1586 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 

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 

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 

February 13, 2012, at 77 FR 7960. 

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. 

The semiannual agenda of the 

Department conforms to the Unified 

Agenda format developed by the 

Regulatory Information Service Center. 

Dated: October 19, 2012. 

Christina E. McDonald, 

Associate General Counsel for Regulatory 

Affairs. 

OFFICE OF THE SECRETARY—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

307 .................... Ammonium Nitrate Security Program .............................................................................................................. 1601–AA52 

308 .................... Homeland Security Acquisition Regulation, Subcontractor Labor Hour Rates Under Time and Materials 

Contracts.

1601–AA65 

U.S. CITIZENSHIP AND IMMIGRATION SERVICES—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

309 .................... Administrative Appeals Office: Procedural Reforms To Improve Efficiency ................................................... 1615–AB98 

U.S. CITIZENSHIP AND IMMIGRATION SERVICES—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

310 .................... Registration Requirement for Petitioners Seeking To File H–1B Petitions on Behalf of Aliens Subject to 

Numerical Limitations.

1615–AB71 

U.S. COAST GUARD—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

311 .................... Numbering of Undocumented Barges ............................................................................................................. 1625–AA14 

312 .................... Updates to Maritime Security ........................................................................................................................... 1625–AB38 

mstockstill on DSK4VPTVN1PROD with 

Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 1587 

U.S. COAST GUARD—PROPOSED RULE STAGE—Continued 

Sequence No. Title Regulation 

Identifier No. 

313 .................... Lifesaving Devices on Uninspected Vessels (Section 610 Review) .............................................................. 1625–AB83 

U.S. COAST GUARD—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

314 .................... Implementation of the 1995 Amendments to the International Convention on Standards of Training, Certification, and Watchkeeping (STCW) for Seafarers, 1978 (Reg Plan Seq No. 59).1625–AA16 

315 .................... Commercial Fishing Industry Vessels .............................................................................................................. 1625–AA77 

316 .................... Nontank Vessel Response Plans and Other Vessel Response Plan Requirements ...................................... 1625–AB27 

317 .................... Commercial Fishing Vessels—Implementation of 2010 Legislation ................................................................ 1625–AB85 

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. 

U.S. COAST GUARD—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

319 .................... Tank Vessel Response Plans for Hazardous Substances .............................................................................. 1625–AA13 

320 .................... Inspection of Towing Vessels .......................................................................................................................... 1625–AB06 

321 .................... MARPOL Annex 1 Update ............................................................................................................................... 1625–AB57 

U.S. CUSTOMS AND BORDER PROTECTION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

TRANSPORTATION SECURITY ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

323 .................... General Aviation Security and Other Aircraft Operator Security ..................................................................... 1652–AA53 

TRANSPORTATION SECURITY ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

324 .................... Aircraft Repair Station Security (Reg Plan Seq No. 66) ................................................................................ 1652–AA38 

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. 

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

325 .................... Standards To Prevent, Detect and Respond to Sexual Abuse and Assault in Confinement Facilities (Section 610 Review) (Reg Plan Seq No. 68).1653–AA65 

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. 

mstockstill on DSK4VPTVN1PROD with 

1588 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

Office of the Secretary (OS) 

Long-Term Actions 

307. Ammonium Nitrate Security 

Program 

Legal Authority: 2008 Consolidated 

Appropriations Act, sec 563, subtitle J— 

Secure Handling of Ammonium Nitrate, 

Pub. L. 110–161 

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.’’ 

Timetable: 

Action Date FR Cite 

ANPRM ............... 10/29/08 73 FR 64280 

Correction ............ 11/05/08 73 FR 65783 

ANPRM Comment 

Period End.

12/29/08 

NPRM .................. 08/03/11 76 FR 46908 

Notice of Public 

Meetings.

10/07/11 76 FR 62311 

Notice of Public 

Meetings.

11/14/11 76 FR 70366 

NPRM Comment 

Period End.

12/01/11 

Final Rule ............ 12/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jon MacLaren, 

Ammonium Nitrate Program Manager, 

Department of Homeland Security, 

Office of the Secretary, Infrastructure 

Security Compliance Division (NPPD/ 

ISCD), Mail Stop 0610, 245 Murray Lane 

SW., Arlington, VA 20598–0610, Phone: 

703 235–5263, Email: 

jon.m.maclaren@hq.dhs.gov. 

RIN: 1601–AA52 

308. Homeland Security Acquisition 

Regulation, Subcontractor Labor Hour 

Rates Under Time and Materials 

Contracts 

Legal Authority: 5 U.S.C. 301; 5 U.S.C. 

302; 41 U.S.C. 418b(a); 41 U.S.C. 

418b(b); 41 U.S.C. 414; 48 CFR part 1, 

subpart 1.3; DHS Delegation Number 

0700 

Abstract: The Department of 

Homeland Security (DHS) is proposing 

to amend its Homeland Security 

Acquisition Regulation (HSAR) parts 

3016 and 3052 to require DHS contracts 

for time and material or labor hours 

(T&M/LH) to include separate labor 

hour rates for subcontractors and a 

description of the method that will be 

used to record and bill for labor hours 

for both contractors and subcontractors. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/21/12 77 FR 50449 

NPRM Comment 

Period End.

10/22/12 

Final Rule ............ To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jeremy F. Olson, 

Senior Procurement Analyst, 

Department of Homeland Security, 

Office of the Chief Procurement Officer, 

Washington, DC 20528, Phone: 202 447– 

5197, Fax: 202 447–5310, Email: 

jerry.olson@hq.dhs.gov. 

RIN: 1601–AA65 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Citizenship and Immigration 

Services (USCIS) 

Proposed Rule Stage 

309. Administrative Appeals Office: 

Procedural Reforms To Improve 

Efficiency 

Legal Authority: 5 U.S.C. 552; 5 U.S.C. 

552a; 8 U.S.C. 1101; 8 U.S.C. 1103; 8 

U.S.C. 1304; 6 U.S.C. 112 

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. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: William K. Renwick, 

Supervisory Citizenship and 

Immigration Appeals Officer, 

Department of Homeland Security, U.S. 

Citizenship and Immigration Services, 

Administrative Appeals Office, 

Washington, DC 20529–2090, Phone: 

703 224–4501, Email: 

william.k.renwick@uscis.dhs.gov. 

RIN: 1615–AB98 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Citizenship and Immigration 

Services (USCIS) 

Long-Term Actions 

310. Registration Requirement for 

Petitioners Seeking To File H–1B 

Petitions on Behalf of Aliens Subject to 

Numerical Limitations 

Legal Authority: 8 U.S.C. 1184(g) 

Abstract: The Department of 

Homeland Security will finalize its 

regulations governing petitions filed on 

behalf of alien workers subject to annual 

numerical limitations. This rule 

proposes to establish an electronic 

registration program for petitions 

subject to numerical limitations for the 

H–1B nonimmigrant classification. This 

action is necessary because the demand 

for H–1B specialty occupation workers 

by U.S. companies may exceed the 

numerical limitation. This rule is 

intended to allow USCIS to more 

efficiently manage the intake and lottery 

process for these H–1B petitions. 

Timetable: 

Action Date FR Cite 

NPRM .................. 03/03/11 76 FR 11686 

NPRM Comment 

Period End.

05/02/11 

Final Rule ............ To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Susan Arroyo, Chief 

of Staff, Service Center Operations, 

Department of Homeland Security, U.S. 

Citizenship and Immigration Services, 

20 Massachusetts Avenue NW., 

Washington, DC 20529, Phone: 202 272– 

1094, Fax: 202 272–1543, Email: 

susan.k.arroyo@uscis.dhs.gov. 

RIN: 1615–AB71 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Coast Guard (USCG) 

Proposed Rule Stage 

311. Numbering of Undocumented 

Barges 

Legal Authority: 46 U.S.C. 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 

mstockstill on DSK4VPTVN1PROD with 

Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 1589 

operating on the navigable waters of the 

United States be numbered. This 

rulemaking would establish a 

numbering system for these barges. The 

numbering of undocumented barges will 

allow identification of owners of barges 

found abandoned. This rulemaking 

supports the Coast Guard’s broad role 

and responsibility of maritime 

stewardship. 

