### 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 : Offic e of the Sec retary, DHS.

ACTION : Semiannu al reg ulatory agenda.

SUMMARY: This regul atory agenda i s 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 in formation 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. Depa rtm ent of Homel and 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 th e summ ary of the regulat ion as the point of contact for that regulation.

SUPPLEMENTARY INFORMATION: DHS pr ovide s this notice pursuant to the requirements of the Regulatory Flexibility Act (Pub. L. 96-354, S ep. 19, 1980) and Executiv e Order 12866 “Regulatory Planning and Review” (Sep. 30, 1993), which require the Department to publish a semiannual agenda of regulations. The regulatory agenda is a summary of a ll 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 April 26, 2010 at 75 FR 21806.
Beginning in fall 2007, the Internet became t he basic me an s for disseminating the Unified Agenda. The complete Unified Agenda is ava ilable online at www.reginfo.gov.

As part of the Unified Agenda, federal agencies ar e also re quired to prepare a Regulatory Plan of the most important significant regulatory actions that t he agency reasonably expects to issue in proposed or final form in that fiscal year. As in past years, for fall editions of the Unified Ag enda, the entire Regulatory Plan and agency regulatory flexibility agendas, in acco rdance 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 fede ral ag encies 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 flex ibility 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 availabl e in the Unified Agenda published on the Internet.

The semiannual agenda of the Department conf or m s to the Unified Agenda format developed by the Regulatory Information Service Center.

Dated: September 10, 2010.

NAME: Christina E. McDonald, Acting Associate General Counsel for Regulatory Affairs.The 230 Regulatory Agendas

Office of the Secretary - Proposed Rule

Title Regulation Identifier Number Freedom of Information Act and Privacy Act Procedures 1601-AA00
Supplemental Standards of Ethical Conduct for Employees of the Department of Homeland Security 1601-AA17
Homeland Security Acquisition Regulations (HSAR): Patents, Data, and Copyrights 1601-AA38
Secure Handling of Ammonium Nitrate Program 1601-AA52
Petitions for Rulemaking, Amendment, or Repeal 1601-AA56

Office of the Secretary - Final Rule

Title Regulation Identifier Number Production or Disclosure of Official Information in Connection With Legal Proceedings 1601-AA01 Administration of Grants and Agreements With Institutions of Higher Education, Hospitals, and Nonprofit, Commercial, Foreign, and International Organizations 1601-AA18

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

Revision of Department of Homeland Security Acquisition Regulation (HSAR); Notification on Limitation in Subcontracting (HSAR Case 2007-004) 1601-AA43

Homeland Security Acquisition Regulation (HSAR); Lead System Integrators 1601-AA49
Professional Conduct for Practitioners Rules and Procedures, and Representation and Appearances 1601-AA58
Grants and Cooperative Agreements With State and Local Governments 1601-AA61
Department of Homeland Security Implementation of OMB Guidance on Drug-Free Workplace Requirements 1601-AA62

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
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

Regulations Imposing Restrictions Upon Lobbying 1601-AA12
Collection of Nontax Debts Owed to the Department of Homeland Security 1601-AA23
Homeland Security Acquisition Regulation (HSAR): Revision Initiative 1601-AA28
Nondiscrimination in Matters Pertaining to Faith-Based Organizations 1601-AA40
Implementation of OMB Guidance on Nonprocurement Debarment and Suspension 1601-AA46
Department of Homeland Security (DHS) Human Resources Management System 1601-AA53

Office of the Secretary - Completed Action

Title Regulation Identifier Number Homeland Security Acquisition Regulation; Restrictions on Foreign Acquisition 1601-AA57

U.S. Citizenship and Immigration Services - Proposed Rule
RegulationTitle Identifier Number Asylum and Withholding Definitions 1615-AA41
Implementation of Amendments Affecting Petitions for Employment Creation for Aliens 1615-AA90
Amendments to Regulatory Provisions Regarding Refugee and Asylee Relative Petitions 1615-AB54 Classification of Adopted Aliens as Children of United States Citizens Based on Adoptions That Are Not Governed by the Hague Convention 1615-AB57

Registration Requirement for Petitioners Seeking to File H-1B Petitions on Behalf of Aliens Subject to Numerical Limitations 1615-AB71

Documents and Receipts Acceptable for Employment Eligibility Verification 1615-AB72
Special Immigrant Juvenile Petitions 1615-AB81
Qualifications, Designation and Duties of Civil Surgeons, and Revocation of Civil Surgeon Designations 1615-AB88
Exception to the Persecution Bar for Asylum, Refugee, and Temporary Protected Status, and Withholding of Removal 1615-AB89
Ineffective Assistance of Counsel Claims in Asylum Cases 1615-AB90

U.S. Citizenship and Immigration Services - Final Rule

Title Regulation Identifier Number Petition To Classify Alien as Immediate Relative of a U.S. Citizen or as a Preference Immigrant; Self-Petitioning for Certain Battered or Abused Alien Spouses and Children 1615-AA03

Inadmissibility and Deportability on Public Charge Grounds 1615-AA22
Application for Refugee Status; Acceptable Sponsorship Agreement Guaranty of Transportation 1615-AA24
Battered and Abused Conditional Residents; Termination of Marriage by Conditional Residents 1615-AA29
Revoking Grants of Naturalization 1615-AA30 Petition To Classify Alien as Immediate Relative of a U.S. Citizen or Preference Immigrant; Adjustment of Status to That of a Person Admitted for Permanent Residence 1615-AA42

Adjustment of Status for Certain Syrian Nationals Granted Asylum in the United States 1615-AA57
New Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for T Nonimmigrant Status 1615-AA59
Adjustment of Status to Lawful Permanent Resident for Aliens in T and U Nonimmigrant Status 1615-AA60
New Classification for Victims of Criminal Activity; Eligibility for the "U" Nonimmigrant Status 1615-AA67
Electronic Signature on Applications and Petitions for Immigration and Naturalization Benefits 1615-AA83
Eliminating the Numerical Cap on Mexican TN Nonimmigrants 1615-AA96 Classification of Certain Scientists of the Commonwealth of Independent States of the Former Soviet Union and the Baltic States as Employment-Based Immigrants 1615-AB14

Interpretation at Asylum Interviews 1615-AB35
Application Process for Replacing Forms I-551 Without an Expiration Date 1615-AB36
Removing References to Filing Locations and Obsolete References to Legacy Immigration and Naturalization Service 1615-AB56
Documents and Receipts Acceptable for Employment Eligibility Verification 1615-AB69 E-2 Nonimmigrant Status for Aliens in the Commonwealth of the Northern Mariana Islands With Long-Term Investor Status 1615-AB75

Commonwealth of the Northern Mariana Islands Transitional Worker Classification 1615-AB76
Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands 1615-AB77
Immigration Transformation, Increment I 1615-AB83
Approval of Construction Wage Rates in Guam 1615-AB91

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

Title Regulation Identifier Number Definition of the Term "Lawfully Present" for Purposes of Eligibility for Public Benefits 1615-AA05 Adjustment of Status, Continued Validity of Nonimmigrant Status, and Unexpired Employment Authorization for Applicants Maintaining Nonimmigrant H or L Status 1615-AA12

Fingerprinting Applicants and Petitioners for Immigration Benefits; Establishing a Fee for Fingerprinting by the Department of Homeland Security 1615-AA14

Suspension of Deportation and Special Rule Cancellation of Removal for Certain Nationals of Guatemala, El Salvador,and Former Soviet Bloc Countries 1615-AA17

Regulations Concerning the Convention Against Torture 1615-AA19 National Interest Waivers for Second Preference Employment-Based Immigrant Physicians Serving in Medically Underserved Areas or at Department of Veterans Affairs Facilities 1615-AA34

Petitioning Requirements for the H-1C Nonimmigrant Classification Under Public Law 106-95 1615-AA35 Adjustment of Status to That of Person Admitted for Permanent Residence; Temporary Removal of Certain Restrictions of Eligibility 1615-AA40

Classification of Aliens as Children of United States Citizens Based on Intercountry Adoptions Under the Hague Convention 1615-AA43

Children Born Outside the United States; Applications for Certificate of Citizenship 1615-AA45
Allowing for the Filing of Form I-140 Visa Petition Concurrently With a Form I-485 Application in Certain Circumstances 1615-AA46
Establishing Premium Processing Service for Employment-Based Petitions and Applications 1615-AA49
Adjustment of Status for Certain Nationals of Nicaragua, Cuba, and Haiti 1615-AA51
Nonimmigrant Classes; Spouses and Children of Lawful Permanent Residents; V Classification 1615-AA53
K Nonimmigrant Classification; Legal Immigration Family Equity (LIFE) Act 1615-AA56
Removal of Limitations on the Validity Period for Employment Authorization Documents 1615-AA63
Requiring Change of Status From B-1 to F-1 or M-1 Nonimmigrant Prior To Pursuing a Course of Study 1615-AA73
Extension of the Deadline for Certain Health Care Workers Required To Obtain Certificates 1615-AB28 Eligibility of Arriving Aliens in Removal Proceedings To Apply for Adjustment of Status and Jurisdiction To Adjudicate Applications for Adjustment of Status 1615-AB50

Petitions Filed on Behalf of H-1B Temporary Workers Subject to the Annual Numerical Limitation 1615-AB68
New Asylum and Withholding Bars for Recruitment or Use of Child Soldiers 1615-AB79

U.S. Citizenship and Immigration Services - Completed Action

Title Regulation Identifier Number Academic Honorarium for B Nonimmigrant Aliens 1615-AA44
Withholding of Adjudication 1615-AA86 Authorizing Suspension of Employment Authorization Requirements on the Basis of Severe Economic Hardship for F-1 Students and Emergent Circumstances 1615-AB44

U. S. Citizenship and Immigration Services Fee Schedule 1615-AB80
Preference Alien Process Registration for Adjustment of Status Applicants 1615-AB82
Employment Authorization for Dependents of Foreign Officials 1615-AB87

U.S. Coast Guard - Proposed Rule

Title Regulation Identifier Number Numbering of Undocumented Barges 1625-AA14 Implementation of the 1995 Amendments to the International Convention on Standards of Training, Certification, and Watchkeeping (STCW) for Seafarers, 1978 1625-AA16

Outer Continental Shelf Activities 1625-AA18
Commercial Fishing Industry Vessels 1625-AA77
Validation of Merchant Mariners' Vital Information and Issuance of Coast Guard Merchant Mariner's Documents (MMDs) 1625-AA81

Validation of Merchant Mariners' Vital Information and Issuance of Coast Guard Merchant Mariner's Licenses and Certificates of Registry 1625-AA85

Inspection of Towing Vessels 1625-AB06
Transportation Worker Identification Credential (TWIC); Card Reader Requirements 1625-AB21 Assessment Framework and Organizational Restatement Regarding Preemption for Certain Regulations Issued by the Coast Guard 1625-AB32

Installation and Use of Engine Cut-Off Switches 1625-AB34
General Bridge Regulation, Amendment 1625-AB36
Marine Vapor Control Systems 1625-AB37
Updates to Maritime Security 1625-AB38Potable Water Standards for Inspected Vessels 1625-AB51
Barges Carrying Bulk Liquid Hazardous Materials Cargoes 1625-AB53
Clarification of Discovery Rules Used in Administrative Proceedings of the U.S. Coast Guard 1625-AB54

U.S. Coast Guard - Final Rule

Title Regulation Identifier Number Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters 1625-AA32 Traffic Separation Schemes in the Strait of Juan De Fuca and Its Approaches; in Puget Sound and Its Approaches; in Haro Strait, Boundary Pass; and in the Strait of Georgia 1625-AA48

Passenger Weight and Inspected Vessel Stability Requirements 1625-AB20
Nontank Vessel Response Plans and Other Vessel Response Plan Requirements 1625-AB27

Notice of Arrival on the Outer Continental Shelf 1625-AB28

Protection for Whistle Blowers in the Coast Guard 1625-AB33
Changes to Standard Numbering System, Vessel Identification System, and Boating Accident Report Database 1625-AB45
Great Lakes Pilotage Rates--2011 Annual Review and Adjustment 1625-AB48 Temporary Suspension of Certain Oil Spill Response Time Requirements to Support Deepwater Horizon Oil Spill Response 1625-AB49

Traffic Separation Schemes: In the Approaches to Portland, ME; Boston, MA; to Narragansett Bay, RI and Buzzards Bay, MA; Chesapeake Bay, VA 1625-AB55

U.S. Coast Guard - Long-term Action

Title Regulation Identifier Number Safety Zone Regulations 1625-AA00
Special Anchorage Areas/Anchorage Grounds Regulations 1625-AA01
Discharge-Removal Equipment for Vessels Carrying Oil 1625-AA02
Claims Procedures Under the Oil Pollution Act of 1990 (USCG-2004-17697) 1625-AA03
State Access to the Oil Spill Liability Trust Fund (USCG-2004-19123) 1625-AA06
Regatta and Marine Parade Regulations 1625-AA08
Drawbridge Regulations 1625-AA09
Regulated Navigation Areas 1625-AA11
Marine Transportation-Related Facility Response Plans for Hazardous Substances 1625-AA12 Tank Vessel Response Plans for Hazardous Substances and Shipboard Marine Pollution Emergency Plans for Noxious Liquid Substances 1625-AA13

Commercial Diving Operations 1625-AA21
Improvements to Maritime Safety in Puget Sound-Area Waters 1625-AA22
Cargo Securing on Vessels Operating in U.S. Waters 1625-AA25
Rules of Practice, Procedure, and Evidence for Administrative Proceedings of the Coast Guard 1625-AA59
Security Zone Regulations 1625-AA87
Dry Cargo Residue Discharges in the Great Lakes 1625-AA89
Vessel Requirements for Notices of Arrival and Departure, and Automatic Identification System 1625-AA99 Implementation of Vessel Security Officer Training and Certification Requirements--International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers, 1978 1625-AB26

Consolidated Cruise Ship Regulations 1625-AB30
Classification Society Approval 1625-AB35
Carbon Dioxide Fire Suppression Systems on Commercial Vessels 1625-AB44
Lifesaving Equipment, Production Testing, and Harmonization With International Standards 1625-AB46

U.S. Coast Guard - Completed Action
RegulationTitle Identifier Number Limited Service Domestic Voyage Load Lines for River Barges on Lake Michigan 1625-AA17
Vessel Traffic Service Lower Mississippi River 1625-AA58
Notification of Arrival in U.S. Ports; Certain Dangerous Cargoes; Electronic Submission 1625-AA93
Revision of LNG and LHG Waterfront Facility General Requirements 1625-AB13
Great Lakes Pilotage Rates--2010 Annual Review and Adjustment 1625-AB39
Inland Navigation Rules 1625-AB43
Bulk Solid Hazardous Materials: Harmonization With the International Maritime Solid Bulk Cargoes (IMSBC) Code 1625-AB47

