVIATION SECURITY 

INFRASTRUCTURE FEE (ASIF) 

(MARKET SHARE) 

Legal Authority: 49 USC 44901; 49 

USC 44940 

Abstract: The Transportation Security 

Administration will revise the method 

for apportioning the Aviation Security 

Infrastructure Fee (ASIF) among air 

carriers. The ASIF is a fee imposed on 

air carriers and foreign air carriers to 

help pay the Government’s costs of 

providing civil aviation security 

services. 

Starting in fiscal year 2005, the 

Aviation and Transportation Security 

Act (ATSA) (Pub. L. 107-71; Nov. 19, 

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

authorizes TSA to change the 

methodology for imposing the ASIF on 

air carriers and foreign air carriers from 

a system based on their 2000 screening 

costs to a system based on market share 

or other appropriate measures. 

On November 5, 2003, the 

Transportation Security Administration 

(TSA) published a notice requesting 

comment on possible changes in order 

to allow for open industry and public 

input. TSA sought comments on issues 

regarding how to impose the ASIF, and 

whether, when, and how often the 

ASIF should be adjusted. The comment 

period was extended on the notice for 

an additional 30 days, until February 

5, 2004. TSA is considering a market 

share methodology for implementation. 

Timetable: 

Action Date FR Cite 

Notice; Requesting 

Comment– 

Imposition of the 

Aviation Security 

Infrastructure Fee 

(ASIF) 

11/05/03 68 FR 62613 

Notice—Imposition of 

ASIF; Comment 

Period End 

01/05/04 

Notice—Imposition of 

ASIF; Comment 

Period Extended 

12/31/03 68 FR 75611 

Notice—Imposition of 

ASIF; Extended 

Comment Period 

End 

02/05/04 

Next Action Undetermined 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Michael Gambone, 

Deputy Director, Office of Revenue, 

Department of Homeland Security, 

Transportation Security Administration, 

Office of Finance and Administration, 

TSA–14, HQ, W12–319, 601 South 12th 

Street, Arlington, VA 20598–6014 

Phone: 571 227–1081 

Fax: 571 227–2904 

Email: michael.gambone@dhs.gov 

Nicholas (Nick) Acheson, Sr. 

Economist, Regulatory Development 

and Economic Analysis, Department of 

Homeland Security, Transportation 

Security Administration, Office of 

Transportation Sector Network 

Management, TSA–28, HQ, E10–410N, 

601 South 12th Street, Arlington, VA 

20598–6028 

Phone: 571 227–5474 

Fax: 571 227–1362 

Email: nicholas.acheson@dhs.gov 

Linda L. Kent, Assistant Chief Counsel, 

Regulations and Security Standards 

Division, Department of Homeland 

Security, Transportation Security 

Administration, Office of the Chief 

Counsel, TSA–2, HQ, E12–126S, 601 

South 12th Street, Arlington, VA 

20598–6002 

Phone: 571 227–2675 

Fax: 571 227–1381 

Email: linda.kent@dhs.gov 

RIN: 1652–AA43 

Department of Homeland Security (DHS) Proposed Rule Stage 

Federal Emergency Management Agency (FEMA) 

199. UPDATE OF FEMA’S PUBLIC 

ASSISTANCE REGULATIONS 

Legal Authority: 42 USC 5121 to 5207 

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 nonsubstantive 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 


erowe on DSK5CLS3C1PROD with PROPOSALS
Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda 21813 

DHS—FEMA Proposed Rule Stage 

process, empowering grantees, and 

improving State Administrative Plans. 

Timetable: 

Action Date FR Cite 

NPRM 12/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: James A. Walke, 

Disaster Assistance Directorate, 

Department of Homeland Security, 

Federal Emergency Management 

Agency, 500 C Street SW., Washington, 

DC 20472–3100 

Phone: 202 646–2751 

Fax: 202 646–3304 

Email: james.walke@dhs.gov 

RIN: 1660–AA51 

[FR Doc. 2010–8960 Filed 04–23–10; 8:45 

am] 

BILLING CODE 9110–9B–S 


erowe on DSK5CLS3C1PROD with PROPOSALS