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 

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
 

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 23, 2013, at 78 FR 44266. 

 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. 

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
 

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

Regulatory Information Service Center. 

Dated: August 29, 2013. 

NAME: Christina E. McDonald,

Associate General Counsel for Regulatory Affairs.

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
The 139 Regulatory Agendas

Office of the Secretary - Proposed Rule

Title

Regulation 

Identifier 

Number

Freedom of Information Act and Privacy Act Procedures 1601-AA00

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

Petitions for Rulemaking, Amendment, or Repeal 1601-AA56

Office of the Secretary - Final Rule

Title

Regulation 

Identifier 

Number

Ammonium Nitrate Security Program 1601-AA52

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

Classified National Security Information 1601-AA68

Office of the Secretary - Long-term Action

Title

Regulation 

Identifier 

Number

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

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

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

U.S. Citizenship and Immigration Services - Proposed Rule

Title

Regulation 

Identifier 

Number

Asylum and Withholding Definitions 1615-AA41

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

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

Employment Authorization for Certain H-4 Dependent Spouses 1615-AB92

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

Enhancing Opportunities for H-1B1, CW-1, and E-3 Nonimmigrants and EB-1 Immigrants 1615-AC00

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

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

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

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

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

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

Special Immigrant Juvenile Petitions 1615-AB81

Notices of Decisions and Documents Evidencing Lawful Status 1615-AC01

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

Title

Regulation 

Identifier 

Number

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

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

Status To Be Filed Electronically 1615-AB94

Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program 1615-AC02

U.S. Coast Guard - PreRule

Title

Regulation 

Identifier 

Number

Safety and Environmental Management System Requirements on the U.S. Outer Continental Shelf 1625-AC05

Training of Personnel and Manning on Mobile Offshore Units and Offshore Supply Vessels Engaged in U.S. Outer

Continental Shelf Activities 1625-AC10

U.S. Coast Guard - Proposed Rule

Title

Regulation 

Identifier 

Number

Numbering of Undocumented Barges 1625-AA14

Outer Continental Shelf Activities 1625-AA18

Commercial Diving Operations 1625-AA21

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

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

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

Tonnage Regulations Amendments 1625-AB74

Lifesaving Devices Uninspected Vessels Commercial Barges and Sailing Vessels 1625-AB83

Cruise Vessel Security and Safety Act of 2010: Implementation 1625-AB91

Deepwater Ports 1625-AB92

Marine Casualty Reporting on the Outer Continental Shelf 1625-AB99

Personal Flotation Devices Labeling and Standards 1625-AC02

Great Lakes Pilotage Rates--2014 Annual Review and Adjustment 1625-AC07

U.S. Coast Guard - Final Rule

Title

Regulation 

Identifier 

Number

Discharge-Removal Equipment for Vessels Carrying Oil 1625-AA02

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

Watchkeeping (STCW) for Seafarers, 1978 1625-AA16

Commercial Fishing Industry Vessels 1625-AA77

Dry Cargo Residue Discharges in the Great Lakes 1625-AA89

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

Inspection of Towing Vessels 1625-AB06

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

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

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

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

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

Revision of Coast Guard Auxiliary Regulations 1625-AB66

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

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

Commercial Fishing Vessels--Implementation of 2010 and 2012 Legislation 1625-AB85

Changes to the Inland Navigation Rules of the Road 1625-AB88

2012 Liquid Chemical Categorization Updates 1625-AB94

Double Hull Tanker Escorts on the Waters of Prince William Sound, AK 1625-AB96

Implementation of MARPOL Annex V Amendments 1625-AB97

Electrical Equipment in Hazardous Locations 1625-AC00

Amendments to 33 CFR Part 177--Removing the Wave Height Provisions and Regulated Boating Areas for Bar

Crossing Locations Along the Coasts of Oregon and Washington 1625-AC01

Inland Waterways Navigation Regulations, St. Mary's River 1625-AC04

Shipping and Transportation; Technical, Organizational, and Conforming Amendments 1625-AC08

Waiver for Marking Sunken Vessels With a Light at Night 1625-AC11

U.S. Coast Guard - Long-term Action

Title

Regulation 

Identifier 

Number

Safety Zone Regulations 1625-AA00

Special Anchorage Areas/Anchorage Grounds Regulations 1625-AA01

Regatta and Marine Parade Regulations 1625-AA08

Drawbridge Regulations 1625-AA09

Regulated Navigation Areas 1625-AA11

Security Zone Regulations 1625-AA87

Amendments to Chemical Testing Requirements 1625-AB58

U.S. Coast Guard - Completed Action

Title

Regulation 

Identifier 

Number

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

Marine Vapor Control Systems 1625-AB37

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

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

Vessel Traffic Service Updated, Including Establishment of Vessel Traffic Service in Port Arthur, Texas, and Expansion

of a VTS Special Area in Puget Sound, Washington 1625-AB81

Seagoing Barges 1625-AC03

Navigation and Navigable Waters: Technical, Orginizational, and Conforming Amendments 1625-AC06

TWIC not Evidence of Resident Alien Status 1625-AC09

U.S. Customs and Border Protection - Proposed Rule

Title

Regulation 

Identifier 

Number

Waiver of Passport and Visa Requirements Due to an Unforeseen Emergency 1651-AA97

Amendments to Importer Security Filing and Additional Carrier Requirements 1651-AA98

Nonimmigrant Classes: Temporary Visitors to the United States for Business or Pleasure 1651-AA99

Small Vessel Reporting System 1651-AB00

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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

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

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

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

Definition of Form I-94 to Include Electronic Format 1651-AA96

The U.S. Asia-Pacific Economic Cooperation Business Travel Card Program 1651-AB01

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

Title

Regulation 

Identifier 

Number

Morses Line Border Crossing 1651-AA88

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

Security Training for Surface Mode 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

Passenger Screening Using Advanced Imaging Technology 1652-AA67

Transportation Security Administration - Long-term Action

Title

Regulation 

Identifier 

Number

Protection of Sensitive Security Information (SSI) 1652-AA08

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

U.S. Immigration and Customs Enforcement - Proposed Rule

Title

Regulation 

Identifier 

Number

Amendment to Accommodate Process Changes with SEVIS II Implementation 1653-AA44

Adjustments to Limitations on Designated School Official Assignment and Study By F-2 and M-2 Nonimmigrants 1653-AA63

Optional Practical Training for F-1 Nonimmigrant Students With Prior STEM Degrees 1653-AA64

New Treasury Determination of Interest Rate for Cash Deposits to Secure Immigration Bonds 1653-AA66

Procedures for Declining To Accept Immigration Bonds Underwritten by Treasury-Certified Surety Companies and Their

Agents Acting as Co-Obligors 1653-AA67

Classification and Clarification of Form I-9 Substantive and Technical or Procedural Paperwork Failures and Violations 1653-AA68

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Strengthening Oversight of F and M Nonimmigrant Students and Schools Certified to Enroll Them 1653-AA70

U.S. Immigration and Customs Enforcement - Final Rule

Title

Regulation 

Identifier 

Number

Standards To Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities 1653-AA65

Rescinding Suspension of Enrollment for Certain F and M Nonimmigrant Students from Libya and Third Country

Nationals Acting on Behalf of Libyan Entities 1653-AA69

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

Title

Regulation 

Identifier 

Number

Protection and Assistance for Victims of Trafficking 1653-AA09

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

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

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

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

Federal Emergency Management Agency - PreRule

Title

Regulation 

Identifier 

Number

Hazard Mitigation Grant Program (HMGP); Program Administration By States 1660-AA80

Federal Emergency Management Agency - Proposed Rule

Title

Regulation 

Identifier 

Number

Public Assistance Cost Estimating Format for Large Projects 1660-AA73

Federal Emergency Management Agency - Final Rule

Title

Regulation 

Identifier 

Number

Debris Removal: Eligibility of Force Account Labor Straight-Time Costs Under the Public Assistance Program for

Hurricane Sandy 1660-AA75

Change in Submission Requirements for State Mitigation Plans 1660-AA77

Federal Emergency Management Agency - Long-term Action

Title

Regulation 

Identifier 

Number

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

Disaster Assistance; Public Assistance Repetitive Damage 1660-AA47

Disaster Assistance; Fire Management Assistance Grant (FMAG) Program Deadline Extensions and Administrative

Corrections 1660-AA78

Federal Emergency Management Agency - Completed Action

Title

Regulation 

Identifier 

Number

Housing Assistance Due to Structural Damage 1660-AA68

Dispute Resolution Pilot Program for Public Assistance Appeals 1660-AA79

Department of Homeland Security (DHS) 

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

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
 View Related Documents

Title: Freedom of Information Act and Privacy Act Procedures

Abstract: This rulemaking action will propose to 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

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 01/27/2003 68 FR 4056 

Interim Final Rule Comment Period End 02/26/2003 

NPRM 03/00/2014 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: James Holzer 

Director, Disclosure and FOIA Operations

Department of Homeland Security

Office of the Secretary

1601 N. Kent Street, Arlington, VA 22209

Arlington , VA 22209 

Phone: 703 235-0149

E-Mail: james.holzer@hq.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: An interim final rule established 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: Other Significant 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 03/06/2003 68 FR 10892 

Interim Final Rule Comment Period End 04/07/2003 

NPRM 07/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: Tamara Kessler 

9

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Acting Officer for Civil Rights and Civil Liberties

Department of Homeland Security

Office of the Secretary

Mail Stop 0190, 245 Murray Lane SW., Building 410, Washington, DC 20528-0190

Washington , DC 20528-0190 

Phone: 202 357-6272

E-Mail: tamara.kessler@hq.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: An interim final rule 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: Other Significant Agenda Stage of Rulemaking: Proposed Rule

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 03/06/2003 68 FR 10904 

Interim Final Rule Comment Period End 04/07/2003 

NPRM 07/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: Tamara Kessler 

Acting Officer for Civil Rights and Civil Liberties

Department of Homeland Security

Office of the Secretary

Mail Stop 0190, 245 Murray Lane SW., Building 410, Washington, DC 20528-0190

Washington , DC 20528-0190 

Phone: 202 357-6272

E-Mail: tamara.kessler@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

Timetable:

Action Date FR Cite

NPRM 06/00/2014 

10

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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

Department of Homeland Security

Office of the Secretary

Washington, DC 20528

Washington , DC 20528 

Phone: 202 447-3626

E-Mail: christina.mcdonald@hq.dhs.gov

Department of Homeland Security (DHS) 

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

 View Related Documents

Title: Ammonium Nitrate Security 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: Final 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 

Other Statutory Publication of Final Rule 12/26/2008 

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. This rule 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 email 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 Bureau of Alcohol, Tobacco, Firearms and Explosives (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 sought public comment on the numerous alternative ways in which the Department could

carry out the requirements of the Secure Handling of Ammonium Nitrate provisions of the Homeland Security Act.

Costs and Benefits: In its proposed rule, the Department estimated 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 (co11

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
ops), golf courses, landscaping services, explosives distributors, mines, retail garden centers, and lab supply wholesalers. The

Department estimated 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

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

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 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

the 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 

Final Rule 03/00/2014 

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 

Chief, Rulemaking Section

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

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-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.

12

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

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:

Action Date FR Cite

Interim Final Rule 02/02/2010 75 FR 5225 

Interim Final Rule Effective 03/04/2010 

Interim Final Rule Comment Period End 03/04/2010 

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

Interim Final Rule Comment Period End 03/02/2011 

Final Rule 03/00/2014 

Additional Information: CIS 2446-08

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: Catherine O'Connell 

Disciplinary Counsel

Department of Homeland Security

Office of the Secretary

Office of the Secretary, 20 Massachusetts Avenue NW., Room 4210 , Washington, DC 20529

Washington , DC 20529 

Phone: 202 272-1873

E-Mail: disciplinarycounsel@uscis.dhs.gov

Department of Homeland Security (DHS) 

Office of the Secretary ( OS ) RIN: 1601-AA68

 View Related Documents

Title: Classified National Security Information

Abstract: The Department of Homeland Security (DHS) is revising its procedures for managing classified national security

information. DHS is updating its regulations to incorporate new and revised procedures pursuant to Executive Order 13526,

"Classified National Security Information." Further, DHS is delegating to the Chief Security Officer of DHS the responsibility of

serving as the "Senior Agency Official" pursuant to Executive Order 13526.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 6 CFR 7 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: EO 13526; EO 13142; PL 107-296; 5 USC 301; ...

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 12/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Related RINs: Related to 1601-AA02

Agency Contact: John J. Young 

Chief, Administrative Security Division

Department of Homeland Security

Office of the Secretary

301 7th Street SW., Washington, DC 20528

Washington , DC 20528 

Phone: 202 447-5337

E-Mail: john.young@hq.dhs.gov

13

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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: An interim final rule established 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. The Department will issue a

Notice of Proposed Rulemaking to propose to revise and update the interim final rule to reflect statutory changes and the

current structure of the Department.

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

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

NPRM 

Interim Final Rule 03/06/2003 68 FR 10886 

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: Tamara Kessler 

Acting Officer for Civil Rights and Civil Liberties

Department of Homeland Security

Office of the Secretary

Mail Stop 0190, 245 Murray Lane SW., Building 410, Washington, DC 20528-0190

Washington , DC 20528-0190 

Phone: 202 357-6272

E-Mail: tamara.kessler@hq.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: Long-term Action

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

Final Action 

NPRM 10/12/2011 76 FR 63206 

NPRM Comment Period End 12/12/2011 

14

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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: Susan Heller 

Associate General Counsel, Ethics

Department of Homeland Security

Office of the Secretary

Office of the General Counsel, Washington, DC 20528

Washington , DC 20528 

Phone: 202 447-3266

FAX: 202 282-9099

E-Mail: susan.heller@hq.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. Upon Presidential

approval of the 2013 Continuing Resolution, the "Office of Biometric Identity Management" (OBIM) was created in March 2013,

and replaced the US-VISIT program. The 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; 8 USC 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: Steve Yonkers 

Senior Policy Advisor

Department of Homeland Security

Office of the Secretary

245 Murray Lane SW., Washington, DC 20528

Washington , DC 20528 

Phone: 202 282-9740

E-Mail: steve.yonkers@hq.dhs.gov

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

15

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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

Washington , DC 20472-3100 

Phone: 202 646-4380

FAX: 202 646-2689

E-Mail: david.myers1@hq.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. This rule will also 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

(BIA).

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

16

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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." Before DHS

publishes a new proposed rule, DHS will consider 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. 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

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 risk 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 06/00/2014 

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, Office of Refugee, Asylum, and International Operations

Department of Homeland Security

U.S. Citizenship and Immigration Services

20 Massachusetts Avenue NW., Suite 6030, Washington, DC 20259

Washington , DC 20259 

Phone: 202 272-1614

FAX: 202 272-1994

E-Mail: ted.h.kim@uscis.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

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 Department of Homeland Security (DHS) and the Department of 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

17

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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: The Child Soldier Accountability Act (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 an alien 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 05/00/2014 

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, Office of Refugee, Asylum, and International Operations

Department of Homeland Security

U.S. Citizenship and Immigration Services

20 Massachusetts Avenue NW., Suite 6030, Washington, DC 20259

Washington , DC 20259 

Phone: 202 272-1614

FAX: 202 272-1994

E-Mail: ted.h.kim@uscis.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 when the applicant's actions were taken when the applicant was under duress.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1; 8 CFR 207; 8 CFR 208; 8 CFR 240; 8 CFR 244; 8 CFR 1001; 8 CFR 1208; 8 CFR 1240 (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.

18

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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 individuals who engaged in persecution of others under duress. 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

public.

Timetable:

Action Date FR Cite

NPRM 09/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related Agencies: Joint : DOJ

Agency Contact: Ronald W. Whitney 

Deputy Chief, Refugee and Asylum Law Division

Department of Homeland Security

U.S. Citizenship and Immigration Services

Office of Chief Counsel, 20 Massachusetts Avenue NW., Washington, DC 20529

Washington , DC 20529 

Phone: 415 293-1244

FAX: 202 272-1411

E-Mail: ronald.w.whitney@uscis.dhs.gov

Department of Homeland Security (DHS) 

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

 View Related Documents

Title: Employment Authorization for Certain H-4 Dependent Spouses

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

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

seeking lawful permanent resident status through employment. 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

Regulatory Plan:

Statement of Need: DHS believes that allowing for extension of H-1B status past the 6th year for workers who are the

beneficiaries of certain pending or approved employment-based immigrant petitions or labor certification applications would

minimize the disruption to U.S. businesses employing H-1B workers that would result if such workers were required to leave the

United States. DHS recognizes that the limitation on the period of stay is not the only event that could cause an H-1B worker to

leave his or her employment and cause disruption to the employer's business, inclusive of the loss of significant time and

money invested in the immigration process. The rule, as proposed by this NPRM, is intended to mitigate some of the negative

economic effects of limiting H-1B households to one income during lengthy waiting periods in the adjustment of status process.

Also, this rule will encourage H-1B skilled workers to not abandon their adjustment application because their H-4 spouse is

unable to work.

Legal Basis: Sections 103(a), and 274A(h)(3) of the Immigration and Nationality Act (INA) generally authorize the Secretary

to provide for employment authorization for aliens in the United States. In addition, section 214(a)(1) of the INA authorizes the

Secretary to prescribe regulations setting terms and conditions of admission of nonimmigrants.

19

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Alternatives: An alternative considered by DHS was to permit employer authorization for all H-4 dependent spouses.

Congress has expressed concern with avoiding the disruption to U.S. businesses caused by the required departure of H-1B

workers (for whom the businesses intended to file employment-based immigrant visa petitions) upon the expiration of workers'

maximum six-year period of authorized stay. Although the inability of an H-4 spouse to work may cause an H-1B worker to

consider departing from the United States prior to his or her eligibility for an H-1B extension. This alternative was rejected in

favor of the proposed process to limit employment authorization to the smaller sub-class of H-4 nonimmigrants who intend to

remain in the United States permanently.

Costs and Benefits: The proposed changes would only impact spouses of H-1B workers who have been admitted or have

extended their stay under the provisions of AC21. The costs of the rule would stem from filing fees and the opportunity costs of

time associated with filing an Application for Employment Authorization for those eligible H-4 spouses who decide to seek

employment while residing in the United States. Allowing certain H-4 spouses the opportunity to work would result in a

negligible increase to the overall domestic labor force. The benefits of this rule are retaining highly-skilled persons who intend

to adjust to lawful permanent resident status. This is important when considering the contributions of these individuals to the

U.S. economy, including advances in entrepreneurial and research and development endeavors, which are highly correlated

with overall economic growth and job creation. In addition, the proposed amendments would bring U.S. immigration laws more

in line with other countries that seek to attract skilled foreign workers.

Risks:

Timetable:

Action Date FR Cite

NPRM 01/00/2014 

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

Agency Contact: Kevin J. Cummings 

Chief, 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

Washington , DC 20529-2140 

Phone: 202 272-1470

FAX: 202 272-1480

E-Mail: kevin.j.cummings@uscis.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, nonintegrated 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.

DHS is also finalizing four interim final rules affecting the H-1B (RIN 1615-AB68), H-1C (RIN 1615-AA35), K (RIN 1615-AA56),

and V (RIN 1615-AA53) nonimmigrant classes.

Priority: Substantive, Nonsignificant 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

20

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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 for 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 07/00/2014 

Additional Information: CIS# 2505-11. RINs 1615-AA35, 1615-AA53, 1615-AA56, and 1615-AB68 will be merged under this

rule, RIN 1615-AB95. 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-AB83; Related to 1615-

AA35; Related to 1615-AA53; Related to 1615-AA56; Related

to 1615-AB68

Agency Contact: Phillip Elder 

Associate Counsel

Department of Homeland Security

U.S. Citizenship and Immigration Services

20 Massachusetts Avenue NW., Washington, DC 20529

Washington , DC 20529 

Phone: 202 272-1400

E-Mail: phillip.d.elder@uscis.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 (DHS) and Department of Justice (DOJ) regulations

relating to asylum applications filed by unaccompanied alien children. The rule will amend both DHS and DOJ 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: No 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

21

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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 replace existing agency guidance on the specialized needs of unaccompanied alien children. The

rule will also incorporate policies in 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: This rule will codify existing agency guidance on the specialized needs of unaccompanied alien children

in accordance with implementing the TVPRA. In addition, the regulation will codify improvements that DHS has implemented

over the passage of time since TVPRA to incorporate lessons learned and operational efficiencies for USCIS and EOIR. DHS

anticipates that this rule would result in benefits both to the Federal Government by streamlining the processing of cases for

asylum by unaccompanied children, and to the public by ensuring that DHS regulations are transparent in the eligibility and

application requirements for this vulnerable population. DHS anticipates that any costs associated with establishing eligibility for

asylum under the TVPRA would be outweighed by the benefits of this rulemaking.

Risks: N/A

Timetable:

Action Date FR Cite

NPRM 09/00/2014 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Related Agencies: Joint : DOJ

Agency Contact: Ted Kim 

Deputy Chief, Asylum Division, Office of Refugee, Asylum, and International Operations

Department of Homeland Security

U.S. Citizenship and Immigration Services

20 Massachusetts Avenue NW., Suite 6030, Washington, DC 20259

Washington , DC 20259 

Phone: 202 272-1614

FAX: 202 272-1994

E-Mail: ted.h.kim@uscis.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 (AC21), Public Law 106-313, was enacted on October 17,

2000, along with two bills, the Visa Waiver Permanent Program Act (VWPPA), Public Law 106-311, and a bill to increase the

fee for certain H-1B 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 the Department of Homeland Security (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 DHS 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

22

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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 09/00/2014 

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, 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

Washington , DC 20529-2140 

Phone: 202 272-1470

FAX: 202 272-1480

E-Mail: kevin.j.cummings@uscis.dhs.gov

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 of Homeland Security (DHS), 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 proposes additional changes necessitated by the establishment of DHS 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 notes 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, DHS 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 09/00/2014 

23

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Additional Information: Previously 1615-AB29 (CIS 2311-04), which was withdrawn in 2007.

Regulatory Flexibility Analysis Required: Governmental

Jurisdictions 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

Washington , DC 20529-2090 

Phone: 703 224-4501

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

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AC00

 View Related Documents

Title: Enhancing Opportunities for H-1B1, CW-1, and E-3 Nonimmigrants and EB-1 Immigrants

Abstract: The Department of Homeland Security (DHS) proposes to amend its regulations affecting high-skilled workers within

the nonimmigrant classifications for specialty occupation professionals from Chile and Singapore (H-1B1) and from Australia (E3), and the immigration classification for employment-based first preference (EB-1) outstanding professors and researchers.