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 Reopening 

Comment Period End.

11/10/04 

Supplemental 

NPRM.

12/00/12 

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 

312. Updates to Maritime Security 

Legal Authority: 33 U.S.C. 1226; 33 

U.S.C. 1231; 46 U.S.C. ch 701; 50 U.S.C. 

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 

Abstract: The Coast Guard proposes 

certain additions, changes, and 

amendments to 33 CFR, subchapter H. 

Subchapter H is comprised of parts 101 

through 106. Subchapter H implements 

the major provisions of the Maritime 

Transportation Security Act of 2002. 

This rulemaking is the first major 

revision to subchapter H. The proposed 

changes would further the goals of 

domestic compliance and international 

cooperation by incorporating 

requirements from legislation 

implemented since the original 

publication of these regulations, such as 

the SAFE Port Act, and including 

international standards such as STCW 

security training. This rulemaking has 

international interest because of the 

close relationship between subchapter H 

and the International Ship and Port 

Security Code (ISPS). 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: LCDR Loan O’Brien, 

Project Manager, Department of 

Homeland Security, U.S. Coast Guard, 

Commandant, (CG–FAC–2), 2100 

Second Street SW., STOP 7581, 

Washington, DC 20593–7581, Phone: 

202 372–1133, Email: 

loan.t.o’brien@uscg.mil. 

RIN: 1625–AB38 

313. Lifesaving Devices on Uninspected 

Vessels (Section 610 Review) 

Legal Authority: Pub. L. 111–281; 33 

U.S.C. 1903(b); 46 U.S.C. 3306; 46 

U.S.C. 4102; 46 U.S.C. 4302; Department 

of Homeland Security Delegation No. 

0170.1 

Abstract: Section 619 of the 2010 

Coast Guard Authorization Act, (Act) 

(Pub. L. 111–281) amends title 46, 

United States Code (U.S.C.) 4102(b), and 

directs the Coast Guard to require the 

installation, maintenance, and use of 

life preservers and other lifesaving 

devices for individuals on uninspected 

vessels. Currently, uninspected 

commercial barges not carrying 

passengers for hire do not meet this 

mandate. This proposed rule would 

fulfill that statutory mandate by 

changing 46 CFR 25.25 and several 

associated tables by removing the 

exemption from existing regulations for 

uninspected commercial barges not 

carrying passengers for hire and 

prescribe regulations requiring the 

installation, maintenance, and use of 

lifesaving devices to enhance the safety 

of persons working aboard these vessels. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/00/13 

Regulatory Flexibility Analysis 

Required: Undetermined. 

Agency Contact: Martin L. Jackson, 

Project Manager, Department of 

Homeland Security, U.S. Coast Guard, 

Commandant (CG–ENG–4), 2100 2nd 

Street SW., STOP 7126, Washington, DC 

20593–7126, Phone: 202 372–1391, 

Email: martin.l.jackson@uscg.mil. 

RIN: 1625–AB83 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Coast Guard (USCG) 

Final Rule Stage 

314. Implementation of the 1995 

Amendments to the International 

Convention on Standards of Training, 

Certification, and Watchkeeping 

(STCW) for Seafarers, 1978 

Regulatory Plan: This entry is Seq. 

No. 59 in part II of this issue of the 

Federal Register. 

RIN: 1625–AA16 

315. Commercial Fishing Industry 

Vessels 

Legal Authority: 46 U.S.C. 4502(a) to 

4502(d); 46 U.S.C. 4505 and 4506; 46 

U.S.C. 6104; 46 U.S.C. 10603; DHS 

Delegation No. 0170.1(92) 

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). 

Timetable: 

Action Date FR Cite 

ANPRM ............... 03/31/08 73 FR 16815 

mstockstill on DSK4VPTVN1PROD with 

1590 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 

Action Date FR Cite 

ANPRM Comment 

Period End.

12/15/08 

Notice of Withdrawal.03/00/13 

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 

316. Nontank Vessel Response Plans 

and Other Vessel Response Plan 

Requirements 

Legal Authority: 3 U.S.C. 301 to 303; 

33 U.S.C. 1223; 33 U.S.C. 1231; 33 

U.S.C. 3121; 33 U.S.C. 1903; 33 U.S.C. 

1908; 46 U.S.C. 6101 

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. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/31/09 74 FR 44970 

Public Meeting .... 09/25/09 74 FR 48891 

NPRM Comment 

Period End.

11/30/09 

Final Rule ............ 04/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mr. Timothy M. 

Brown, Project Manager, Office of 

Commercial Vessel Compliance (CG– 

CVC–1), Department of Homeland 

Security, U.S. Coast Guard, 2100 Second 

Street SW., Stop 7581, Washington, DC 

20593–7581, Phone: 202 372–7581, 

Email: timothy.m.brown@uscg.mil. 

RIN: 1625–AB27 

317. Commercial Fishing Vessels— 

Implementation of 2010 Legislation 

Legal Authority: Pub. L. 111–281; title 

VI (Marine Safety) 

Abstract: The Coast Guard is 

implementing those requirements of a 

2010 statute that pertain to uninspected 

commercial fishing industry vessels and 

that took effect upon enactment of the 

statute 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 strategic goal 

of maritime safety. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 04/00/13 

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–AB85 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Coast Guard (USCG) 

Long-Term Actions 

318. Marine Transportation-Related 

Facility Response Plans for Hazardous 

Substances 

Legal Authority: 33 U.S.C. 1321(j); 

Pub. L. 101–380; Pub. L. 108–293 

Abstract: This project would 

implement provisions of the Oil 

Pollution Act of 1990 (OPA 90) that 

require an owner or operator of a marine 

transportation-related facility 

transferring bulk hazardous substances 

to develop and operate in accordance 

with an approved response plan. The 

regulations would apply to marine 

transportation-related facilities that, 

because of their location, could cause 

harm to the environment by discharging 

a hazardous substance into or on the 

navigable waters or adjoining shoreline. 

A separate rulemaking, under RIN 

1625–AA13, was developed in tandem 

with this rulemaking and addresses 

hazardous substances response plan 

requirements for tank vessels. This 

project supports the Coast Guard’s broad 

roles and responsibilities of maritime 

safety and maritime stewardship by 

reducing the consequence of pollution 

incidents. This action is considered 

significant because of substantial public 

and industry interest. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 05/03/96 61 FR 20084 

Notice of Public 

Hearings.

07/03/96 61 FR 34775 

ANPRM Comment 

Period End.

09/03/96 

NPRM .................. 03/31/00 65 FR 17416 

NPRM Comment 

Period End.

06/29/00 

Notice To Reopen 

Comment Period.

02/17/11 76 FR 9276 

Comment Period 

Reopen End.

05/18/11 

Next Action Undetermined.

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: CDR Michael Roldan, 

Project Manager, CG–521, Department of 

Homeland Security, U.S. Coast Guard, 

2100 Second Street SW., STOP 7126, 

Washington, DC 20593–7126, Phone: 

202 372–1420, Email: 

luis.m.roldan@uscg.mil. 

RIN: 1625–AA12 

319. Tank Vessel Response Plans for 

Hazardous Substances 

Legal Authority: 33 U.S.C. 1231; 33 

U.S.C. 1321(j); Pub. L. 101–380; Pub. L. 

108–293 

Abstract: This project would 

implement provisions of the Oil 

Pollution Act of 1990 that require an 

owner or operator of a tank vessel 

carrying bulk hazardous substances to 

develop and submit to the Coast Guard 

a response plan and operate in 

accordance with an approved response 

plan. The regulations would apply to 

vessels operating on the navigable 

waters or within the Exclusive 

Economic Zone (EEZ) of the United 

States that carry bulk hazardous 

substances. Additionally, this project 

would update shipboard marine 

pollution emergency plans for noxious 

liquid substance (SMPEP–NLS) 

requirements that apply to certain 

nontank vessels and tank vessels. A 

separate rulemaking, under RIN 1625– 

AA12, would address hazardous 

substances response plan requirements 

for marine transportation-related 

facilities. This project supports the 

mstockstill on DSK4VPTVN1PROD with 

Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 1591 

Coast Guard’s broad roles and 

responsibilities of maritime safety and 

maritime stewardship by reducing the 

consequences of pollution incidents. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 05/03/96 61 FR 20084 

Notice of Public 

Hearings.

07/03/96 61 FR 34775 

ANPRM Comment 

Period End.

09/03/96 

NPRM .................. 03/22/99 64 FR 13734 

Notice of Public 

Hearing.

06/15/99 64 FR 31994 

NPRM Comment 

Period Extended.

06/15/99 

NPRM Comment 

Period End.

06/21/99 

NPRM Extended 

Comment Period End.

08/30/99 

Notice To Reopen 

Comment Period.

02/17/11 76 FR 9276 

Comment Period 

End.

05/18/11 

Next Action Undetermined.

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Raymond Martin, 

Project Manager CG–5225, Department 

of Homeland Security, U.S. Coast 

Guard, 2100 Second Street SW., STOP 

7126, Washington, DC 20593–7126, 

Phone: 202 372–1449, Email: 

raymond.w.martin@uscg.mil. 

RIN: 1625–AA13 

320. Inspection of Towing Vessels 

Legal Authority: 46 U.S.C. 3103; 46 

U.S.C. 3301; 46 U.S.C. 3306; 46 U.S.C. 

3308; 46 U.S.C. 3316; 46 U.S.C. 3703; 46 

U.S.C. 8104; 46 U.S.C. 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 

auditors and surveyors, along with 

standards for construction, operation, 

vessel systems, safety equipment, and 

recordkeeping. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/11/11 76 FR 49976 

Notice of Public 

Meetings.

09/09/11 76 FR 55847 

NPRM Comment 

Period End.

12/09/11 

Final Rule ............ To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Patrick Mannion, 

Project Manager, CG–5222, Department 

of Homeland Security, U.S. Coast 

Guard, 2100 Second Street SW., STOP 

7126, Washington, DC 20593–7126, 

Phone: 202 372–1439, Email: 

patrick.j.mannion@uscg.mil. 

RIN: 1625–AB06 

321. MARPOL Annex 1 Update 

Legal Authority: 33 U.S.C. 1902; 46 

U.S.C. 3306 

Abstract: In this rulemaking, the Coast 

Guard would amend the regulations in 

subchapter O (Pollution) of title 33 of 

the CFR, including regulations on 

vessels carrying oil, oil pollution 

prevention, oil transfer operations, and 

rules for marine environmental 

protection regarding oil tank vessels, to 

reflect changes to international oil 

pollution standards adopted since 2004. 

Additionally, this regulation would 

update shipping regulations in title 46 

to require Material Safety Data Sheets, 

in accordance with international 

agreements, to protect the safety of 

mariners at sea. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/09/12 77 FR 21360 

NPRM Comment 

Period End.

07/26/12 

Comment Period 

Extended.

09/07/12 77 FR 43741 

Final Rule ............ To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Scott Hartley, 

Program Manager CG–OES–2, 

Department of Homeland Security, U.S. 

Coast Guard, 2100 Second Street SW., 

STOP 7126, Washington, DC 20593– 

7126, Phone: 202 372–1437, Email: 

scott.e.hartley@uscg.mil. 

RIN: 1625–AB57 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Customs and Border Protection 

(USCBP) 

Final Rule Stage 

322. Importer Security Filing and 

Additional Carrier Requirements 

Legal Authority: Pub. L. 109–347, sec 

203; 5 U.S.C. 301; 19 U.S.C. 66; 19 

U.S.C. 1431; 19 U.S.C. 1433 to 1434; 19 

U.S.C. 1624; 19 U.S.C. 2071 note; 46 

U.S.C. 60105 

Abstract: This interim final rule 

implements the provisions of section 

203 of the Security and Accountability 

for Every Port Act of 2006. It amended 

CBP Regulations to require carriers and 

importers to provide to CBP, via a 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 

improves CBP’s risk assessment and 

targeting capabilities, assists CBP in 

increasing the security of the global 

trading system, and facilitates the 

prompt release of legitimate cargo 

following its arrival in the United 

States. The interim final rule requested 

comments on those required data 

elements for which CBP provided 

certain flexibilities for compliance and 

on the revised costs and benefits and 

Regulatory Flexibility Analysis. CBP 

plans to issue a final rule after CBP 

completes a structured review of the 

flexibilities and analyzes the comments. 

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 

Interim Final Rule 

Effective.

01/26/09 

Interim Final Rule 

Comment Period End.

06/01/09 

Correction ............ 07/14/09 74 FR 33920 

Correction ............ 12/24/09 74 FR 68376 

Final Action ......... 02/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

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, 

Phone: 202 344–3052, Email: 

craig.clark@cbp.dhs.gov. 

RIN: 1651–AA70 

mstockstill on DSK4VPTVN1PROD with 

1592 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

Transportation Security Administration 

(TSA) 

Proposed Rule Stage 

323. General Aviation Security and 

Other Aircraft Operator Security 

Legal Authority: 6 U.S.C. 469; 18 

U.S.C. 842; 18 U.S.C. 845; 46 U.S.C. 

70102 to 70106; 46 U.S.C. 70117; 49 

U.S.C. 114; 49 U.S.C. 114(f)(3); 49 U.S.C. 

5103; 49 U.S.C. 5103a; 49 U.S.C. 40113; 

49 U.S.C. 44901 to 44907; 49 U.S.C. 

44913 to 44914; 49 U.S.C. 44916 to 

44918; 49 U.S.C. 44932; 49 U.S.C. 44935 

to 44936; 49 U.S.C. 44942; 49 U.S.C. 

46105 

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) 

The type of aircraft subject to TSA 

regulation; (2) compliance oversight; (3) 

watch list matching of passengers; (4) 

prohibited items; (5) scope of the 

background check requirements and the 

procedures used to implement the 

requirement; and (6) other issues. 

Additionally, in the SNPRM, TSA plans 

to propose security measures for foreign 

aircraft operators commensurate with 

measures for U.S. operators. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/30/08 73 FR 64790 

NPRM Comment 

Period End.

12/29/08 

Notice—NPRM 

Comment Period Extended.

11/25/08 73 FR 71590 

NPRM Extended 

Comment Period End.

02/27/09 

Notice—Public 

Meetings; Requests for Comments.

12/18/08 73 FR 77045 

Supplemental 

NPRM.

08/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

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, 

Phone: 571 227–3788, Email: 

kerwin.wilson@tsa.dhs.gov. 

Dominick S. Caridi, Director, 

Regulatory and Economic Analysis, 

Department of Homeland Security, 

Transportation Security Administration, 

Office of Security Policy and Industry 

Engagement, TSA–28, HQ, E10–419N, 

601 South 12th Street, Arlington, VA 

20598–6028, Phone: 571 227–2952, Fax: 

703 603–0404, Email: 

dominick.caridi@tsa.dhs.gov. 

Denise Daniels, Attorney, Regulations 

and Security Standards Division, 

Department of Homeland Security, 

Transportation Security Administration, 

Office of the Chief Counsel, TSA–2, HQ, 

E12–127S, 601 South 12th Street, 

Arlington, VA 20598–6002, Phone: 571 

227–3443, Fax: 571 227–1381, Email: 

denise.daniels@tsa.dhs.gov. 

RIN: 1652–AA53 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

Transportation Security Administration 

(TSA) 

Final Rule Stage 

324. Aircraft Repair Station Security 

Regulatory Plan: This entry is Seq. 

No. 66 in part II of this issue of the 

Federal Register. 

RIN: 1652–AA38 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Immigration and Customs 

Enforcement (USICE) 

Proposed Rule Stage 

325. • Standards To Prevent, Detect 

and Respond to Sexual Abuse and 

Assault in Confinement Facilities 

(Section 610 Review) 

Regulatory Plan: This entry is Seq. 

No. 68 in part II of this issue of the 

Federal Register. 

RIN: 1653–AA65 

[FR Doc. 2012–31672 Filed 1–7–13; 8:45 am] 

BILLING CODE 9110–9B–P 

mstockstill on DSK4VPTVN1PROD with 

Vol. 78 Tuesday, 

No. 5 January 8, 2013 

Part X 

Department of the Interior 

Semiannual Regulatory Agenda 

mstockstill on DSK4VPTVN1PROD with