U.S. Customs and Border Protection - Proposed Rule

Title Regulation Identifier Number Cargo Information (Manifest) Discrepancy Reporting Requirements and Penalty Guidelines 1651-AA45
Issuance of an Arrival and Departure Form (I-94) Valid for Multiple Entries for Certain Aliens 1651-AA75
Permissible Sharing of Client Records by Customs Brokers 1651-AA80

U.S. Customs and Border Protection - Final Rule

Title Regulation Identifier Number Land Border Carrier Initiative Program 1651-AA68
Importer Security Filing and Additional Carrier Requirements 1651-AA70
Changes to the Visa Waiver Program To Implement the Electronic System for Travel Authorization (ESTA) Program 1651-AA72
Establishment of Global Entry Program 1651-AA73
Implementation of the Guam-CNMI Visa Waiver Program 1651-AA77 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
Academic Honorarium for B Nonimmigrant Aliens 1651-AA85

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

Title Regulation Identifier Number Visa Waiver Program 1651-AA00
Inspection and Expedited Removal of Aliens; Detention and Removal of Aliens; Conduct of Removal Proceedings 1651-AA04
Establishment of Preinspected Automated Lane (PAL) Program 1651-AA06
Amendment of the Regulatory Definition of Arriving Alien 1651-AA07
Elimination of Immigration and Naturalization Service-Issued Mexican and Canadian Border Crossing Cards 1651-AA08
Extension of 25-Mile Limit at Select Arizona Ports-of-Entry 1651-AA11
Removal of Visa and Passport Waiver for Certain Permanent Residents of Canada and Bermuda 1651-AA23 Nonimmigrant Visa Exemption for Nationals of the British Virgin Islands Entering the United States Through St. Thomas, U.S. Virgin Islands 1651-AA29

Procedures Governing the Border Release Advanced Screening and Selectivity (BRASS) Program 1651-AA35
Access to Customs Security Areas at Airports 1651-AA38 Passenger Name Record Information Required for Passengers on Flights in Foreign Air Transportation To or From the United States 1651-AA40

Air Transit Program 1651-AA50

Extension of Time Limit on Admission of Certain Mexican Nationals 1651-AA60 Abbreviation or Waiver of Training for State or Local Law Enforcement Officers Authorized To Enforce Immigration Law During a Mass Influx of Aliens 1651-AA67

Coastwise Transportation of Passengers 1651-AA76U.S. Customs and Border Protection - Completed Action

Title Regulation Identifier Number Changes to the Administrative Process for Petitions for Relief Regarding Seizures and Forfeitures Resulting From Violations of Immigration and Naturalization Laws 1651-AA58

Customs Broker License Examination Individual Eligibility Requirements 1651-AA74

Further Consolidation of CBP Drawback Centers 1651-AA79
Transportation of Certain Merchandise and Equipment Between Coastwise Points 1651-AA84

Transportation Security Administration - Proposed Rule

Title Regulation Identifier Number Large Aircraft Security Program, Other Aircraft Operator Security Program, and Airport Operator Security Program 1652-AA53
Sensitive Security Information: Disclosure in Federal Civil Court Proceedings 1652-AA54
Public Transportation and Passenger Railroads--Security Training of Employees 1652-AA55
Freight Railroads--Security Training of Employees 1652-AA57
Over-the-Road Buses--Security Training of Employees 1652-AA59
Standardized Vetting, Adjudication, and Redress Services 1652-AA61

Transportation Security Administration - Final Rule

Title Regulation Identifier Number Security Programs for Aircraft Weighing 12,500 Pounds or More 1652-AA03
Aircraft Repair Station Security 1652-AA38
Air Cargo Screening 1652-AA64

Transportation Security Administration - Long-term Action

Title Regulation Identifier Number Imposition and Collection of Passenger Civil Aviation Security Service Fees 1652-AA00
Aviation Security Infrastructure Fees (ASIF) 1652-AA01
Civil Aviation Security Rules 1652-AA02
Protection of Sensitive Security Information (SSI) 1652-AA08
Criminal History Records Checks (CHRC) 1652-AA11
Transportation of Explosives From Canada to the United States Via Commercial Motor Vehicle and Railroad Carrier 1652-AA16
Flight Training for Aliens and Other Designated Individuals; Security Awareness Training for Flight School Employees 1652-AA35
Modification of the Aviation Security Infrastructure Fee (ASIF) (Market Share) 1652-AA43
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
Public Transportation and Passenger Railroads--Vulnerability Assessment and Security Plan 1652-AA56
Freight Railroads--Vulnerability Assessment and Security Plan 1652-AA58
Over-the-Road Buses--Vulnerability Assessment and Security Plan 1652-AA60
Reporting of Security Issues 1652-AA66

Transportation Security Administration - Completed Action

Title Regulation Identifier Number

Revision of Enforcement Procedures 1652-AA62U.S. Immigration and Customs Enforcement - Proposed Rule

Title Regulation Identifier Number Amendment of Regulations for F and M Students in Flight Training and for Schools Certified by DHS To Enroll F and/or M Students in Flight Training 1653-AA43

Clarification of Eligibility Criteria for F and M Students and for Schools Certified by the Student and Exchange Visitor Program To Enroll F and/or M Students 1653-AA44

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

U.S. Immigration and Customs Enforcement - Final Rule

Title Regulation Identifier Number Continued Detention of Aliens Subject to Final Orders of Removal 1653-AA13 Extending Period for Optional Practical Training by 17 Months for F-1 Nonimmigrant Students With STEM Degrees and Expanding the CAP-GAP Relief for All F-1 Students With Pending H-1B Petitions 1653-AA56

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

Title Regulation Identifier Number Requiring Aliens Ordered Removed From the United States To Surrender to the Department of Homeland Security for Removal 1653-AA05

Early Release for Removal of Criminal Aliens in State Custody for Nonviolent Offenses 1653-AA06 Power of Secretary of the Department of Homeland Security To Terminate Deportation Proceedings and Initiate Removal Proceedings 1653-AA08

Protection and Assistance for Victims of Trafficking 1653-AA09
Custody Procedures 1653-AA14
Technical Amendments Relating to Immigration Bonds 1653-AA20
Changes in Registration Policies and Monitoring of Certain Nonimmigrants 1653-AA29
Extending the Period of Duration of Status for Certain F and J Nonimmigrant Aliens 1653-AA30 Requiring Certification of All Service-Approved Schools for Enrollment in the Student and Exchange Visitor Information System (SEVIS) 1653-AA31

Strengthening Control Over Immigration Surety Bonds 1653-AA45 Authorizing Suspension of Employment Authorization Requirements on the Basis of Severe Economic Hardship for F-1 Students and Emergent Circumstances 1653-AA61

U.S. Immigration and Customs Enforcement - Completed Action

Title Regulation Identifier Number Electronic Signature and Storage of Form I-9, Employment Eligibility Verification 1653-AA47

Federal Emergency Management Agency - Proposed Rule

Title Regulation Identifier Number Management Costs 1660-AA21 National Flood Insurance Program; Standard Flood Insurance Policy; Expansion of Increased Cost of Compliance (ICC) Coverage and Prospective Payment of Flood Insurance Premiums 1660-AA30

National Flood Insurance Program (NFIP); Assistance to Private Sector Property Insurers; Compensation for FIRA Implementation 1660-AA48

Update of FEMA's Public Assistance Regulations 1660-AA51
Employment of Personnel for Purposes of the Defense Production Act 1660-AA55
Federal Emergency Management Agency Stafford Act Mission Assignments 1660-AA60
Housing Assistance Due to Structural Damage 1660-AA68Federal Emergency Management Agency - Final Rule

Title Regulation Identifier Number Technical and Conforming Amendments Reflecting Reorganization and Update of Nomenclature 1660-AA69

Federal Emergency Management Agency - Long-term Action

Title Regulation Identifier Number Disaster Assistance; Hazard Mitigation Grant Program 1660-AA02
National Urban Search and Rescue Response System 1660-AA07
National Flood Insurance Program (NFIP); Insurance Coverage and Rates 1660-AA09
Disaster Assistance; Federal Assistance to Individuals and Households 1660-AA18
National Flood Insurance Program (NFIP); Group Flood Insurance Policy (GFIP) 1660-AA22
Disaster Assistance; Crisis Counseling Regular Program; Amendment to Regulation 1660-AA23
National Flood Insurance Program (NFIP); Assistance to Private Sector Property Insurers 1660-AA28 National Flood Insurance Program (NFIP); Assistance to Private Sector Property Insurers; Extension of Term of Arrangement 1660-AA29

Disaster Assistance; Public Assistance Repetitive Damage 1660-AA47
National Flood Insurance Program, Policy Wording Correction 1660-AA70

Federal Emergency Management Agency - Completed Action

Title Regulation Identifier Number Treatment of Firearms in Response To or Recovery From a Major Disaster or Emergency 1660-AA62
Revision to FEMA Rulemaking Policy and Procedures 1660-AA67
Individual Assistance: Disaster Case Management Services Grant Program 1660-AA71
Procedural Changes to the Fire Management Assistance Declaration Process 1660-AA72

Department of Homeland Security (DHS) Office of the Secretary ( OS ) RIN: 1601-AA00

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Title: Freedom of Information Act and Privacy Act Procedures Abstract: This rulemaking action will revise 6 CFR part 5, which contains the Department of Homeland Security's (DHS) Freedom of Information Act (5 U.S.C. 552) (FOIA) and Privacy Act (5 U.S.C. 552a) regulations. This rulemaking action will amend DHS' FOIA regulations including those provisions governing information subject to Privacy Act exemptions and procedures for verification of the identity of Privacy Act requesters. FOIA provides for the disclosure of agency records to the public unless that information is exempt under clearly delineated statutory language. The Privacy Act regulates the collection, maintenance, use, and dissemination of Personally Identifiable Information (PII) maintained by agencies and departments of the executive branch, including DHS. The procedures established here would assist the Department in satisfying its responsibilities to the public to disclose Departmental information while at the same time safeguarding individual privacy.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 6 CFR 5 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: PL 107-296, 116 Stat 2135; 5 USC 301; 5 USC 552 to 552a Legal Deadline: None

Timetable:
Action Date FR Cite Interim Final Rule Effective 01/27/2003
Interim Final Rule 01/27/2003 68 FR 4056 Interim Final Rule Comment Period End 02/26/2003
NPRM 12/00/2010Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: William Holzerland Associate Director, Disclosure and FOIA Operations Department of Homeland Security Office of the Secretary 1621 North Kent Street Arlington , VA 22209 Phone: 703 235-0778 E-Mail: william.holzerland@dhs.gov

Department of Homeland Security (DHS) Office of the Secretary ( OS ) RIN: 1601-AA17

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Title: Supplemental Standards of Ethical Conduct for Employees of the Department of Homeland Security Abstract: This regulation will supplement the Executive Branch-Wide Standards of Ethical Conduct for employees of the Department of Homeland Security. This regulation will replace the existing supplemental ethics regulations of other departments, pieces of which were incorporated into DHS that have continued to apply to those employees whose duties and organizational structure have remained largely unchanged after their incorporation. Two significant areas to be addressed by the supplemental regulation are outside employment and the prohibited purchase of Government-owned, seized, or forfeited property by DHS employees.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 5 CFR 4601 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 CFR 2635.105 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Robert E. Coyle Designated Agency Ethics Official Department of Homeland Security Office of the Secretary

Washington , DC 20528 Phone: 202 447-3515 FAX: 202 282-9099 E-Mail: robert.coyle@dhs.gov

Department of Homeland Security (DHS) Office of the Secretary ( OS ) RIN: 1601-AA38

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Title: Homeland Security Acquisition Regulations (HSAR): Patents, Data, and Copyrights Abstract: FAR part 27 implements a number of statutes and executive orders pertaining to patents, data, and copyrights. The current HSAR for part 3027 will be revised to establish DHS-specific policy to supplement the FAR content.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed RuleMajor: No Unfunded Mandates: No CFR Citation: 48 CFR 3027; 48 CFR 3052 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 41 USC 418a; 35 USC 200 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 05/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined Federalism: Undetermined Energy Affected: Undetermined Agency Contact: Camara Francis Procurement Analyst Department of Homeland Security Office of the Secretary

Washington , DC 20528 Phone: 202 447-5904 FAX: 202 447-5564 E-Mail: camara.francis@dhs.gov

Department of Homeland Security (DHS) Office of the Secretary ( OS ) RIN: 1601-AA52

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Title: Secure Handling of Ammonium Nitrate Program Abstract: This rulemaking will implement the December 2007 amendment to the Homeland Security Act entitled "Secure Handling of Ammonium Nitrate." The amendment requires the Department of Homeland Security to "regulate the sale and transfer of ammonium nitrate by an ammonium nitrate facility...to prevent the misappropriation or use of ammonium nitrate in an act of terrorism."

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: Undetermined Unfunded Mandates: No CFR Citation: 6 CFR 31 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: sec 563 of the 2008 Consolidated Appropriations Act, subtitle J--Secure Handling of Ammonium Nitrate, PL 110-161 Legal Deadline:
Action Source Description Date

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

Regulatory Plan:
Statement of Need: Pursuant to section 563 of the 2008 Consolidated Appropriations Act, the Secure Handling of Ammonium Nitrate Act, Public Law 110-161, the Department of Homeland Security is required to promulgate a rulemaking to create a registration regime for certain buyers and sellers of ammonium nitrate. The rule, as proposed by this NPRM, would create that regime, and will 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 would 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 would 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, injured 853 people, and is estimated to have caused $652 million in damages ($921 million in 2009).

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 of Homeland Security is required by statute to publish regulations implementing the Secure Handling of Ammonium Nitrate Act. As part of its notice of proposed rulemaking, the Department will seek public comment on the numerous alternative ways in which the final Secure Handling of Ammonium Nitrate Program could carry out the requirements of the Secure Handling of Ammonium Nitrate Act.Costs and Benefits: A proposed rule registering certain buyers and sellers of ammonium nitrate would have costs to ammonium nitrate (AN) purchasers, including farms, fertilizer mixers, farm supply wholesalers and coops, golf courses, landscaping services, explosives distributors, mines, retail garden centers, and lab supply wholesalers. There would also be costs to AN sellers, such as ammonium nitrate fertilizer and explosive manufacturers, fertilizer mixers, farm supply wholesalers and coops, retail garden center, explosives distributors, fertilizer applicator services, and lab supply wholesalers. Costs will relate to the point of sale requirements, registration activities, recordkeeping, inspections/audits, and reporting of theft or loss. 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. When the proposed rule is published, DHS will provide a break even analysis. The program elements that would help achieve the risk reductions will be discussed in the break even analysis. These elements and related qualitative benefits include point of sale identification requirements and requiring individuals to be screened against the TSDB resulting in known bad actors being denied the ability to purchase ammonium nitrate.

Risks: Explosives containing ammonium nitrate are commonly used in terrorist attacks. Such attacks have been carried out both domestically and internationally. The 1995 Murrah Federal Building attack in Oklahoma City claimed the lives of 167 individuals and demonstrated firsthand to America how ammonium nitrate could be misused by terrorists. In addition to the Murrah Building attack, the Provisional Irish Republican Army used ammonium nitrate as part of its London, England bombing campaign in the early 1980s. More recently, ammonium nitrate was used in the 1998 East African Embassy bombings and in November 2003 bombings in Istanbul, Turkey. Additionally, since the events of 9/11, stores of ammonium nitrate have been confiscated during raids on terrorist sites around the world, including sites in Canada, England, India, and the Philippines. The Department of Homeland Security aims to prevent terrorist attacks within the United States and to reduce the vulnerability of the United States to terrorism. By preventing the misappropriation or use of ammonium nitrate in acts of terrorism, this rulemaking will support the Department's efforts to prevent terrorist attacks and to reduce the Nation's vulnerability to terrorist attacks. This rulemaking is complementary to other Department programs seeking to reduce the risks posed by terrorism, including the Chemical Facility Anti-Terrorism Standards program (which seeks in part to prevent terrorists from gaining access to dangerous chemicals) and the Transportation Worker Identification Credential program (which seeks in part to prevent terrorists from gaining access to certain critical infrastructure), among other programs.
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 03/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Federalism: Yes Energy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: Todd Klessman Acting Deputy Director, Infrastructure Security Compliance Division Department of Homeland Security Office of the Secretary Ballston 1 - 5th floor Room 5030 Arlington , VA 22201 Phone: 703 235-4921 E-Mail: todd.klessman@dhs.gov

Department of Homeland Security (DHS) Office of the Secretary ( OS ) RIN: 1601-AA56

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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: Info./Admin./Other 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 04/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Christina McDonald Deputy Associate General Counsel Department of Homeland Security Office of the Secretary

Washington , DC 20528 Phone: 202 447-3626 E-Mail: christina.mcdonald@dhs.gov

Department of Homeland Security (DHS) Office of the Secretary ( OS ) RIN: 1601-AA01

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Title: Production or Disclosure of Official Information in Connection With Legal Proceedings Abstract: This action establishes procedures governing the disclosure of information in connection with litigation and certain other types of proceedings.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 6 CFR 5.1 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: PL 107-296, 116 stat 2135; 5 USC 301; 5 USC 552 to 552(a) Legal Deadline: None

Timetable:
Action Date FR Cite Interim Final Rule Effective 01/27/2003
Interim Final Rule 01/27/2003 68 FR 4070 Interim Final Rule Comment Period End 02/26/2003
Final Rule 02/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Energy Affected: No Agency Contact: Michael Russell Deputy Associate General Counsel for General Law Department of Homeland Security Office of the Secretary Office of the General Counsel Washington , DC 20528 Phone: 202 447-3526 FAX: 202 447-3111 E-Mail: michael.d.russell@dhs.gov

Department of Homeland Security (DHS) Office of the Secretary ( OS ) RIN: 1601-AA18

View Related DocumentsTitle: Administration of Grants and Agreements With Institutions of Higher Education, Hospitals, and Nonprofit, Commercial, Foreign, and International Organizations Abstract: The Department of Homeland Security is implementing Office of Management and Budget (OMB) Circular A-110, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-profit Organizations." The rule will apply to institutions of higher education, hospitals, non-profit organizations, and commercial, foreign, and international organizations that are recipients of Federal assistance.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final 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; 2 CFR 215 Legal Deadline: None

Timetable:
Action Date FR Cite
Interim Final Rule 03/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State Federalism: No Energy Affected: No Agency Contact: Van Pace Office of Grant Policy and Oversight Department of Homeland Security Office of the Secretary

Washington , DC 20528 Phone: 202 447-5270 FAX: 202 447-5555 E-Mail: van.pace@dhs.gov

Department of Homeland Security (DHS) Office of the Secretary ( OS ) RIN: 1601-AA34

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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. This rule requires aliens to 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: Final Rule Major: Yes Unfunded Mandates: Private Sector CFR Citation: 8 CFR 215.1; 8 CFR 215.8 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1101 to 1104; 8 USC 1182; 8 USC 1184 to 1185 (pursuant to EO 13323); 8 USC 1221; 8 USC 1365a, 1365b; 8 USC 1379; 8 USC 1731 to 1732 Legal Deadline: None

Regulatory Plan:
Statement of Need: This rule establishes an exit system at all air and sea ports of departure in the United States. This rule requires aliens subject to United States Visitor and Immigrant Status Indicator Technology Program biometric requirements upon entering the United States to also provide biometric identifiers prior to departing the United States from air or sea ports of departure.

Legal Basis:

Alternatives: The proposed rule would require aliens who are subject to US-VISIT biometric requirements upon entering the United States to provide biometric information before departing from the United States at air and sea ports of entry. The ruleproposed a performance standard for commercial air and vessel carriers to collect the biometric information and to submit this information to DHS no later than 24 hours after air carrier staff secure the aircraft doors on an international departure, or for sea travel, no later than 24 hours after the vessel’s departure from a U.S. port. DHS is considering numerous alternatives based upon public comment on the alternatives in the NPRM. Alternatives included various points in the process, kiosks, and varying levels of responsibility for the carriers and government. DHS may select another variation between the outer bounds of the alternatives presented or another alternative if subsequent analysis warrants.

Costs and Benefits: The proposed rule expenditure and delay costs for a 10-year period are estimated at $3.5 billion. Alternative costs range from $3.1 billion to $6.4 billion. US-VISIT assessed seven categories of economic impacts other than direct expenditures. Of these, two are economic costs: Social costs resulting from increased traveler queue and processing time; and social costs resulting from increased flight delays. Ten-year benefits are estimated at $1.1 billion. US-VISIT assessed seven categories of economic impacts other than direct expenditures. Of these, five are benefits, which include costs that could be avoided for each alternative: Cost avoidance resulting from improved detection of aliens overstaying visas; cost avoidance resulting from improved U.S. Immigrations and Customs Enforcement (ICE) efficiency attempting apprehension of overstays; cost avoidance resulting from improved efficiency processing exit/entry data; improved compliance with NSEERS requirements due to the improvement in ease of compliance; and improved national security environment. These benefits are measured quantitatively or qualitatively.

Risks:
Timetable:
Action Date FR Cite
NPRM 04/24/2008 73 FR 22065 NPRM Comment Period End 06/23/2008
Final Rule 04/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Related RINs: Previously Reported as 1650-AA04 Agency Contact: Long D. Kaiser Policy Analyst, National Protection and Programs Directorate (NPPD), US-VISIT Department of Homeland Security Office of the Secretary

Washington , DC 20528 Phone: 202 295-0735 E-Mail: long.d.kaiser@dhs.gov

Department of Homeland Security (DHS) Office of the Secretary ( OS ) RIN: 1601-AA43

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Title: Revision of Department of Homeland Security Acquisition Regulation (HSAR); Notification on Limitation in Subcontracting (HSAR Case 2007-004) Abstract: The Department of Homeland Security (DHS) is proposing to amend the Department of Homeland Security Acquisition Regulation (HSAR), 48 CFR chapter 30 to provide notice to implement Public Law 109-295, title VI, section 692, Limitations on Tiering of Subcontractors. This limitation applies to any cost-reimbursement type contract or task or delivery order in an amount greater than the simplified acquisition threshold [as defined by section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)] entered into to facilitate response to or recovery from a natural disaster, act of terrorism, or other man-made disaster. A contractor is prohibited from using subcontractors for more than 65 percent of the cost of the contract or the cost of any individual task or delivery order (not including overhead or fee), unless the contracting officer determines that the 65 percent limitation is not feasible or practicable.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 48 CFR 30 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: PL 109-295, sec 692 Legal Deadline: None

Timetable:Action Date FR Cite
NPRM 06/09/2010 75 FR 32723 NPRM Comment Period End 08/09/2010
Final Rule 03/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: Business Federalism: No Energy Affected: Undetermined Agency Contact: Jeremy F. Olson Senior Procurement Analyst Department of Homeland Security Office of the Secretary Office of the Chief Procurement Officer Washington , DC 20528 Phone: 202 447-5197 FAX: 202 447-5310 E-Mail: jerry.olson@dhs.gov

Department of Homeland Security (DHS) Office of the Secretary ( OS ) RIN: 1601-AA49

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Title: Homeland Security Acquisition Regulation (HSAR); Lead System Integrators Abstract: The Department of Homeland Security is proposing to issue changes to the Department of Homeland Security Acquisition Regulation to include implementation of section 6405, The U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007, Public Law 110-28. The changes are planned to add new Lead System Integrator language to provide definitions, policies, prohibitions, and waiver processes for entities having a financial interest in elements of systems.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 48 CFR 3002; 48 CFR 3007; 48 CFR 3009; 48 CFR 3016; 48 CFR 3034; 48 CFR 3035; 48 CFR 3052 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007, PL 110-28 Legal Deadline: The deadline is established by section 6405 of Public Law 110-28. It requires DHS to update the Homeland Security Acquisition Regulations in order to specify fully in such regulations the matters with respect to lead system integrators set forth in section 6405.
Action Source Description Date

Other Statutory Interim Rule 07/01/2007

Timetable:
Action Date FR Cite Interim Final Rule Effective 07/15/2010
Interim Final Rule 07/15/2010 75 FR 41097 Interim Final Rule Comment Period End 08/16/2010
Final Rule 02/00/2011
Final Rule Effective 03/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: Undetermined Agency Contact: Timothy Frank Department of Homeland Security Office of the Secretary

Washington , DC 20528 Phone: 202 447-5252 E-Mail: tim.frank@dhs.govDepartment of Homeland Security (DHS) Office of the Secretary ( OS ) RIN: 1601-AA58

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Title: Professional Conduct for Practitioners Rules and Procedures, and Representation and Appearances Abstract: On February 2, 2010, the Department of Homeland Security (DHS) published an interim rule with request for comments in the Federal Register implementing amendments to its regulations to conform the grounds of discipline and procedures regulations with those promulgated by the Department of Justice (DOJ);clarify who is authorized to represent applicants and petitioners in cases before DHS; remove duplicative rules, procedures, and authority; improve the clarity and uniformity of existing regulations; make technical and procedural changes; and conform terminology. The final rule will finalize the interim rule with additional changes to terminology.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: 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 Comment Period End 03/04/2010
Interim Final Rule Effective 03/04/2010
Final Rule 12/00/2010

Additional Information: CIS 2446-08

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Energy Affected: No Agency Contact: Rachel McCarthy Bar Counsel Department of Homeland Security Office of the Secretary 70 Kimball Avenue Room 103 S. Burlington , VT 05403 Phone: 802 660-1779 E-Mail: rachel.mccarthy@dhs.gov

Department of Homeland Security (DHS) Office of the Secretary ( OS ) RIN: 1601-AA61

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Title: Grants and Cooperative Agreements With State and Local Governments Abstract: The Department of Homeland Security (DHS) is implementing Office of Management and Budget (OMB) Circular A102, "Grants and Cooperative Agreements with State and Local Governments."

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final 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; OMB Circular A-102, "Grants and Cooperative Agreements with State and Local Governments" Legal Deadline: None

Timetable:
Action Date FR Cite
Interim Final Rule 03/00/2011Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State; Tribal Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Van Pace Office of Grant Policy and Oversight Department of Homeland Security Office of the Secretary

Washington , DC 20528 Phone: 202 447-5270 FAX: 202 447-5555 E-Mail: van.pace@dhs.gov

Department of Homeland Security (DHS) Office of the Secretary ( OS ) RIN: 1601-AA62

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Title: Department of Homeland Security Implementation of OMB Guidance on Drug-Free Workplace Requirements Abstract: The Department of Homeland Security (DHS) is issuing a regulation to adopt the Office of Management and Budget (OMB) guidance on drug-free workplaces, now codified at 2 CFR part 182. This regulatory action implements OMB's initiative to streamline and consolidate into one title of the CFR all Federal regulations on drug-free workplace requirements for financial assistance.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 2 CFR 182 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 301; 41 USC 701 to 707; 2 CFR 182 Legal Deadline: None

Timetable:
Action Date FR Cite
Final Action 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State; Tribal Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Van Pace Office of Grant Policy and Oversight Department of Homeland Security Office of the Secretary

Washington , DC 20528 Phone: 202 447-5270 FAX: 202 447-5555 E-Mail: van.pace@dhs.gov

Department of Homeland Security (DHS) Office of the Secretary ( OS ) RIN: 1601-AA03

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Title: Enforcement of Nondiscrimination on the Basis of Disability in Department of Homeland Security Programs or Activities Abstract: This interim final rule establishes for the Department of Homeland Security procedures for the enforcement of section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap, as it applies to programs or activities conducted by the Department. The rule establishes standards for what constitutes discrimination on the basis of mental or physical handicap, provides a definition for individuals with handicaps and qualified individuals with handicaps, and establishes a complaint mechanism for resolving allegations of discrimination.Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: 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
Next Action Undetermined
Interim Final Rule 03/06/2003 68 FR 10886 Interim Final Rule Effective 04/07/2003 Interim Final Rule Comment Period End 04/07/2003

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Federalism: No Energy Affected: No Agency Contact: David Palmer Deputy Associate General Counsel (Legal Counsel) Department of Homeland Security Office of the Secretary

Washington , DC 20528 Phone: 202 282-9735 E-Mail: david.palmer@dhs.gov

Department of Homeland Security (DHS) Office of the Secretary ( OS ) RIN: 1601-AA04

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Title: Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance Abstract: This action establishes for the Department of Homeland Security procedures for effectuating title IX of the Education Amendments of 1972, as amended (except sections 904 and 906 of those Amendments), which is designed to eliminate (with certain exceptions) discrimination on the basis of sex in any education program or activity receiving Federal financial assistance, whether or not such program or activity is offered or sponsored by an educational institution as defined in these title IX regulations.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action 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
Next Action Undetermined Interim Final Rule Effective 03/06/2003
Interim Final Rule 03/06/2003 68 FR 10892 Interim Final Rule Comment Period End 04/07/2003

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Federalism: No Energy Affected: No Agency Contact: David Palmer Deputy Associate General Counsel (Legal Counsel) Department of Homeland Security Office of the Secretary

Washington , DC 20528Phone: 202 282-9735 E-Mail: david.palmer@dhs.gov

Department of Homeland Security (DHS) Office of the Secretary ( OS ) RIN: 1601-AA05

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Title: Regulations Regarding Nondiscrimination on the Basis of Race, Color, or National Origin in Programs or Activities Receiving Federal Financial Assistance Abstract: This action effectuates the provisions of title VI of the Civil Rights Act of 1964 to the end that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance from the Department of Homeland Security.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action 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
Next Action Undetermined Interim Final Rule Effective 03/06/2003
Interim Final Rule 03/06/2003 68 FR 10904 Interim Final Rule Comment Period End 04/07/2003

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Federalism: No Energy Affected: No Agency Contact: David Palmer Deputy Associate General Counsel (Legal Counsel) Department of Homeland Security Office of the Secretary

Washington , DC 20528 Phone: 202 282-9735 E-Mail: david.palmer@dhs.gov

Department of Homeland Security (DHS) Office of the Secretary ( OS ) RIN: 1601-AA12

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Title: Regulations Imposing Restrictions Upon Lobbying Abstract: This interim final rule establishes those procedures necessary to fulfill departmental obligations to impose restrictions upon lobbying. Except to the extent a Department component has adopted separate guidance under 31 U.S.C. 1352, the provisions of this subpart shall apply to each component of the Department of Homeland Security (DHS). This regulation establishes procedures concerning general prohibitions on lobbying and the use of certain appropriated funds, and the appropriate penalties for violations of those prohibitions. The purpose of the procedures is to ensure that neither the recipients of appropriated funds, nor the employees of DHS inappropriately solicit for action by the Congress.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 6 CFR 9.1 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: PL 107-296, 116 stat 2135; 5 USC 301; 31 USC 1352, PL 101-121 Legal Deadline: NoneTimetable:
Action Date FR Cite
Next Action Undetermined Interim Final Rule Effective 03/06/2003
Interim Final Rule 03/06/2003 68 FR 10912 Interim Final Rule Comment Period End 04/07/2003

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Federalism: No Energy Affected: No Agency Contact: Michael Russell Deputy Associate General Counsel for General Law Department of Homeland Security Office of the Secretary Office of the General Counsel Washington , DC 20528 Phone: 202 447-3526 FAX: 202 447-3111 E-Mail: michael.d.russell@dhs.gov

Department of Homeland Security (DHS) Office of the Secretary ( OS ) RIN: 1601-AA23

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Title: Collection of Nontax Debts Owed to the Department of Homeland Security Abstract: This rule implements the Department of Homeland Security's (DHS) debt collection regulations to conform to the Debt Collection Act of 1982, Public Law 97-365, 96 Stat. 1749 (October 25, 1982), as amended by the Debt Collection Improvement Act of 1996 (DCIA), Public Law 104-134, 110 Stat. 1321, 1358 (April 26, 1996); the Federal Claims Collection Standards, 31 CFR chapter IX (parts 900 through 904); and other laws applicable to the collection of nontax debts owed to DHS entities. DHS adopts the Governmentwide debt collection standards promulgated by the Departments of the Treasury and Justice, known as the Federal Claims Collection Standards (FCCS), as revised on November 22, 2000 (65 FR 70390), and supplements the FCCS by prescribing procedures consistent with the FCCS, as necessary and appropriate for DHS operations. DHS entities may, but are not required to, promulgate additional policies and procedures consistent with this regulation, the FCCS, and other applicable Federal laws, policies, and procedures. This regulation also provides the procedures for the collection of debts owed to other Federal agencies when a request for offset is received by DHS. This regulation does not apply to the collection of tax debts, which is governed by the Internal Revenue Code of 1986 (26 U.S.C. et seq.), and regulations, policies, and procedures issued by the Internal Revenue Service or other Federal agency collecting tax debts. Nothing in this regulation precludes the use of collection remedies not contained in this regulation. For example, DHS entities may collect unused travel advances through offset of an employee's pay under 5 U.S.C. 5705. DHS entities and other Federal agencies may simultaneously use multiple collection remedies to collect a debt, except as prohibited by law.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 6 CFR 11.1 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: PL 107-296; 116 stat 2135; 5 USC 301; 5 USC 5514; 26 USC 6402; 31 USC 3701; 31 USC 3711; 31 USC 3716 to 3718; 31 USC 3720A and 3720B; 31 USC 3720D; ... Legal Deadline: None

Timetable:
Action Date FR Cite
Next Action Undetermined Interim Final Rule Effective 01/30/2007
Interim Final Rule 01/30/2007 72 FR 4189 Interim Final Rule Comment Period End 03/01/2007

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.govAgency Contact: Michael Russell Deputy Associate General Counsel for General Law Department of Homeland Security Office of the Secretary Office of the General Counsel Washington , DC 20528 Phone: 202 447-3526 FAX: 202 447-3111 E-Mail: michael.d.russell@dhs.gov

Department of Homeland Security (DHS) Office of the Secretary ( OS ) RIN: 1601-AA28

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Title: Homeland Security Acquisition Regulation (HSAR): Revision Initiative Abstract: The Department of Homeland Security is proposing to issue changes to the Department of Homeland Security Acquisition Regulation (HSAR) as authorized by 41 U.S.C. 418b. The changes will update DHS policies and procedures; implement section 695, title VI of the Department of Homeland Security Appropriations Act for 2007; and incorporate revised agency acquisition regulatory language as necessary in parts 3001 through 3052 to correspond with the current Federal Acquisition Regulation (FAR) as promulgated by the Federal Acquisition Circulars (FACs), and current Department of Homeland Security policies.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: Undetermined CFR Citation: 48 CFR 3001 to 3052 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 41 USC 418b(a) and 418(b) Legal Deadline: None

Timetable:
Action Date FR Cite
Final Rule 00/00/0000
NPRM 09/13/2010 75 FR 55529 NPRM Comment Period End 11/12/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Agency Contact: Teresa McConahie Department of Homeland Security Office of the Secretary Office of the Chief of Procurement Officer Washington , DC 20528 Phone: 202 447-0271 E-Mail: teresa.mcconahie@dhs.gov

Department of Homeland Security (DHS) Office of the Secretary ( OS ) RIN: 1601-AA40

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Title: Nondiscrimination in Matters Pertaining to Faith-Based Organizations Abstract: This rule implements Executive Branch policy that, consistent with constitutional church-state parameters, faithbased organizations compete on an equal footing with other organizations for Federal funding, and participate on an equal footing with other organizations in federally-funded activities. This rulemaking is intended to ensure that the Department's programs are implemented in a manner consistent with the requirements of the First Amendment to the Constitution.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 6 CFR 19 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: EO 13279; EO 13403Legal Deadline: None

Timetable:
Action Date FR Cite
Next Action Undetermined
NPRM 01/14/2008 73 FR 2187 NPRM Comment Period End 02/13/2008

Regulatory Flexibility Analysis Required: No Government Levels Affected: State Small Entities Affected: Organizations Federalism: No Energy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: David L. Myers Director, DHS Center for Faith Based and Community Initiatives Department of Homeland Security Office of the Secretary 500 C Street SW. Washington , DC 20472-3100 Phone: 202 646-4380 FAX: 202 646-2689 E-Mail: david.myers1@dhs.gov

Department of Homeland Security (DHS) Office of the Secretary ( OS ) RIN: 1601-AA46

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Title: Implementation of OMB Guidance on Nonprocurement Debarment and Suspension Abstract: The Department of Homeland Security proposes to issue a 2 CFR 3000 to implement the Office of Management and Budget (OMB) guidance on nonprocurement debarment and suspension. Through this proposed action, the Department of Homeland Security is joining the existing Governmentwide nonprocurement debarment and suspension system. Prior to the creation of the Department of Homeland Security, Agencies, or parts of Agencies, now located within DHS were already participating in that Governmentwide system.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 2 CFR 3000 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: PL 107-296, 116 Stat 2135; PL 103-355, 108 Stat 3243 Legal Deadline: None

Timetable:
Action Date FR Cite
Next Action Undetermined
Interim Final Rule 07/16/2009 74 FR 34495 Interim Final Rule Comment Period End 08/17/2009
Interim Final Rule Effective 08/17/2009

Additional Information: On August 31, 2005, OMB published guidelines (70 FR 51863), which provided that "Federal agencies must submit proposed regulations to OMB for review within nine months of the issuance of these guidelines and issue final regulations within 18 months of these guidelines." See 2 CFR 180.35. The eighteenth month occurred on February 28, 2007.

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: Van Pace Office of Grant Policy and Oversight Department of Homeland Security Office of the SecretaryWashington , DC 20528 Phone: 202 447-5270 FAX: 202 447-5555 E-Mail: van.pace@dhs.gov

Department of Homeland Security (DHS) Office of the Secretary ( OS ) RIN: 1601-AA53

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Title: Department of Homeland Security (DHS) Human Resources Management System Abstract: The Department of Homeland Security and the Office of Personnel Management are evaluating the status of final regulations that establish a new human resources management system within DHS, as authorized by the Homeland Security Act of 2002. The affected subsystems include those governing basic pay, classification, performance management, labor relations, adverse actions, and employee appeals. These changes were designed to ensure the Department's human resources management system aligns with its critical mission requirements without compromising the statutorily protected civil service rights of its employees.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 5 CFR 9701 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: PL 107-296 Legal Deadline: None

Timetable:
Action Date FR Cite
Next Action Undetermined
Notice 10/07/2008 73 FR 58435

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Related RINs: Related to 3206-AK31; Previously Reported as 1601-AA21 Related Agencies: Joint: OPM
Agency Contact: Robert Lauria Deputy Director for Performance Management Department of Homeland Security Office of the Secretary Office of the Chief Human Capital Officer Washington , DC 20528 Phone: 202 357-8240 E-Mail: robert.lauria@dhs.gov

Department of Homeland Security (DHS) Office of the Secretary ( OS ) RIN: 1601-AA57

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Title: Homeland Security Acquisition Regulation; Restrictions on Foreign Acquisition Abstract: The American Recovery and Reinvestment Act of 2009, Public Law 111-5, section 604 (the Act), contains restrictions on the acquisition of certain foreign textile products on DHS contract actions entered into on or after August 16, 2009, with funds made available to DHS appropriated on or before February 17, 2009, the date of the Act. The Act requires that these funds may not be used for the procurement of certain textile products that are not grown, reprocessed, reused or produced in the United States. In order to implement the statutory requirement, DHS is amending the Homeland Security Acquisition Regulation to add implementing policy. The rule revises 48 CFR part 3025, Foreign Acquisitions, and part 3052, Solicitation Provisions and Contract Clauses, to limit acquisition of covered items under certain DHS acquisitions above the simplified acquisition threshold, unless DHS determines that such items qualify under one of the exceptions provided in the Act.Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 48 CFR 3025 and 3052 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: The American Recovery and Reinvestment Act of 2009, PL 111-5 (Feb. 17, 2009), sec 604; 5 USC 301 and 302 Legal Deadline: The Department of Homeland Security (DHS) is amending its Homeland Security Acquisition Regulation (HSAR) parts 3025 and 3052 to reflect a statutory change limiting the acquisition of products containing textiles from sources outside the United States.
Action Source Description Date

Other Statutory 08/16/2009

Timetable:
Action Date FR Cite Interim Final Rule Effective 08/17/2009
Interim Final Rule 08/17/2009 74 FR 41346 Interim Final Rule Comment Period End 09/16/2009
Final Rule Effective 06/09/2010
Final Rule 06/09/2010 75 FR 32676

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: Business 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: Jeremy F. Olson Senior Procurement Analyst Department of Homeland Security Office of the Secretary Office of the Chief Procurement Officer Washington , DC 20528 Phone: 202 447-5197 FAX: 202 447-5310 E-Mail: jerry.olson@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA41

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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 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; 8 CFR 2 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 whetherpersecution 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 should provide greater stability and clarity in this important area of the law.

Legal Basis: The purpose of this rule is to provide guidance on certain issues that have arisen in the context of asylum and withholding adjudications. The 1951 Geneva Convention relating to the Status of Refugees (1951 Convention) contains the internationally accepted definition of a refugee. United States immigration law incorporates an almost identical definition of a refugee as a person outside his or her country of origin “who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” Section 101(a)(42) of the Immigration and Nationality Act.

Alternatives: A sizable body of interpretive case law has developed around the meaning of the refugee definition. Historically, much of this case law has addressed more traditional asylum and withholding claims based on the protected grounds of race, religion, nationality, or political opinion. In recent years, however, the United States increasingly has encountered asylum and withholding applications with more varied bases, related, for example, to an applicant’s gender or sexual orientation. Many of these new types of claims are based on the ground of "membership in a particular social group," which is the least well-defined of the five protected grounds within the refugee definition. On December 7, 2000, a proposed rule was published in the Federal Register providing guidance on the definitions of “persecution” and “membership in a particular social group.” Prior to publishing a final rule, the Department will be considering how the nexus between persecution and a protected ground might be further conceptualized; how membership in a particular social group might be defined and evaluated; and what constitutes a State’s inability or unwillingness to protect the applicant where the persecution arises from a non-State actor. This rule will provide guidance to the following adjudicators: USCIS asylum officers, Department of Justice Executive Office for Immigration Review (EOIR) immigration judges, and members of the EOIR Board of Immigration Appeals. The alternative to publishing this rule would be to allow the standards governing this area of law to continue to develop piecemeal through administrative and judicial precedent. This approach has resulted in inconsistent and confusing standards, and the Department has therefore determined that promulgation of the final 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 the 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 from this rule, we do not believe this rule will cause a large change in the number of asylum applications filed.

Risks: The failure to promulgate a final rule in this area presents significant risks of further inconsistency and confusion in the law. The Government’s interests in fair, efficient and consistent adjudications would be compromised.
Timetable:
Action Date FR Cite
NPRM 12/07/2000 65 FR 76588 NPRM Comment Period End 01/22/2001
NPRM 03/00/2011 NPRM Comment Period End 05/00/2011

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: Jedidah Hussey Deputy Chief, Asylum Division Department of Homeland Security U.S. Citizenship and Immigration Services Suite 3300, 20 Massachusetts Avenue NW. Washington , DC 20529 Phone: 202 272-1663 E-Mail: jedidah.m.hussey@dhs.govDepartment of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA90

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Title: Implementation of Amendments Affecting Petitions for Employment Creation for Aliens Abstract: This rule proposes amendments to the regulations of the Department of Homeland Security to implement changes made by the 21st Century Department of Justice Appropriations Authorization of 2001. This legislation made various changes to the EB-5 alien immigrant classification.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed 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 ) 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 12/00/2010 NPRM Comment Period End 02/00/2011

Additional Information: CIS No. 2253-03; Regulatory actions announced in 1115-AF27 are merged with this rulemaking. Transferred from RIN 1115-AG93

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Agency Contact: Susan Arroyo Department of Homeland Security U.S. Citizenship and Immigration Services 20 Massachusetts Avenue NW. Washington , DC 20529 Phone: 202 272-8465 FAX: 202 272-1718 E-Mail: susan.arroyo@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB54

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Title: Amendments to Regulatory Provisions Regarding Refugee and Asylee Relative Petitions Abstract: This rule proposes to amend the Department of Homeland Security (DHS) regulations governing the adjudication of petitions for the spouses and children of refugees and asylees to join the principal refugee or asylee. These changes are intended to eliminate vulnerabilities in the current system by enabling DHS to examine the eligibility of beneficiaries and create a mechanism to suspend the petition while DHS seeks to verify the validity of the petitioner’s underlying grant of asylum or refugee admission. The rule proposes to allocate jurisdiction over derivative asylum claims among U.S. Citizenship and Immigration Services and the Department of Justice, Executive Office for Immigration Review, and to clarify the distinction between approval of the petition and conveyance of status upon the beneficiary. The rule also proposes to amend the regulations to reflect changes in derivative eligibility following enactment of the Child Status Protection Act.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 8 CFR 207 to 209 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1157(c)(2); PL 107-208, sec 116 Stat 927 Legal Deadline: NoneTimetable:
Action Date FR Cite
NPRM 06/00/2011 NPRM Comment Period End 08/00/2011

Additional Information: CIS No. 2372-06

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Jedidah Hussey Deputy Chief, Asylum Division Department of Homeland Security U.S. Citizenship and Immigration Services Suite 3300, 20 Massachusetts Avenue NW. Washington , DC 20529 Phone: 202 272-1663 E-Mail: jedidah.m.hussey@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB57

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Title: Classification of Adopted Aliens as Children of United States Citizens Based on Adoptions That Are Not Governed by the Hague Convention Abstract: This rule proposes to amend Department of Homeland Security (DHS) regulations relating to intercountry adoptions in cases that are not governed by the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, signed at The Hague on May 29, 1993 (Convention). First, the rule proposes amendments to the rules governing adoption cases under section 101(b)(1)(E) of the Immigration and Nationality Act (the Act). Second, it also proposes amendments to the rules governing the immigration of alien orphans under section 101(b)(1)(F) of the Act. These amendments are needed to clarify the rules for both case types, and to incorporate into the regulations recent statutory amendments. For the orphan cases, these amendments will also improve the ability to assure the protection of the best interests of alien orphans whose adoption is sought by U.S. citizens.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 8 CFR 103; 8 CFR 204; 8 CFR 299 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1151; 8 USC 1153 and 1154; 8 USC 1182; 8 USC 1186a; 8 USC 1255; 8 USC 1641 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 09/00/2011

Additional Information: CIS No. 2406-07

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Energy Affected: No Agency Contact: John W. Bird Deputy Chief, International Operations Division Department of Homeland Security U.S. Citizenship and Immigration Services Refugee, Asylum and International Operations Directorate 20 Massachusetts Avenue NW. Washington , DC 20529-3200 Phone: 202 272-1663 E-Mail: jwally.bird@dhs.govDepartment of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB71

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Title: Registration Requirement for Petitioners Seeking to File H-1B Petitions on Behalf of Aliens Subject to Numerical Limitations Abstract: The Department of Homeland Security is proposing to amend its regulations governing petitions filed on behalf of alien workers subject to annual numerical limitations. This rule proposes an electronic registration program for petitions subject to numerical limitations contained in the Immigration and Nationality Act (the Act). Initially, the program would be for the H-1B nonimmigrant classification; however, other nonimmigrant classifications will be added as needed. This action is necessary because the demand for H-1B 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.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 8 CFR 103; 8 CFR 299 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1184(g) Legal Deadline: None

Regulatory Plan:
Statement of Need: U.S. Citizenship and Immigration Services (USCIS) proposes to establish a mandatory Internet-based electronic registration process for U.S. employers seeking to file H-1B petitions for alien workers subject to either the 65,000 or 20,000 caps. This registration process would allow U.S. employers to electronically register for consideration of available H-1B cap numbers. The mandatory proposed registration process will alleviate administrative burdens on USCIS service centers and eliminate the need for U.S. employers to needlessly prepare and file H-1B petitions without any certainty that an H-1B cap number will ultimately be allocated to the beneficiary named on that petition.

Legal Basis: Section 214(g) of the Immigration and Nationality Act provides limits on the number of alien temporary workers who may be granted H-1B nonimmigrant status each fiscal year (commonly known as the "cap"). USCIS has responsibility for monitoring the requests for H-1B workers and administers the distribution of available H-1B cap numbers in light of these limits.

Alternatives: To ensure a fair and orderly distribution of H-1B cap numbers, USCIS evaluated its current random selection process, and has found that when it receives a significant number of H-1B petitions within the first few days of the H-1B filing period, it is extremely difficult to handle the volume of petitions received in advance of the H-1B random selection process. Further, the current petition process of preparing and mailing H-1B petitions, with the required filing fee, can be burdensome and costly for employers, if the petition is returned because the cap was reached and the petition was not selected in the random selection process. Accordingly, this rule proposes to implement a new process to allow U.S. employers to electronically register for consideration of available H-1B cap numbers without having to first prepare and submit the petition.

Costs and Benefits: USCIS estimates that this rule will result in a net benefit to society. Currently, employers submit a petition, at great expense, without any certainty that an H-1B cap number will ultimately be allocated to the beneficiary named on the petition. The new mandatory, Internet-based registration system allows employers to complete a much shorter and less expensive registration process for consideration of available H-1B cap numbers. The new system will also relieve a significant administrative burden and expense from USCIS. This rule will reduce costs for some employers and increase them for others. For employers that are not allocated a cap number and therefore do not ultimately file a petition, there will be a significant cost savings. Employers that are allocated a cap number and ultimately file a petition will experience the new and additional cost of filing the registration. Additionally, USCIS will incur additional costs to implement and maintain the registration system. USCIS has weighed the benefits and costs associated with this rule and determined that the benefits to society outweigh the costs.

Risks: There is a risk that a petitioner will submit multiple petitions for the same H-1B beneficiary so that the U.S. employer will have a better chance of his or her petition being selected. Accordingly, should USCIS receive multiple petitions for the same H-1B beneficiary by the same petitioner, the system will only accept the first petition and reject the duplicate petitions.
Timetable:
Action Date FR Cite
NPRM 01/00/2011 NPRM Comment Period End 03/00/2011

Additional Information: USCIS 2443-08

Regulatory Flexibility Analysis Required: Business Government Levels Affected: NoFederalism: No 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 E-Mail: cf1young@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB72

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Title: Documents and Receipts Acceptable for Employment Eligibility Verification Abstract: This rule proposes amendments to regulations governing the types of acceptable identity and employment authorization documents and receipts that employees may present to their employers for completion of the Form I-9, Employment Eligibility Verification. The effect of the proposed changes would be to improve the integrity of employment verification process by ensuring that the list contains secure and fraud-resistant documents and adding safeguards to the verification process.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 8 CFR 274a (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1324a Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 05/00/2011 NPRM Comment Period End 07/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State Small Entities Affected: Business Federalism: No Energy Affected: No Related RINs: Related to 1615-AB69 Agency Contact: Miriam Hetfield Branch Chief, E-Verify Operations Department of Homeland Security U.S. Citizenship and Immigration Services Verification Division Suite 200, 131 M Street NE. Washington , DC 20529-2610 Phone: 202 443-0258 FAX: 202 443-0215 E-Mail: miriam.hetfield@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB81

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Title: Special Immigrant Juvenile Petitions Abstract: This rule makes procedural changes and resolves interpretive issues following the amendments mandated by Congress. It will enable juvenile aliens who have been abused, neglected, or abandoned and placed in State custody by a juvenile court, to obtain special immigrant status. Such status will enable these juveniles to be placed into more stable environment.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: Undetermined 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 10/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Laura M. Dawkins Chief, Family Immigration and Victim Protection Division Department of Homeland Security U.S. Citizenship and Immigration Services 20 Massachusetts Avenue NW. Suite 1200 Washington , DC 20529 Phone: 202 272-1470 FAX: 202 272-1480 E-Mail: laura.dawkins@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB88

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Title: Qualifications, Designation and Duties of Civil Surgeons, and Revocation of Civil Surgeon Designations Abstract: Civil surgeons are physicians authorized to conduct legally required medical examinations of aliens applying for certain immigration benefits. The Department of Homeland Security regulations do not define uniform standards for civil surgeon designation or procedures for granting and revoking civil surgeon designations. This rule proposes to amend the regulations to clearly define the roles and responsibilities of the civil surgeon, as well as the role of U.S. Citizenship and Immigration Services which is responsible for administering the civil surgeon program.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 8 CFR 103; 8 CFR 242 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1103; 8 USC 1222; 8 USC 1224; ... Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 02/00/2011 NPRM Comment Period End 04/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No Agency Contact: Kevin J. Cummings Chief of Business and Foreign Workers Division Department of Homeland Security U.S. Citizenship and Immigration Services Office of Policy and Strategy 20 Massachusetts Avenue NW. Washington , DC 20529-2140 Phone: 202 272-8410 FAX: 202 272-1542 E-Mail: kevin.cummings@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB89View Related Documents

Title: Exception to the Persecution Bar for Asylum, Refugee, and Temporary Protected Status, and Withholding of Removal Abstract: This joint rule proposes amendments to Department of Homeland Security (DHS) and Department of Justice (DOJ) regulations to describe the circumstances under which an applicant will continue to be eligible for asylum, refugee, or temporary protected status, special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act, and withholding of removal, even if DHS or DOJ has determined that the applicant’s actions contributed, in some way, to the persecution of others. The purpose of this rule is to resolve ambiguity in the statutory language precluding eligibility for asylum, refugee, and temporary protected status of an applicant who ordered, incited, assisted, or otherwise participated in the persecution of others. The proposed amendment would provide a limited exception for actions taken by the applicant under duress and clarify the required levels of the applicant’s knowledge of the persecution.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 8 CFR 1; 8 CFR 208; 8 CFR 244; 8 CFR 1244; ... (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1158; 8 USC 1226; PL 107-26; PL 110-229; ... Legal Deadline: None

Regulatory Plan:
Statement of Need: This rule resolves ambiguity in the statutory language precluding eligibility for asylum, refugee, and temporary protected status of an applicant who ordered, incited, assisted, or otherwise participated in the persecution of others. The proposed amendment would provide a limited exception for actions taken by the applicant under duress and clarify the required levels of the applicant’s knowledge of the persecution.

Legal Basis: In Negusie v. Holder, 129 S. Ct. 1159 (2009), the Supreme Court addressed whether the persecutor bar should apply where an alien's actions were taken under duress. DHS believe that this is an appropriate subject for rulemaking and propose to amend the applicable regulations to set out their 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, however, would confuse adjudicators and the public.

Costs and Benefits: The programs affected by this rule exist so that the United States may respond effectively to global humanitarian situations and assist people who are in need. USCIS provides a number of humanitarian programs and protection to assist individuals in need of shelter or aid from disasters, oppression, emergency medical issues, and other urgent circumstances. This rule will advance the humanitarian goals of the asylum/refugee program, and other specialized programs. The main benefits of such tend to be intangible and difficult to quantify in economic and monetary terms. These forms of relief have not been available to certain persecutors. This rule will allow an exception to this bar from protection for applicants who can meet the appropriate evidentiary standard. Consequently, this rule may result in a small increase in the number of applicants for humanitarian programs. To the extent a small increase in applicants occurs, there could be additional fee costs incurred by these applicants.

Risks: If DHS were not to publish a regulation, the public would face a lengthy period of confusion on these issues. There could also be inconsistent interpretations of the statutory language, leading to significant litigation and delay for the affected public.
Timetable:
Action Date FR Cite
NPRM 03/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Molly Groom Office of the Chief Counsel Department of Homeland Security U.S. Citizenship and Immigration Services 20 Massachusetts Avenue NW. Washington , DC 20259 Phone: 202 272-1400 FAX: 202 272-1408E-Mail: molly.groom@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB90

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Title: Ineffective Assistance of Counsel Claims in Asylum Cases Abstract: The purpose of this proposed rule is to revise the uniform procedural and substantive requirements for finding an “extraordinary circumstance” for purposes of the one-year asylum filing deadline based on claims of ineffective assistance of counsel. This rule is intended to clarify the documentary requirements for claiming ineffective assistance of counsel. This is necessary because the alien’s failure to submit evidence on key issues, or copies of relevant documents may not fulfill his or her burden of proof to establish an “extraordinary circumstance” and it can result in a referral or denial of the asylum application based on the failure to meet the one-year filing deadline.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 8 CFR 208 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1158; ... Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 01/00/2011 NPRM Comment Period End 03/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Jedidah Hussey Deputy Chief, Asylum Division Department of Homeland Security U.S. Citizenship and Immigration Services Suite 3300, 20 Massachusetts Avenue NW. Washington , DC 20529 Phone: 202 272-1663 E-Mail: jedidah.m.hussey@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA03

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Title: Petition To Classify Alien as Immediate Relative of a U.S. Citizen or as a Preference Immigrant; Self-Petitioning for Certain Battered or Abused Alien Spouses and Children Abstract: In 1996, the Immigration and Naturalization Service published an interim rule on this subject at 61 FR 13061. The USCIS, formerly the Immigration and Naturalization Service, received a number of comments in response to that rulemaking. Most of those comments have since been overcome by events, namely new legislation. In October 2000, the President signed the Victims of Trafficking and Violence Protection Act, Public Law 106-386, which contained numerous amendments to the battered spouse provisions contained in the Immigration and Nationality Act (INA). More recently, the Violence Against Women and Department of Justice Reauthorization Act of 2005, Public Law 109-162 (January 5, 2006), made further amendments to the battered spouse provisions of the INA. The Department issued another interim final rule to make the changes required by the recent legislation and to provide an opportunity for notice and comment.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 8 CFR 204; 8 CFR 205; 8 CFR 216; 8 CFR 245; 8 CFR 274a (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1101; PL 103-322; 8 USC 1103; 8 USC 1151; 8 USC 1153 and 1154; 8 USC 1182; 8 USC 1186a;8 USC 1255; 8 USC 1105a Legal Deadline: None

Timetable:
Action Date FR Cite Interim Final Rule Effective 03/26/1996
Interim Final Rule 03/26/1996 61 FR 13061 Interim Final Rule Comment Period End 05/28/1996
Interim Final Rule 06/00/2011 Interim Final Rule Comment Period End 08/00/2011

Additional Information: New CIS No. 2442-08 CIS No. 1705-95 Transferred from RIN 1115-AE04

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: No Federalism: No Agency Contact: Laura M. Dawkins Chief, Family Immigration and Victim Protection Division Department of Homeland Security U.S. Citizenship and Immigration Services 20 Massachusetts Avenue NW. Suite 1200 Washington , DC 20529 Phone: 202 272-1470 FAX: 202 272-1480 E-Mail: laura.dawkins@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA22

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Title: Inadmissibility and Deportability on Public Charge Grounds Abstract: The Department of Homeland Security (the Department, or DHS) is amending its regulations governing determinations of whether an alien is inadmissible to the United States, ineligible to adjust status to lawful permanent resident, or has become deportable on public charge grounds. This rule is intended to alleviate confusion over the meaning of the term "public charge" in immigration law, reduce negative consequences generated by this confusion, and provide aliens with better guidance as to the types of public benefits that will and will not be considered in public charge determinations. This interim rule also addresses the public comments on the legacy Immigration and Naturalization Service proposed public charge rule published on May 26, 1999, at 64 FR 28676.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 8 CFR 212; 8 CFR 237 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1101 to 1103; 8 USC 1182 and 1183; ... Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 05/26/1999 64 FR 28676 NPRM Comment Period End 07/26/1999
Interim Final Rule 02/00/2011 Interim Final Rule Comment Period End 04/00/2011

Additional Information: CIS No. 1989-99 Transferred from RIN 1115-AF45

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Alice Smith Office of the Chief Counsel Department of Homeland SecurityU.S. Citizenship and Immigration Services 20 Massachusetts Avenue NW. Washington , DC 20529 Phone: 202 272-1400 FAX: 202 272-1405 E-Mail: alice.smith@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA24

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Title: Application for Refugee Status; Acceptable Sponsorship Agreement Guaranty of Transportation Abstract: Section 207 of the Immigration and Nationality Act authorizes the Attorney General to admit refugees to the United States under certain conditions, including those provided for by regulation. That authority was delegated to the Secretary of Homeland Security under the Homeland Security Act. DHS regulations require that sponsorship agreements be secured before an applicant is granted admission as a refugee at a U.S. port-of-entry. The determination of whether or not someone is classified as a refugee is described in the Act as a separate decision from whether a refugee may be admitted to the United States in refugee status. This rule amends DHS regulations by removing language that erroneously implies that DHS requires a sponsorship agreement and guaranty of transportation prior to determining whether an applicant is a refugee. This rule is necessary to clarify issues in the existing regulation.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 8 CFR 207 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1151; 8 USC 1157 and 1158 Legal Deadline: None

Timetable:
Action Date FR Cite
Interim Final Rule 05/21/1999 64 FR 27660 Interim Final Rule Comment Period End 07/20/1999
Final Action 12/00/2010

Additional Information: CIS No. 1999-99; Transferred from RIN 1115-AF49; Rule is being adopted as a final rule in RIN 1615-AB83.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Agency Contact: Jennifer Higgins Department of Homeland Security U.S. Citizenship and Immigration Services 111 Massachusetts Avenue NW. Suite 800 Washington , DC 20529 Phone: 202 272-0979 E-Mail: jennifer.b.higgins@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA29

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Title: Battered and Abused Conditional Residents; Termination of Marriage by Conditional Residents Abstract: Enacted on November 10, 1986, the Immigration Marriage Fraud Amendments of 1986 (IMFA), made a number of changes to the Immigration and Nationality Act (Act) to deter aliens from marrying solely to obtain immigration benefits. IMFA established a conditional resident status for aliens who obtained lawful permanent resident status based upon a marriage of less than 2 years' duration. The interim rule published on May 16, 1991, established procedures to allow a conditional resident who married in good faith but whose marriage was terminated by the United States citizen or lawful permanent resident spouse to seek a waiver of the joint filing requirement. The interim rule published on May 16, 1991, also was necessary to provide a method by which a battered conditional resident, or a conditional resident parent of an abused conditional resident child, mayapply for removal of the conditional basis of resident status without filing a joint petition. This final rule implements certain technical changes made by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and addresses comments received in response to the interim rule published on May 16, 1991.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 8 CFR 216; 8 CFR 299 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1154; 8 USC 1184; 8 USC 1186a Legal Deadline: None

Timetable:
Action Date FR Cite
Interim Final Rule 05/16/1991 56 FR 22635
Final Action 06/00/2011

Additional Information: Interim Rule for CIS No. 1423-91 published on May 16, 1991. Transferred from RIN 1115-AF59

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Agency Contact: Laura M. Dawkins Chief, Family Immigration and Victim Protection Division Department of Homeland Security U.S. Citizenship and Immigration Services 20 Massachusetts Avenue NW. Suite 1200 Washington , DC 20529 Phone: 202 272-1470 FAX: 202 272-1480 E-Mail: laura.dawkins@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA30

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Title: Revoking Grants of Naturalization Abstract: This rule amends DHS regulations by rescinding the regulations relating to administrative revocation of naturalization. This change is necessary since the previous regulations at 8 CFR 340.1 were invalidated on July 20, 2000, by the Ninth Circuit Court of Appeals in the class action lawsuit Gorbach v. Reno, 219 F.3d 1087 (9th Cir. 2000), and final injunction prohibiting the use of these regulations on February 14, 2001.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 8 CFR 340 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1103; 8 USC 1443 Legal Deadline: None

Timetable:
Action Date FR Cite
Interim Final Rule 03/31/2000 65 FR 17127 Interim Final Rule Comment Period End 05/30/2000
Final Rule 12/00/2010

Additional Information: CIS No.1858-97 Transferred from RIN 1115-AF63; Rule is being adopted as a final rule in RIN 1615-AB83.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Agency Contact: Jack Bulger Department of Homeland Security U.S. Citizenship and Immigration Services 20 Massachusetts Avenue NW.Washington , DC 20529 Phone: 202 272-1001 FAX: 202 272-1008 E-Mail: jack.bulger@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA42

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Title: Petition To Classify Alien as Immediate Relative of a U.S. Citizen or Preference Immigrant; Adjustment of Status to That of a Person Admitted for Permanent Residence Abstract: This final rule amends regulations of the Department of Homeland Security to provide an exception from the general prohibition against approval of immigration benefits based upon a marriage entered into during removal proceedings. The rule creates a good faith exception to the prohibition. This final rule completes the regulatory implementation of the Immigration Act of 1990.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 8 CFR 204; 8 CFR 245 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1151; 8 USC 1153 and 1154; ... Legal Deadline: None

Timetable:
Action Date FR Cite
Interim Final Rule 06/20/1991 56 FR 28311 Interim Final Rule Comment Period End 07/20/1991
Final Action 06/00/2011

Additional Information: See CIS No. 1419-91 Transferred from RIN 1115-AF94.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Agency Contact: Laura M. Dawkins Chief, Family Immigration and Victim Protection Division Department of Homeland Security U.S. Citizenship and Immigration Services 20 Massachusetts Avenue NW. Suite 1200 Washington , DC 20529 Phone: 202 272-1470 FAX: 202 272-1480 E-Mail: laura.dawkins@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA57

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Title: Adjustment of Status for Certain Syrian Nationals Granted Asylum in the United States Abstract: On October 27, 2000, President Clinton signed into law Public Law 106-378, Adjustment of Status of Certain Syrian Nationals, which provides for the adjustment of status to lawful permanent resident of certain Syrian nationals, without regard to the annual numerical limitation requirement. This interim final rule discusses eligibility and sets forth application procedures for persons wishing to adjust status on the basis of Public Law 106-378. The Department issued this action as an interim rule because Public Law 106-378 provided for a one-year application period, which ended on October 26, 2001. Publication of the interim final rule ensured that applicants were provided with as much time as possible to apply for the benefits under Public Law 106-378.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: NoCFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1182; 8 USC 1255 Legal Deadline: None

Timetable:
Action Date FR Cite Interim Final Rule Effective 05/17/2001
Interim Final Rule 05/17/2001 66 FR 27445 Interim Final Rule Comment Period End 07/17/2001
Final Action 12/00/2010

Additional Information: Transferred from RIN 1115-AG13; Rule is being adapted as a Final Rule in RIN 1615-AB83

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Agency Contact: Mark Phillips Chief, Residence and Naturalization Division Department of Homeland Security U.S. Citizenship and Immigration Services Office of Policy and Strategy 20 Massachusetts Avenue NW. Suite 2304 Washington , DC 20529 Phone: 202 272-8398 FAX: 202 272-8518 E-Mail: mark.phillips@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA59

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Title: New Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for T Nonimmigrant Status Abstract: T classification was created by 107(e) of the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA), Public Law 106-386. The T nonimmigrant classification was designed for eligible victims of severe forms of trafficking in persons who aid law enforcement with their investigation or prosecution of the traffickers, and who can establish that they would suffer extreme hardship involving unusual and severe harm if they were removed from the United States. The rule establishes application procedures and responsibilities for the Department of Homeland Security and provides guidance to the public on how to meet certain requirements to obtain T nonimmigrant status. The Trafficking Victims Protection Reauthorization Act of 2008, Public Law 110-457, made amendments to the T nonimmigrant status provisions of the Immigration and Naturalization Act. The Department will issue another interim final rule to make the changes required by recent legislation and to provide the opportunity for notice and comment.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 8 CFR 103; 8 CFR 212; 8 CFR 214; 8 CFR 274a; 8 CFR 299 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 552; 5 USC 552a; 8 USC 1101 to 1104; 8 USC 1182; 8 USC 1184; 8 USC 1187; 8 USC 1201; 8 USC 1224 to 1227; 8 USC 1252 to 1252a; 22 USC 7101; 22 USC 7105; ... Legal Deadline: None

Regulatory Plan:
Statement of Need: T nonimmigrant status is available to eligible victims of severe forms of trafficking in persons who have complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking in persons, and who can demonstrate that they would suffer extreme hardship involving unusual and severe harm if removed from the United States. This rule addresses the essential elements that must be demonstrated for classification as a T nonimmigrant alien; the procedures to be followed by applicants to apply for T nonimmigrant status; and evidentiary guidance to assist in the application process.

Legal Basis: Section 107(e) of the Trafficking Victims Protection Act (TVPA), Public Law 106-386, as amended, established the T classification to create a safe haven for certain eligible victims of severe forms of trafficking in persons, who assist law enforcement authorities in investigating and prosecuting the perpetrators of these crimes.Alternatives: To develop a comprehensive Federal approach to identifying victims of severe forms of trafficking in persons, to provide them with benefits and services, and to enhance the Department of Justice’s ability to prosecute traffickers and prevent trafficking in persons in the first place, a series of meetings with stakeholders were conducted with representatives from key Federal agencies; national, State, and local law enforcement associations; non-profit, community-based victim rights organizations; and other groups. Suggestions from these stakeholders were used in the drafting of this regulation.

Costs and Benefits: There is no cost to applicants associated with this regulation. Applicants for T nonimmigrant status do not pay application or biometric fees. The anticipated benefits of these expenditures include: Assistance to trafficked victims and their families, prosecution of traffickers in persons, and the elimination of abuses caused by trafficking activities. Benefits which may be attributed to the implementation of this rule are expected to be: 1. An increase in the number of cases brought forward for investigation and/or prosecution; 2. Heightened awareness by the law enforcement community of trafficking in persons; 3. Enhanced ability to develop and work cases in trafficking in persons cross-organizationally and multi-jurisdictionally, which may begin to influence changes in trafficking patterns.

Risks: There is a 5,000-person limit to the number of individuals who can be granted T-1 status per fiscal year. Eligible applicants who are not granted T-1 status due solely to the numerical limit will be placed on a waiting list to be maintained by U.S. Citizenship and Immigration Services (USCIS). To protect T-1 applicants and their families, USCIS will use various means to prevent the removal of T-1 applicants on the waiting list, and their family members who are eligible for derivative T status, including its existing authority to grant deferred action, parole, and stays of removal.
Timetable:
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 09/00/2011

Additional Information: CIS No. 2132-01; AG Order No. 2554-2002 There is a related rulemaking, CIS No. 2170-01, the new U nonimmigrant status (RIN 1615-AA67). Transferred from RIN 1115-AG19

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State Small Entities Affected: Business; Governmental Jurisdictions; Organizations Federalism: No
Agency Contact: Laura M. Dawkins Chief, Family Immigration and Victim Protection Division Department of Homeland Security U.S. Citizenship and Immigration Services 20 Massachusetts Avenue NW. Suite 1200 Washington , DC 20529 Phone: 202 272-1470 FAX: 202 272-1480 E-Mail: laura.dawkins@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA60

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Title: Adjustment of Status to Lawful Permanent Resident for Aliens in T and U Nonimmigrant Status Abstract: This rule sets forth measures by which certain victims of severe forms of trafficking who have been granted T nonimmigrant status and victims of certain criminal activity who have been granted U nonimmigrant status may apply for adjustment to permanent resident status in accordance with Public Law 106-386, Victims of Trafficking and Violence Protection Act of 2000; and Public Law 109-162, Violence Against Women and Department of Justice Reauthorization Act of 2005. The Trafficking Victims Protection Reauthorization Act of 2008, Public Law 110-457, made amendments to the T nonimmigrant status provisions of the Immigration and Naturalization Act. The Department will issue another interim final rule to make the changes required by recent legislation and to provide the opportunity for notice and comment.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 8 CFR 204; 8 CFR 214; 8 CFR 245 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 552; 5 USC 552a; 8 USC 1101 to 1104; 8 USC 1182; 8 USC 1184; 8 USC 1187; 8 USC 1201; 8 USC 1224 to 1227; 8 USC 1252 to 1252a; 8 USC 1255; 22 USC 7101; 22 USC 7105Legal Deadline: None

Regulatory Plan:
Statement of Need: This regulation is necessary to permit aliens in lawful T or U nonimmigrant status to apply for adjustment of status to that of lawful permanent residents. T nonimmigrant status is available to aliens who are victims of a severe form of trafficking in persons and who are assisting law enforcement in the investigation or prosecution of the acts of trafficking. U nonimmigrant status is available to aliens who are victims of certain crimes and are being helpful to the investigation or prosecution of those crimes.

Legal Basis: This rule implements the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA), Public Law 106- 386, 114 Stat. 1464 (Oct. 28, 2000), as amended, to permit aliens in lawful T or U nonimmigrant status to apply for adjustment of status to that of lawful permanent residents.

Alternatives: USCIS did not consider alternatives to managing T and U applications for adjustment of status. Ease of administration dictates that adjustment of status applications from T and U nonimmigrants would be best handled on a first in, first out basis, because that is the way applications for T and U status are currently handled.

Costs and Benefits: USCIS uses fees to fund the cost of processing applications and associated support benefits. The fees to be collected resulting from this rule will be approximately $3 million in the first year, $1.9 million in the second year, and an average about $32 million in the third and subsequent years. To estimate the new fee collections to be generated by this rule, USCIS estimated the fees to be collected for new applications for adjustment of status from T and U nonimmigrants and their eligible family members. After that, USCIS estimated fees from associated applications that are required such as biometrics, and others that are likely to occur in direct connection with applications for adjustment, such as employment authorization or travel authorization. The anticipated benefits of these expenditures include: Continued assistance to trafficked victims and their families, increased investigation and prosecution of traffickers in persons, and the elimination of abuses caused by trafficking activities. Benefits that may be attributed to the implementation of this rule are expected to be: 1. Anincrease in the number of cases brought forward for investigation and/or prosecution; 2. Heightened awareness of trafficking-inpersons issues by the law enforcement community; and 3. Enhanced ability to develop and work cases in trafficking in persons cross-organizationally and multi-jurisdictionally, which may begin to influence changes in trafficking patterns.

Risks: Congress created the U nonimmigrant status ("U visa") to provide immigration protection to crime victims who assist in the investigation and prosecution of those crimes. Although there are no specific data on alien crime victims, statistics maintained by the Department of Justice have shown that aliens, especially those aliens without legal status, are often reluctant to help in the investigation or prosecution of crimes. U visas are intended to help overcome this reluctance and aid law enforcement accordingly.
Timetable:
Action Date FR Cite
Interim Final Rule 12/12/2008 73 FR 75540 Interim Final Rule Effective 01/12/2009 Interim Final Rule Comment Period End 02/10/2009
Interim Final Rule 09/00/2011

Additional Information: CIS No. 2134-01 Transferred from RIN 1115-AG21

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State Small Entities Affected: No Federalism: No Agency Contact: Laura M. Dawkins Chief, Family Immigration and Victim Protection Division Department of Homeland Security U.S. Citizenship and Immigration Services 20 Massachusetts Avenue NW. Suite 1200 Washington , DC 20529 Phone: 202 272-1470 FAX: 202 272-1480 E-Mail: laura.dawkins@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA67

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Title: New Classification for Victims of Criminal Activity; Eligibility for the "U" Nonimmigrant StatusAbstract: This rule sets forth application requirements for a new nonimmigrant status. The U classification is for non-U.S. Citizen/Lawful Permanent Resident victims of certain crimes who cooperate with an investigation or prosecution of those crimes. There is a limit of 10,000 principals per year. This rule establishes the procedures to be followed in order to petition for the U nonimmigrant classifications. Specifically, the rule addresses the essential elements that must be demonstrated to receive the nonimmigrant classification, procedures that must be followed to make an application, and evidentiary guidance to assist in the petitioning process. Eligible victims will be allowed to remain in the United States. The Trafficking Victims Protection Reauthorization Act of 2008, Public Law 110-457, made amendments to the T nonimmigrant status provisions of the Immigration and Naturalization Act. The Department will issue another interim final rule to make the changes required by recent legislation and to provide the opportunity for notice and comment.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 8 CFR 103; 8 CFR 204; 8 CFR 212; 8 CFR 214; 8 CFR 299 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 552; 5 USC 552a; 8 USC 1101; 8 USC 1101 note; 8 USC 1102 Legal Deadline: None

Regulatory Plan:
Statement of Need: This rule provides requirements and procedures for aliens seeking U nonimmigrant status. U nonimmigrant classification is available to alien victims of certain criminal activity who assist government officials in the investigation or prosecution of that criminal activity. The purpose of the U nonimmigrant classification is to strengthen the ability of law enforcement agencies to investigate and prosecute such crimes as domestic violence, sexual assault, and trafficking in persons, while offering protection to alien crime victims in keeping with the humanitarian interests of the United States.

Legal Basis: Congress created the U nonimmigrant classification in the Battered Immigrant Women Protection Act of 2000 (BIWPA). Congress intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens, and other crimes, while offering protection to victims of such crimes. Congress also sought to encourage law enforcement officials to better serve immigrant crime victims.

Alternatives: USCIS has identified four alternatives, the first being chosen for the rule: 1. USCIS would adjudicate petitions on a first in, first out basis. Petitions received after the limit has been reached would be reviewed to determine whether or not they are approvable, but for the numerical cap. Approvable petitions that are reviewed after the numerical cap has been reached would be placed on a waiting list and written notice sent to the petitioner. Priority on the waiting list would be based upon the date on which the petition is filed. USCIS would provide petitioners on the waiting list with interim relief until the start of the next fiscal year in the form of deferred action, parole, or a stay of removal. 2. USCIS would adjudicate petitions on a first in, first out basis, establishing a waiting list for petitions that are pending or received after the numerical cap has been reached. Priority on the waiting list would be based upon the date on which the petition was filed. USCIS would not provide interim relief to petitioners whose petitions are placed on the waiting list. 3. USCIS would adjudicate petitions on a first in, first out basis. However, new filings would be reviewed to identify particularly compelling cases for adjudication. New filings would be rejected once the numerical cap is reached. No official waiting list would be established; however, interim relief until the start of the next fiscal year would be provided for some compelling cases. If a case was not particularly compelling, the filing would be denied or rejected. 4. USCIS would adjudicate petitions on a first in, first out basis. However, new filings would be rejected once the numerical cap is reached. No waiting list would be established, nor would interim relief be granted.

Costs and Benefits: USCIS estimates the total annual cost of this interim rule to applicants to be $6.2 million. This cost includes the biometric services fee that petitioners must pay to USCIS, the opportunity cost of time needed to submit the required forms, the opportunity cost of time required for a visit to an Application Support Center, and the cost of traveling to an Application Support Center. This rule will strengthen the ability of law enforcement agencies to investigate and prosecute such crimes as domestic violence, sexual assault, and trafficking in persons, while offering protection to alien crime victims in keeping with the humanitarian interests of the United States.

Risks: In the case of witness tampering, obstruction of justice, or perjury, the interpretive challenge for USCIS was to determine whom the BIWPA was meant to protect, given that these criminal activities are not targeted against a person. Accordingly it was determined that a victim of witness tampering, obstruction of justice, or perjury is an alien who has been directly and proximately harmed by the perpetrator of one of these three crimes, where there are reasonable grounds to conclude that the perpetrator principally committed the offense as a means: (1) to avoid or frustrate efforts to investigate, arrest, prosecute, or otherwise bring him or her to justice for other criminal activity; or (2) to further his or her abuse or exploitation of, or undue control over, the alien through manipulation of the legal system.
Timetable:
Action Date FR Cite
Interim Final Rule 09/17/2007 72 FR 53013 Interim Final Rule Effective 10/17/2007 Interim Final Rule Comment Period End 11/17/2007Interim Final Rule 09/00/2011

Additional Information: Transferred from RIN 1115-AG39

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State Small Entities Affected: No Federalism: No Agency Contact: Laura M. Dawkins Chief, Family Immigration and Victim Protection Division Department of Homeland Security U.S. Citizenship and Immigration Services 20 Massachusetts Avenue NW. Suite 1200 Washington , DC 20529 Phone: 202 272-1470 FAX: 202 272-1480 E-Mail: laura.dawkins@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA83

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Title: Electronic Signature on Applications and Petitions for Immigration and Naturalization Benefits Abstract: This rule amends DHS regulations concerning the acceptance of electronic signatures on applications and petitions for immigration and naturalization benefits. The change is necessary to allow the Department to begin accepting electronically filed applications and petitions as required by law. By accepting electronically filed applications and petitions, the Department expects to streamline its information collection process, improve customer service, and move toward fulfilling the mandates of the Government Paperwork Elimination Act.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: 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 552 to 552a; 8 USC 1101; 8 USC 1103; 8 USC 1201; 8 USC 1252 note; ... Legal Deadline: None

Timetable:
Action Date FR Cite
Interim Final Rule 04/29/2003 68 FR 23009 Interim Final Rule Effective 05/29/2003
Final Action 12/00/2010

Additional Information: CIS No. 2224-02 Transferred from RIN 1115-AG79; Rule is being adopted as a Final Rule in RIN 1615-AB83

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Agency Contact: Kathleen Stanley Chief, Lockbox Operations Division Department of Homeland Security U.S. Citizenship and Immigration Services 633 3rd Street NW. Suite 230 Washington , DC 20529 Phone: 202 233-2385 FAX: 202 272-1970 E-Mail: kathleen.stanley@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA96

View Related DocumentsTitle: Eliminating the Numerical Cap on Mexican TN Nonimmigrants Abstract: This rule eliminates the 5,500 annual limit on the number of Mexican professional admissions under the North American Free Trade Agreement (NAFTA). It also eliminates the associated requirement of a petition on Form I-129 and the certified labor condition application. Rather than submit a petition to DHS, aliens seeking TN classification will apply for a TN visa from the State Department. This rule brings the treatment of Mexican TNs under NAFTA closer to that of Canadian TNs.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 8 CFR 214 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1101 to 1103; 8 USC 1182; 8 USC 1184; ... Legal Deadline: None

Timetable:
Action Date FR Cite
Interim Final Rule 03/10/2004 69 FR 11287 Interim Final Rule Comment Period End 05/10/2004
Final Action 12/00/2010

Additional Information: CIS No. 2266-03 Transferred from RIN 1115-AH02; Rule is being adopted as a Final Rule in RIN 1615-AB83

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Susan Arroyo Department of Homeland Security U.S. Citizenship and Immigration Services 20 Massachusetts Avenue NW. Washington , DC 20529 Phone: 202 272-8465 FAX: 202 272-1718 E-Mail: susan.arroyo@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB14

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Title: Classification of Certain Scientists of the Commonwealth of Independent States of the Former Soviet Union and the Baltic States as Employment-Based Immigrants Abstract: The Soviet Scientists Immigration Act of 1992 (SSIA) provided for 750 visas to be provided to eligible scientists and engineers from the former Soviet Union. This program expired on October 24, 1996. Recent legislation extended the eligibility deadline for filing under the SSIA to September 30, 2006, and raised the numerical limit on these visas from 750 to 950. It also required DHS to consult with the Department of State and other agencies regarding previous experiences with the program and their recommendations for making the program more effective. This rule improves administration of the program by requiring each applicant to submit a statement signed by the State Department's Bureau of Nonproliferation (Bureau) regarding his or her qualifications. Because the Bureau has been in close contact with this group of scientists and the organizations that have employed them for a number of years, the Bureau is in a better position than DHS to assess the individual applicant's qualifications. Accordingly, this signed statement will be submitted for the evidence of qualifications previously required under the program.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 8 CFR 204 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1103; 8 USC 1151; 8 USC 1153 and 1154 Legal Deadline: None

Timetable:
Action Date FR CiteInterim Final Rule 04/25/2005 70 FR 21129 Interim Final Rule Effective 05/25/2005 Interim Final Rule Comment Period End 06/24/2005
Final Action 12/00/2010

Additional Information: CIS No. 2277-03; Rule is being adopted as a Final Rule in RIN 1615-AB83

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: Susan Arroyo Department of Homeland Security U.S. Citizenship and Immigration Services 20 Massachusetts Avenue NW. Washington , DC 20529 Phone: 202 272-8465 FAX: 202 272-1718 E-Mail: susan.arroyo@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB35

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Title: Interpretation at Asylum Interviews Abstract: Section 208(d)(5)(B), Authority to Apply for Asylum, under the Immigration and Nationality Act, gives the Secretary the authority to provide by regulation any conditions in consideration of an asylum application. Current regulations require the asylum applicant to bring their interpreter to the asylum interview if the applicant is unable to speak English. This proposed rule would change that condition by requiring USCIS to provide interpreter services for applicants unable to speak English. This rule is necessary to help prevent misunderstanding of genuine asylum seekers' claims due to poor translation.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 8 CFR 208 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Not Yet Determined Legal Deadline: None

Timetable:
Action Date FR Cite
Interim Final Rule 06/00/2011 Interim Final Rule Comment Period End 08/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Jedidah Hussey Deputy Chief, Asylum Division Department of Homeland Security U.S. Citizenship and Immigration Services Suite 3300, 20 Massachusetts Avenue NW. Washington , DC 20529 Phone: 202 272-1663 E-Mail: jedidah.m.hussey@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB36

View Related DocumentsTitle: Application Process for Replacing Forms I-551 Without an Expiration Date Abstract: The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS), issues Alien Registration Receipt Cards I-551 to lawful permanent residents to serve as evidence of immigration status, registration, identity and employment authorization, and as an entry document upon return from a trip outside the United States. Currently there is a population of lawful permanent residents who possess cards that do not have expiration dates. USCIS will be terminating the validity of Forms I-551 that do not have expiration dates. This rule establishes a 120-day period for aliens with Forms I-551 that do not bear expiration dates to apply for replacement cards. This rule also amends the regulations to remove references to outdated application procedures for the I-551. The application process required by this rule will enable USCIS to issue more secure Forms I-551 to affected aliens, update cardholder information, conduct background checks, and electronically store applicants' biometric information that can be used for biometric comparison and authentication purposes consistent with the goals of the Enhanced Border Security and Visa Entry Reform Act of 2002. In addition, this rule establishes the mechanism by which USCIS will notify the public of the termination date for Forms I-551 that do not have expiration dates. This rule alsoamends the regulations to add two documents to the list of forms that constitute evidence of registration: Receipt for the Form I90, Application to Replace Permanent Resident Card, and Receipt for pending Form N-400, Application for Naturalization. Finally, this rule amends the regulations to correct the title and edition date of Form I-551 and Form I-90.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule Major: Yes Unfunded Mandates: No CFR Citation: 8 CFR 103; 8 CFR 211; 8 CFR 245 and 246; 8 CFR 264; 8 CFR 274a (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 301; 5 USC 552 to 552a; 8 USC 1101 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 08/22/2007 72 FR 46922 NPRM Comment Period End 09/21/2007
Final Rule 04/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: Mark Phillips Chief, Residence and Naturalization Division Department of Homeland Security U.S. Citizenship and Immigration Services Office of Policy and Strategy 20 Massachusetts Avenue NW. Suite 2304 Washington , DC 20529 Phone: 202 272-8398 FAX: 202 272-8518 E-Mail: mark.phillips@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB56

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Title: Removing References to Filing Locations and Obsolete References to Legacy Immigration and Naturalization Service Abstract: This rule will amend the Department of Homeland Security (DHS), U.S. Citizenship and Immigrations Services’ (USCIS) regulations to: (1) Remove the Immigration and Naturalization Service (INS) organizational structure from regulations since INS no longer exists; and (2) eliminate from USCIS regulations all references to filing locations so that USCIS may provide such information on petition and application forms and through any other means. This rule will eliminate confusion and obsolete references from USCIS regulations and help the public determine where to file forms with USCIS. It will also result in a more efficient and streamlined process for USCIS to make future changes to filing instructions, allowing the Agency to better manage its workload.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 8 CFR 100; 8 CFR 103; 8 CFR 204; 8 CFR 207 and 208; 8 CFR 211 and 212; 8 CFR 214; 8 CFR 216; 8 CFR236; 8 CFR 244 and 245; 8 CFR 248; 8 CFR 264; 8 CFR 274a; 8 CFR 301; 8 CFR 316; 8 CFR 320; 8 CFR 322; 8 CFR 324; 8 CFR 327 to 330; 8 CFR 334; 8 CFR 392 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 CFR 2.1 Legal Deadline: None

Timetable:
Action Date FR Cite
Interim Final Rule Published 06/05/2009 74 FR 26933 Interim Final Rule Effective 07/06/2009 Interim Final Rule Comment Period End 08/04/2009
Final Action 12/00/2010

Additional Information: CIS No. 2405-07; Rule is being adopted as a final rule in RIN 1615-AB83.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Susan Arroyo Department of Homeland Security U.S. Citizenship and Immigration Services 20 Massachusetts Avenue NW. Washington , DC 20529 Phone: 202 272-8465 FAX: 202 272-1718 E-Mail: susan.arroyo@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB69

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Title: Documents and Receipts Acceptable for Employment Eligibility Verification Abstract: This final rule adopts as final, without change, an interim rule published on December 17, 2008, by the Department of Homeland Security (DHS) at 73 FR 76505 (with the correction published on January 16, 2009, at 74 FR 2838) that amends the regulations governing the types of acceptable identity and employment authorization documents and receipts that employees may present to employers for completion of Form I-9, Employment Eligibility Verification. Under the interim rule, employers could no longer accept expired documents. The interim rule also added a new document to the list of acceptable documents that evidence both identity and employment authorization and made several technical corrections and updates.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 8 CFR 274a (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1324a Legal Deadline: None

Timetable:
Action Date FR Cite
Interim Final Rule 12/17/2008 73 FR 76505 Interim Final Rule Comment Period End 02/02/2009 Interim Final Rule Comment Period Extended 02/02/2009 74 FR 5899 Interim Final Rule; Correction 03/11/2009 74 FR 10455 Interim Final Rule; Correction 04/03/2009 74 FR 10455 Interim Final Rule Comment Period End 04/03/2009
Interim Final Rule Effective 04/03/2009
Final Action 02/00/2011

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 Related RINs: Previously Reported as 1115-AE94; Mergewith 1615-AA01; Related to 1615-AB72 Agency Contact: Miriam Hetfield Branch Chief, E-Verify Operations Department of Homeland Security U.S. Citizenship and Immigration Services Verification Division Suite 200, 131 M Street NE. Washington , DC 20529-2610 Phone: 202 443-0258 FAX: 202 443-0215 E-Mail: miriam.hetfield@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB75

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Title: E-2 Nonimmigrant Status for Aliens in the Commonwealth of the Northern Mariana Islands With Long-Term Investor Status Abstract: This final rule amends Department of Homeland Security regulations governing E-2 nonimmigrant treaty investors to establish procedures for classifying long-term investors in the Commonwealth of the Northern Mariana Islands (CNMI) as E-2 nonimmigrants. This final rule implements the CNMI nonimmigrant investor visa provisions of the Consolidated Natural Resources Act of 2008, extending the immigration laws of the United States to the CNMI.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 8 CFR 214 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1101 to 1103; 8 USC 1182; 8 USC 1184; 8 USC 1186a Legal Deadline: None

Regulatory Plan:
Statement of Need: This final rule responds to a congressional mandate that requires the Federal Government to assume responsibility for visas for entry to CNMI by foreign investors.

Legal Basis:

Alternatives:

Costs and Benefits: Public Costs: This rule reduces the employer’s annual cost by $200 per year ($500-$300), plus any further reduction caused by eliminating the paperwork burden associated with the CNMI’s process. In 2006 to 2007, there were 464 long-term business entry permit holders and 20 perpetual foreign investor entry permit holders and retiree investor permit holders, totaling 484, or approximately 500 foreign registered investors. The total savings to employers from this rule is thus expected to be $100,000 per year ($500 x $200). Cost to the Federal Government: The yearly Federal Government cost is estimated at $42,310. Benefits: The potential abuse of the visa system by those seeking to illegally emigrate from the CNMI to Guam or elsewhere in the United States reduces the integrity of the United States immigration system by increasing the ease by which aliens may unlawfully enter the United States through the CNMI. Federal oversight and regulations of CNMI foreign investors should help reduce abuse by foreign employees in the CNMI, and should help reduce the opportunity for aliens to use the CNMI as an entry point into the United States.

Risks:
Timetable:
Action Date FR Cite
NPRM 09/14/2009 74 FR 46938 NPRM Comment Period End 10/14/2009
Final Action 12/00/2010

Additional Information: CIS No. 2458-08

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Local; State Federalism: No Energy Affected: NoAgency 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 E-Mail: kevin.cummings@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB76

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Title: Commonwealth of the Northern Mariana Islands Transitional Worker Classification Abstract: The Department of Homeland Security (DHS) is creating a new, temporary, Commonwealth of the Northern Mariana Islands (CNMI)-only transitional worker classification (CW classification) in accordance with title VII of the Consolidated Natural Resources Act of 2008 (CNRA). The transitional worker program is intended to provide for an orderly transition from the CNMI permit system to the U.S. Federal immigration system under the Immigration and Nationality Act (INA). A CW transitional worker is an alien worker who is ineligible for another classification under the INA and who performs services or labor for an employer in the CNMI. The CNRA imposes a 5-year transition period before the INA requirements become fully applicable in the CNMI. The new CW classification will be in effect for the duration of that transition period, unless extended by the Secretary of Labor. The rule also establishes employment authorization incident to CW status.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 8 CFR 214.2 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: PL 110-229 Legal Deadline: None

Regulatory Plan:
Statement of Need: Title VII of the Consolidated Natural Resources Act of 2008 (CNRA) created a new, temporary, Commonwealth of the Northern Mariana Islands (CNMI)-only transitional worker classification. The transitional worker program is intended to provide for an orderly transition from the CNMI permit system to the U.S. Federal immigration system under the Immigration and Nationality Act.

Legal Basis:

Alternatives:

Costs and Benefits: Each of the estimated 22,000 CNMI transitional workers will be required to pay a $320 fee per year, for an annualized cost to the affected public of $7 million. However, since these workers will not have to pay CNMI fees, the total present value costs of this rule are a net cost savings ranging from $9.8 million to $13.4 million depending on the validity period of CW status (1 or 2 years), whether out-of-status aliens present in the CNMI are eligible for CW status, and the discount rate applied. The intended benefits of the rule include improvements in national and homeland security and protection of human rights.

Risks:
Timetable:
Action Date FR Cite
Interim Final Rule 10/27/2009 74 FR 55094 Interim Final Rule Comment Period End 11/27/2009 Interim Final Rule Comment Period End Extended 12/09/2009 74 FR 64997 Interim Final Rule Comment Period End 01/08/2010
Final Action 03/00/2011

Regulatory Flexibility Analysis Required: Business Government Levels Affected: State Federalism: No Energy Affected: No Agency Contact: Kevin J. CummingsChief 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 E-Mail: kevin.cummings@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB77

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Title: Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands Abstract: On October 28, 2009, the Department of Homeland Security (DHS) and the Department of Justice (DOJ) published a joint interim final rule in the Federal Register implementing conforming amendments to their respective 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 with additional changes to provisions concerning adjustment of status and change of status of aliens in the CNMI, immigrant petitions for multinational executives, acceptable documents for employment eligibility verification (Form I-9), and the Northern Marianas identification card. It is intended that such changes will ameliorate any adverse impact that implementation of the CNRA may have on CNMI employers and alien workers.

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: The Department of Homeland Security (DHS) and the Department of Justice (DOJ) are implementing conforming amendments to their respective 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 amends the regulations governing: Asylum and credible fear of persecution determinations; references to the geographical “United States” and its territories and possessions; alien classifications authorized for employment; documentation acceptable for Employment Eligibility Verification; employment of unauthorized aliens; and adjustment of status of immediate relatives admitted under the Guam-CNMI Visa Waiver Program. Additionally, this rule makes a technical change to correct a citation error in the regulations governing the Visa Waiver Program and the regulations governing asylum and withholding of removal.

Legal Basis:

Alternatives:

Costs and Benefits: The stated goals of the CNRA are to ensure effective border control procedures, to properly address national security and homeland security concerns by extending U.S. immigration law to the CNMI, and to maximize the CNMI's potential for future economic and business growth. While those goals are expected to be partly facilitated by the changes made in this rule, they are general and qualitative in nature. There are no specific changes made by this rule with sufficiently identifiable direct or indirect economic impacts so as to be quantified.

Risks:
Timetable:
Action Date FR Cite
Interim Final Rule 10/28/2009 74 FR 55725 Interim Final Rule Comment Period End 11/27/2009 Correction 12/22/2009 74 FR 67969
Final Action 03/00/2011Additional Information: CIS 2460-08

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Kevin Cummings Branch Chief, Business and Trade Services Department of Homeland Security U.S. Citizenship and Immigration Services Second Floor Office of Program and Regulations Development 20 Massachusetts Avenue NW. Washington , DC 20529 Phone: 202 272-8412 FAX: 202 272-1452 E-Mail: kevin.cummings@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB83

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Title: Immigration Transformation, Increment I Abstract: U.S. Citizenship and Immigration Services (USCIS) is beginning a phased multi-year business transformation initiative to restructure its business processes and related information technology systems. This will enable USCIS to migrate from a paper forms-based, non-integrated systems environment to an electronic customer-focused, centralized case management environment for benefit processing. The Department of Homeland Security (DHS) is amending its regulations to streamline benefit processing, eliminate the capture and processing of redundant data, and automate and reduce the number of its forms.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 8 CFR 1; 8 CFR 103; 8 CFR 208; 8 CFR 209 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 301; 8 USC 1101; 8 USC 1103; 8 USC 1304; 8 USC 1356; PL 107-296, sec 2135; ... Legal Deadline: None

Timetable:
Action Date FR Cite
Final Action 12/00/2010

Additional Information: CIS #2481-09; This rule (RIN 1615-AB83) is adopting the following seven rules as Final Rules: 1615-AA24,1615-AA30,1615-AA57,1615-AA83,1615-AA96,1615-AB14,1615-AB56.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Patrick Kernan Legal Counsel Department of Homeland Security U.S. Citizenship and Immigration Services Office of Transformation 633 Third Street NW. Washington , DC 20529-2305 Phone: 202 233-2341 FAX: 202 233-2380 E-Mail: patrick.kernan@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB91View Related Documents

Title: Approval of Construction Wage Rates in Guam Abstract: This final rule amends the Department of Homeland Security (DHS) regulations affecting the reporting of H-2B construction wage rates in Guam. DHS has determined that U.S. Citizenship and Immigration Services (USCIS) is not the appropriate sub-agency to evaluate prevailing wage rates in Guam and is amending its regulations by removing the agency approval requirements. DHS is amending its regulations by removing the USCIS approval requirements for evaluating prevailingwage rates in Guam. This direct final rule removes USCIS from the process of setting appropriate prevailing wage rates for H2B construction occupations on Guam. Guam Department of Labor will now determine and evaluate prevailing wage rates for construction occupations on Guam using its current process without additional review or oversight by USCIS.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 8 CFR 214 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1101 to 1103; ... Legal Deadline: None

Timetable:
Action Date FR Cite
Direct Final Rule 03/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Kevin J. Cummings Chief of Business and Foreign Workers Division Department of Homeland Security U.S. Citizenship and Immigration Services Office of Policy and Strategy 20 Massachusetts Avenue NW. Washington , DC 20529-2140 Phone: 202 272-8410 FAX: 202 272-1542 E-Mail: kevin.cummings@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA05

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Title: Definition of the Term "Lawfully Present" for Purposes of Eligibility for Public Benefits Abstract: Section 401(a) of the Personal Responsibility and Work Reconciliation Act of 1996 (PRWORA) provides that, with limited exceptions, only qualified aliens, as defined under section 431, may receive certain Federal public benefits. Section 401(b)(2) provides an exception that allows aliens who are "lawfully present in the United States" to receive Social Securitybenefits under title II of the Social Security Act. PRWORA, and other laws, use the term "lawfully present" in other benefitrelated contexts as well. The Department of Justice published an interim final rule on September 6, 1996, which amended thenImmigration and Naturalization Service regulations to define the term "an alien who is lawfully present in the United States" so that the Social Security Administration may determine which aliens are eligible for benefits under title II of the Social Security Act. DHS now plans to issue a final rule to complete the rulemaking action.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 103 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 552 and 552a; 8 USC 1101 and 1103; 8 USC 1201; 8 USC 1252 note and 1252B; 8 USC 1304 and 1356; 31 USC 9701 Legal Deadline: None

Timetable:
Action Date FR Cite
Final Action 00/00/0000
Interim Final Rule 09/06/1996 61 FR 47039Interim Final Rule Comment Period End 11/05/1996

Additional Information: CIS No. 1792-96 Transferred from RIN 1115-AE51

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State Small Entities Affected: No Federalism: No Agency Contact: Mark Phillips Chief, