## Monday, April 26, 2010



# Part VIII 

# Department of Homeland Security

Semiannual Regulatory Agenda


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

DEPARTMENT OF HOMELAND SECURITY (DHS)

DEPARTMENT OF HOMELAND SECURITY Office of the Secretary

6 CFR Chs. I and II
[DHS Docket No. OGC-RP-04-001]
Unified Agenda of Federal Regulatory and Deregulatory Actions

AGENCY: Office of the Secretary, DHS.

ACTION: Semiannual regulatory agenda.

SUMMARY: This regulatory agenda is a semiannual summary of all current and projected rulemakings, existing regulations, and completed actions of the Department of Homeland Security (DHS) and its components. This agenda provides the public with information about DHS’ regulatory activity. DHS expects that this information will enable the public to be more aware of, and effectively participate in, the Department’s regulatory activity. DHS invites the public to submit comments on any aspect of this agenda.

FOR FURTHER INFORMATION CONTACT: General

Please direct general comments and inquiries on the agenda to the Regulatory Affairs Law Division, Office of the General Counsel, Department of Homeland Security, Washington, DC 20528. Specific

Please direct specific comments and inquiries on individual regulatory actions identified in this agenda to the individual listed in the summary of the regulation as the point of contact for that regulation.

SUPPLEMENTARY INFORMATION:

DHS provides this notice pursuant to the requirements of the Regulatory Flexibility Act (Pub. L. 96-354, September 19, 1980) and Executive Order 12866, ‘‘Regulatory Planning and Review’’ (September 30, 1993), which require the Department to publish a semiannual agenda of regulations. The regulatory agenda is a summary of all current and projected rulemakings, as well as actions completed since the publication of the last regulatory agenda for the Department. DHS’ last semiannual regulatory agenda was published on December 7, 2009, at 74 FR 64448.

Beginning in the fall 2007, the Internet became the basic means for disseminating the Unified Agenda. The complete Unified Agenda will be available online at www.reginfo.gov.

The Regulatory Flexibility Act (5 U.S.C. 602) requires federal agencies to publish their regulatory flexibility agenda in the Federal Register.A regulatory flexibility agenda shall contain, among other things, ‘‘a brief description of the subject area of any rule . . . which is likely to have a significant economic impact on a substantial number of small entities.’’ DHS’ printed agenda entries include regulatory actions that are in the Department’s regulatory flexibility agenda. Printing of these entries is limited to fields that contain information required by the agenda provisions of the Regulatory Flexibility Act. Additional information on these entries is available in the Unified Agenda published on the Internet.

The semiannual agenda of the Department conforms to the Unified Agenda format developed by the Regulatory Information Service Center.

Dated: February 26, 2010. Christina E. McDonald, Deputy Associate General Counsel for Regulatory Affairs. 

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

Sequence

Number Title Regulation Identifier Number

185 Registration Requirements for Petitioners Seeking to File H-1B Petitions on Behalf of Aliens Subject To Numerical Limitations .................................................................................................................... ................................................ 1615–AB71 186 U. S. Citizenship and Immigration Services Fee Schedule .......................................................................................... 1615–AB80



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

Sequence

Number Title Regulation Identifier Number

187 Commonwealth of the Northern Mariana Islands Transitional Nonimmigrant Investor Classification .......................... 161 5–AB75



### U.S. Coast Guard—Proposed Rule Stage

Sequence

Number Title Regulation Identifier Number

188 Numbering of Undocumented Barges (USCG-1998-3798) .......................................................................................... 1625–AA14 189 Commercial Fishing Industry Vessels (USCG-2003-16158) ......................................................................................... 1625–AA77 190 Inspection of Towing Vessels (USCG-2006-24412) ............................................................................. ........................ 1625–AB06


### 21807 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda

DHS

U.S. Coast Guard—Final Rule Stage

Sequence

Number Title Regulation Identifier Number

191 Standards for Living Organisms in Ships’ Ballast Water Discharged in U.S. Waters (USCG-2001-10486) ............... 1625–AA32 192 Passenger Weight and Inspected Vessel Stability Requirements (USCG-2007-0030) ............................................... 1625–AB20