Additionally, it proposes to amend regulations regarding continued employment authorization for nonimmigrant workers in the

Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) classification. DHS proposes changes

that would harmonize the regulations for E-3, H-1B1, and CW-1 nonimmigrant classifications with existing regulations for other

similarly situated nonimmigrant classifications. DHS is proposing these changes to the regulations to benefit these high-skilled

workers and CW-1 transitional workers by removing unnecessary hurdles that place such workers at a disadvantage when

compared to similarly situated workers in other visa classifications.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 204; 8 CFR 214; 8 CFR 248; 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 1151; 8 USC 1153; 8 USC 1154; 8 USC 1182; 8 USC 1184; 8 USC

1186a; 8 USC 1255; 8 USC 1641; ...

Legal Deadline: None

Regulatory Plan:

Statement of Need: DHS proposes changes to harmonize the regulations for E-3, H-1B1, and CW-1 nonimmigrant

classifications with the existing regulations for other, similarly situated nonimmigrant classifications. These changes to the

regulations would benefit these highly skilled workers and CW-1 transitional workers by removing unnecessary hurdles that

place such workers at a disadvantage when compared to similarly situated workers in other visa classifications.

Legal Basis:

Alternatives:

Costs and Benefits: The portion of the proposed rule addressing E-3 and H-1B1, and CW-1 nonimmigrant classifications

would extend the period of authorized employment while requests for an extension of stay for these employment-based

nonimmigrant visa classifications are being reviewed. The regulations at 8 CFR 274a.12(b)(20) generally provide aliens in

specific nonimmigrant classifications with authorization to continue employment with the same employer for a 240-day period

beyond the period specified on the Arrival-Departure Record, Form I-94, as long as a timely application for an extension of stay

is filed on an alien's behalf. This provision applies only to the classifications specified in the regulation which does not currently

include the E-3, H-1B1, and CW-1 nonimmigrant classifications. By harmonizing the regulations for E-3, H-1B1, and CW-1

nonimmigrants with the other listed nonimmigrant classifications, this proposed rule would provide equity for these

nonimmigrants relative to other nonimmigrant classifications. The proposed rule also would help employers of E-3, H-1B1, and

CW-1 nonimmigrants avoid potential interruptions of employment for E-3, H-1B1, and CW-1 employees during the period that

requests for an extension of these employment-based nonimmigrant visa classifications are being reviewed. These disruptions

could result in lost wages for an employee and lost productivity for an employer. DHS does not have data on the number of

employers or E-3, H-1B1, and CW-1 nonimmigrants experiencing disruption in employment by not receiving an approval of the

extension before the expiration date specified on the Arrival-Departure Record or the duration (length of time) of any disruption.

The portion of the proposed rule addressing the evidentiary requirements for the EB-1 outstanding professor and researcher

24

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
employment-based immigrant classification would allow for the submission of comparable evidence (achievements not listed in

the criteria such as important patents or prestigious, peer-reviewed funding grants) for that listed in 8 CFR 204.5(i)(3)(i)(A)

through (F) to establish that the EB-1 professor or researcher is recognized internationally as outstanding in his or her academic

field. Similar to the benefits of harmonizing E-3, H-1B1, and CW-1 provisions, the harmonization of the evidentiary

requirements for EB-1 outstanding professors and researchers with other comparable employment-based immigrant

classifications would provide equity for EB-1 outstanding professors and researchers relative to those other employment-based

visa categories. The proposed rule may also facilitate petitioners' recruitment of the EB-1 outstanding professors and

researchers by expanding the range of evidence that may be adduced to support their petitions.

Risks:

Timetable:

Action Date FR Cite

NPRM 04/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business; Organizations Federalism: No

Energy Affected: No

Agency Contact: Kevin J. Cummings 

Chief, 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

Washington , DC 20529-2140 

Phone: 202 272-1470

FAX: 202 272-1480

E-Mail: kevin.j.cummings@uscis.dhs.gov

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 rule amends the Department of Homeland Security's regulations to implement the

NRDAA requirements related to the adjudication petitions for the 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 H1Cs 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 07/00/2014 

Additional Information: CIS No. 2050-00; Transferred from RIN 1115-AF76. This rule will be merged with 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: Phillip Elder 

Associate Counsel

Department of Homeland Security

U.S. Citizenship and Immigration Services

20 Massachusetts Avenue NW., Washington, DC 20529

Washington , DC 20529 

25

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Phone: 202 272-1400 

E-Mail: phillip.d.elder@uscis.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 Legal Immigration Family Equity (LIFE) Act of 2000 amends the Immigration and Nationality Act

to create a new V nonimmigrant classification 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 monthly Visa Bulletin of

the Department of State (DOS). Eligible spouses and children of lawful permanent residents residing abroad who obtain the V

nonimmigrant visa from DOS may work and reside in the United States on the basis of the V nonimmigrant 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 the 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

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 09/07/2001 66 FR 46697 

Interim Final Rule Effective 09/07/2001 

Interim Final Rule Comment Period End 11/06/2001 

Final Rule 07/00/2014 

Additional Information: CIS No. 2117-01; Transferred from RIN 1115-AG08. Rule is being merged with 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: Phillip Elder 

Associate Counsel

Department of Homeland Security

U.S. Citizenship and Immigration Services

20 Massachusetts Avenue NW., Washington, DC 20529

Washington , DC 20529 

Phone: 202 272-1400

E-Mail: phillip.d.elder@uscis.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

26

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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 07/00/2014 

Additional Information: This rule is being merged with 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: Phillip Elder 

Associate Counsel

Department of Homeland Security

U.S. Citizenship and Immigration Services

20 Massachusetts Avenue NW., Washington, DC 20529

Washington , DC 20529 

Phone: 202 272-1400

E-Mail: phillip.d.elder@uscis.dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA59

 View Related Documents

Title: 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 streamlines

application procedures and responsibilities for the Department of Homeland Security (DHS) and provides guidance to the public

on how to meet certain requirements to obtain T nonimmigrant status. Several reauthorizations, including the Violence Against

Women Act (VAWA) of 2013, Public Law 113-4, have made amendments to the T nonimmigrant status provisions of the

Immigration and Naturalization Act. This rule implements those amendments.

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; PL 113-4

Legal Deadline: None

Regulatory Plan:

Statement of Need: T nonimmigrant status is available to eligible victims of severe forms of trafficking in persons who: (1) are

victims of a severe form of trafficking in persons (defined by section 103 of the TVPA), (2) are physically present in the United

States, American Samoa, Commonwealth of the Northern Mariana Islands, or at a port of entry, on account of trafficking

(including the alien having been allowed entry into the United States for participation in investigative or judicial processes

associated with an act or perpetrator of trafficking), (3) have complied with any reasonable request for assistance in the

investigation or prosecution of acts of trafficking in persons (or are under 18 years of age or are unable to cooperate due to

physical or psychological trauma), and (4) 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 and implements statutory amendments to these elements, streamlines 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 provide immigration relief 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 provide victims with immigration benefits and services, keeping in mind the purpose of the T visa also being

a law enforcement tool, DHS is considering and using suggestions from stakeholders in developing this regulation. These

27

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
suggestions came in the form of public comment to the 2002 interim final rule as well as from over ten years of experience with

the T nonimmigrant status program, including regular meetings with stakeholders and regular outreach events.

Costs and Benefits: 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; and (3) Streamlining the application process for victims.

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 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:

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 12/00/2013 

Additional Information: Transferred from RIN 1115-AG19

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

Small Entities Affected: No Federalism: No

Agency Contact: Maureen A. Dunn 

Chief, Family Immigration and Victim Protection Division

Department of Homeland Security

U.S. Citizenship and Immigration Services

Office of Policy and Strategy, 20 Massachusetts Avenue NW., Suite 1200, Washington, DC 20529

Washington , DC 20529 

Phone: 202 272-1470

FAX: 202 272-1480

E-Mail: maureen.a.dunn@uscis.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 and eligibility requirements for U nonimmigrant status. The U classification is for nonU.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 fiscal year. This rule establishes the procedures to be followed 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 file a petition and evidentiary guidance to assist in the

petitioning process. Eligible victims will be allowed to remain in the United States if granted U nonimmigrant status. The

Trafficking Victims Protection Reauthorization Act of 2008, Public Law 110-457, and the Violence Against Women Act (VAWA)

of 2013, Public Law 113-4, made amendments to the U nonimmigrant status provisions of the Immigration and Nationality Act.

The Department of Homeland Security had issued an interim final rule in 2007. DHS will issue another interim final rule to make

the changes required by the legislation.

Priority: Other Significant Agenda Stage of Rulemaking: Final 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; PL 113-4

Legal Deadline: None

Regulatory Plan:

Statement of Need: This regulation is necessary to allow alien victims of certain crimes to petition for U nonimmigrant status.

U nonimmigrant status is available to eligible victims of certain qualifying criminal activity who: (1) has suffered substantial

physical or mental abuse as a result of the qualifying criminal activity; (2) the alien possesses information about the crime; (3)

the alien has been, is being, or is likely to be helpful in the investigation or prosecution of the crime; and (4) the criminal activity

took place in the United States, including military installations and Indian country, or the territories or possessions of the United

28

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
States. This rule addresses the eligibility requirements that must be met for classification as a U nonimmigrant alien and

implements statutory amendments to these requirements, streamlines the procedures to petition for U nonimmigrant status, and

provides evidentiary guidance to assist in the petition process.

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

(BIWPA) to provide immigration relief for alien victims of certain qualifying criminal activity and who are helpful to law

enforcement in the investigation or prosecution of these crimes.

Alternatives: To provide victims with immigration benefits and services and keeping in mind the purpose of the U visa as a

law enforcement tool, DHS is considering and using suggestions from stakeholders in developing this regulation. These

suggestions came in the form of public comment from the 2007 interim final rule as well as USCIS' six years of experience with

the U nonimmigrant status program, including regular meetings and outreach events with stakeholders and law enforcement.

Costs and Benefits: DHS estimated the total annual cost of this interim rule to petitioners to be $6.2 million in the interim

final rule published in 2007. This cost included the biometric services fee, the opportunity cost of time needed to submit the

required forms, the opportunity cost of time required and cost of traveling to visit a USCIS Application Support Center. DHS is

currently in the process of updating our cost estimates since U nonimmigrant visa petitioners are no longer required to pay the

biometric services fee. The anticipated benefits of these expenditures include assistance to victims of qualifying criminal activity

and their families and increases in arrests and prosecutions of criminals nationwide. Additional benefits include heightened

awareness by law enforcement of victimization of aliens in their community, and streamlining the petitioning process so that

victims may benefit from this immigration relief.

Risks: There is a statutory cap of 10,000 principal U nonimmigrant visas that may be granted per fiscal year at INA 214(p)(2).

Eligible petitioners who are not granted principal U-1 nonimmigrant status due solely to the numerical limit will be placed on a

waiting list maintained by U.S. Citizenship and Immigration Services (USCIS). To protect U-1 petitioners and their families,

USCIS will use various means to prevent the removal of U-1 petitioners and their eligible family members on the waiting list,

including exercising its authority to allow deferred action, parole, and stays of removal, in cooperation with other DHS

components.

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 

Interim Final Rule 09/00/2014 

Additional Information: Transferred from RIN 1115-AG39

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

Small Entities Affected: No Federalism: No

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

Agency Contact: Maureen A. Dunn 

Chief, Family Immigration and Victim Protection Division

Department of Homeland Security

U.S. Citizenship and Immigration Services

Office of Policy and Strategy, 20 Massachusetts Avenue NW., Suite 1200, Washington, DC 20529

Washington , DC 20529 

Phone: 202 272-1470

FAX: 202 272-1480

E-Mail: maureen.a.dunn@uscis.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 amends the Department of Homeland Security regulations 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. This rule finalizes requirements and procedures for special determinations on the applications and petitions of

qualifying aliens whose employment creation immigrant petitions were approved after January 1, 1995, and before August 31,

1998.

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

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 ) 

29

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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

NPRM 09/28/2011 76 FR 59927 

NPRM Correction 10/04/2011 76 FR 61288 

NPRM Comment Period End 11/28/2011 

Final Action 09/00/2014 

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

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

Agency Contact: Robert Cox 

Acting Deputy Chief, Immigrant Investor Program

Department of Homeland Security

U.S. Citizenship and Immigration Services

MS 2060, 20 Massachusetts Avenue NW., Washington, DC 20529

Washington , DC 20529 

Phone: 202 272-1459

E-Mail: robert.h.cox@uscis.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 duplicate petitions on behalf of the same alien temporary worker. This rule also makes accommodations for

petitioners to create a more efficient filing process for H-1B petitions subject to the annual numerical limitation. Finally, this rule

clarifies treatment of incorrect cap exemption claims and removes certain unnecessary regulatory language.

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 03/24/2008 73 FR 15389 

Interim Final Rule Effective 03/24/2008 

Interim Final Rule Comment Period End 05/23/2008 

Final Action 07/00/2014 

Additional Information: CIS 2434-07. This rule will be merged with RIN 1615-AB95.

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: Merge with 1615-AB95

Agency Contact: Phillip Elder 

Associate Counsel

Department of Homeland Security

U.S. Citizenship and Immigration Services

30

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
20 Massachusetts Avenue NW., Washington, DC 20529

Washington , DC 20529 

Phone: 202 272-1400

E-Mail: phillip.d.elder@uscis.dhs.gov

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 09/00/2014 

Additional Information: CIS 2460-08

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 1615-AB76; Related to 1615-AB75

Agency Contact: Kevin J. Cummings 

Chief, Business and Foreign Workers Division

31

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Department of Homeland Security

U.S. Citizenship and Immigration Services

Office of Policy and Strategy, 20 Massachusetts Avenue NW., Washington, DC 20529-2140

Washington , DC 20529-2140 

Phone: 202 272-1470

FAX: 202 272-1480

E-Mail: kevin.j.cummings@uscis.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 under the jurisdiction of a

juvenile court, to obtain special immigrant status. Such status will regularize immigration status for these juveniles and provide

the ability to adjust status to lawful permanent resident.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

NPRM 09/06/2011 76 FR 54978 

NPRM Comment Period End 11/07/2011 

Final Rule 09/00/2014 

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: Maureen A. Dunn 

Chief, Family Immigration and Victim Protection Division

Department of Homeland Security

U.S. Citizenship and Immigration Services

Office of Policy and Strategy, 20 Massachusetts Avenue NW., Suite 1200, Washington, DC 20529

Washington , DC 20529 

Phone: 202 272-1470

FAX: 202 272-1480

E-Mail: maureen.a.dunn@uscis.dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AC01

 View Related Documents

Title: Notices of Decisions and Documents Evidencing Lawful Status

Abstract: The Department of Homeland Security (DHS) is amending its regulations governing when U.S. Citizenship and

Immigration Services (USCIS) will issue correspondence, notices of decisions, and documents evidencing lawful status in the

United States to an applicant, petitioner, attorney, or accredited representative. Through this rule, DHS intends to clarify USCIS

notification practices when dealing with represented parties. Specifically, this rule explains how USCIS will issue requests,

notices, cards, and original documents to applicants, petitioners, and their attorneys of record or accredited representatives.

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

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 301; 5 USC 552; 5 USC 552a; 8 USC 1101; 8 USC 1103; 8 USC 1304; 8 USC 1356; 31 USC 9701;

...

Legal Deadline: None

32

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Timetable:

Action Date FR Cite

Final Action 12/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 1615-AB83

Agency Contact: Donna K. Kane 

Adjudications Branch Chief

Department of Homeland Security

U.S. Citizenship and Immigration Services

20 Massachusetts Avenue NW., Washington, DC 20529

Washington , DC 20529 

Phone: 202 272-1483

E-Mail: donna.k.kane@uscis.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 qualifying 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 Violence Against Women's Act of 2013 made

amendments to the T and U nonimmigrant status and the T and U adjustment of status provisions of the Immigration and

Naturalization Act. The Department of Homeland Security (DHS) will issue another interim final rule to make the changes

required by recent legislation.

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

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; PL 113-4

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 qualifying criminal activity and are being helpful to the

investigation or prosecution of those crimes.

Legal Basis: 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 qualifying criminal activity crimes and are being helpful to

the investigation or prosecution of those crimes.

Alternatives: DHS 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: DHS uses fees to fund the cost of processing applications and associated support benefits. In the 2008

interim final rule, DHS estimated the fee collection resulting from this rule at 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, DHS 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, DHS 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. DHS is in the process of updating these cost estimates. The anticipated

33

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
benefits of these expenditures include: Continued assistance to trafficked and other qualifying crime victims and their families,

increased investigation and prosecution of traffickers in persons and other qualifying crimes, and the elimination of abuses

caused by trafficking and criminal 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 and alien victimization 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. 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: While there is a limit of 5,000 adjustments based on T nonimmigrant status per fiscal year, there is no such limit on

those applying for adjustment based on U nonimmigrant status. Eligible applicants for adjustment of status based on T

nonimmigrant status will be placed on a waiting list maintained by U.S. Citizenship and Immigration Services (USCIS). To

protect these applicants and their families, USCIS will prevent their removal by its existing authority to extend the T

nonimmigrant status while the application for adjustment of status is pending.

Timetable:

Action Date FR Cite

Interim Final Rule

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 

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

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

Agency Contact: Maureen A. Dunn 

Chief, Family Immigration and Victim Protection Division

Department of Homeland Security

U.S. Citizenship and Immigration Services

Office of Policy and Strategy, 20 Massachusetts Avenue NW., Suite 1200, Washington, DC 20529

Washington , DC 20529 

Phone: 202 272-1470

FAX: 202 272-1480

E-Mail: maureen.a.dunn@uscis.dhs.gov

Department of Homeland Security (DHS) 

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

 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: Long-term Action

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,

34

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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 (GPEA) 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 to affected populations.

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 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Arthur Kuo 

Policy Analyst, Office of Transformation Coordination

Department of Homeland Security

U.S. Citizenship and Immigration Services

633 Third Street NW., 6th Floor, Washington, DC 20529

Washington , DC 20529 

Phone: 202 233-2318

E-Mail: arthur.y.kuo@uscis.dhs.gov

Department of Homeland Security (DHS) 

U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AC02

 View Related Documents

Title: Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program

Abstract: The Department of Homeland Security (DHS) and the Department of Labor (DOL) (jointly referred to as the

Departments) are amending regulations governing certification for the employment of nonimmigrant workers in temporary or

seasonal non-agricultural employment. This interim final rule changed how DOL provides the consultation that DHS has

determined is necessary to adjudicate H-2B petitions by revising the methodology that DOL employs to calculate the prevailing

wages to be paid to H-2B workers and U.S. workers recruited in connection with the application for certification; the prevailing

wage is then used in petitioning the DHS to employ nonimmigrant workers in H-2B status. DOL and DHS jointly issued this

interim final rule in response to the court's order in Comité de Apoyo a los Trabajadores Agricolas v. Solis, Civ. No. 09-cv-240,

(E.D. Pa.) (March 21, 2013), which vacated portions of DOL's current prevailing wage rate regulation, and to ensure that there

is no question that the rule is in effect nationwide in light of other outstanding litigation. This interim final rule contained certain

revisions to DHS's H-2B rule to clarify that DHS is the Executive Branch agency charged with making determinations regarding

eligibility for H-2B classification, after consulting with DOL for its advice about matters with which DOL has expertise, particularly,

in this case, questions about the methodology for setting the prevailing wage in the H-2B program.

35

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Priority: Economically Significant Agenda Stage of Rulemaking: Long-term Action

Major: Yes Unfunded Mandates: Undetermined

CFR Citation: 8 CFR 214; 20 CFR 655 (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 1186a; 8 USC 1187; 8 USC 1221; 8 USC 1281

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 

Interim Final Rule 04/24/2013 78 FR 24047 

Interim Final Rule Comment Period End 06/10/2013 

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 1205-AB69 Related Agencies: Joint: ETA

Agency Contact: Kevin J. Cummings 

Chief, 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

Washington , DC 20529-2140 

Phone: 202 272-1470

FAX: 202 272-1480

E-Mail: kevin.j.cummings@uscis.dhs.gov

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AC05

 View Related Documents

Title: Safety and Environmental Management System Requirements on the U.S. Outer Continental Shelf

Abstract: The Coast Guard seeks public comment on whether it should issue regulations that will require vessels engaged in

OCS activities (defined in 33 CFR subchapter N) to develop, implement, and maintain a vessel-specific Safety and

Environmental Management System (SEMS) that incorporates the management program and principles of the American

Petroleum Institute's Recommended Practice for Development of a Safety and Environmental Management Program for

Offshore Operations and Facilities, Third Edition, May 2004 (API RP 75).

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

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 1331 to 1356a

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 

ANPRM 09/10/2013 78 FR 55230 

ANPRM Comment Period End 12/09/2013 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

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.

Agency Contact: LCDR Marc Montemerlo Department of Homeland Security

U.S. Coast Guard

2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593-7509

Washington , DC 20593-7509 

Phone: 202 372-1387

E-Mail: marc.j.montemarlo@uscg.mil

36

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AC10

 View Related Documents

Title: Training of Personnel and Manning on Mobile Offshore Units and Offshore Supply Vessels Engaged in U.S. Outer

Continental Shelf Activities

Abstract: The Coast Guard is considering expanding, consistent with U.S. and international law, its maritime safety training

requirements for all personnel working on offshore supply vessels (OSVs) and mobile offshore units (MOUs) engaged in

activities on the U.S. Outer Continental Shelf, regardless of flag. This is necessary to enhance personnel preparedness for

responding to emergencies such as fire, personal injury, and abandon ship situations in hazardous environments.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 140 to 147; 46 CFR 10 to 15 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 43 USC 1333; 43 USC 1356; 46 USC 2103; 46 USC 71; Department of Homeland Security Delegation No.

0170.1

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 01/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Gerald P. Miante 

Program Manager, CG-5221

Department of Homeland Security

U.S. Coast Guard

2703 Martin Luther King Jr. Avenue SE., STOP 7509, Washington, DC 20593-7509

Washington , DC 20593-7509 

Phone: 202 372-1407

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AA14

 View Related Documents

Title: Numbering of Undocumented Barges

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 allows the Coast Guard to identify the owners of

abandoned barges. This rulemaking supports the Coast Guard's broad role and responsibility of protecting natural resources.

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

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 66 (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 Reopening Comment Period End 11/10/2004 

Supplemental NPRM 03/00/2014 

37

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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

Falling Waters , WV 25419 

Phone: 304 271-2506

E-Mail: denise.e.harmon@uscg.mil

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 on facilities and vessels engaged in the

exploration for, or development, or production of, minerals on the Outer Continental Shelf (OCS), other than for matters

generally related to drilling and production that are regulated by the Bureau of Ocean Energy Management, Regulation, and

Enforcement (BOEMRE). This project would revise the regulations on OCS activities by: 1) Adding new requirements, 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

Regulatory Plan:

Statement of Need: The last major revision of Coast Guard OCS regulations occurred in 1982. At that time, the offshore

industry was not as technologically advanced as it is today. Offshore activities were in relatively shallow water near land, where

help was readily available during emergency situations. The equipment regulations required only basic equipment, primarily for

lifesaving appliances and hand-held portable fire extinguishers. Since 1982, the requirements in 33 CFR chapter I, subchapter

N, have not kept pace with the changing offshore technology or the safety problems created as OCS activities extend to deeper

water (10,000 feet) and move farther offshore (150 miles). This rulemaking reassesses all of our current OCS regulations in

order to help make the OCS a safer workplace.

Legal Basis: The authority for the Coast Guard to prescribe, change, revise, or amend these regulations is provided under 14

U.S.C. 85; 43 U.S.C. 1333(d)(1), 1347(c), 1348(c), 1356; and Department of Homeland Security Delegation No. 0170.1. Section

145.100 also issued under 14 U.S.C. 664 and 31 U.S.C. 9701.

Alternatives: The Coast Guard considered filling the shortfall in existing OCS regulations by extending the current vessel and

Mobile Offshore Drilling Unit regulations. This approach was rejected after concluding that the differences between fixed and

floating units made this approach impractical. We also considered requiring compliance with industry standards. Those

standards, though, do not cover all of the areas needing regulation. The new rule would adopt available consensus standards

where appropriate. Nonregulatory alternatives, such as agency policy documents and voluntary acceptance of industry

standards, were also considered. They were also rejected because enforceable regulations are necessary in order to carry out

the relevant statutes.

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

38

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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 09/00/2014 

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: Business 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, CG-OES-2

Department of Homeland Security

U.S. Coast Guard

Commandant, 2100 Second Street SW., STOP 7509, Washington, DC 20593-7509

Washington , DC 20593-7509 

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 would revise and update the Coast Guard's commercial diving regulations, which were first adopted in

1978. These revisions and updates would reflect current industry best practices, and new procedures and requirements would

allow the Coast Guard to approve independent third party organizations to assist with ensuring regulatory compliance. 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 12/00/2013 

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

Small Entities Affected: Business Federalism: No

Energy Affected: 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

39

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Commandant (CG-OES-2), 2703 Martin Luther King Jr. Avenue SE., STOP 7509, Washington, DC 20593-7509

Washington , DC 20593-7509 

Phone: 202 372-1413

E-Mail: ken.a.smith@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 applies to vessels of 500 gross tons or more traveling on international voyages. It would require

manuals to guide vessel crews in securing certain cargo to prevent its loss at sea and would prescribe when and how the loss

or jettisoning of cargo must be reported. It would also authorize third party organizations to review and approve CSMs on behalf

of the Coast Guard.

Priority: Substantive, Nonsignificant 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 11/15/2013 78 FR 68784 

Supplemental NPRM Comment Period End 02/13/2014 

Additional Information: The docket number for this rulemaking is 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: Ken Smith 

Project Manager

Department of Homeland Security

U.S. Coast Guard

Commandant (CG-OES-2), 2703 Martin Luther King Jr. Avenue SE., STOP 7509, Washington, DC 20593-7509

Washington , DC 20593-7509 

Phone: 202 372-1413

E-Mail: ken.a.smith@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

40

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/00/2014 

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-FAC-2), 2703 Martin Luther King Jr. Avenue SE., STOP 7501, Washington, DC 20593-7501

Washington , DC 20593-7501 

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

 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

Regulatory Plan:

Statement of Need: In light of recent Federal court cases and the President's May 20, 2009, memorandum regarding

preemption, the Coast Guard believes that a clear agency statement of the preemptive impact of our regulations, particularly

those regulations issued prior to the promulgation of Executive Order 13132, can be of great benefit to State and local

governments, the public, and regulated entities. Therefore, the Coast Guard intends to issue a general statement of preemption

policy, coupled with specific statements of policy regarding regulations issued under the authority of statutes with preemptive

effect, including, among others, the Ports and Waterways Safety Act (PWSA) of 1972, as amended (33 U.S.C. 1221 et seq.).

The Coast Guard proposes to publish these policies in a new section 1.06 of title 33 of the Code of Federal Regulations, to

allow for easy access by interested persons and parties.

Legal Basis: The statutory authorities for the Coast Guard to prescribe, change, revise, or amend these regulations are

provided under 14 U.S.C. 2 and 91; 33 U.S.C. 1223, 1231, and 1903(b); 46 U.S.C. 3203, 3306, 3703, 3717, 4302, and 6101;

and Department of Homeland Security Delegation No. 0170.1.

Alternatives:

Costs and Benefits:

41

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Risks: Not applicable to this rulemaking.

Timetable:

Action Date FR Cite

NPRM 03/00/2014 

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 Lineka Quijano 

Program Manager (Commandant CG-0941)

Department of Homeland Security

U.S. Coast Guard

2703 Martin Luther King Jr. Avenue SE., STOP 7213, Washington, DC 20593-7213

Washington , DC 20593-7213 

Phone: 202 372-3865

E-Mail: lineka.n.quijano@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 (MTSA). 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 Security and Accountability for Every (SAFE) Port Act of 2006, 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

Legal Deadline: None

Regulatory Plan:

Statement of Need: This rulemaking is needed to incorporate Coast Guard Policy Advisory Council (PAC) decisions on the

interpretation of regulations, guidance provided in response to questions to the MTSA hotline, and to implement various

requirements found in the SAFE Port Act of 2006, the Coast Guard and Maritime Transportation Act of 2006, and the Coast

Guard Authorization Act of 2010. In addition, this rulemaking is needed to incorporate recommendations from the Merchant

Marine Personnel Advisory Committee. It also incorporates various U.S. Maritime Administration and International Maritime

Organization voluntary consensus standards related to maritime security training.

Legal Basis: The fundamental legal basis for subchapter H remains the Maritime Transportation Security Act of 2002 as

amended by the Security and Accountability for Every Port Act of 2006, the Coast Guard and Maritime Transportation Act of

2006, and the Coast Guard Authorization Act of 2010.

Alternatives: The Coast Guard is currently evaluating a number of alternatives based on applicability and risk (threat,

vulnerability, and consequence). However, an overall update to make necessary changes to subchapter H and address

improvements resulting from our experience since 2003 is prudent.

Costs and Benefits: The Coast Guard is currently estimating the costs associated with this rulemaking. The benefit from

these provisions is compliance with mandates and harmonization with international standards. This rulemaking expands and

improves competencies associated with Maritime Domain Awareness (MDA). MDA is the effective understanding of anything

associated with the global maritime domain that could impact the United States' security, safety, economy, or environment. The

proposed rule would improve MDA through training, exercise, and security plan enhancements.

Risks: With this rulemaking, the Coast Guard seeks to maintain the risk reduction goals established with the promulgation of

42

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
the original MTSA regulations by incorporating provisions related to more recent legislation and warranted by our experience

with subchapter H since 2003.

Timetable:

Action Date FR Cite

NPRM 09/00/2014 

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-FAC-2), 2703 Martin Luther King Jr. Avenue SE., STOP 7501, Washington, DC 20593-7501

Washington , DC 20593-7501 

Phone: 202 372-1133

E-Mail: loan.t.o'brien@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, Detection, and Extinguishing Equipment

Abstract: The Coast Guard proposes to amend its regulations for fire, protection, detection, and extinguishing equipment on

inspected and uninspected vessels and outer continental shelf facilities. These changes are necessary to ensure Coast Guard

regulations remain current and address advances in new technologies. The proposed rules would also harmonize the Coast

Guard's regulations with the appropriate national and international consensus standards for fire protection, detection, and

extinguishing equipment.

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

Timetable:

Action Date FR Cite

NPRM 02/00/2014 

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 John Miller 

Project Manager, Office of Design and Engineering Standards, CG-ENG-4

Department of Homeland Security

U.S. Coast Guard

2703 Martin Luther King Jr. Avenue SE., STOP 7509, Washington, DC 20593-7509

Washington , DC 20593-7509 

Phone: 202 372-1372

E-Mail: john.h.miller@uscg.mil

43

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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 its tonnage regulations to implement amendments to the tonnage measurement

law made by the Coast Guard Authorization Act of 2010, codify principal technical interpretations issued by the Coast Guard,

and incorporate clarifications of, and updates to, the tonnage regulations that are of an administrative and non-substantive

nature. The proposed changes would not be applied retroactively and are generally consistent with current policy or practice,

facilitating understanding of requirements, without incurring any identified costs.

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

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 14514; 46 USC 14522

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2013 

Additional Information: Docket No. USCG-2011-0522

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Marcus J. Akins 

Regulatory Development Manager

Department of Homeland Security

U.S. Coast Guard

Marine Safety Center (MSC-4), Tonnage Division, 2703 Martin Luther King Jr. Avenue SE., STOP 7410, Washington, DC

20593-7410

Washington , DC 20593-7410 

Phone: 202 475-3349

E-Mail: marcus.j.akins@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB83

 View Related Documents

Title: Lifesaving Devices Uninspected Vessels Commercial Barges and Sailing Vessels

Abstract: The Coast Guard proposed aligning its regulations with the 2010 Coast Guard Authorization Act. Before 2010,

uninspected commercial barges and uninspected commercial sailing vessels fell outside the scope of a statute requiring the

regulation of lifesaving devices on uninspected vessels. Lifesaving devices were required on these vessels only if they carried

passengers for hire. The 2010 Act brought these vessels within the scope of the statutory requirement to carry lifesaving devices

even if they carry no passengers. The Coast Guard proposed requiring the use of wearable personal flotation devices for

individuals on board uninspected commercial barges and sailing vessels, and amending several regulatory tables to reflect that

requirement. This rulemaking promotes the Coast Guard's maritime safety mission.

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

Major: No Unfunded Mandates: No

CFR Citation: 46 CFR 2; 46 CFR 24; 46 CFR 25; 46 CFR 30; 46 CFR 70; 46 CFR 90; 46 CFR 188 (To search for a specific

CFR, visit the Code of Federal Regulations ) 

Legal Authority: 46 USC 2103; 46 USC 4102; Department of Homeland Security Delegation No. 0170.1(92)(a), (92)(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 

NPRM 07/17/2013 78 FR 42739 

NPRM Comment Period End 10/15/2013 

44

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Martin L. Jackson 

Project Manager

Department of Homeland Security

U.S. Coast Guard

Commandant (CG-ENG-4) , 2703 Martin Luther King Jr. Avenue SE.,, STOP 7509, Washington, DC 20593-7509

Washington , DC 20593-7509 

Phone: 202 372-1391

E-Mail: martin.l.jackson@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB91

 View Related Documents

Title: Cruise Vessel Security and Safety Act of 2010: Implementation

Abstract: The Coast Guard proposes regulations to comply with the Cruise Vessel Security and Safety Act of 2010 (CVSSA)

which includes the requirement to issue implementing regulations. The proposed rule will clarify definitions, update existing

regulations, and propose performance standards to comply with CVSSA.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 46 CFR 73; DHS Delegation No 0170.1(92.a) (92.b) (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 5 USC 553; 46 USC 2103; 46 USC 3507(j)

Legal Deadline: None

Regulatory Plan:

Statement of Need: Some CVSSA terms are not defined statutorily and can be differently interpreted by the regulated public.

For example, the CVSSA applies to vessels that "embark" or "disembark" passengers in the U.S., which may or may not be

interpreted as including port calls in which a passenger leaves the vessel but later returns. The NPRM proposes defining the

terms to exclude such port calls. CVSSA requirements for video crime surveillance systems, technology to detect falls

overboard, adequate medical supplies, and crew training do not provide standards for determining what systems and

technology is acceptable, what supplies are adequate, or how often refresher training must be provided. The NPRM proposes

parameters so that both regulators and the public can know when a vessel is in compliance with those requirements.

Legal Basis: 46 U.S.C. 2103 (regulatory authority to implement 46 U.S.C. Subtitle II); 46 U.S.C. 3507(j) (regulatory authority

to issue "such regulations as are necessary to implement this section"); Department of Homeland Security Delegation No.

0170.1(92.a), (92.b).

Alternatives: Alternatives include: No Action

Costs and Benefits: We do not expect this rulemaking to be classified as economically significant under Executive Order

12866 because it is not anticipated to have an annual effect on the economy of $100 million or more. The relatively small

worldwide population of less than 200 cruise vessels affected by this action in most cases already complies with the law. The

impact of this rulemaking on the Coast Guard is expected to be neutral as compliance inspection and enforcement will be

integrated into ongoing activities. The Coast Guard is developing and implementing mandates within existing budget authorities.

This will clarify provisions in the CVSSA. Negligible risk is involved.

Risks:

Timetable:

Action Date FR Cite

NPRM 06/00/2014 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: LCDR Latasha Pennant 

Program Manager

Department of Homeland Security

U.S. Coast Guard

Office of Design and Engineering Standards (CG-521), 2703 Martin Luther King Jr. Avenue SE., STOP 7509, Washington, DC

45

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
20593-7509

Washington , DC 20593-7509 

Phone: 202 372-1358

E-Mail: latasha.e.pennant@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB92

 View Related Documents

Title: Deepwater Ports

Abstract: The Coast Guard proposes revisions to its regulations for the licensing, construction, design, equipment, and

operation of deepwater ports, which are offshore fixed or floating structures, other than vessels, used as ports or terminals for

the import or export of oil and natural gas. The proposed revisions would provide additional information, clarify existing

regulations, provide additional regulatory flexibility, and add new requirements to ensure safety. The proposed rule would not

affect the license of any existing deepwater port, nor would it result in the licensing of any new deepwater port. The proposed

rule furthers the Coast Guard's maritime safety and stewardship missions.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 148 to 150 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 33 USC 1504; DHS Delegation No. 0170.1(75)

Legal Deadline: None

Regulatory Plan:

Statement of Need: Since 2006, when the most revision to the deepwater port regulations were implemented, the Coast

Guard has processed or is processing eight deepwater port applications to site, construct, and operate deepwater ports for the

import of natural gas. In processing these applications, the Coast Guard and other Federal agencies have identified additional

specific types of information that should be included in a deepwater port application and are necessary to ensure a timely

review of, and decision on, deepwater port applications. The proposed rule would also implement the decision in Atlantic Sea

Island Group v. Connaughton in which the Federal District Court for the District of Columbia held that the Maritime

Administration's broad licensing authority under 49 CFR 1.66(aa) (delegation the authority to issue, transfer, amend, or reinstate

a license for the construction and operation of a deepwater port under 33 U.S.C. 1503(b)) includes the authority to designate

an Adjacent Coastal State. The proposed rule would also update technical and operational requirements that ensure the design

review and operation of deepwater ports are conducted efficiently and in a manner that furthers safety, security, and

environmental protection.

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 06/00/2014 

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

Federalism: No

Energy Affected: No

Agency Contact: Kevin Tone 

Project Manager, CG-OES-4

Department of Homeland Security

U.S. Coast Guard

2703 Martin Luther King Jr. Avenue SE., STOP 7509, Washington, DC 20593-7509

Washington , DC 20593-7509 

Phone: 202 372-1441

E-Mail: kevin.p.tone@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB99

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
 View Related Documents

Title: Marine Casualty Reporting on the Outer Continental Shelf

Abstract: The primary purpose of this rulemaking is to clarify and expand 46 CFR subchapter N--Outer Continental Shelf

(OCS) provisions regarding marine casualty reporting and associated drug testing requirements to align with the requirements

of 46 CFR part 4 to ensure the same level of safety is provided to all mariners working on the United States OCS, all facilities,

Mobile Offshore Drilling Units (MODUs), and other vessels operating on the United States OCS. This will improve the Coast

Guard's ability to capture data on casualties that occur on the United States OCS. That data is essential to conducting the

analysis necessary to develop sound future regulatory requirements. A regulatory safety regime founded on improved casualty

data will help prevent future mishaps and make the OCS safer and cleaner for future generations.

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

Major: Undetermined Unfunded Mandates: Private Sector

CFR Citation: 33 CFR 140; 33 CFR 146; 46 CFR 4; 46 CFR 109 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: The Outer Continental Shelf Lands Act; 43 USC 1331

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/00/2014 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: James Lawrence 

CG-OES-2

Department of Homeland Security

U.S. Coast Guard

2703 Martin Luther King Jr. Avenue SE., STOP 7509, Washington, DC 20593-7509

Washington , DC 20593-7509 

Phone: 202 372-1382

FAX: 202 372-1925

E-Mail: james.d.lawrence@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AC02

 View Related Documents

Title: Personal Flotation Devices Labeling and Standards

Abstract: Industry standards which currently form the basis for Coast Guard approvals will be phased out by Underwriters

Labs, making them no longer publicly available. Given these developments, the Coast Guard plans to incorporate the new

standard by reference into Coast Guard regulations. This rulemaking project will: Incorporate new industry standards into Coast

Guard approval requirements, improve PFD marking/labeling requirements, remove "Type codes" from Coast Guard approval

and carriage requirements, harmonize U.S. PFD approvals with Canada, and clarify carriage requirements for recreational

vessels.

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

Major: No Unfunded Mandates: No

CFR Citation: 46 CFR 160; 46 CFR 164; 46 CFR 169 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 46 USC 2103; 46 USC 2113; 46 USC 3306; 46 USC 3703; 46 USC 4302

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/14/2013 78 FR 49412 

NPRM Comment Period End 10/15/2013 

Final Rule 10/00/2014 

Additional Information: You can find this regulation on regulations.gov and the docket number associated with it is USCG2013-0263.

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

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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.

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

2703 Martin Luther King Jr. Avenue SE., STOP 7509, Washington, DC 20593-7509

Washington , DC 20593-7509 

Phone: 202 372-1394

E-Mail: brandi.a.baldwin@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AC07

 View Related Documents

Title: Great Lakes Pilotage Rates--2014 Annual Review and Adjustment

Abstract: The Coast Guard proposed rate adjustments for 2014 pilotage services on the Great Lakes, which were last

amended in February 2013. The proposed adjustments would establish new base rates and are made in accordance with a full

ratemaking procedure. The proposed update reflects the Coast Guard exercising the discretion provided by Step 7 of the

appendix A methodology. The result is an upward adjustment to match the rate increase of the Canadian Great Lakes Pilotage

Authority. We also proposed adjusting weighting factors used to determine rates for vessels of different size, providing a

procedure for temporary surcharges, and including dues paid to the American Pilots Association.

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

Major: Undetermined Unfunded Mandates: No

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 The statutory deadline is March 1st of each year. 03/01/2014 

Timetable:

Action Date FR Cite

NPRM 08/08/2013 78 FR 48374 

NPRM Comment Period End 10/07/2013 

Final Rule 02/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Todd Haviland 

Director, Great Lakes Pilotage (CG-WWVIVI-2)

Department of Homeland Security

U.S. Coast Guard

2703 Martin Luther King Jr. Avenue SE., STOP 7509, Washington, DC 20593-7509

Washington , DC 20593-7509 

Phone: 202 372-2037

E-Mail: todd.a.haviland@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.

48

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Priority: Other Significant Agenda Stage of Rulemaking: Final 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 Extended 10/26/1992 57 FR 48489 

NPRM Comment Period End 10/29/1992 

NPRM Comment Period Extended 11/16/1992 57 FR 48489 

Interim Final Rule 12/22/1993 58 FR 67988 

Interim Final Rule Effective 01/21/1994 

Correction 01/26/1994 59 FR 3749 

Interim Final Rule Comment Period End 02/22/1994 

Notice 03/27/2012 77 FR 18151 

Notice Comment Period End 05/29/2012 

Final Rule 06/00/2014 

Additional Information: The docket number for this rulemaking is USCG-2011-0430. 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: Previously Reported as 2115-AD66

Agency Contact: David A. Du Pont

Project Manager, CG-REG

Department of Homeland Security

U.S. Coast Guard

Office of Standards Evaluation and Development, 2703 Martin Luther King JR Ave SE, STOP 7418, Washington, DC 20593-

7418

Washington , DC 20593-7418 

Phone: 202 372-1497

E-Mail: david.a.dupont@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 NPRMs (SNPRM) on March

23, 2010 and August 1, 2011. 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

49

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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 71; 46 USC 73; DHS Delegation No. 0170.1

Legal Deadline: None

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. 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 

Supplemental NPRM 08/01/2011 76 FR 45908 

Public Meeting Notice 08/02/2011 76 FR 46217 

Supplemental NPRM Comment Period End 09/30/2011 

Final Rule 11/00/2013 

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

Agency Contact: Mark Gould 

Project Manager, CG-OES-1

Department of Homeland Security

U.S. Coast Guard

50

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
2703 Martin Luther King Jr. Avenue SE., STOP 7509, Washington, DC 20593-7509

Washington , DC 20593-7509 

Phone: 202 372-1409

E-Mail: mark.c.gould@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 proposed rule would have amended commercial fishing industry vessel requirements to enhance maritime

safety. Commercial fishing is 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. This regulatory project

was opened in 2002 to consider regulatory changes to improve safety in the commercial fishing industry, which remains one of

the most hazardous occupations in the United States. The Coast Guard is now intending to withdraw this rulemaking, subject to

public comment on why it should remain open, in light of the 2010 adoption by Congress of new legislation that provides the

Coast Guard with important new regulatory authority over commercial fishing safety. Withdrawal of this project will help the

Coast Guard focus its regulatory efforts on timely regulatory implementation of its 2010 statutory authority, which will be done

under a separate RIN (1625-AB85).

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule

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

ANPRM 03/31/2008 73 FR 16815 

ANPRM Comment Period End 12/15/2008 

Notice of Withdrawal 06/00/2014 

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: No 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-AB85

Agency Contact: Jack Kemerer 

Project Manager, CG-CVC-43

Department of Homeland Security

U.S. Coast Guard

2703 Martin Luther King Jr. Avenue SE, STOP 7501, Washington, DC 20593-7501

Washington , DC 20593-7501 

Phone: 202 372-1249

E-Mail: jack.a.kemerer@uscg.mil

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

51

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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 (77 FR 44528, Jul. 30 2012), proposed replacing

its existing interim rule with a new rule and also announced the availability of a tiered Draft Environmental Impact Statement

(DEIS) prepared in support of the SNPRM. The SNPRM would allow the discharge of DCR in limited areas of the Great Lakes.

However, vessel owners and operators would need to minimize DCR discharges using methods they would be required to

document in DCR management plans. The proposed rule would prohibit limestone and clean stone discharges in some waters

where they are now permitted.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final 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 07/30/2012 77 FR 44528 

Supplemental NPRM Comment Period End 10/29/2012 

Final Rule 11/00/2013 

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: Mr. John C. Morris 

Project Manager

Department of Homeland Security

U.S. Coast Guard

2703 Martin Luther King Jr. Avenue SE, STOP 7509, Washington, DC 20593-7509

Washington , DC 20593-7509 

Phone: 202 372-1433

E-Mail: john.c.morris@uscg.mil

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; 33 CFR 101; 33 CFR 110; 33

CFR 117; 33 CFR 151; 46 CFR 4; 46 CFR 148 (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 12234

52

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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 The Nation maritime safety and security.

Legal Basis: This rulemaking is based on congressional authority provided in the Ports and Waterways Safety Act (see 33

U.S.C. 1223(a)(5), 1225, 1226, and 1231) and section 102 of the Maritime Transportation Security Act of 2002 (codified at 46

U.S.C. 70114).

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

expanding NOAD and AIS to even more vessels, but we determined that 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 statutory 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 nonbinding 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 7 percent and 3 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. The Coast Guard may revise costs and benefits for the final rule to reflect changes resulting

from public comments.

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 

NPRM Comment Period End 04/15/2009 

Notice of Second Public Meeting Comment Period End 04/15/2009 

Final Rule 06/00/2014 

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: Business Government Levels Affected: No

53

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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: LCDR Michael D. Lendvay 

Program Manager, Office of Commercial Vessel, Foreign and Offshore Vessel Activities Div. (CG-CVC-2)

Department of Homeland Security

U.S. Coast Guard

2703 Martin Luther King Jr. Avenue SE., STOP 7501, Washington, DC 20593-7501

Washington , DC 20593-7501 

Phone: 202 372-1218

E-Mail: michael.d.lendvay@uscg.mil

Agency Contact: Jorge Arroyo 

Project Manager, Office of Navigation Systems (CG-NAV-1)

Department of Homeland Security

U.S. Coast Guard

2703 Martin Luther King Jr. Avenue SE., STOP 7418, Washington, DC 20593-7418

Washington , DC 20593-7418 

Phone: 202 372-1563

E-Mail: jorge.arroyo@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: Final 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

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 

Other Statutory 10/15/2011 

Regulatory Plan:

Statement of Need: This rulemaking would implement section 415 of the Coast Guard and Maritime Transportation Act of

2004. The intent of the proposed rule is to promote safer work practices and reduce casualties on towing vessels by ensuring

that towing vessels adhere to prescribed safety standards. This proposed rule was developed in cooperation with the Towing

Vessel Safety Advisory Committee. It would establish a new subchapter dedicated to towing vessels, covering vessel

equipment, systems, operational standards, and inspection requirements.

Legal Basis: Proposed new subchapter authority: 46 U.S.C. 3103, 3301, 3306, 3308, 3316, 8104, 8904; 33 CFR 1.05; DHS

Delegation 0170.1. The Coast Guard and Maritime Transportation Act of 2004 (CGMTA 2004), Public Law 108-293, 118 Stat.

1028, (Aug. 9, 2004), established new authorities for towing vessels as follows: Section 415 added towing vessels, as defined in

section 2101 of title 46, United States Code (U.S.C.), as a class of vessels that are subject to safety inspections under chapter

33 of that title (Id. at 1047). Section 415 also added new section 3306(j) of title 46, authorizing the Secretary of Homeland

Security to establish, by regulation, a safety management system appropriate for the characteristics, methods of operation, and

nature of service of towing vessels (Id.). Section 409 added new section 8904(c) of title 46, U.S.C., authorizing the Secretary to

establish, by regulation, "maximum hours of service (including recording and recordkeeping of that service) of individuals

engaged on a towing vessel that is at least 26 feet in length measured from end to end over the deck (excluding the sheer)."

(Id. at 1044-45).

Alternatives: We considered the following alternatives for the notice of proposed rulemaking (NPRM): One regulatory

alternative would be the addition of towing vessels to one or more existing subchapters that deal with other inspected vessels,

such as cargo and miscellaneous vessels (subchapter I), offshore supply vessels (subchapter L), or small passenger vessels

54

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
(subchapter T). We do not believe, however, that this approach would recognize the often "unique" nature and characteristics of

the towing industry in general and towing vessels in particular. The same approach could be adopted for use of a safety

management system by requiring compliance with title 33, Code of Federal Regulations, part 96 (Rules for the Safe Operation

of Vessels and Safety Management Systems). Adoption of these requirements, without an alternative safety management

system, would also not be "appropriate for the characteristics, methods of operation, and nature of service of towing vessels."

The Coast Guard has had extensive public involvement (four public meetings, over 100 separate comments submitted to the

docket, as well as extensive ongoing dialogue with members of the Towing Safety Advisory Committee (TSAC)) regarding

development of these regulations. Adoption of one of the alternatives discussed above would likely receive little public or

industry support, especially considering the TSAC efforts toward development of standards to be incorporated into a separate

subchapter dealing specifically with the inspection of towing vessels. An approach that would seem to be more in keeping with

the intent of Congress would be the adoption of certain existing standards from those applied to other inspected vessels. In

some cases, these existing standards would be appropriately modified and tailored to the nature and operation of certain

categories of towing vessels. The adopted standards would come from inspected vessels that have demonstrated "good marine

practice" within the maritime community. These regulations would be incorporated into a subchapter specifically addressing the

inspection for certification of towing vessels. The law requiring the inspection for certification of towing vessels is a statutory

mandate, compelling the Coast Guard to develop regulations appropriate for the nature of towing vessels and their specific

industry.

Costs and Benefits: We estimate that owners and operators of towing vessels would incur additional annualized costs in the

range of $14.3 million to $17.1 million at 7 percent discounted from this rulemaking. The cost of this rulemaking would involve

provisions for safety management systems, standards for construction, operation, vessel systems, safety equipment, and

recordkeeping. Our cost assessment includes existing and new vessels. The Coast Guard developed the requirements in the

proposed rule by researching both the human factors and equipment failures that caused towing vessel accidents. We believe

that the proposed rule would address a wide range of causes of towing vessel accidents and supports the main goal of

improving safety in the towing industry. The primary benefit of the proposed rule is an increase in vessel safety and a resulting

decrease in the risk of towing vessel accidents and their consequences. We estimate an annualized benefit of $28.5 million

from this rule.

Risks: This regulatory action would reduce the risk of towing vessel accidents and their consequences. Towing vessel

accidents result in fatalities, injuries, property damage, pollution, and delays.

Timetable:

Action Date FR Cite

NPRM 08/11/2011 76 FR 49976 

Notice of Public Meetings 09/09/2011 76 FR 55847 

NPRM Comment Period End 12/09/2011 

Final Rule 09/00/2014 

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: No

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

Agency Contact: Patrick Mannion 

Project Manager, CG-OES2

Department of Homeland Security

U.S. Coast Guard

2703 Martin Luther King Jr. Avenue SE, STOP 7509, Washington, DC 20593-7509

Washington , DC 20593-7509 

Phone: 202 372-1439

E-Mail: patrick.j.mannion@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

55

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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: Final 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). The final rule is required 2

years after the commencement of the pilot program. 08/20/2010 

Regulatory Plan:

Statement of Need: The Maritime Transportation Security Act (MTSA) of 2002 explicitly required the issuance of a biometric

transportation security card to all U.S. merchant mariners and to workers requiring unescorted access to secure areas of

MTSA-regulated facilities and vessels. On May 22, 2006, the Transportation Security Administration (TSA) and the Coast Guard

published a notice of proposed rulemaking (NPRM) to carry out this statute, proposing a Transportation Worker Identification

Credential (TWIC) Program where TSA conducts security threat assessments and issues identification credentials, while the

Coast Guard requires integration of the TWIC into the access control systems of vessels, facilities, and Outer Continental Shelf

facilities. Based on comments received during the public comment period, TSA and the Coast Guard split the TWIC rule. The

final TWIC rule, published in January of 2007, addressed the issuance of the TWIC and use of the TWIC as a visual

identification credential at access control points. In an ANPRM, published in March of 2009, and NPRM, published in April of

2013, the Coast Guard proposed a risk-based approach to TWIC reader requirements and included proposals to classify

MTSA-regulated vessels and facilities into one of three risk groups, based on specific factors related to TSI consequence, and

apply TWIC reader requirements for vessels and facilities in conjunction with their relative risk-group placement. This

rulemaking is necessary to comply with the SAFE Port Act and to complete the implementation of the TWIC Program in our

ports. By requiring electronic card readers at vessels and facilities, the Coast Guard will further enhance port security and

improve access control measures.

Legal Basis: The statutory authorities for the Coast Guard to prescribe, change, revise, or amend these regulations are

provided under 33 U.S.C. 1226, 1231; 46 U.S.C. chapter 701; 50 U.S.C. 191, 192; Executive Order 12656, 3 CFR 1988 Comp.,

p. 585; 33 CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department of Homeland Security Delegation No. 0170.1.

Alternatives: The implementation of TWIC reader requirements is mandated by the SAFE Port Act. We considered several

alternatives in the formulation of this proposal. These alternatives were based on risk analysis of different combinations of

facility and vessel populations facing TWIC reader requirements. The preferred alternative selected allowed the Coast Guard to

target the highest risk entities while minimizing the overall burden.

Costs and Benefits: The main cost drivers of this rule are the acquisition and installation of TWIC readers and the

maintenance of the affected entity's TWIC reader system. Initial Costs, which we would distribute over a phased-in

implementation period, consist predominantly of the costs to purchase, install, and integrate approved TWIC readers into their

current physical access control system. Recurring annual costs will be driven by costs associated with canceled card list

updates, opportunity costs associated with delays and replacement of TWICs that cannot be read, and maintenance of the

affected entity's TWIC reader system. As reported in the NPRM Regulatory Analysis, the total 10-year total industry and

government cost for the TWIC is $234.3 million undiscounted and $186.1 discounted at 7 percent. The benefits of the

rulemaking include the enhancement of the security of vessel ports and other facilities by ensuing that only individuals who hold

valid TWICs are granted unescorted access to secure areas at those locations. Rule We estimate the annualized cost of this

rule to industry to be $26.5 million at a 7 percent discount rate.

Risks: USCG used risk-based decision-making to develop this rulemaking. Based on this analysis, the Coast Guard has

proposed requiring higher-risk vessels and facilities to meet the requirements for electronic TWIC inspection, while continuing

to allow lower-risk vessels and facilities to use TWIC as a visual identification credential.

Timetable:

Action Date FR Cite

ANPRM 03/27/2009 74 FR 13360 

Notice of Public Meeting 04/15/2009 74 FR 17444 

ANPRM Comment Period End 05/26/2009 

Notice of Public Meeting Comment Period End 05/26/2009 

NPRM 03/22/2013 78 FR 20558 

NPRM Comment Period Extended 05/10/2013 78 FR 27335 

NPRM Comment Period Extended End 06/20/2013 

Final Rule 04/00/2014 

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: Business; Government Levels Affected: No

56

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Governmental Jurisdictions

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-FAC-2), 2703 Martin Luther King Jr. Avenue SE., STOP 7501, Washington, DC 20593-7501

Washington , DC 20593-7501 

Phone: 202 372-1133

E-Mail: loan.t.o'brien@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 amended 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 current 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 additionally updated the lifesaving equipment regulations for inflatable

life rafts and inflatable buoyant apparatuses to harmonize Coast Guard regulations with recently adopted international standards

affecting assumed occupant weight. The Coast Guard is adopting further amendments to the lifesaving equipment regulations for

release mechanisms to harmonize Coast Guard regulations with international standards affecting design, construction, and

performance requirements for release mechanisms.

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 

Interim Final Rule 10/11/2011 76 FR 62962 

SNPRM 10/11/2011 76 FR 62714 

Interim Final Rule Effective 10/10/2011 76 FR 62962 

SNPRM Comment Period End 11/25/2011 76 FR 62714 

Interim Final Rule 02/21/2012 77 FR 9859 

Interim Final Rule Effective 03/22/2012 

Second SNPRM 11/26/2012 77 FR 70390 

Second SNPRM Comment Period End 01/25/2013 

Final Rule 03/00/2014 

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: Ms. Jacqueline P. Yurkovich

Project Manager (CG-ENG-4)

Department of Homeland Security

U.S. Coast Guard

57

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
2703 Martin Luther King Jr. Avenue SE., STOP 7509, Washington, DC 20593-7509

Washington , DC 20593-7509 

Phone: 202 372-1389

E-Mail: jacqueline.p.yurkovich@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 is amending 46 CFR part 67 to include a new annual fee for renewals of endorsements upon the

Certificate of Documentation. The Coast Guard is required to establish user fees for services related to the documentation of

vessels. This rule would establish a fee to cover the current costs of the vessel documentation services provided by the Coast

Guard.

Priority: Other Significant Agenda Stage of Rulemaking: Final 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 04/04/2013 78 FR 14053 

NPRM Comment Period End 05/03/2013 

Final Rule 05/00/2014 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

Agency Contact: Mary Jager 

CG-DCO-832

Department of Homeland Security

U.S. Coast Guard

2703 Martin Luther King Jr. Avenue SE., STOP 7318, Washington, DC 20593-7318

Washington , DC 20593-7318 

Phone: 202 372-1331

E-Mail: mary.k.jager@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: Final Rule

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

NPRM 08/18/2011 76 FR 51317 

NPRM Correction 09/20/2011 76 FR 58226 

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
NPRM Comment Period End 11/16/2011 

Final Rule 03/00/2014 

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

Agency Contact: David Belliveau 

Project Manager

Department of Homeland Security

U.S. Coast Guard

Fishing Vessel Division, CG-CVC-3, 2703 Martin Luther King Jr. Avenue SE., STOP 7501, Washington, DC 20593-7501

Washington , DC 20593-7501 

Phone: 202 372-1247

E-Mail: david.j.belliveau@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

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 02/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

59

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: LCDR Heather Mattern 

Program Manager (CG-ENG-1)

Department of Homeland Security

U.S. Coast Guard

2703 Martin Luther King Jr. Avenue SE., STOP 7509, Washington, DC 20593-7509

Washington , DC 20593-7509 

Phone: 202 372-1361

E-Mail: heather.r.mattern@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, 2004, and 2010. They would clarify the U.S. Coast Guard Auxiliary's organization and status as the Coast

Guard's volunteer workforce element, commensurately broaden the role of the Coast Guard Auxiliary as provided for in the

afore listed legal authorities, and provide additional liability protection for Coast Guard Auxiliarists assigned to Coast Guard duty.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final 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 05/10/2013 78 FR 27321 

NPRM Comment Period End 08/08/2013 

Final Rule 06/00/2014 

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

2703 Martin Luther King Jr. Avenue SE., STOP 7501, Washington, DC 20593-7501

Washington , DC 20593-7501 

Phone: 202 372-1267

E-Mail: stephen.j.minutolo@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. This rule would allow most vessels

to submit ballast water reports after arrival to the port or place of destination, providing them more flexibility in fulfilling the

reporting requirements. The Coast Guard would also require vessels with ballast tanks operating solely on voyages between

ports or places within a single Captain of the Port Zone to submit annual reports of their ballast water management practices.

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

60

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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 06/05/2013 78 FR 33774 

NPRM Comment Period End 08/05/2013 

Final Rule 05/00/2014 

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: LCDR Rodney Wert 

Project Manager (CG-OES-3)

Department of Homeland Security

U.S. Coast Guard

2703 Martin Luther King Jr. Avenue SE., STOP 7509, Washington, DC 20593-7509

Washington , DC 20593-7509 

Phone: 202 372-1434

E-Mail: rodney .wert@uscg.mil

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 revises the current regulations to reflect current crane inspection and design standards, and expand

applicability of the existing standards regarding who may apply to issue crane certifications and to perform inspections. 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: Final 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 05/13/2013 78 FR 27913 

NPRM Comment Period End 08/12/2013 

Final Rule 06/00/2014 

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

Commandant (CG-OES-2), 2703 Martin Luther King Jr. Avenue SE., STOP 7509, Washington, DC 20593-7509

Washington , DC 20593-7509 

Phone: 202 372-1413

E-Mail: ken.a.smith@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB80

61

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
 View Related Documents

Title: Revision to Transportation Worker Identification Credential (TWIC) Requirements for Mariners

Abstract: The Coast Guard is revising its merchant mariner credentialing regulations to implement the requirements of section

809 of the Coast Guard Authorization Act of 2010, Public Law 111-281. Section 809 eliminates the requirement for certain

mariner populations to hold a Transportation Worker Identification Credential (TWIC). The Coast Guard is also adjusting its

regulations to provide an exemption for certain fees associated with merchant mariner credentialing for those mariners not

required to hold a TWIC, but who may still be required to visit a TWIC enrollment center to provide the information necessary to

obtain a Merchant Mariner Credential. This rulemaking implements section 809 through revised regulations addressing the

applicability of the TWIC requirements and the process of obtaining an MMC for affected mariners, and will supersede Coast

Guard Policy Letter 11-15 issued December 2011, which provided affected mariners some of the relief presented by section 809

while the Coast Guard worked on this rulemaking.

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

Timetable:

Action Date FR Cite

Interim Final Rule 03/00/2014 

Additional Information: Includes Retrospective Review under E.O. 13563

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-OES-1, 2703 Martin Luther King Jr. Avenue SE., STOP 7509, Washington, DC 20593-7509

Washington , DC 20593-7509 

Phone: 202 372-1445

E-Mail: davis.j.breyer@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB85

 View Related Documents

Title: Commercial Fishing Vessels--Implementation of 2010 and 2012 Legislation

Abstract: The Coast Guard is implementing those requirements of 2010 and 2012 legislation that pertain to uninspected

commercial fishing industry vessels and that took effect upon enactment of the legislation but that, to be implemented, require

amendments to Coast Guard regulations affecting those vessels. The applicability of the regulations is being changed, and new

requirements are being added to safety training, equipment, vessel examinations, vessel safety standards, the documentation of

maintenance, and the termination of unsafe operations. This rulemaking promotes the Coast Guard maritime safety mission.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule

Major: Undetermined Unfunded Mandates: Private Sector

CFR Citation: 46 CFR 28; 46 CFR 42 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 111-281; title VI (Marine Safety)

Legal Deadline: 

Action Source Description Date

Other Statutory CGAA2010 Requirements in effect since 10/15/2010 

Timetable:

Action Date FR Cite

Interim Final Rule 09/00/2014 

Additional Information: The docket number for this rulemaking is USCG-2012-0025. The docket can be found at

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
www.regulations.gov.

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Related RINs: Related to 1625-AA77

Agency Contact: Jack Kemerer 

Project Manager, CG-CVC-43

Department of Homeland Security

U.S. Coast Guard

2703 Martin Luther King Jr. Avenue SE, STOP 7501, Washington, DC 20593-7501

Washington , DC 20593-7501 

Phone: 202 372-1249

E-Mail: jack.a.kemerer@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB88

 View Related Documents

Title: Changes to the Inland Navigation Rules of the Road

Abstract: The Coast Guard proposes to amend the inland navigation rules in 33 CFR parts 83 through 88 to incorporate

amendments made by the International Maritime Organization to the Convention on the International Regulations for Preventing

Collisions at Sea to which the U.S. is a signatory, and to incorporate recommendations advised by the Navigation Safety

Advisory Council. These changes would harmonize domestic and international law by reducing and alleviating equipment

requirements on vessels, addressing technological advancements, such as wing-in-ground craft, and making reference to

applicable requirements easier to locate by creating uniformity of the two sets of rules.

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

Major: Undetermined Unfunded Mandates: No

CFR Citation: 33 CFR 83; 33 CFR 84; 33 CFR 85; 33 CFR 86; 33 CFR 87; 33 CFR 88 (To search for a specific CFR, visit the

Code of Federal Regulations ) 

Legal Authority: Coast Guard and Maritime Transportation Authorization Act of 2004 (Pub. L. 108-293); Department of

Homeland Security Delegation 0170.1, Delegation to the Commandant of the Coast Guard.

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/28/2012 77 FR 52175 

NPRM Comment Period End 10/29/2012 

Final Rule 02/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: LCDR Megan Cull 

Project Manager

Department of Homeland Security

U.S. Coast Guard

Office of Navigation Systems (CG-NAV-3), 2703 Martin Luther King Jr. Avenue SE., STOP 7418, Washington, DC 20593-7418

Washington , DC 20593-7418 

Phone: 202 372-1565

E-Mail: megan.l.cull@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB94

 View Related Documents

Title: 2012 Liquid Chemical Categorization Updates

Abstract: The primary purpose of this rulemaking is to update information contained in 46 CFR parts 30, 150, 151, 153, and

154 text and tables about the characteristics of liquid chemical cargoes. The updating would be based on: The latest

"Provisional Categorization of Liquid Substances" Circular (MEPC.2/Circ. 17; Dec. 17, 2011) of the MEPC and the March 2012

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Annex to the IBC Code; Coast Guard approvals of liquid chemical cargoes for domestic-only carriage; and on Coast Guard

information about chemicals that are either no longer being manufactured or no longer shipped by bulk on vessels.

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

Major: Undetermined Unfunded Mandates: No

CFR Citation: 46 CFR 30; 46 CFR 150 and 151; 46 USC 153 and 154 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 33 USC 1903; 46 USC 2103; 46 USC 3306; 46 USC 3703; DHS Delegation No 0170.1

Legal Deadline: None

Regulatory Plan:

Statement of Need: Regulatory text and tables meant to convey current information about liquid chemical cargo

characteristics are badly out of date and are no longer accurate. The current regulation requires updating and, through annual

rulemakings, to keep the information up to date. This project would further the Coast Guard strategic goals of maritime safety,

maritime mobility, and marine environmental protection.

Legal Basis: The statutory basis for this rulemaking is 46 U.S.C. 3703, which requires the Secretary to prescribe regulations

relating to the operation of vessels that carry liquid bulk dangerous cargoes, and to the types and grades of cargo those

vessels carry. Additional regulatory authority is provided by 33 U.S.C. 1903 (regulations to implement the International

Convention for the Prevention of Pollution from Ships, 1973 (MARPOL)), 46 U.S.C. 2103 (merchant marine regulatory authority),

and 46 U.S.C. 3306 (regulations for the safety of individuals and property on inspected vessels). The Secretary's authority

under these statutes is delegated to the Coast Guard in DHS Delegation No. 0170.1-33 U.S.C. 1903 by paragraph (77), and

the 46 U.S.C. statutes by paragraph (92).

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 08/16/2013 78 FR 50148 

Interim Final Rule Effective 09/16/2013 

Interim Final Rule Comment Period End 11/14/2013 

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: Ms. Aryan Nejad Roshanak

Program Manager (CG-ENG-5)

Department of Homeland Security

U.S. Coast Guard

Department of Homeland Security, 2703 Martin Luther King Jr. Avenue SE., STOP 7509, Washington, DC 20593-7509

Washington , DC 20593-7509 

Phone: 202 372-1415

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB96

 View Related Documents

Title: Double Hull Tanker Escorts on the Waters of Prince William Sound, AK

Abstract: The Coast Guard is amending the escort requirements for certain tankers in Prince William Sound, AK (PWS). This

rulemaking is necessary to implement section 711 of the Coast Guard Authorization Act of 2012 (Pub. L. 111-281) which

mandates two tug escorts for double hull tankers over 5,000 gross tons carrying oil in bulk on the waters for PWS.

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

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 168 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Sec 4116(c) of the Oil Pollution Act of 1990 (Pub. L. 101-380); 46 USC 3703 note as amended by sec 711 of

the Coast Guard Authorization Act of 2010 (Pub. L. 111-281)

Legal Deadline: None

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Timetable:

Action Date FR Cite

Interim Final Rule 08/19/2013 78 FR 50335 

Interim Final Rule Effective 09/18/2013 

Interim Final Rule Comment Period End 11/18/2013 

Final Rule 12/00/2014 

Additional Information: The docket number for this rulemaking is USCG-2012-0975. The docket can be found at

www.regulations.gov

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

Federalism: Undetermined

Energy Affected: No

Agency Contact: Kevin Tone 

Project Manager, CG-OES-4

Department of Homeland Security

U.S. Coast Guard

2703 Martin Luther King Jr. Avenue SE., STOP 7509, Washington, DC 20593-7509

Washington , DC 20593-7509 

Phone: 202 372-1441

E-Mail: kevin.p.tone@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB97

 View Related Documents

Title: Implementation of MARPOL Annex V Amendments

Abstract: The Coast Guard published an Interim Final Rule (IFR) with request for comments to put revised implementing

regulations in place for the U.S. when the MARPOL Annex V amendments entered into force internationally on 1 January 2013,

while still allowing for changes as a result of public comment. The International Convention for the Prevention of Pollution of

Ships (MARPOL) Annex V (Garbage) amendments were adopted by the International Maritime Organization's Marine

Environmental Protection Committee (MEPC) in July 2011 and took effect 1 January 2013. As a Party to the MARPOL

Convention, the U.S. revised its domestic regulations in 33 CFR 151 as necessary to conform to the new requirements of

Annex V.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final 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: 33 USC 1321; 33 USC 1903; 33 USC 1908; 46 USC 6101; PL 104-227; 110 Stat 3034, EO 12777; 3 CFR;

1991 Comp p 351; Department of Homeland Security Delegation No. 170.1

Legal Deadline: 

Action Source Description Date

Other Statutory 

MARPOL V amendments are effective 01 Jan 2013--must align our

domestic regulations prior to Jan 2013 for compliance with our

international obligations 

01/01/2013 

Timetable:

Action Date FR Cite

Interim Final Rule 02/28/2013 78 FR 13481 

Interim Final Rule Comment Period End 05/29/2013 

Final Rule 05/00/2014 

Additional Information: Coast Guard docket number for this request is USCG-2012-1049.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 1625-AB76

Agency Contact: LCDR Rodney Wert 

Project Manager (CG-OES-3)

Department of Homeland Security

U.S. Coast Guard

2703 Martin Luther King Jr. Avenue SE., STOP 7509, Washington, DC 20593-7509

65

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Washington , DC 20593-7509 

Phone: 202 372-1434

E-Mail: rodney .wert@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AC00

 View Related Documents

Title: Electrical Equipment in Hazardous Locations

Abstract: The Coast Guard proposes to amend the electrical engineering regulations in 46 CFR subchapter J. We anticipate

that the proposed regulations will be applicable to foreign and U.S. Mobile Offshore Drilling Units (MODUs), floating facilities,

and vessels that engage in OCS activities for the first time after the effective date of the regulations. The proposed regulations

would expand the list of acceptable national and international explosion protection standards. It would also add IECEx (the IEC

System for Certification to Standards relating to Equipment for use in Explosive Atmospheres) as an acceptable independent

third-party certification system for testing and certifying electrical equipment. Finally, the proposed regulations would provide

owners and operators of U.S. tank vessels the option of choosing between the compliance regime contained in existing 46 CFR

subpart 111.105 or the one contained in proposed regulations. This proposal would support the U.S. Coast Guard's maritime

safety mission.

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

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 143; 46 CFR 110; 46 CFR 111 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 43 USC 1333; 43 USC 1348; 43 USC 1356; 33 USC 1509; 46 USC 3306; 46 USC 3307; 46 USC 3703

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/24/2013 78 FR 37760 

NPRM Comment Period End 09/23/2013 

Final Rule 09/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Raymond Martin 

Systems Engineering Division (CG-ENG-3)

Department of Homeland Security

U.S. Coast Guard

2703 Martin Luther King Jr. Avenue SE., STOP 7509, Washington, DC 20593-7509

Washington , DC 20593-7509 

Phone: 202 372-1384

E-Mail: raymond.w.martin@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AC01

 View Related Documents

Title: Amendments to 33 CFR Part 177--Removing the Wave Height Provisions and Regulated Boating Areas for Bar Crossing

Locations Along the Coasts of Oregon and Washington

Abstract: The primary purpose of this rulemaking is to amend 33 CFR part 177 to remove the wave height provisions under

section 177.07(f) and the Regulated Boating Areas under section 177.08, which have been replaced with more recently

promulgated and robust regulatory provisions contained in 33 CFR part 165.1325. This rulemaking will support the Coast

Guard's mission of marine safety.

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

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 177 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 46 USC 4302; 46 USC 4311

Legal Deadline: None

Timetable:

66

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Action Date FR Cite

Interim Final Rule 07/09/2013 78 FR 40963 

Interim Final Rule Effective 08/08/2013 

Interim Final Rule Comment Period End 09/09/2013 

Final Rule 03/00/2014 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Agency Contact: Burt Lahn 

Project Manager

Department of Homeland Security

U.S. Coast Guard

Office of Navigation Systems, CG-NAV-3, 2703 Martin Luther King Jr. Avenue SE., STOP 7580, Washington, DC 20593-7580

Washington , DC 20593-7580 

Phone: 202 372-1526

FAX: 202 372-1991

E-Mail: burt.a.lahn@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AC04

 View Related Documents

Title: Inland Waterways Navigation Regulations, St. Mary's River

Abstract: This rule exempts vessels under 20 meters (65 feet) in length operating in the St. Mary's River along Michigan's

eastern Upper Peninsula from certain speed rules in 33 CFR 162.117(g). Exempting such vessels from these rules is necessary

because enforcement is impractical and the rules impeded the operation of public response vehicles.

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

Major: Undetermined Unfunded Mandates: No

CFR Citation: 33 CFR 162.117 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 33 USC 1231

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/26/2013 78 FR 24697 

NPRM Comment Period End 06/10/2013 

Final Rule 12/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Oneida Cuevas 

Project Counsel

Department of Homeland Security

U.S. Coast Guard

CGHQ-1504, 2703 Martin Luther King Jr. Avenue SE., Stop 7213, Washington, DC 20593-7213

Washington , DC 20593-7213 

Phone: 202 372-3848

E-Mail: oneida.cuevas@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AC08

 View Related Documents

Title: Shipping and Transportation; Technical, Organizational, and Conforming Amendments

Abstract: This rule makes non-substantive changes throughout title 46 and 49 of the Code of Federal Regulations. The

purpose of this rule is to make conforming amendments and technical corrections to Coast Guard shipping and transportation

regulations. These changes will have no substantive effect on the regulated public. This rule is provided to coincide with the

annual recodification of title 46 and 49 on October 1, 2013.

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Priority: Info./Admin./Other 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: 5 USC 553

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 11/00/2013 

Additional Information: The OFR docket number for this RIN is USCG-2013-0671

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov

Agency Contact: Paul Crissy 

Regulatory Development Manager

Department of Homeland Security

U.S. Coast Guard

Office of Standard Evaluation & Development (CG REG-1), 2703 Martin Luther King Jr. Avenue SE., STOP 7418, Washington,

DC 20593-7418

Washington , DC 20593-7418 

Phone: 202 372-1093

E-Mail: paul.h.crissy@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AC11

 View Related Documents

Title: Waiver for Marking Sunken Vessels With a Light at Night

Abstract: This rulemaking revises Coast Guard regulations to implement section 301 of the Coast Guard and Maritime

Transportation Act of 2004. This Act authorized the Commandant to waive the statutory requirement to mark sunken vessels

with a light at night if the Commandant determines that placing a light would be impractical and waiving the requirement would

not create an undue hazard to navigation. The Commandant has delegated to the Coast Guard District Commander in whose

district the sunken vessel is located the authority to grant this waiver.

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

Major: Undetermined Unfunded Mandates: No

CFR Citation: 33 CFR 64 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 14 USC 633; 33 USC 409; 33 USC 1231; 42 USC 9118; 43 USC 1333; Department of Homeland Security

Delegation No 0170.1

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/28/2013 78 FR 31872 

NPRM Comment Period End 07/29/2013 

Notice of Correction 09/10/2013 78 FR 55230 

Final Rule 12/00/2013 

Additional Information: The Coast Guard docket for this rulemaking is USCG-2012-0054

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Related RINs: Previously Reported as 1625-AA97

Agency Contact: LT Patrick Armstrong Department of Homeland Security

U.S. Coast Guard

Commandant (CG-NAV), 2703 Martin Luther King Jr. Avenue SE., STOP 7418, Washington, DC 20593-7418

Washington , DC 20593-7418 

Phone: 202 372-1561

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
E-Mail: patrick.n.armstrong@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AA00

 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

Navigation Standards Division, 2703 Martin Luther King Jr. Avenue SE, STOP 7418, Washington, DC 20593-7418

Washington , DC 20593-7418 

Phone: 202 372-1566

E-Mail: george.h.detweiler@uscg.mil

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

69

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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

Navigation Standards Division, 2703 Martin Luther King Jr. Avenue SE, STOP 7418, Washington, DC 20593-7418

Washington , DC 20593-7418 

Phone: 202 372-1566

E-Mail: george.h.detweiler@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AA08

 View Related Documents

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

Navigation Standards Division, 2703 Martin Luther King Jr. Avenue SE, STOP 7418, Washington, DC 20593-7418

Washington , DC 20593-7418 

Phone: 202 372-1566

E-Mail: george.h.detweiler@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AA09

70

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
 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 are 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

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

2703 Martin Luther King Jr. Avenue SE, STOP 7418, Washington, DC 20593-7418

Washington , DC 20593-7418 

Phone: 202 372-1515

E-Mail: alesia.j.steinberger@ uscg.mil

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.

71

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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

Navigation Standards Division, 2703 Martin Luther King Jr. Avenue SE, STOP 7418, Washington, DC 20593-7418

Washington , DC 20593-7418 

Phone: 202 372-1566

E-Mail: george.h.detweiler@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; 33 CFR 6 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 33 USC 1226; 33 USC 1231; 50 USC 191

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

2703 Martin Luther King Jr. Avenue SE, STOP 7501, Washington, DC 20593-7501

Washington , DC 20593-7501 

Phone: 202 372-1118

E-Mail: wayne.young@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB58

 View Related Documents

Title: Amendments to Chemical Testing Requirements

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 and 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).

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

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

NPRM 

Notice With Request for Comments 01/20/2012 77 FR 2935 

Notice Comment Period End 03/20/2012 

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

Small Entities Affected: Governmental Jurisdictions Federalism: Yes

Energy Affected: No

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

Agency Contact: Robert C. Schoening 

Commandant (CG-INV-1)

Department of Homeland Security

U.S. Coast Guard

2703 Martin Luther King Jr. Avenue SE., STOP 7501, Washington, DC 20593-7501

Washington , DC 20593-7501 

Phone: 202 372-1033

E-Mail: robert.c.schoening@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: Completed Action

Major: No Unfunded Mandates: No

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.

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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 USCG's Navigation and Vessel Inspection Circular (NVIC).

Costs and Benefits: 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 shoreside 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 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 09/30/2013 78 FR 60099 

Final Rule Effective 10/30/2013 

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

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-AA19; Related to 1625-AA26

Agency Contact: Mr. Timothy M. Brown

Project Manager, Office of Commercial Vessel Compliance (CG-CVC-1)

Department of Homeland Security

U.S. Coast Guard

2703 Martin Luther King Jr. Avenue SE., STOP 7501, Washington, DC 20593-7501

Washington , DC 20593-7501 

Phone: 202 372-2358

E-Mail: timothy.m.brown@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: Completed 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 ) 

Legal Authority: 33 USC 1225; 42 USC 7511b(f)(2); 46 USC 3703

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/21/2010 75 FR 65151 

NPRM Comment Period End 04/21/2011 

Final Rule 07/16/2013 78 FR 42596 

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: Previously Reported as 1625-AB01

Agency Contact: LT Jodi Min 

Project Manager, CG-ENG-5

Department of Homeland Security

U.S. Coast Guard

2703 Martin Luther King Jr. Avenue SE., STOP 7509, Washington, DC 20593-7509

Washington , DC 20593-7509 

Phone: 202 372-1422

E-Mail: jodi.j.min@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB63

 View Related Documents

Title: Bulk Packaging To Allow for Transfer of Hazardous Liquid Cargoes

Abstract: The final rule would permit the use of United Nations-approved portable tanks for the transfer of hazardous liquid

cargoes to and from portable tanks on vessels. The 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 additional hazardous liquid cargoes to and from vessels.

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

Major: No Unfunded Mandates: No

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 03/09/2012 77 FR 14327 

NPRM Comment Period End 05/08/2012 

Final Rule 09/06/2013 78 FR 54775 

Final Rule Effective 12/05/2013 

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: No 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

Project Manager (CG-ENG-5)

Department of Homeland Security

U.S. Coast Guard

Office of Hazardous Materials (CG-ENG-5), 2703 Martin Luther King Jr. Avenue SE., STOP 7509, Washington, DC 20593-7509

Washington , DC 20593-7509 

Phone: 202 372-1419

E-Mail: elizabeth.j.newton@uscg.mil

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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: Completed Action

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

Withdrawn 08/19/2013 

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 Loan O'Brien 

Project Manager

Department of Homeland Security

U.S. Coast Guard

Commandant, (CG-FAC-2), 2703 Martin Luther King Jr. Avenue SE., STOP 7501, Washington, DC 20593-7501

Washington , DC 20593-7501 

Phone: 202 372-1133

E-Mail: loan.t.o'brien@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AB81

 View Related Documents

Title: Vessel Traffic Service Updated, Including Establishment of Vessel Traffic Service in Port Arthur, Texas, and Expansion

of a VTS Special Area in Puget Sound, Washington

Abstract: The Coast Guard proposes to revise the Vessel Traffic Service (VTS)-related regulations in 33 CFR part 161. The

proposed revisions will establish a mandatory-participation VTS in Port Arthur, Texas; consolidate two existing VTS Special

Areas in Puget Sound, Washington into one expanded VTS Special Area, and make two minor revisions to the VTS regulations.

One revision will update the designated frequencies for the Maritime Mobile Service Identifiers for Louisville, KY and Los

Angeles/Long Beach, CA; the other revision will amend an outdated reference to the term "Dangerous Cargo" to the updated

term "Certain Dangerous Cargos."

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

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 161.12; 33 CFR 161.19; 33 CFR 161.55; 33 CFR 161.70 (To search for a specific CFR, visit the Code

of Federal Regulations ) 

Legal Authority: 33 USC 1221

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/10/2012 77 FR 55439 

NPRM Comment Period End 12/10/2012 

Final Rule 08/21/2013 78 FR 51664 

Final Rule Effective 09/20/2013 

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: LCDR Patricia Springer 

Project Manager

Department of Homeland Security

U.S. Coast Guard

Room (CG-7413), 2703 Martin Luther King Jr. Avenue SE., STOP 7331, Washington, DC 20593-7331

Washington , DC 20593-7331 

Phone: 202 372-2576

E-Mail: patricia.j.springer@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AC03

 View Related Documents

Title: Seagoing Barges

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: Completed Action

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

NPRM 01/09/2013 78 FR 2147 

NPRM Comment Period End 03/11/2013 

Final Rule 08/29/2013 78 FR 53285 

Final Rule Effective 09/30/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Duplicate of 1625-AB71

Agency Contact: William Abernathy 

Program Manager (CG-OES-2)

Department of Homeland Security

U.S. Coast Guard

2703 Martin Luther King Jr. Avenue SE., STOP 7509, Washington, DC 20593-7509

Washington , DC 20593-7509 

Phone: 202 372-1363

E-Mail: william.j.abernathy@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AC06

 View Related Documents

Title: Navigation and Navigable Waters: Technical, Orginizational, and Conforming Amendments

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 waters

regulations. These changes will have no substantive effect on the regulated public. This rule is provided to coincide with the

annual recodification of title 33 on July 1, 2013.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action

77

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 1; 33 CFR 3; 33 CFR 6; 33 CFR 13; 33 CFR 72; 33 CFR 80; 33 CFR 83; 33 CFR 101; 33 CFR 110; 33

CFR 114 to 118; 33 CFR 133; 33 CFR 136; 33 CFR 138; 33 CFR 148 to 151; 33 CFR 161; 33 CFR 164 and 165 (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 07/01/2013 78 FR 39163 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities 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 REG-1), 2703 Martin Luther King Jr. Avenue SE., STOP 7418, Washington,

DC 20593-7418

Washington , DC 20593-7418 

Phone: 202 372-1093

E-Mail: paul.h.crissy@uscg.mil

Department of Homeland Security (DHS) 

U.S. Coast Guard ( USCG ) RIN: 1625-AC09

 View Related Documents

Title: TWIC not Evidence of Resident Alien Status

Abstract: The Coast Guard is removing a provision from its Outer Continental Shelf (OCS) Activities personnel regulations,

along with its associated recordkeeping reference. The provision being removed provides that a Transportation Worker

Identification Credential (TWIC) is sufficient evidence of permanent resident alien status. A TWIC can be obtained and issued to

non-U.S. citizens and non-resident aliens. Therefore, a TWIC is not sufficient evidence of permanent resident alien status. To

remedy this inconsistency, this provision must be removed, along with its associated definitional and recordkeeping references.

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

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 141.10; 33 CFR 141.30; 33 CFR 141.35 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 43 USC 1356; 46 USC 70105

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 11/19/2013 78 FR 69292 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Quentin Kent Department of Homeland Security

U.S. Coast Guard

2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501

Washington , DC 20593-7501 

Phone: 202 372-2292

E-Mail: quentin.c.kent@uscg.mil

Department of Homeland Security (DHS) 

U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA97

 View Related Documents

78

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Title: Waiver of Passport and Visa Requirements Due to an Unforeseen Emergency

Abstract: This rule proposes to reinstate a 1996 amendment to 8 CFR 212.1(g) regarding a waiver of documentary

requirements for nonimmigrants seeking admission to the United States. The 1996 amendment allowed the former Immigration

and Naturalization Service (INS) to waive passport and visa requirements due to an unforeseen emergency while preserving its

ability to fine carriers for unlawfully transporting aliens to the United States who do not have a valid passport or visa. On

November 20, 2009, the United States Court of Appeals for the Second Circuit invalidated the 1996 amendment based on

procedural grounds. This DHS proposal would reinstate the 1996 amendment and make some additional technical amendments.

DHS and the State Department are acting jointly in this matter.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed 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: 212(a)(7)(B) INA (8 USC 1182(a)(7))

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Patrick Bruce 

General Attorney, Office of Chief Counsel

Department of Homeland Security

U.S. Customs and Border Protection

1300 Pennsylvania Avenue NW., Washington, DC 20229

Washington , DC 20229 

Phone: 202 344-3051

E-Mail: patrick.bruce@cbp.dhs.gov

Department of Homeland Security (DHS) 

U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA98

 View Related Documents

Title: Amendments to Importer Security Filing and Additional Carrier Requirements

Abstract: The Importer Security Filing (ISF) regulations 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 ensure cargo safety and security. Importers and carriers must submit specified information before the cargo is brought into

the United States by vessel in accordance with specified time frames. To increase the accuracy and reliability of the advance

information, this rule will propose changes to the ISF regulations.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 19 CFR 4.7c; 19 CFR 149.1 (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; 19 USC 1434; 19 USC 1624;

19 USC 2071 (note); 46 USC 60105

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/00/2014 

Regulatory Flexibility Analysis Required: Undetermined 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-AA70

Agency Contact: Craig Clark 

Program Manager, Vessel Manifest & Importer Security Filing, Office of Cargo and Conveyance Security

Department of Homeland Security

79

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
U.S. Customs and Border Protection

1300 Pennsylvania Avenue NW., Washington, DC 20229

Washington , DC 20229 

Phone: 202 344-3052

E-Mail: craig.clark@cbp.dhs.gov

Department of Homeland Security (DHS) 

U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA99

 View Related Documents

Title: Nonimmigrant Classes: Temporary Visitors to the United States for Business or Pleasure

Abstract: This is a proposal to amend the Department of Homeland Security (DHS) regulations pertaining to nonimmigrants

admitted to the United States as temporary visitors for business (B-1) or pleasure (B-2). The proposed amendments will clarify

the criteria for according B-1 or B-2 nonimmigrant classification to applicants for admission to the United States. Such

clarification is necessary to ensure fair and consistent adjudication and enforcement, as well as to make the criteria more

transparent.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 8 CFR 214.2; 8 CFR 274a.12 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101; 8 USC 1102; 8 USC 1103; 8 USC 1182; 8 USC 1184; 8 USC 1186a; 8 USC 1187; 8 USC

1221; 8 USC 1281; 8 USC 1282; 8 USC 1301 to 1305; 8 USC 1372; 48 USC 1901 (note) and 48 USC 1931 (note); 48 USC

1806; ...

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/00/2014 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

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.

Agency Contact: Rafael Henry 

Supervisory CBP Officer (Program Manager)

Department of Homeland Security

U.S. Customs and Border Protection

1300 Pennsylvania Avenue NW., Washington, DC 20229

Washington , DC 20229 

Phone: 202 344-3251

E-Mail: rafael.e.henry@cbp.dhs.gov

Department of Homeland Security (DHS) 

U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AB00

 View Related Documents

Title: Small Vessel Reporting System

Abstract: As part of CBP's comprehensive effort to improve the security of our nation's borders while enhancing legitimate

travel, specifically for boaters, CBP is proposing to implement the Small Vessel Reporting System (SVRS) as a regulatory

program. SVRS is a web-based automated reporting system pilot for participant operators of small boats to expeditiously report

their arrival in the United States from foreign places. SVRS enables participants to satisfy certain arrival reporting requirements

by filing a float plan containing information about their voyage in advance of arrival, and then placing a telephone call to CBP

upon arrival in the United States. This process will, in most cases, make it unnecessary for SVRS participants to also report for

an in-person inspection upon arrival in the United States.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 235.13 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1103; 8 USC 1225; 8 USC 1365b; 19 USC 1433

Legal Deadline: None

80

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 02/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Agency Contact: Cheryl C. Peters 

Program Manager, Office of Field Operations

Department of Homeland Security

U.S. Customs and Border Protection

1300 Pennsylvania Avenue, NW, 3.3C-12, Washington, DC 20229

Washington , DC 20229 

Phone: 202 344-1438

E-Mail: cheryl.c.peters@cbp.dhs.gov

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 final rule implements the provisions of section 203 of the Security and Accountability for Every Port Act of 2006.

On November 25, 2008, CBP published an interim final rule (CBP Dec. 08–46) in the Federal Register (73 FR 71730), that

finalized most of the provisions proposed in the NPRM. The interim final rule did not finalize six data elements that were

identified as areas of potential concern for industry during the rulemaking process and, for which, CBP provided some type of

flexibility for compliance with those data elements. CBP solicited public comment on these six data elements, conducted a

structured review, and also invited comments on the revised Regulatory Assessment and Final Regulatory Flexibility Analysis.

[See 73 FR 71782-85 for regulatory text and 73 CFR 71733-34 for general discussion.] The remaining requirements of the rule

were adopted as final. 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: This rule improves 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 is considering whether to maintain the flexibilities on the data elements that were not finalized in the

interim final rule.

Costs and Benefits: CBP is currently developing a regulatory impact analysis based on the comments and the structured

review of the data elements not finalized in the interim final rule.

Risks: No 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 

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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 08/00/2014 

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: Craig Clark 

Program Manager, Vessel Manifest & Importer Security Filing, Office of Cargo and Conveyance Security

Department of Homeland Security

U.S. Customs and Border Protection

1300 Pennsylvania Avenue NW., Washington, DC 20229

Washington , DC 20229 

Phone: 202 344-3052

E-Mail: craig.clark@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: CBP issued an interim final rule which implemented the Electronic System for Travel Authorization (ESTA) for aliens

who travel to the United States under the Visa Waiver Program (VWP) at air or sea ports of entry. Under the rule, VWP

travelers must provide certain biographical information to CBP electronically before departing for the United States. This

advance information 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 interim final rule also fulfilled 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 increases national security and provides 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: The rule fulfills the requirements of section 711 of the 9/11 Act to develop and implement a fully

automated electronic travel authorization system in advance of travel for VWP travelers. The advance information allows CBP to

determine before their departure whether VWP travelers are eligible to travel to the United States and to determine 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. ESTA increases national security by allowing for vetting

of subjects of potential interest before they depart for the United States. It promotes legitimate travel to the United States by

providing for greater efficiencies in the screening of travelers thereby 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 (Pub. L. 110-53) and section 217 of the Immigration and Nationality Act

(INA), 8 U.S.C. 1187.

Alternatives: When developing the interim final rule, 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.

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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

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 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 01/00/2014 

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

Washington , DC 20229 

Phone: 202 344-2073

E-Mail: suzanne.m.shepherd@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

83

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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

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.

Section 702 of the Consolidated Natural Resources Act of 2008 (CNRA), subject to a transition period, extends the immigration

laws of the United States to the Commonwealth of the Northern Mariana Islands (CNMI) and provides for a visa waiver program

for travel to Guam and/or the CNMI. On January 16, 2009, the Department of Homeland Security (DHS), through CBP, issued

an interim final rule in the Federal Register replacing the then-existing Guam Visa Waiver Program with the Guam-CNMI Visa

Waiver Program and setting forth the requirements for nonimmigrant visitors seeking admission into Guam and/or the CNMI

under the Guam-CNMI Visa Waiver Program. As of November 28, 2009, the Guam-CNMI Visa Waiver Program is operational.

This program allows nonimmigrant visitors from eligible countries to seek admission for business or pleasure for entry into Guam

and/or the CNMI without a visa for a period of authorized stay not to exceed forty-five days. This rulemaking would finalize the

January 2009 interim final rule.

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: Previously, aliens who were citizens of eligible countries could 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 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) required 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 forty-five (45) days. Under the interim final rule, a

visitor seeking admission under the Guam-CNMI Visa Waiver Program must be a national of an eligible country and must meet

the requirements enumerated in the current Guam visa waiver program as well as additional requirements that bring the GuamCNMI Visa Waiver Program into soft alignment with the U.S. Visa Waiver Program provided for in 8 CFR 217. The country

eligibility requirements take into account the intent of the CNRA and ensure that the regulations meet current border security

needs. The country eligibility requirements are designed to: (1) ensure effective border control procedures, (2) properly address

national security and homeland security concerns in extending U.S. immigration law to the CNMI, and (3) maximize the CNMI's

potential for future economic and business growth. This interim rule also provided that visitors from the People's Republic of

China and Russia have provided a significant economic benefit to the CNMI. However, nationals from those countries cannot,

at this time, seek admission under the Guam-CNMI Visa Waiver Program due to security concerns. Pursuant to section 702(a)

of the CNRA, which extends the immigration laws of the United States to the CNMI, this rule also establishes six ports of entry

in the CNMI to enable the Secretary of Homeland Security (the Secretary) to administer and enforce the Guam-CNMI Visa

Waiver Program.

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: CBP is currently evaluating the costs and benefits associated with finalizing the interim final rule. The

most significant change for admission to the CNMI as a result of the rule was 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 assessed for its visitor entry permits. These are losses associated with the reduced visits from foreign travelers

who no longer visited the CNMI upon implementation of this rule. The anticipated benefits of the rule were enhanced security

that would result from the federalization of the immigration functions in the CNMI.

Risks: No risks.

Timetable:

Action Date FR Cite

Interim Final Rule 01/16/2009 74 FR 2824 

Interim Final Rule Effective 01/16/2009 

Interim Final Rule Comment Period End 03/17/2009 

Technical Amendment; Change of Implementation Date 05/28/2009 74 FR 25387 

Final Action 06/00/2014 

84

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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.

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

Related RINs: Related to 1651-AA81

Agency Contact: Paul Minton 

CBP Officer (Program Manager)

Department of Homeland Security

U.S. Customs and Border Protection

1300 Pennsylvania Avenue NW., Washington, DC 20229

Washington , DC 20229 

Phone: 202 344-2723

E-Mail: paul.a.minton@cbp.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 

Interim Final Rule Effective 05/23/2011 

Final Action 06/00/2014 

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-AA77

Agency Contact: Paul Minton 

CBP Officer (Program Manager)

Department of Homeland Security

U.S. Customs and Border Protection

1300 Pennsylvania Avenue NW., Washington, DC 20229

Washington , DC 20229 

Phone: 202 344-2723

E-Mail: paul.a.minton@cbp.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, nonimmigrant aliens who wish to enter the United

85

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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 is authorized by section 711 of the

Implementing the Recommendations of the 9/11 Commission Act of 2007 (9/11 Act) and mandated by the Travel Promotion Act

and consists of the sum of $10 per travel authorization and an amount that will at least 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 01/00/2014 

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-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

Washington , DC 20229 

Phone: 202 344-2073

E-Mail: suzanne.m.shepherd@cbp.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: Final 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

86

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 02/09/2012 77 FR 6704 

NPRM Comment Period End 04/09/2012 

Final Rule 02/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Agency Contact: Leslie Bianchi 

Field Operations Specialist

Department of Homeland Security

U.S. Customs and Border Protection

1300 Pennsylvania Avenue NW., 2.3D-48, Washington, DC 20229

Washington , DC 20229 

Phone: 202 344-2575

E-Mail: ofo-manifestbranch@cbp.dhs.gov

Department of Homeland Security (DHS) 

U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA96

 View Related Documents

Title: Definition of Form I-94 to Include Electronic Format

Abstract: Currently, CBP generally issues the Form I-94 to aliens at the time they lawfully enter the United States. CBP is

transitioning to an automated process whereby it will create a Form I-94 in an electronic format based on passenger, passport,

and visa information currently obtained electronically from air and sea carriers and the Department of State as well as through

the inspection process. The Form I-94 is issued by DHS to certain aliens upon arrival in the United States or when changing

status in the United States. The Form I-94 is used to document arrival and departure and provides evidence of the terms of

admission or parole. Prior to this rule, the Form I-94 was solely a paper form that was completed by the alien upon arrival. After

the implementation of the Advance Passenger Information System (APIS) following 9/11, CBP began collecting information on

aliens traveling by air or sea to the United States electronically from carriers in advance of arrival. For aliens arriving in the

United States by air or sea, CBP obtains almost all of the information contained on the paper Form I-94 electronically and in

advance via APIS. The few fields on the Form I-94 that are not collected via APIS are either already collected by the

Department of State and transmitted to CBP or can be collected by the CBP Officer from the individual at the time of inspection.

This means that CBP no longer needs to collect Form I-94 information as a matter of course directly from aliens traveling to the

United States by air or sea. At this time, the automated process will apply only to aliens arriving at air and sea ports of entry.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1.4; 8 CFR 264.1(b) (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 1301; 8 USC 1303 to 1305; 5 USC 301; PL 107-296, 116

stat 2135; 6 USC 1 et seq

Legal Deadline: None

Regulatory Plan:

Statement of Need: This rule makes the necessary changes to the regulations to enable CBP to transition to an automated

process whereby CBP will create an electronic Form I-94 based on the information in its databases.

Legal Basis: Section 103(a) of the Immigration and Nationality Act (INA) generally authorizes the Secretary of Homeland

Security to establish such regulations and prescribe such forms of reports, entries, and other papers necessary to carry out his

or her authority to administer and enforce the immigration and nationality laws and to guard the borders of the United States

against illegal entry of aliens.

Alternatives: CBP considered two alternatives to this rule: eliminating the paper Form I–94 in the air and sea environments

entirely and providing the paper Form I–94 to all travelers who are not B–1/B–2 travelers. Eliminating the paper Form I–94

option for refugees, applicants for asylum, parolees, and those travelers who request one would not result in a significant cost

savings to CBP and would harm travelers who have an immediate need for an electronic Form I-94 or who face obstacles to

accessing their electronic Form I–94. A second alternative to the rule is to provide a paper Form I–94 to any travelers who are

not B–1/B–2 travelers. Under this alternative, travelers would receive and complete the paper Form I– 94 during their inspection

when they arrive in the United States. The electronic Form I–94 would still be automatically created during the inspection, but

the CBP Officer would need to verify that the information appearing on the form matches the information in CBP's systems. In

addition, CBP would need to write the Form I–94 number on each paper Form I–94 so that their paper form matches the

electronic record. As noted in the analysis, 25.1 percent of aliens are non-B–1/B–2 travelers. Filling out and processing this

many paper Forms I–94 at airports and seaports would increase processing times considerably. At the same time, it would only

provide a small savings to the individual traveler.

87

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Costs and Benefits: With the implementation of this rule, CBP will no longer collect Form I–94 information as a matter of

course directly from aliens traveling to the United States by air or sea. Instead, CBP will create an electronic Form I–94 for

foreign travelers based on the information in its databases. This rule makes the necessary changes to the regulations to enable

CBP to transition to an automated process. Both CBP and aliens would bear costs as a result of this rule. CBP would bear

costs to link its data systems and to build a website so aliens can access their electronic Forms I–94. CBP estimates that the

total cost for CBP to link data systems, develop a secure website, and fully automate the Form I–94 fully will equal about $1.3

million in calendar year 2012. CBP will incur costs of $0.09 million in subsequent years to operate and maintain these systems.

Aliens arriving as diplomats and students would bear costs when logging into the website and printing electronic I–94s. The

temporary workers and aliens in the ''Other/Unknown'' category bear costs when logging into the website, traveling to a location

with public internet access, and printing a paper copy of their electronic Form I–94. Using the primary estimate for a traveler's

value of time, aliens would bear costs between $36.6 million and $46.4 million from 2013 to 2016. Total costs for this rule for

2013 would range from $34.2 million to $40.1 million, with a primary estimate of costs equal to $36.7 million. CBP, carriers, and

foreign travelers would accrue benefits as a result of this rule. CBP would save contract and printing costs of $15.6 million per

year of our analysis. Carriers would save a total of $1.3 million in printing costs per year. All aliens would save the eight-minute

time burden for filling out the paper Form I–94 and certain aliens who lose the Form I–94 would save the $330 fee and 25-

minute time burden for filling out the Form I–102. Using the primary estimate for a traveler's value of time, aliens would obtain

benefits between $112.6 million and $141.6 million from 2013 to 2016. Total benefits for this rule for 2013 would range from

$110.7 million to $155.6 million, with a primary estimate of benefits equal to $129.5 million. Overall, this rule results in

substantial cost savings (benefits) for foreign travelers, carriers, and CBP. CBP anticipates a net benefit in 2013 of between

$59.7 million and $98.7 million for foreign travelers, $1.3 million for carriers, and $15.5 million for CBP. Net benefits to U.S.

entities (carriers and CBP) in 2013 total $16.8 million. CBP anticipates the total net benefits to both domestic and foreign

entities in 2013 range from $76.5 million to $115.5 million. In our primary analysis, the total net benefits are $92.8 million in

2013. For the primary estimate, annualized net benefits range from $78.1 million to $80.0 million, depending on the discount

rate used.

Risks: N/A

Timetable:

Action Date FR Cite

Interim Final Rule 03/27/2013 78 FR 18457 

Interim Final Rule Comment Period End 04/26/2013 

Interim Final Rule Effective 04/26/2013 

Final Action 10/00/2014 

Additional Information: Includes Retrospective Review under E.O. 13563

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

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

Washington , DC 20229 

Phone: 202 344-2073

E-Mail: suzanne.m.shepherd@cbp.dhs.gov

Department of Homeland Security (DHS) 

U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AB01

 View Related Documents

Title: The U.S. Asia-Pacific Economic Cooperation Business Travel Card Program

Abstract: Pursuant to the Asia-Pacific Economic Cooperation (APEC) Business Travel Cards Act of 2011 and the APEC

Business Travel Card Operating Framework, U.S. Customs and Border Protection is establishing the U.S. Asia-Pacific

Economic Cooperation Business Travel Card Program. APEC is an economic forum whose primary goal is to support

sustainable economic growth and prosperity in the Asia-Pacific region. APEC is comprised of 21 members, including the United

States. One of APEC's initiatives is the APEC Business Travel Card Program. The U.S. APEC Business Travel Card Program

will enable eligible persons access to fast-track immigration lanes at foreign APEC economies. This rule sets forth the eligibility

requirements and the application procedures and fee.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

88

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Major: No Unfunded Mandates: No

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

Legal Authority: PL 112-54; 125 Stat 550

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 11/00/2013 

Interim Final Rule Comment Period End 12/00/2013 

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.

Agency Contact: David Sanchez 

Program Manager, Office of Field Operations

Department of Homeland Security

U.S. Customs and Border Protection

1300 Pennsylvania Avenue, NW, Washington, DC 20229

Washington , DC 20229 

Phone: 202 344-1004

E-Mail: david.sanchez@cbp.dhs.gov

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: Long-term Action

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

Next Action Undetermined

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.

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

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

Washington , DC 20229 

Phone: 202 325-4543

E-Mail: roger.kaplan@cbp.dhs.gov

89

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Department of Homeland Security (DHS) 

Transportation Security Administration ( TSA ) RIN: 1652-AA01

 View Related Documents

Title: Aviation Security Infrastructure Fees (ASIF)

Abstract: The Transportation Security Administration (TSA) will respond to comments received, and take final action on the

interim final rule (IFR) issued February 20, 2002, through the Modification of the Aviation Security Infrastructure Fee (ASIF)

Market Share rulemaking (RIN 1652-AA43). The IFR established the 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 

Interim Final Rule 02/20/2002 67 FR 7926 

Interim Final Rule; Fed Reg Correction 02/25/2002 67 FR 8579 

Notice--Information Collection; Approval 02/28/2002 67 FR 9355 

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 

Notice-Information Collection; 60-Day Renewal Records Retention 10/26/2012 77 FR 65394 

Notice-Information Collection; 30-Day Renewal Records Retention 01/23/2013 78 FR 4856 

NPRM 04/00/2014 

Additional Information: Transferred from RIN 2110-AA02.

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 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, 601 South 12th Street, Arlington, VA 20598-6014

Arlington , VA 20598-6014 

Phone: 571 227-1081

FAX: 571 227-2904

E-Mail: michael.gambone@tsa.dhs.gov

Agency Contact: Monica Grasso Ph.D.

Manager, Economic Analysis Branch-Cross Modal Division

Department of Homeland Security

Transportation Security Administration

Office of Security Policy and Industry Engagement, TSA-28, HQ, E10, 601 South 12th Street, Arlington, VA 20598-6028

Arlington , VA 20598-6028 

Phone: 571 227-3329

E-Mail: monica.grasso@tsa.dhs.gov

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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, HQ, E12, 601 South 12th Street, Arlington, VA 20598-6002

Arlington , VA 20598-6002 

Phone: 571 227-3596

E-Mail: traci.klemm@tsa.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

Regulatory Plan:

Statement of Need: TSA is unable to collect the full amount of the ASIF because some air carriers and foreign air carriers

(carriers) have ceased operations since calendar year 2000. In addition, some carriers may be paying a percentage of the

aggregate cap that is no longer related to their market share of the security services for which the fee is collected. By redetermining market share annually, under the authority discussed below, TSA would be able to redistribute the market share of

defunct carriers across those currently operating, ensure those new to the market do not have the unfair advantage of not

paying an ASIF, and increase annual ASIF collections much closer to the $420 million aggregate cap.

Legal Basis: 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 the September 11th Security Fee does 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 (CY) 2000. Beginning in fiscal year (FY) 2005, ATSA authorized TSA to change the

way the ASIF is apportioned among air carriers according to a carrier's market share or other appropriate measure, in lieu of

the carrier's actual screening costs in CY 2000. See 49 U.S.C. 44940(2)(B)(iii).

Alternatives: As part of this rulemaking, TSA will consider options for determining market share.

Costs and Benefits: In reapportioning the aggregate cap of the ASIF based on market share, the total amount of the ASIF

would not change, but an individual air carrier or foreign air carrier's percentage of the cap may be adjusted as the per-carrier

fee would no longer be based on CY 2000 costs, new entries to the market may be paying a fee for the first time, and some air

carriers and foreign carriers who were not directly required to submit an ASIF under current regulations may receive an ASIF

liability-depending on the methodology chosen to reapportion the aggregate cap.

Risks:

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 04/00/2014 

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Additional Information: Included in 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.

Public Comment URL: www.regulations.gov

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

Office of Finance and Administration, TSA-14, HQ, W12, 601 South 12th Street, Arlington, VA 20598-6014

Arlington , VA 20598-6014 

Phone: 571 227-1081

FAX: 571 227-2904

E-Mail: michael.gambone@tsa.dhs.gov

Agency Contact: Monica Grasso Ph.D.

Manager, Economic Analysis Branch-Cross Modal Division

Department of Homeland Security

Transportation Security Administration

Office of Security Policy and Industry Engagement, TSA-28, HQ, E10, 601 South 12th Street, Arlington, VA 20598-6028

Arlington , VA 20598-6028 

Phone: 571 227-3329

E-Mail: monica.grasso@tsa.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, HQ, E12, 601 South 12th Street, Arlington, VA 20598-6002

Arlington , VA 20598-6002 

Phone: 571 227-3596

E-Mail: traci.klemm@tsa.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 (73 FR 64790), 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. After considering comments received on the NPRM and sponsoring public meetings with stakeholders, TSA decided

to revise the original proposal to tailor security requirements to the general aviation industry. TSA is preparing a supplemental

NPRM (SNPRM), which will include a comment period for public comments. TSA is considering the following proposed

provisions in the SNPRM: (1) security measures for foreign aircraft operators commensurate with measures for U.S. operators,

(2) the type of aircraft subject to TSA regulation, (3) compliance oversight, (4) watch list matching of passengers, (5) prohibited

items, (6) scope of the background check requirements and the procedures used to implement the requirement, and (7) other

issues.

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

Timetable:

92

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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 12/18/2008 73 FR 77045 

NPRM Comment Period End 12/29/2008 

NPRM Extended Comment Period End 02/27/2009 

Supplemental NPRM 08/00/2014 

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.

Public Comment URL: www.regulations.gov

Related RINs: Related to 1652-AA03; Related to 1652-AA04

Agency Contact: Kerwin Wilson 

Acting Assistant General Manager, General Aviation Security

Department of Homeland Security

Transportation Security Administration

Office of Security Policy and Industry Engagement, TSA-28, HQ, E, 601 South 12th Street, Arlington, VA 20598-6028

Arlington , VA 20598-6028 

Phone: 571 227-3788

E-Mail: kerwin.wilson@tsa.dhs.gov

Agency Contact: Monica Grasso Ph.D.

Manager, Economic Analysis Branch-Cross Modal Division

Department of Homeland Security

Transportation Security Administration

Office of Security Policy and Industry Engagement, TSA-28, HQ, E10, 601 South 12th Street, Arlington, VA 20598-6028

Arlington , VA 20598-6028 

Phone: 571 227-3329

E-Mail: monica.grasso@tsa.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, 601 South 12th Street, Arlington, VA 20598-6002

Arlington , VA 20598-6002 

Phone: 571 227-3443

FAX: 571 227-1381

E-Mail: denise.daniels@tsa.dhs.gov

Department of Homeland Security (DHS) 

Transportation Security Administration ( TSA ) RIN: 1652-AA55

 View Related Documents

Title: Security Training for Surface Mode Employees

Abstract: The Transportation Security Administration (TSA) intends to propose a new regulation to address the security of

freight railroads, public transportation, passenger railroads, and over-the-road buses in accordance with the Implementing

Recommendations of the 9/11 Commission Act of 2007 (9/11 Act). As required by the 9/11 Act, the rulemaking will propose that

certain railroads, public transportation agencies, and over-the-road bus companies provide security training to their frontline

employees in the areas of security awareness, operational security, incident prevention and response, and security exercises

that test effectiveness of training. The rulemaking will also propose extending 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 and over-the-road buses. The regulation will take into consideration any current security training

requirements or best practices.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Yes 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 ) 

93

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Legal Authority: 49 USC 114; PL 110-53, secs 1408, 1517, and 1534

Legal Deadline: According to sec. 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. According to sec. 1517 of

the same Act, final regulations for railroads and over-the-road buses are due no later than 6 months after the date of

enactment.

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: Employee training is an important and effective tool for averting or mitigating potential terrorist attacks by

terrorists or others with malicious intent who may target surface transportation and plan or perpetrate actions that may cause

significant injuries, loss of life, or economic disruption.

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 has not quantified benefits. TSA, however, expects that the primary benefit of the Security Training

NPRM will be the enhancement of the United States surface transportation security by reducing the vulnerability of surface

mode transportation employees.

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 08/00/2014 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Local

Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Related RINs: Related to 1652-AA56; Merge with 1652-

AA57; Merge with 1652-AA59

Agency Contact: Chandru (Jack) Kalro 

Deputy Director, Surface Division

Department of Homeland Security

Transportation Security Administration

Office of Security Policy and Industry Engagement, TSA-28, HQ, E, 601 South 12th Street, Arlington, VA 20598-6028

Arlington , VA 20598-6028 

Phone: 571 227-1145

FAX: 571 227-2935

E-Mail: jack.kalro@tsa.dhs.gov

Agency Contact: Monica Grasso Ph.D.

Manager, Economic Analysis Branch-Cross Modal Division

Department of Homeland Security

Transportation Security Administration

Office of Security Policy and Industry Engagement, TSA-28, HQ, E10, 601 South 12th Street, Arlington, VA 20598-6028

Arlington , VA 20598-6028 

Phone: 571 227-3329

E-Mail: monica.grasso@tsa.dhs.gov

Agency Contact: David Kasminoff 

Senior Counsel, Regulations and Security Standards Division

Department of Homeland Security

Transportation Security Administration

Office of the Chief Counsel, TSA-2, HQ, E12, 601 South 12th Street, Arlington, VA 20598-6002

Arlington , VA 20598-6002 

Phone: 571 227-3583

94

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FAX: 571 227-1378

E-Mail: david.kasminoff@tsa.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, HQ, E12, 601 South 12th Street, Arlington, VA 20598-6002

Arlington , VA 20598-6002 

Phone: 571 227-3596

E-Mail: traci.klemm@tsa.dhs.gov

Department of Homeland Security (DHS) 

Transportation Security Administration ( TSA ) RIN: 1652-AA56

 View Related Documents

Title: Freight Railroads and Passenger Railroads--Vulnerability Assessment and Security Plan

Abstract: The Transportation Security Administration (TSA) will propose a new regulation to address the security of freight

railroads and passenger railroads in accordance with the Implementing Recommendations of the 9/11 Commission Act of 2007

(9/11 Act). As required by the 9/11 Act, the rulemaking will propose requirements for vulnerability assessments and security

plans for owner/operators of higher-risk 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: No

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: This rulemaking will enhance transportation security by identifying higher-risk railroads, reducing their

vulnerability to terrorist attacks, and increasing their ability to respond should an incident occur. The purpose of this proposed

rule is to implement consistent standards for developing effective security plans to mitigate identified vulnerabilities and seek to

solidify a standard of security measures for higher-risk freight and passenger railroads.

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 addressing any vulnerabilities of critical assets and infrastructure and solidifying

a baseline of security planning that would help target resources and mitigation strategies toward security gaps in an

owner/operator's specific freight or passenger railroad operation.

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

NPRM 09/00/2014 

95

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Local

Federalism: Undetermined

Energy Affected: No

Public Comment URL: www.regulations.gov

Related RINs: Related to 1652-AA55; Merge with 1652-

AA58; Merge with 1652-AA60

Agency Contact: Chandru (Jack) Kalro 

Deputy Director, Surface Division

Department of Homeland Security

Transportation Security Administration

Office of Security Policy and Industry Engagement, TSA-28, HQ, E, 601 South 12th Street, Arlington, VA 20598-6028

Arlington , VA 20598-6028 

Phone: 571 227-1145

FAX: 571 227-2935

E-Mail: jack.kalro@tsa.dhs.gov

Agency Contact: Monica Grasso Ph.D.

Manager, Economic Analysis Branch-Cross Modal Division

Department of Homeland Security

Transportation Security Administration

Office of Security Policy and Industry Engagement, TSA-28, HQ, E10, 601 South 12th Street, Arlington, VA 20598-6028

Arlington , VA 20598-6028 

Phone: 571 227-3329

E-Mail: monica.grasso@tsa.dhs.gov

Agency Contact: David Kasminoff 

Senior Counsel, Regulations and Security Standards Division

Department of Homeland Security

Transportation Security Administration

Office of the Chief Counsel, TSA-2, HQ, E12, 601 South 12th Street, Arlington, VA 20598-6002

Arlington , VA 20598-6002 

Phone: 571 227-3583

FAX: 571 227-1378

E-Mail: david.kasminoff@tsa.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, HQ, E12, 601 South 12th Street, Arlington, VA 20598-6002

Arlington , VA 20598-6002 

Phone: 571 227-3596

E-Mail: traci.klemm@tsa.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) intends to 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. The scope of the rulemaking will include transportation workers from all modes of transportation who are required

to undergo an STA, including surface maritime and aviation workers. In accordance with the Implementing Recommendations of

the 9/11 Commission Act of 2007 (9/11 Act), the notice of proposed rulemaking (NPRM) will address STAs for frontline

employees for public transportation agencies and railroads. In addition, TSA will propose fees to cover the cost of all STAs. 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: Yes Unfunded Mandates: Undetermined

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

96

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Legal Authority: 49 USC 114, 5103A, 44903 and 44936; 46 USC 70105; 6 USC 469; PL 110-53, secs 1411, 1414, 1520,

1522 and 1602

Legal Deadline: None

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 reduce reliance on appropriations for certain vetting services; minimize redundant background checks; and increase

transportation security by enhancing identification and immigration verification standards.

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 assess security in all modes of transportation and minimize threats to national

and transportation security. TSA is required to vet certain aviation workers pursuant to 49 U.S.C. 44903 and 44936. TSA is

required to vet individuals with unescorted access to maritime facilities pursuant to 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. Pursuant to 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) for

commercial drivers licensed 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 in the field of transportation through user fees.

Alternatives: TSA considered a number of viable alternatives to lessen the impact of the proposed regulations 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 for applicants to receive

credentials through the mail rather than returning to the enrollment center. These alternatives are discussed in detail in the

proposed 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 benefits of the NPRM are that it would reduce reliance on appropriations to cover

certain vetting services; improve security by requiring new and enhanced vetting; reduce the need for redundant background

checks; and improve TSA's vetting product, process, and structure. TSA estimates that the NPRM would result in a cost

savings to the alien flight student program. The estimated total savings for alien flight students, over a 5-year period is

approximately $18 million at 7 percent discount rate.

Risks:

Timetable:

Action Date FR Cite

NPRM 08/00/2014 

Additional Information: Includes Retrospective Review under E.O. 13563.

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Undetermined

Federalism: Undetermined

Energy Affected: No

Public Comment URL: www.regulations.gov

Related RINs: Related to 1652-AA35

Agency Contact: Hao-y Tran Froemling 

Acting Director, Program Management Division

Department of Homeland Security

Transportation Security Administration

Office of Intelligence and Analysis, TSA-10, HQ, E6 , 601 South 12th Street, Arlington, VA 20598-6010

Arlington , VA 20598-6010 

Phone: 571 227-2782

E-Mail: haoy.froemling@tsa.dhs.gov

Agency Contact: Monica Grasso Ph.D.

Manager, Economic Analysis Branch-Cross Modal Division

Department of Homeland Security

Transportation Security Administration

Office of Security Policy and Industry Engagement, TSA-28, HQ, E10, 601 South 12th Street, Arlington, VA 20598-6028

Arlington , VA 20598-6028 

Phone: 571 227-3329

E-Mail: monica.grasso@tsa.dhs.gov

Agency Contact: John Vergelli 

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Attorney, Regulations and Security Standards Division

Department of Homeland Security

Transportation Security Administration

DHS, TSA, Office of the Chief Counsel, TSA-2, HQ, E12, 601 South 12th Street, Arlington, VA 20598-6002

Arlington , VA 20598-6002 

Phone: 571 227-4416

FAX: 571 227-1378

E-Mail: john.vergelli@tsa.dhs.gov

Department of Homeland Security (DHS) 

Transportation Security Administration ( TSA ) RIN: 1652-AA38

 View Related Documents

Title: Aircraft Repair Station Security

Abstract: Pursuant to the requirements of section 611 of Vision 100--Century of Aviation Reauthorization Act and section 1616

of the 9/11 Commission Act of 2007, the Transportation Security Administration (TSA) is developing a regulation to improve the

security of domestic and foreign aircraft repair stations. TSA published a notice of proposed rulemaking (NPRM) on November

18, 2009, and requested public comment by January 19, 2010. At the request of the stakeholders, TSA extended the comment

period to February 19, 2010; this provided the aviation industry and other interested entities and individuals additional time to

submit comments. The NPRM proposed to require certain repair stations that are certificated by the Federal Aviation

Administration (FAA) to adopt and carry out a security program. TSA is working on a final rule that would finalize this rulemaking

project. Throughout the development of this rulemaking, TSA has coordinated its efforts with the FAA to ensure that the

rulemaking 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 that 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) proposed regulations to improve the security of

domestic and foreign aircraft repair stations. The NPRM proposed to require certain repair stations that are certificated by the

Federal Aviation Administration to adopt and carry out a security program. The NPRM proposed to 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 that TSA 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 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: In the NPRM, TSA anticipated costs to aircraft repair stations mainly related to the establishment of

security programs. The NPRM estimated total cost of the program is $344.4 million (10-year, undiscounted) and $241 million

(discounted at 7 percent). 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 also used a breakeven analysis to assess the trade-off between the beneficial effects and the costs of implementing the rulemaking. The NPRM

break-even analysis used three attack scenarios to determine the degree to which the rule must reduce the overall risk of a

terrorist attack in order for the expected benefits to justify the estimated rule costs. TSA is revising the NPRM costs and benefits

estimates for the final rule.

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. In the regulation, TSA will focus on preventing unauthorized access to repair

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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 11/00/2013 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Agency Contact: Shawn Gallagher 

Regional Security Inspector, Compliance Programs, Repair Stations

Department of Homeland Security

Transportation Security Administration

Office of Security Operations, TSA-29, HQ, E5, 601 South 12th Street, Arlington, VA 20598-6029

Arlington , VA 20598-6029 

Phone: 571 227-4005

E-Mail: shawn.gallagher@tsa.dhs.gov

Agency Contact: Monica Grasso Ph.D.

Manager, Economic Analysis Branch-Cross Modal Division

Department of Homeland Security

Transportation Security Administration

Office of Security Policy and Industry Engagement, TSA-28, HQ, E10, 601 South 12th Street, Arlington, VA 20598-6028

Arlington , VA 20598-6028 

Phone: 571 227-3329

E-Mail: monica.grasso@tsa.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, 601 South 12th Street, Arlington, VA 20598-6002

Arlington , VA 20598-6002 

Phone: 571 227-2675

FAX: 571 227-1381

E-Mail: linda.kent@tsa.dhs.gov

Department of Homeland Security (DHS) 

Transportation Security Administration ( TSA ) RIN: 1652-AA67

 View Related Documents

Title: Passenger Screening Using Advanced Imaging Technology

Abstract: The Transportation Security Administration (TSA) intends to issue a final rule to address whether screening and

inspection of an individual, conducted to control access to the sterile area of an airport or to an aircraft, may include the use of

advanced imaging technology (AIT). The NPRM was published on March 26, 2012, to comply with the decision rendered by the

U.S. Court of Appeals for the District of Columbia Circuit in Electronic Privacy Information Center (EPIC) v. U.S. Department of

Homeland Security on July 15, 2011. 653 F.3d 1 (D.C. Cir. 2011). The Court directed TSA to conduct notice and comment

rulemaking on the use of AIT in the primary screening of passengers.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 49 CFR 1540.107 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 49 USC 44925

Legal Deadline: None

Regulatory Plan:

Statement of Need: TSA is issuing a final rule to respond to the decision of the U.S. Court of Appeals for the District of

Columbia Circuit in EPIC v. DHS 653 F.3d 1 (D.C. Cir. 2011).

Legal Basis: In its decision in EPIC v. DHS 653 F.3d 1 (D.C. Cir. 2011), the Court of Appeals for the District of Columbia

99

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Circuit found that TSA failed to justify its failure to conduct notice and comment rulemaking and remanded to TSA for further

proceedings.

Alternatives: As alternatives to the preferred regulatory proposal presented in the NPRM, TSA examined three other options.

These alternatives include a continuation of the screening environment prior to 2008 (no action), increased use of physical patdown searches that supplements primary screening with walk through metal detectors (WTMDs), and increased use of

explosive trace detection (ETD) screening that supplements primary screening with WTMDs. These alternatives, and the

reasons why TSA rejected them in favor of the proposed rule, are discussed in detail in Chapter 3 of the AIT NPRM Regulatory

Evaluation.

Costs and Benefits: TSA reports that the net cost of AIT deployment from 2008–2011 has been $841.2 million

(undiscounted) and that TSA has borne over 99 percent of all costs related to AIT deployment. TSA projects that from 2012–

2015 net AIT related costs will be approximately $1.5 billion (undiscounted), $1.4 billion at a three percent discount rate, and

$1.3 billion at a seven percent discount rate. During 2012–2015, TSA estimates it will also incur over 98 percent of AIT-related

costs with equipment and personnel costs being the largest categories of expenditures. The operations described in this rule

produce benefits by reducing security risks through the deployment of AIT that is capable of detecting both metallic and nonmetallic weapons and explosives. Terrorists continue to test our security measures in an attempt to find and exploit

vulnerabilities. The threat to aviation security has evolved to include the use of non-metallic explosives. AIT is a proven

technology based on laboratory testing and field experience and is an essential component of TSA's security screening because

it provides the best opportunity to detect metallic and nonmetallic anomalies concealed under clothing.

Risks: DHS aims to prevent terrorist attacks and to reduce the vulnerability of the United States to terrorism. By screening

passengers with AIT, TSA will reduce the risk that a terrorist will smuggle a non-metallic threat on board an aircraft.

Timetable:

Action Date FR Cite

NPRM 03/26/2013 78 FR 18287 

NPRM Comment Period End 06/24/2013 

Final Rule 09/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Agency Contact: Chawanna Carrington 

Project Manager, Passenger Screening Program

Department of Homeland Security

Transportation Security Administration

Office of Security Capabilities, TSA-16, HQ, 601 South 12th Street, Arlington, VA 20598-6016

Arlington , VA 20598-6016 

Phone: 571 227-2958

FAX: 571 227-1931

E-Mail: chawanna.carrington@tsa.dhs.gov

Agency Contact: Monica Grasso Ph.D.

Manager, Economic Analysis Branch-Cross Modal Division

Department of Homeland Security

Transportation Security Administration

Office of Security Policy and Industry Engagement, TSA-28, HQ, E10, 601 South 12th Street, Arlington, VA 20598-6028

Arlington , VA 20598-6028 

Phone: 571 227-3329

E-Mail: monica.grasso@tsa.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, 601 South 12th Street, Arlington, VA 20598-6002

Arlington , VA 20598-6002 

Phone: 571 227-2675

FAX: 571 227-1381

E-Mail: linda.kent@tsa.dhs.gov

Department of Homeland Security (DHS) 

Transportation Security Administration ( TSA ) RIN: 1652-AA08

 View Related Documents

Title: Protection of Sensitive Security Information (SSI)

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Abstract: The Transportation Security Administration (TSA) will issue a rulemaking document responding to comments received

on the interim final rule (IFR) issued May 18, 2004. 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 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 

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

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

Related RINs: Related to 1652-AA05; Related to 1652-AA49 Related Agencies: Joint: DOT; Joint: OST

Agency Contact: Sarah Innes 

Senior Policy Advisor (Acting), Sensitive Security Information (SSI) Program

Department of Homeland Security

Transportation Security Administration

Office of Security Services and Assessments, OLE/FAMS, TSA-31, HQ, E11-224S, 601 South 12th Street, Arlington, VA 20598-

6031

Arlington , VA 20598-6031 

Phone: 571 227-3513

E-Mail: ssi@tsa.dhs.gov

Agency Contact: Monica Grasso Ph.D.

Manager, Economic Analysis Branch-Cross Modal Division

Department of Homeland Security

Transportation Security Administration

Office of Security Policy and Industry Engagement, TSA-28, HQ, E10, 601 South 12th Street, Arlington, VA 20598-6028

Arlington , VA 20598-6028 

Phone: 571 227-3329

E-Mail: monica.grasso@tsa.dhs.gov

Agency Contact: Amy Steiner 

Attorney, Regulations and Security Standards Division

Department of Homeland Security

Transportation Security Administration

Office of the Chief Counsel, TSA-2, HQ, E12, 601 South 12th Street, Arlington, VA 20598-6002

Arlington , VA 20598-6002 

Phone: 571 227-1536

FAX: 571 227-1380

E-Mail: amy.steiner@tsa.dhs.gov

Department of Homeland Security (DHS) 

Transportation Security Administration ( TSA ) RIN: 1652-AA35

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 View Related Documents

Title: Flight Training for Aliens and Other Designated Individuals; Security Awareness Training for Flight School Employees

Abstract: The interim final rule (IFR) was published and effective 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 for or receive flight training. After comments were received, exemptions and interpretations were issued.

The Transportation Security Administration (TSA) also issued a notice on April 13, 2009, that prescribes fees for processing

requests from alien flight students who take recurrent training. In the IFR, 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 for

security awareness training for certain flight school employees.

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 the Transportation Security Administration (TSA) to establish a process to implement the

requirements of section 612(a) 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(a) 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; Request for Comments 09/20/2004 69 FR 56324 

Interim Final Rule Effective 09/20/2004 

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 

Notice-Information Collection; 60-Day Renewal 09/21/2011 76 FR 58531 

Notice-Information Collection; 30-Day Renewal 01/31/2012 77 FR 4822 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Related RINs: Related to 1652-AA61

Agency Contact: Vincent L. Vetere Jr.

Program Manager, Alien Flight Student Program

Department of Homeland Security

Transportation Security Administration

Office of Intelligence and Analysis, TSA-10, HQ, E10, 601 South 12th Street, Arlington, VA 20598-6010

Arlington , VA 20598-6010 

Phone: 571 227-4531

E-Mail: vincent.vetere@tsa.dhs.gov

Agency Contact: Chang Ellison 

Acting Branch Chief, Aviation

Department of Homeland Security

Transportation Security Administration

Office of Intelligence and Analysis, TSA-10, HQ, E10, 601 South 12th Street, Arlington, VA 20598-6010

Arlington , VA 20598-6010 

Phone: 571 227-3604

FAX: 571 227-1903

E-Mail: chang.ellison@tsa.dhs.gov

Agency Contact: Monica Grasso Ph.D.

Manager, Economic Analysis Branch-Cross Modal Division

Department of Homeland Security

Transportation Security Administration

Office of Security Policy and Industry Engagement, TSA-28, HQ, E10, 601 South 12th Street, Arlington, VA 20598-6028

Arlington , VA 20598-6028 

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Phone: 571 227-3329 

E-Mail: monica.grasso@tsa.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, 601 South 12th Street, Arlington, VA 20598-6002

Arlington , VA 20598-6002 

Phone: 571 227-3443

FAX: 571 227-1381

E-Mail: denise.daniels@tsa.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: The 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 (GA), in title 49 of the Code of Federal Regulations (CFR). TSA plans to take

final action on the interim final rule to respond to the public comments and close out this rulemaking. The IFR restores access

to Ronald Reagan Washington National Airport (DCA) 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 on August 18, 2005, 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 GA 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 

Notice--Information Collection; 30-Day Renewal 12/29/2008 73 FR 79499 

Notice--Information Collection; 60-Day Renewal 02/29/2012 77 FR 12321 

Notice--Information Collection; 30-Day Renewal 04/27/2012 77 FR 25188 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: Business; Organizations Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Related RINs: Related to 1652-AA08

Agency Contact: Kerwin Wilson 

Acting Assistant General Manager, General Aviation Security

Department of Homeland Security

Transportation Security Administration

Office of Security Policy and Industry Engagement, TSA-28, HQ, E, 601 South 12th Street, Arlington, VA 20598-6028

Arlington , VA 20598-6028 

Phone: 571 227-3788

E-Mail: kerwin.wilson@tsa.dhs.gov

Agency Contact: Monica Grasso Ph.D.

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Manager, Economic Analysis Branch-Cross Modal Division

Department of Homeland Security

Transportation Security Administration

Office of Security Policy and Industry Engagement, TSA-28, HQ, E10, 601 South 12th Street, Arlington, VA 20598-6028

Arlington , VA 20598-6028 

Phone: 571 227-3329

E-Mail: monica.grasso@tsa.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, 601 South 12th Street, Arlington, VA 20598-6002

Arlington , VA 20598-6002 

Phone: 571 227-3443

FAX: 571 227-1381

E-Mail: denise.daniels@tsa.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: The 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. The 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

Public Comment URL: www.regulations.gov

Related RINs: Related to 1652-AA16

Agency Contact: Monica Grasso Ph.D.

Manager, Economic Analysis Branch-Cross Modal Division

Department of Homeland Security

Transportation Security Administration

Office of Security Policy and Industry Engagement, TSA-28, HQ, E10, 601 South 12th Street, Arlington, VA 20598-6028

Arlington , VA 20598-6028 

Phone: 571 227-3329

E-Mail: monica.grasso@tsa.dhs.gov

Agency Contact: John Vergelli 

Attorney, Regulations and Security Standards Division

Department of Homeland Security

Transportation Security Administration

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DHS, TSA, Office of the Chief Counsel, TSA-2, HQ, E12, 601 South 12th Street, Arlington, VA 20598-6002

Arlington , VA 20598-6002 

Phone: 571 227-4416

FAX: 571 227-1378

E-Mail: john.vergelli@tsa.dhs.gov

Department of Homeland Security (DHS) 

U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA44

 View Related Documents

Title: Amendment to Accommodate Process Changes with SEVIS II Implementation

Abstract: This proposed rule will incorporate language supporting a major reprogramming of SEVIS, known as SEVIS II,

including setup and use of DHS accounts for F/M/J nonimmigrants, designated school officials (DSOs) and responsible officers

(ROs); requirements for DSO training, electronic signatures; limited new reporting responsibilities; and a variety of

miscellaneous system-related clarifications.

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 09/00/2014 

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: Katherine H. Westerlund 

Acting Unit 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., STOP 5600, Washington, DC 20536-5600

Washington , DC 20536-5600 

Phone: 703 603-3414

E-Mail: katherine.h.westerlund@ice.dhs.gov

Department of Homeland Security (DHS) 

U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA63

 View Related Documents

Title: Adjustments to Limitations on Designated School Official Assignment and Study By F-2 and M-2 Nonimmigrants

Abstract: The proposed rule would revise 8 CFR parts 214.2 and 214.3. First, it would provide additional flexibility to schools in

determining the number of designated school officials (DSOs) to nominate for the oversight of the school's campuses where

international students are enrolled. Current regulation limits the number of DSOs to 10 per school, or 10 per campus in a multicampus school. Second, the proposed rule would permit F-2 and M-2 spouses and children accompanying academic and

vocational nonimmigrant students with F-1 or M-1 nonimmigrant status to enroll in study at an SEVP-certified school so long as

any study remains less than a full course of study.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 214.2(f)(15); 8 CFR 214.3(a); 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

Regulatory Plan:

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Statement of Need: The Department of Homeland Security proposes to amend its regulations under the Student and

Exchange Visitor Program to improve management of international student programs and increase opportunities for study by

spouses and children of nonimmigrant students. The proposed rule would grant school officials more flexibility in determining the

number of designated school officials (DSOs) to nominate for the oversight of campuses. The rule also would provide greater

incentive for international students to study in the United States by permitting accompanying spouses and children of academic

and vocational nonimmigrant students with F-1 or M-1 nonimmigrant status to enroll in less than a full course of study at an

SEVP-certified school.

Legal Basis:

Alternatives:

Costs and Benefits: The anticipated costs of the NPRM derive from the existing requirements for the training and reporting to

DHS of additional DSOs. The primary benefits of the NPRM are providing flexibility to schools in the number of DSOs allowed

and providing greater incentive for international students to study in the United States by permitting accompanying spouses and

children of academic and vocational nonimmigrant students in F-1 or M-1 status to enroll in study at a SEVP-certified school so

long as they are not engaged in a full course of study.

Risks:

Timetable:

Action Date FR Cite

NPRM 11/00/2013 

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: Previously Reported as 1615-AA19

Agency Contact: Katherine H. Westerlund 

Acting Unit 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., STOP 5600, Washington, DC 20536-5600

Washington , DC 20536-5600 

Phone: 703 603-3414

E-Mail: katherine.h.westerlund@ice.dhs.gov

Department of Homeland Security (DHS) 

U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA64

 View Related Documents

Title: Optional Practical Training for F-1 Nonimmigrant Students With Prior STEM Degrees

Abstract: Through this change in regulation, the Department of Homeland Security proposes to enable F-1 nonimmigrant

students on post-completion optional practical training (OPT) to qualify for the 17-month extension based on either a prior

STEM (science, technology, engineering, or mathematics) degree or the most recent degree granted if in a STEM field.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 8 CFR 214.2(f) (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101; 8 USC 1102

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2014 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Agency Contact: Katherine H. Westerlund 

Acting Unit 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., STOP 5600, Washington, DC 20536-5600

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Washington , DC 20536-5600 

Phone: 703 603-3414

E-Mail: katherine.h.westerlund@ice.dhs.gov

Department of Homeland Security (DHS) 

U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA66

 View Related Documents

Title: New Treasury Determination of Interest Rate for Cash Deposits to Secure Immigration Bonds

Abstract: The Department proposes to amend its regulations at 8 CFR part 293 addressing the payment of interest on cash

bond deposits to explicitly authorize the Department of the Treasury to set the interest rate directly. This action is consistent with

Treasury's statutory authority.

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

Major: Undetermined Unfunded Mandates: No

CFR Citation: 8 CFR 293 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1363

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/28/2013 78 FR 64183 

NPRM Comment Period End 12/27/2013 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Agency Contact: Beth Cook 

Associate Legal Advisor

Department of Homeland Security

U.S. Immigration and Customs Enforcement

166 Sycamore Street, Suite 200, Williston, VT 05495

Williston , VT 05495 

Phone: 802 288-7742

E-Mail: beth.cook@ice.dhs.gov

Department of Homeland Security (DHS) 

U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA67

 View Related Documents

Title: Procedures for Declining To Accept Immigration Bonds Underwritten by Treasury-Certified Surety Companies and Their

Agents Acting as Co-Obligors

Abstract: The Department proposes to amend 8 CFR 103.6 to set forth standards and procedures ICE will follow before

making a determination to stop accepting immigration bonds posted by a surety company that has been certified to issue bonds

by the Department of the Treasury or by an agent acting as a co-obligor with the surety. On March 17, 2011, Treasury

published a proposed rule, Surety Companies Doing Business with the United States, that would amend 31 CFR part 223. See

76 FR 15692-02. This proposed rule would grant agencies the authority to decline bonds from a Treasury-certified surety for

cause, such as when the surety owes unpaid, administratively-final bond debts to the Agency. When Treasury's proposed rule is

final, the Department intends to publish a proposed rule allowing ICE to decline additional immigration bonds from surety

companies and/or their agents when they have failed to pay administratively-final debts or have an unacceptably high breach

rate. The rule would include due process protections for the companies such as advance written notice of the Agency's intention

to decline future bonds, an explanation of the reasons supporting the proposed non-acceptance of the bonds, an opportunity to

respond, and an opportunity to cure the defects. This action would include provisions similar to those in withdrawn actions 1653-

AA20 and 1653-AA45.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 8 CFR 103.6 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1103

Legal Deadline: None

Timetable:

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Action Date FR Cite

NPRM 09/00/2014 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Agency Contact: Beth Cook 

Associate Legal Advisor

Department of Homeland Security

U.S. Immigration and Customs Enforcement

166 Sycamore Street, Suite 200, Williston, VT 05495

Williston , VT 05495 

Phone: 802 288-7742

E-Mail: beth.cook@ice.dhs.gov

Department of Homeland Security (DHS) 

U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA68

 View Related Documents

Title: Classification and Clarification of Form I-9 Substantive and Technical or Procedural Paperwork Failures and Violations

Abstract: The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE) proposes to amend

its regulations to classify and clarify certain Form I-9, Employment Eligibility Verification (Form I-9) paperwork failures and

violations set forth in the good faith compliance provision of section 411 of the Illegal Immigration Reform and Immigrant

Responsibility Act of 1996 (IIRIRA), Public Law 104-208. This proposed rule would define a substantive violation, and a

technical or procedural failure. The proposed rule further would revise the current DHS regulations that delineate the

circumstances in which an employer may be subject to penalties for substantive violations, or may not be subject to penalties for

technical or procedural failures, due to the good faith compliance provision when completing the Form I-9 regardless of the

method of creation, retention, and storage of the Form I-9.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: Undetermined

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

NPRM 03/00/2014 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal

Federalism: No

Agency Contact: Rachel Ross 

Section Chief

Department of Homeland Security

U.S. Immigration and Customs Enforcement

Potomac Center North, 500 12th Street SW., Washington, DC 20024

Washington , DC 20024 

Phone: 703 603-3651

E-Mail: rachel.ross@ice.dhs.gov

Department of Homeland Security (DHS) 

U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA70

 View Related Documents

Title: Strengthening Oversight of F and M Nonimmigrant Students and Schools Certified to Enroll Them

Abstract: The Department of Homeland Security (DHS) proposes to improve the capability of the Student and Exchange Visitor

Program (SEVP) to oversee F and M students and designated school officials at schools certified to enroll them. To improve

program oversight, DHS plans to institute new requirements for designated school officials (DSOs) to receive approval to serve

as a DSO, and also to require online training for DSOs to ensure they are aware of the requirements of their role as a DSO. In

addition, DHS may propose to require F and M nonimmigrant students engaging in flight training classes incident to their F and

M status to report such training to their DSO. Improved oversight would help identify non-compliance with DHS requirements

within these groups and better enable prevention of or intervention in potential criminal activities or threats to national security.

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 8 CFR 214.2(f)(6); 8 CFR 214.2(m)(9); 8 CFR 214.3; 8 CFR 214.4 (To search for a specific CFR, visit the Code

of Federal Regulations ) 

Legal Authority: 8 USC 1101(a)(15)(F); 8 USC 1101(a)(15)(M); 8 USC 1103

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2014 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Katherine H. Westerlund 

Acting Unit 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., STOP 5600, Washington, DC 20536-5600

Washington , DC 20536-5600 

Phone: 703 603-3414

E-Mail: katherine.h.westerlund@ice.dhs.gov

Department of Homeland Security (DHS) 

U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA65

 View Related Documents

Title: Standards To Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities

Abstract: The Department of Homeland Security (DHS) proposes to issue final regulations setting detention standards to

prevent, detect, and respond to sexual abuse and assault in DHS confinement facilities. These regulations address and respond

to public comments received on the notice of proposed rulemaking published December 19, 2012, at 77 FR 75300.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 6 CFR 115 (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 1103; 8 USC 1182; ...

Legal Deadline: VAWA Reauthorization Act

Action Source Description Date

Other Statutory VAWA Reauthorization Act 09/03/2013 

Regulatory Plan:

Statement of Need: The purpose of this rulemaking is to finalize regulations setting standards to prevent, detect, and respond

to sexual abuse in Department of Homeland Security (DHS) confinement facilities. The standards build on current U.S.

Immigration and Customs Enforcement (ICE) Performance Based National Detention Standards (PBNDS) and other DHS

detention policies. Also, this rulemaking is a response to the President's May 17, 2012 Memorandum, "Implementing the Prison

Rape Elimination Act," which directs all agencies with Federal confinement facilities to propose rules or procedures setting

standards to prevent, detect, and respond to sexual abuse in confinement facilities. In addition, the Violence Against Women

Reauthorization Act of 2013 requires DHS to publish a final rule adopting national standards for the detection, prevention,

reduction, and punishment of rape and sexual assault in immigration detention and holding facilities. See Public Law 113-4

(Mar. 7, 2013).

Legal Basis:

Alternatives:

Costs and Benefits: The final rule will impose standards to prevent, detect, and respond to sexual abuse and assault in DHS

confinement facilities. These facilities consist of immigration detention facilities and holding facilities. The standards will impose

new requirements for some facilities and codify current requirements for other facilities. Such standards will require Federal,

State, and local agencies, as well as private entities that operate confinement facilities, to incur costs in implementing and

complying with those standards. The primary benefit of the rule will be improvements to the prevention, detection, and response

to sexual abuse and assault. DHS will follow DOJ methodology for monetizing the value of preventing sexual abuse incidents,

which includes consideration for costs of medical and mental health care treatment as well as pain, suffering, and diminished

quality of life, among other factors. DHS will use a break-even analysis to assess the trade-off between the beneficial effects of

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
the regulation and the costs of implementing the rule. The break-even analysis uses the monetized estimates of incidents

avoided to determine the degree to which the regulation must reduce the annual incidence of sexual abuse for the costs of

compliance to break even with the monetized benefits of the standards. This does not include non-monetizable benefits of

sexual abuse avoidance. The rule will include a Regulatory Impact Assessment.

Risks:

Timetable:

Action Date FR Cite

NPRM 12/19/2012 77 FR 75300 

NPRM Comment Period Extended 02/07/2013 78 FR 8987 

NPRM Comment Period End 02/19/2013 

NPRM Extended Comment Period End 02/26/2013 

Final Action 11/00/2013 

Regulatory Flexibility Analysis Required: Governmental

Jurisdictions Government Levels Affected: Federal; Local; State

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

Washington , DC 20536 

Phone: 202 732-6202

E-Mail: alexander.hartman@ice.dhs.gov

Department of Homeland Security (DHS) 

U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA69

 View Related Documents

Title: Rescinding Suspension of Enrollment for Certain F and M Nonimmigrant Students from Libya and Third Country

Nationals Acting on Behalf of Libyan Entities

Abstract: The Department of Homeland Security (DHS) is amending its regulations by rescinding the regulatory provisions

promulgated in 1983 that terminated the nonimmigrant status and barred the granting of certain immigration benefits to Libyan

nationals and foreign nationals acting on behalf of Libyan entities who are engaging in or seeking to obtain studies or training in

aviation maintenance, flight operations, or nuclear-related fields. The United States Government and the Government of Libya

have normalized their relationship and most of the restrictions and sanctions imposed by the United States and the United

Nations toward Libya have been lifted. Therefore, DHS, after consultation with the Department of State and the Department of

Defense, is considering rescinding the restrictions that deny nonimmigrant status and benefits to a specific group of Libyan

nationals.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 8 CFR 214.5 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101; 8 USC 1102; 8 USC 1103; 8 USC 1182; 8 USC 1184; 8 USC 1186a; 8 USC 1187; 8 USC

1221; 8 USC 1281; 8 USC 1282; 8 USC 1301 to 1305; 8 USC 1372; 48 USC 1806

Legal Deadline: None

Regulatory Plan:

Statement of Need: The Department of Homeland Security (DHS) will amend its regulations by rescinding the regulatory

provisions promulgated in 1983 that terminated the nonimmigrant status and barred the granting of certain immigration benefits

to Libyan nationals and foreign nationals acting on behalf of Libyan entities who are engaging in or seeking to obtain studies or

training in aviation maintenance, flight operations, or nuclear-related fields. The United States Government and the Government

of Libya have normalized their diplomatic relations and most of the restrictions and sanctions imposed by the United States and

the United Nations toward Libya have been lifted. Therefore, DHS, after consultation with the Department of State and the

Department of Defense, finds it necessary to rescind the restrictions that deny nonimmigrant status and benefits to a specific

group of Libyan nationals.

Legal Basis:

Alternatives:

Costs and Benefits: The regulatory action will rescind the regulation which prohibits Libyan nationals, or any other foreign

nationals acting on behalf of Libyan entities, from engaging in aviation maintenance, flight operation, or nuclear-related studies

110

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
or training in the United States. The rescission would permit DHS and other agencies of the U.S. government to provide

training and technical assistance in the justice, defense, and border security sectors to the new Libyan government. This will

contribute to the growing relationship between the two governments.

Risks:

Timetable:

Action Date FR Cite

Final Action 03/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Small Entities Affected: No Federalism: No

Energy Affected: Undetermined

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Katherine H. Westerlund 

Acting Unit 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., STOP 5600, Washington, DC 20536-5600

Washington , DC 20536-5600 

Phone: 703 603-3414

E-Mail: katherine.h.westerlund@ice.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 

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., Washington, DC 20536

Washington , DC 20536 

Phone: 202 732-6202

E-Mail: alexander.hartman@ice.dhs.gov

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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 affect 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

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: 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 1101 (note); 8 USC 1102; 8 USC 1103; 8 USC 1182 (note); 8 USC 1184; 8 USC 1185 (note); 8 USC

1187; 8 USC 1223; 8 USC 1225; 8 USC 1226; 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.

These changes will allow for expedited review of the post-order custody review process.

Risks:

Timetable:

Action Date FR Cite

Final Action 

Interim Final Rule 11/14/2001 66 FR 56967 

Interim Final Rule Comment Period End 01/14/2002 

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

Washington , DC 20536 

Phone: 202 732-6202

E-Mail: alexander.hartman@ice.dhs.gov

112

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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: Katherine H. Westerlund 

Acting Unit 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., STOP 5600, Washington, DC 20536-5600

Washington , DC 20536-5600 

Phone: 703 603-3414

E-Mail: katherine.h.westerlund@ice.dhs.gov

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

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

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Timetable:

Action Date FR Cite

Final Action 

Interim Final Rule 09/25/2002 67 FR 60107 

Interim Final Rule Effective 09/25/2002 

Interim Final Rule Comment Period End 11/25/2002 

Additional Information: CIS No. 2217-02 Transferred from RIN 1115-AG71

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: Katherine H. Westerlund 

Acting Unit 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., STOP 5600, Washington, DC 20536-5600

Washington , DC 20536-5600 

Phone: 703 603-3414

E-Mail: katherine.h.westerlund@ice.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

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: 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 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

Timetable:

Action Date FR Cite

Final Rule 

Interim Final Rule 04/08/2008 73 FR 18944 

Interim Final Rule Comment Period End 06/09/2008 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

RIN Information URL: www.dhs.gov/sevis/

Agency Contact: Katherine H. Westerlund 

Acting Unit 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., STOP 5600, Washington, DC 20536-5600

Washington , DC 20536-5600 

Phone: 703 603-3414

E-Mail: katherine.h.westerlund@ice.dhs.gov

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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 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, and clarify

the removal period time frame when an order of removal becomes administratively final before the alien comes into DHS

custody.

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

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 

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

Washington , DC 20536 

Phone: 202 732-6202

E-Mail: alexander.hartman@ice.dhs.gov

Department of Homeland Security (DHS) 

Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA80

 View Related Documents

Title: Hazard Mitigation Grant Program (HMGP); Program Administration By States

Abstract: The Federal Emergency Management Agency (FEMA) is seeking public comment on implementing a provision of the

Robert T. Stafford Disaster Relief and Emergency Assistance Act regarding State administration of the Hazard Mitigation Grant

Program (HMGP). The provision directs FEMA to establish criteria to delegate authority to States to administer HMGP. FEMA is

seeking input from the public to help inform the development of this new method of program delivery.

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Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: Undetermined Unfunded Mandates: Undetermined

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

Legal Authority: 42 USC 5170c(c)(2)

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 01/00/2014 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Energy Affected: Undetermined

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

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-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

Final Action 

NPRM 10/03/2013 78 FR 61227 

NPRM Comment Period End 12/02/2013 

Additional Information: Formerly 1660-AA33

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

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: William W. Roche 

Recovery Directorate

Department of Homeland Security

Federal Emergency Management Agency

500 C Street SW., Washington, DC 20472-3100

Washington , DC 20472-3100 

Phone: 202 212-2340

E-Mail: william.roche@fema.dhs.gov

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Department of Homeland Security (DHS) 

Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA75

 View Related Documents

Title: Debris Removal: Eligibility of Force Account Labor Straight-Time Costs Under the Public Assistance Program for

Hurricane Sandy

Abstract: The Fiscal Year 2007 Department of Homeland Security Appropriations Act authorized a Public Assistance Pilot

Program intended to reduce the costs to the Federal Government of providing assistance to States and local governments;

increase flexibility in the administration of assistance; and expedite the provision of assistance under the Robert T. Stafford

Disaster Relief and Emergency Assistance Act. Due to the current pressing need for efficient and timely recovery from a

catastrophic disaster event, Hurricane Sandy, which has cast widespread debris over a major portion of the eastern seaboard of

the United States, this rule implements one of the debris-related Public Assistance Pilot procedures: it allows for the

reimbursement of the straight- or regular time salaries and benefits of the employees of Public Assistance applicants who

perform disaster-related debris and wreckage removal work for any major disaster or emergency declared by the President on

or after October 27, 2012, in response to Hurricane Sandy.

Priority: Other Significant 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

Interim Final Rule 11/09/2012 77 FR 67285 

Interim Final Rule Comment Period End 01/08/2013 

Final Rule 04/00/2014 

Additional Information: Includes Retrospective Review under E.O. 13563. Docket ID FEMA-2012-0004.

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

Small Entities Affected: No Federalism: No

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

Agency Contact: William W. Roche 

Recovery Directorate

Department of Homeland Security

Federal Emergency Management Agency

500 C Street SW., Washington, DC 20472-3100

Washington , DC 20472-3100 

Phone: 202 212-2340

E-Mail: william.roche@fema.dhs.gov

Department of Homeland Security (DHS) 

Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA77

 View Related Documents

Title: Change in Submission Requirements for State Mitigation Plans

Abstract: This final rule would revise the Federal Emergency Management Agency (FEMA) Mitigation Planning regulations in

order to reduce the frequency of Standard State and Enhanced State Mitigation Plan updates by extending the update

requirement from 3 to 5 years.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 44 CFR 201 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 5165

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/01/2013 78 FR 13844 

NPRM Comment Period End 04/30/2013 

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Final Rule 01/00/2014 

Additional Information: Includes Retrospective Review under E.O. 13563. Docket ID FEMA-2012-0001.

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: No Federalism: No

Energy Affected: No

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

Agency Contact: Kathleen W. Smith 

Federal Insurance and Mitigation Administration

Department of Homeland Security

Federal Emergency Management Agency

1800 South Bell Street, Arlington, VA 20598-3030

Arlington , VA 20598-3030 

Phone: 202 646-4372

FAX: 202 646-2787

E-Mail: kathleen.smith2@fema.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

Next Action Undetermined

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

Arlington , VA 20598-3010 

Phone: 202 646-3429

FAX: 202 646-7970

E-Mail: edward.connor@fema.dhs.gov

Department of Homeland Security (DHS) 

Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA47

 View Related Documents

Title: Disaster Assistance; Public Assistance Repetitive Damage

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Abstract: The Disaster Mitigation Act of 2000 reduced the Federal cost share of Federal Emergency Management Agency

(FEMA) Public Assistance for public and certain private nonprofit facilities repetitively damaged in the preceding 10 years by the

same type of event and for which appropriate hazard mitigation had not been implemented. This final rule implements a reduced

Federal cost share to provide an incentive for applicants to mitigate repetitive damage, promote measures that reduce future

loss to life and property, protect Federal investment in public infrastructure, and help build resilient communities.

Priority: Other Significant 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

Next Action Undetermined

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: No Federalism: No

Energy Affected: No

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

Agency Contact: William W. Roche 

Recovery Directorate

Department of Homeland Security

Federal Emergency Management Agency

500 C Street SW., Washington, DC 20472-3100

Washington , DC 20472-3100 

Phone: 202 212-2340

E-Mail: william.roche@fema.dhs.gov

Department of Homeland Security (DHS) 

Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA78

 View Related Documents

Title: Disaster Assistance; Fire Management Assistance Grant (FMAG) Program Deadline Extensions and Administrative

Corrections

Abstract: FEMA proposes to revise its Fire Management Assistance Grant (FMAG) program regulations to lengthen the

potential extension for the grantee's submission of its grant application to FEMA from up to 3 months to up to 6 months. FEMA

also proposes to lengthen the potential extension for a subgrantee to submit a project worksheet from up to 3 months to up to

6 months. These proposed deadline extensions provide increased flexibility to applicants who may benefit from additional time

to prepare the documentation necessary to support a grant application and may reduce or eliminate financial losses due to

delayed invoices by third parties that exceed the maximum 3-month deadline extension. In addition, FEMA proposes to exempt

project worksheets claiming only administrative costs from the $1,000 minimum. FEMA also proposes to make additional minor

administrative changes to its FMAG regulations to reflect current statutory and regulatory requirements and clarify grant

application procedures.

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

Major: No Unfunded Mandates: No

CFR Citation: 44 CFR 204; 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

Final Rule 

NPRM 03/07/2013 78 FR 14740 

NPRM Comment Period End 05/06/2013 

Additional Information: Docket ID FEMA-2013-0004

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State; Tribal

Small Entities Affected: No Federalism: No

Energy Affected: No

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

Agency Contact: William W. Roche 

Recovery Directorate

Department of Homeland Security

Federal Emergency Management Agency

500 C Street SW., Washington, DC 20472-3100

Washington , DC 20472-3100 

Phone: 202 212-2340

E-Mail: william.roche@fema.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 (Stafford

Act), the Federal Emergency Management Agency (FEMA) provides financial assistance to individuals and households to repair

or replace their homes after a Presidentially-declared major disaster or emergency. This rule finalizes revisions to FEMA's

repair, replacement, and housing construction assistance regulations that 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 (PKEMRA).

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 5174

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/30/2012 77 FR 44562 

NPRM Comment Period End 09/28/2012 

Final Action 11/07/2013 78 FR 66852 

Final Action Effective 12/09/2013 

Additional Information: Docket ID FEMA-2010-0035

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: John Carelton 

Recovery Directorate

Department of Homeland Security

Federal Emergency Management Agency

500 C Street SW., Washington, DC 20472-3100

Washington , DC 20472-3100 

Phone: 202 212-1000

FAX: 202 212-1005

E-Mail: fema-ia-regulations@fema.dhs.gov

Department of Homeland Security (DHS) 

Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA79

 View Related Documents

Title: Dispute Resolution Pilot Program for Public Assistance Appeals

Abstract: Section 1105 of the Sandy Recovery Improvement Act of 2013 directs FEMA to establish a nationwide Dispute

Resolution Pilot Program (DRPP) in order to facilitate an efficient recovery from major disasters, including arbitration by an

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
independent review panel, to resolve disputes relating to Public Assistance projects. This final rule establishes an option for

arbitration under the Public Assistance Program administered by the Federal Emergency Management Agency (FEMA). The

option allows applicants to file for arbitration, instead of a second appeal under FEMA's current Public Assistance Program. The

requests for review under the DRPP must be submitted by December 31, 2015. This final rule provides the procedures and the

standard of review that FEMA will apply under the arbitration option.

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 5189a (note)

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 08/16/2013 78 FR 49950 

Additional Information: Docket ID FEMA-2013-0015.

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

Small Entities Affected: No Federalism: No

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

Agency Contact: William W. Roche 

Recovery Directorate

Department of Homeland Security

Federal Emergency Management Agency

500 C Street SW., Washington, DC 20472-3100

Washington , DC 20472-3100 

Phone: 202 212-2340

E-Mail: william.roche@fema.dhs.gov

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