### U.S. Coast Guard—Long-Term Actions

Sequence

Number Title Regulation Identifier Number

193 Claims Procedures Under the Oil Pollution Act of 1990 (USCG-2004-17697) ............................................................ 1625–AA03 194 Great Lakes Pilotage Rates—2010 Annual Review and Adjustment (Section 610 Review) ..................................... 1625–AB39



### U.S. Customs and Border Protection—Prerule Stage

Sequence

Number Title Regulation Identifier Number

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



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

Sequence

Number Title Regulation Identifier Number

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



### Transportation Security Administration—Final Rule Stage

Sequence

Number Title Regulation Identifier Number

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



### Transportation Security Administration—Long-Term Actions

Sequence

Number Title Regulation Identifier Number

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



### Federal Emergency Management Agency—Proposed Rule Stage

Sequence

Number Title Regulation Identifier Number

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


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

Department of Homeland Security (DHS) Proposed Rule Stage U.S. Citizenship and Immigration Services (USCIS)

185. REGISTRATION REQUIREMENTS FOR PETITIONERS SEEKING TO FILE H–1B PETITIONS ON BEHALF OF ALIENS SUBJECT TO NUMERICAL LIMITATIONS Legal Authority: 8 USC 1184(g) Abstract: The Department of Homeland Security is proposing to amend its regulations governing petitions filed on behalf of alien workers subject to annual numerical limitations. This rule proposes an electronic registration program for petitions subject to numerical limitations contained in the Immigration and Nationality Act (the Act). Initially, the program would be for the H-1B nonimmigrant classification; however, other nonimmigrant classifications will be added as needed. This action isnecessary because the demand for H1B specialty occupation workers by U.S. companies generally exceeds the numerical limitation. This rule is intended to allow USCIS to more efficiently manage the intake and lottery process for these H-1B petitions. Timetable:
Action Date FR Cite
NPRM 08/00/10 NPRM Comment

Period End 10/00/10

Regulatory Flexibility Analysis Required: Yes Agency Contact: Claudia F. Young, Department of Homeland Security, U.S. Citizenship and Immigration Services, Service Center Operations, 20 Massachusetts Avenue NW., Washington, DC 20529 Phone: 202 272–8163 Email: cf1young@dhs.gov
RIN: 1615–AB71

186. U. S. CITIZENSHIP AND IMMIGRATION SERVICES FEE SCHEDULE Legal Authority: 8 USC 1356(m)
Abstract: This rule will adjust the fee schedule for U.S. Citizenship and Immigration Services (USCIS) immigration and naturalization benefit applications and petitions, including nonimmigrant applications and visa petitions. These fees fund the cost of processing applications and petitions for immigration benefits and services, and USCIS’ associated operating costs. USCIS is revising these fees because the current fee schedule does not adequately recover the full costs of services provided by USCIS. Without an adjustment of the fee schedule, USCIS cannot provide adequate capacity to process all applications and petitions in a timely and efficient manner. The fee review is undertaken pursuant to the requirements of the Chief Financial Officers Act of 1990 (CFO Act), 31 U.S.C. 901-03. The CFO Act requires each agency’s chief financial officer (CFO) to ‘‘review, on a biennial basis, the fees, royalties, rents, and other charges imposed by the agency for services and things of value it provides, and make recommendations on revising those charges to reflect costs incurred by it in providing those services and things of value.’’ Id. at 902(a)(8). This rule will reflect recommendations made by the DHS CFO and USCIS CFO, as required under the CFO Act.

Timetable:
Action Date FR Cite
NPRM 06/00/10 NPRM Comment

Period End 08/00/10

Regulatory Flexibility Analysis Required: Yes Agency Contact: Rendell Jones, Chief Financial Officer, Department of Homeland Security, U.S. Citizenship and Immigration Services, Suite 4018, 20 Massachusetts Avenue NW., Washington, DC 20259 Phone: 202 272–1969 Fax: 202 272–1970 Email: rendell.jones@dhs.gov

RIN: 1615–AB80



### Department of Homeland Security (DHS) Final Rule Stage U.S. Citizenship and Immigration Services (USCIS)

187. COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS TRANSITIONAL NONIMMIGRANT INVESTOR CLASSIFICATION Legal Authority: 8 USC 1101 to 1103; 8 USC 1182; 8 USC 1184; 8 USC 1186a
Abstract: On May 8, 2008, Public Law 110-229, Commonwealth Natural Resources Act, established a transitional period for the application of the Immigration and Nationality Act (INA) to the Commonwealth of the Northern Mariana Islands (CNMI). Although the CNMI is subject to most U.S. laws, the CNMI has administered its own immigration system under the terms of its 1976 covenant with the United States. The Department of Homeland Security is proposing to amend its regulations by creating a new E2 CNMI Investor classification for the duration of the transition period. These temporary provisions are necessary to reduce the potential harm to the CNMI economy before these foreign workers and investors are required to convert into U.S. immigrant or nonimmigrant visa classifications. Timetable:
Action Date FR Cite
NPRM 09/14/09 74 FR 46938 NPRM Comment

Period End 10/14/09

Final Action 07/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Kevin J. Cummings, Chief of Business and Foreign Workers Division, Department of Homeland Security, U.S. Citizenship and Immigration Services, Office of Policy and Strategy, 20 Massachusetts Avenue NW., Washington, DC 20529–2140 Phone: 202 272–8410 Fax: 202 272–1542 Email: kevin.cummings@dhs.gov

RIN: 1615–AB75


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

Department of Homeland Security (DHS) Proposed Rule Stage U.S. Coast Guard (USCG)

188. NUMBERING OF UNDOCUMENTED BARGES (USCG–1998–3798) Legal Authority: 46 USC 12301
Abstract: Title 46 U.S.C. 12301, as amended by the Abandoned Barge Act of 1992, requires that all undocumented barges of more than 100 gross tons operating on the navigable waters of the United States be numbered. This rulemaking would establish a numbering system for these barges. The numbering of undocumented barges will allow identification of owners of barges found abandoned and help prevent future marine pollution. This rulemaking supports the Coast Guard’s broad role and responsibility of maritime stewardship.
Timetable:
Action Date FR Cite Request for

Comments 10/18/94 59 FR 52646

Comment Period End 01/17/95 ANPRM 07/06/98 63 FR 36384 ANPRM Comment

Period End 11/03/98

NPRM 01/11/01 66 FR 2385 NPRM Comment

Period End 04/11/01

NPRM Reopening of

Comment Period 08/12/04 69 FR 49844

NPRM Comment

Period End 11/10/04

Supplemental NPRM 11/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Denise Harmon, Project Manager, Department of Homeland Security, U.S. Coast Guard, National Vessel Documentation Center, 792 T.J. Jackson Drive, Falling Waters, WV 25419 Phone: 304 271–2506 RIN: 1625–AA14

189. COMMERCIAL FISHING INDUSTRY VESSELS (USCG–2003–16158) Legal Authority: 46 USC 4502(a) to 4502(d); 46 USC 4505 and 4506; 46 USC 6104; 46 USC 10603; DHS Delegation No. 0170.1(92) Abstract: This rulemaking would amend commercial fishing industry vessel requirements to enhance maritime safety. The proposed changes would affect vessel stability and watertight integrity, carriage of immersion suits, training, compliance documentation, and safety equipment. Timetable:
Action Date FR Cite
ANPRM 03/31/08 73 FR 16815 ANPRM Comment

Period End 12/15/08

NPRM 10/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Jack Kemerer, Project Manager, CG–5433, Department of Homeland Security, U.S. Coast Guard, 2100 Second Street SW., Washington, DC 20593 Phone: 202 372–1249 Email: jack.a.kemerer@uscg.mil
RIN: 1625–AA77

190. INSPECTION OF TOWING VESSELS (USCG–2006–24412) Legal Authority: 46 USC 3103, 3301, 3306, 3308, 3316, 3703, 8104, and 8904; DHS Delegation No 0170.1
Abstract: This rulemaking would implement a program of inspection for certification of towing vessels, which were previously uninspected. It would prescribe standards for safety management systems and third-party entities, along with standards for construction, operation, vessel systems, safety equipment, and recordkeeping. Due to the costs imposed on an entire uninspected segment of the marine industry, the Coast Guard projects that this will be a significant rulemaking, especially for small entities.
Timetable:
Action Date FR Cite
NPRM 08/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Michael Harmon, Program Manager, CG–522, Department of Homeland Security, U.S. Coast Guard, 2100 Second Street SW., STOP 7126, Washington, DC 20593–7126 Phone: 202 372–1427
RIN: 1625–AB06



### Department of Homeland Security (DHS) Final Rule Stage U.S. Coast Guard (USCG)

191. STANDARDS FOR LIVING ORGANISMS IN SHIPS’ BALLAST WATER DISCHARGED IN U.S. WATERS (USCG–2001–10486) Legal Authority: 16 USC 4711

Abstract: This rulemaking would propose to add performance standards to 33 CFR part 151, subparts C and D, for discharges of ballast water. It supports the Coast Guard’s broad roles and responsibilities of maritime safety and maritime stewardship. This project is significant due to high interest from Congress and several Federal and State agencies, as well as costs imposed on industry. Timetable:

Action Date FR Cite

ANPRM 03/04/02 67 FR 9632 ANPRM Comment

Period End 06/03/02

NPRM 08/28/09 74 FR 44632 Public Meeting 09/14/09 74 FR 46964 Public Meeting 09/22/09 74 FR 48190 Public Meeting 09/28/09 74 FR 49355 Notice—Extension of

Comment Period 10/15/09 74 FR 52941

Public Meeting 10/22/09 74 FR 54533 Public Meeting

Correction 10/26/09 74 FR 54944

NPRM Comment

Period End 12/04/09 74 FR 52941

Final Rule 12/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Mr. John C Morris, Project Manager, Department of Homeland Security, U.S. Coast Guard, 2100 Second Street SW., STOP 7126, Washington, DC 20593–7126 Phone: 202 372–1433 Email: john.c.morris@uscg.mil
RIN: 1625–AA32

192. PASSENGER WEIGHT AND INSPECTED VESSEL STABILITY REQUIREMENTS (USCG–2007–0030) Legal Authority: 33 USC 1321(j); 43 USC 1333; 46 USC 2103, 2113, 3205, 3301, 3306, 3307, 3703, 5115, 6101; 49


### 21810 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda

DHS—USCG Final Rule Stage

USC App 1804; EO 11735; EO 12234; DHS Delegation No 0170.1; PL 103–206, 107 Stat 2439; 49 USC App 1804; EO 11735 Abstract: The Coast Guard proposes developing a rule that addresses both the stability calculations and the environmental operating requirements for certain domestic passenger vessels. The proposed rule would address the outdated per-person weight averages that are currently used in stability calculations for certain domestic passenger vessels. In addition, the proposed rule would add environmental operating requirements for domestic passenger vessels that could be adversely affected by sudden inclement weather. This rulemaking would increase passenger safety by significantly reducing the risk of certain types of passenger vessels capsizing due to either passenger overloading or operating these vessels in hazardous weather conditions. This rulemaking would support the Coast Guard’s broad role and responsibility of maritime safety.

Timetable:
Action Date FR Cite
NPRM 08/20/08 73 FR 49244 NPRM Comment

Period End 11/18/08

NPRM Comment

Period Reopened 12/08/08 73 FR 74426

NPRM Comment

Period End 02/06/09

NPRM Comment

Period Reopened 02/18/09 74 FR 7576 Action Date FR Cite

NPRM Comment

Period End 03/20/09

Final Action 06/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: William Peters, Program Manager, Office of Design and Engineering Standards, Systems Engineering Division (CG–5212), Department of Homeland Security, U.S. Coast Guard, 2100 Second Street SW., STOP 7126, Washington, DC 20593–7126 Phone: 202 372–1371 Email: william.s.peters@uscg.mil

RIN: 1625–AB20



### Department of Homeland Security (DHS) Long-Term Actions U.S. Coast Guard (USCG)

193. CLAIMS PROCEDURES UNDER THE OIL POLLUTION ACT OF 1990 (USCG–2004–17697) Legal Authority: 33 USC 2713 and 2714 Abstract: This rulemaking implements section 1013 (Claims Procedures) and section 1014 (Designation of Source and Advertisement) of the Oil Pollution Act of 1990. An interim rule was published in 1992, and provides the basic requirements for the filing of claims for uncompensated removal costs or damages resulting from the discharge of oil, for the designation of the sources of the discharge, and for the advertisement of where claims are to be filed. The interim rule also includes the processing of natural resource damage (NRD) claims. The NRD claims, however, were not processed until September 25, 1997, when the Department of Justice issued an opinion that the Oil Spill Liability Trust Fund (OSLTF) is available without further appropriation to pay trustee NRD claims under the general claims provisions of the Oil Pollution Act (OPA) of 1990, 33 U.S.C. 2712(a)(4). Release of this more comprehensive notice of proposed rulemaking has been delayed while the Coast Guard gained experience on NRD claims, as well as other OPA damages. This rulemaking supports the Coast Guard’s broad role and responsibility of maritime stewardship. Timetable:
Action Date FR Cite
Interim Final Rule 08/12/92 57 FR 36314 Correction 09/09/92 57 FR 41104 Interim Final Rule

Comment Period End 12/10/92

Supplemental NPRM 04/00/11 Regulatory Flexibility Analysis Required: Yes Agency Contact: Benjamin White, Project Manager, National Pollution Funds Center, Department of Homeland Security, U.S. Coast Guard, NPFC MS 7100, United States Coast Guard, 4200 Wilson Boulevard, Arlington, VA 20598–7100 Phone: 202 493–6863 Email: benjamin.h.white@uscg.mil RIN: 1625–AA03

194. GREAT LAKES PILOTAGE RATES—2010 ANNUAL REVIEW AND ADJUSTMENT (SECTION 610 REVIEW) Legal Authority: 46 USC 9303(f) Abstract: The Coast Guard is proposing to update the rates for pilotage on the Great Lakes by 5.07 percent to generate sufficient revenue to cover allowable expenses, target pilot compensation, and returns on investment. The proposed update reflects an August 1, 2010, increase in benchmark contractual wages and benefits, as well as an increase in the ratio of pilots to ‘‘bridge hours.’’ This rulemaking promotes the Coast Guard strategic goal of maritime safety.
Timetable:
Action Date FR Cite
NPRM 10/30/09 74 FR 56153 NPRM Comment

Period End 11/30/09

Next Action Undetermined Regulatory Flexibility Analysis Required: No Agency Contact: Paul Wasserman, Director, Great Lakes Pilotage (CG–54122), Department of Homeland Security, U.S. Coast Guard, 2100 Second Street SW., STOP 7581, Washington, DC 20593–7581 Phone: 202 372–1535 Email: paul.m.wasserman@uscg.mil
RIN: 1625–AB39


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

Department of Homeland Security (DHS) Prerule Stage U.S. Customs and Border Protection (USCBP)

195. ∑ TRANSPORTATION OF CERTAIN MERCHANDISE AND EQUIPMENT BETWEEN COASTWISE POINTS Legal Authority: 46 USC 55102 Abstract: The Jones Act provides that only coastwise-qualified vessels may transport merchandise between coastwise points. During 2009, U.S. Customs and Border Protection proposed modifying previously-issued ruling letters that determined whether the transportation of certain articlesand equipment by non-coastwisequalified vessels between coastwise points was in violation of the Jones Act. Because any determination on this matter made by CBP would impact a broad range of regulated parties, and the scope of potential economic impact of any change in existing practice is unknown, CBP is issuing an advance notice of proposed rulemaking to solicit public comment.

Timetable:

Action Date FR Cite
ANPRM 06/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Glen E. Vereb, Chief, Cargo Security, Carriers and Immigration Branch, Office of International Trade, Department of Homeland Security, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue NW., Washington, DC 20229 Phone: 202 325–0212

RIN: 1651–AA84



### Department of Homeland Security (DHS) Final Rule Stage U.S. Customs and Border Protection (USCBP)

196. IMPORTER SECURITY FILING AND ADDITIONAL CARRIER REQUIREMENTS Legal Authority: PL 109–347, sec 203; 5 USC 301; 19 USC 66; 19 USC 1431; 19 USC 1433 to 1434; 19 USC 1624; 19 USC 2071 note; 46 USC 60105 Abstract: This interim final rule implements the provisions of section 203 of the Security and Accountability for Every Port Act of 2006. It amends CBP Regulations to require carriers andimporters to provide to CBP, via a CBPapproved electronic data interchange system, information necessary to enable CBP to identify high-risk shipments to prevent smuggling and insure cargo safety and security. Under the rule, importers and carriers must submit specified information to CBP before the cargo is brought into the United States by vessel. This advance information will improve CBP’s risk assessment and targeting capabilities, assist CBP in increasing the security of the global trading system, and facilitate the prompt release of legitimate cargo following its arrival in the United States.

Timetable:

Action Date FR Cite

NPRM 01/02/08 73 FR 90 NPRM Comment

Period End 03/03/08

NPRM Comment

Period Extended 02/01/08 73 FR 6061

NPRM Comment

Period End 03/18/08

Interim Final Rule 11/25/08 73 FR 71730 Action Date FR Cite

Interim Final Rule

Effective 01/26/09

Interim Final Rule

Comment Period End 06/01/09

Correction 12/24/09 74 FR 68376 Final Action 11/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Richard DiNucci, Department of Homeland Security, U.S. Customs and Border Protection, Office of Field Operations, 1300 Pennsylvania Avenue, NW., Washington, DC 20229 Phone: 202 344–2513 Email: richard.dinucci@dhs.gov

RIN: 1651–AA70



### Department of Homeland Security (DHS) Final Rule Stage Transportation Security Administration (TSA)

197. AIRCRAFT REPAIR STATION SECURITY Legal Authority: 49 USC 114; 49 USC 44924 Abstract: The Transportation Security Administration (TSA) proposed to add a new regulation to improve the security of domestic and foreign aircraft repair stations, as required by the section 611 of Vision 100—Century of Aviation Reauthorization Act and section 1616 of the 9/11 Commission Act of 2007. The regulation proposed general requirements for security programs to be adopted and implemented by repair stations certificated by the Federal Aviation Administration (FAA). A notice of proposed rulemaking (NPRM) was published in the Federal Register on November 18, 2009, requesting public comments to be submitted on January 19, 2010. The comment period was extended to February 19, 2010.

Timetable:

Action Date FR Cite

Notice—Public

Meeting; Request for Comments 02/24/04 69 FR 8357

Report to Congress 08/24/04 NPRM 11/18/09 74 FR 59873 NPRM Comment

Period End 01/19/10 Action Date FR Cite

NPRM Comment

Period Extended 12/29/09 74 FR 68774

NPRM Extended

Comment Period End 02/19/10

Final Rule 12/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Celio Young, Program Manager, Repair Stations, Department of Homeland Security, Transportation Security Administration, Office of Transportation Sector Network Management, General Aviation


### 21812 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda

DHS—TSA Final Rule Stage

Division, TSA–28, HQ, E5, 601 South 12th Street, Arlington, VA 20598–6028 Phone: 571 227–3580 Fax: 571 227–1362 Email: celio.young@dhs.gov
Thomas (Tom) Philson, Manager, Economic Analysis, Department of Homeland Security, Transportation Security Administration, Office of Transportation Sector Network Management, TSA–28, HQ, E10–411N, 601 South 12th Street, Arlington, VA 20598–6028 Phone: 571 227–3236 Fax: 571 227–1362 Email: thomas.philson@dhs.gov

Linda L. Kent, Assistant Chief Counsel, Regulations and Security Standards Division, Department of Homeland Security, Transportation Security Administration, Office of the Chief Counsel, TSA–2, HQ, E12–126S, 601 South 12th Street, Arlington, VA 20598–6002 Phone: 571 227–2675 Fax: 571 227–1381 Email: linda.kent@dhs.gov
RIN: 1652–AA38



### Department of Homeland Security (DHS) Long-Term Actions Transportation Security Administration (TSA)

198. MODIFICATION OF THE AVIATION SECURITY INFRASTRUCTURE FEE (ASIF) (MARKET SHARE) Legal Authority: 49 USC 44901; 49 USC 44940 Abstract: The Transportation Security Administration will revise the method for apportioning the Aviation Security Infrastructure Fee (ASIF) among air carriers. The ASIF is a fee imposed on air carriers and foreign air carriers to help pay the Government’s costs of providing civil aviation security services. Starting in fiscal year 2005, the Aviation and Transportation Security Act (ATSA) (Pub. L. 107-71; Nov. 19, 2001), codified at 49 U.S.C. 44940, authorizes TSA to change the methodology for imposing the ASIF on air carriers and foreign air carriers from a system based on their 2000 screening costs to a system based on market share or other appropriate measures. On November 5, 2003, the Transportation Security Administration (TSA) published a notice requesting comment on possible changes in order to allow for open industry and public input. TSA sought comments on issues regarding how to impose the ASIF, and whether, when, and how often the ASIF should be adjusted. The comment period was extended on the notice for an additional 30 days, until February 5, 2004. TSA is considering a market share methodology for implementation.
Timetable:
Action Date FR Cite Notice; Requesting

Comment– Imposition of the Aviation Security Infrastructure Fee (ASIF) 11/05/03 68 FR 62613

Notice—Imposition of

ASIF; Comment Period End 01/05/04

Notice—Imposition of

ASIF; Comment Period Extended 12/31/03 68 FR 75611

Notice—Imposition of

ASIF; Extended Comment Period End 02/05/04

Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: Michael Gambone, Deputy Director, Office of Revenue, Department of Homeland Security, Transportation Security Administration, Office of Finance and Administration, TSA–14, HQ, W12–319, 601 South 12th Street, Arlington, VA 20598–6014 Phone: 571 227–1081 Fax: 571 227–2904 Email: michael.gambone@dhs.gov
Nicholas (Nick) Acheson, Sr. Economist, Regulatory Development and Economic Analysis, Department of Homeland Security, Transportation Security Administration, Office of Transportation Sector Network Management, TSA–28, HQ, E10–410N, 601 South 12th Street, Arlington, VA 20598–6028 Phone: 571 227–5474 Fax: 571 227–1362 Email: nicholas.acheson@dhs.gov

Linda L. Kent, Assistant Chief Counsel, Regulations and Security Standards Division, Department of Homeland Security, Transportation Security Administration, Office of the Chief Counsel, TSA–2, HQ, E12–126S, 601 South 12th Street, Arlington, VA 20598–6002 Phone: 571 227–2675 Fax: 571 227–1381 Email: linda.kent@dhs.gov

RIN: 1652–AA43



### Department of Homeland Security (DHS) Proposed Rule Stage Federal Emergency Management Agency (FEMA)

199. UPDATE OF FEMA’S PUBLIC ASSISTANCE REGULATIONS Legal Authority: 42 USC 5121 to 5207

Abstract: This proposed rule would revise the Federal Emergency Management Agency’s Public Assistance program regulations. Many of these changes reflect amendments made to the Robert T. Stafford Disaster Relief and Emergency Assistance Act by the Post-Katrina Emergency Management Reform Act of 2006 and the Security and Accountability For Every Port Act of 2006. The proposed rule also proposes to reflect lessons learned from recent events, andpropose further substantive and nonsubstantive clarifications and corrections to improve upon the Public Assistance regulations. This proposed rule is intended to improve the efficiency and consistency of the Public Assistance program, as well as implement new statutory authority by expanding Federal assistance, improving the Project Worksheet


### 21813 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda

DHS—FEMA Proposed Rule Stage

process, empowering grantees, and improving State Administrative Plans.

Timetable:

Action Date FR Cite

NPRM 12/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: James A. Walke, Disaster Assistance Directorate, Department of Homeland Security, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472–3100 Phone: 202 646–2751 Fax: 202 646–3304 Email: james.walke@dhs.gov

RIN: 1660–AA51 [FR Doc. 2010–8960 Filed 04–23–10; 8:45 am]

BILLING CODE 9110–9B–S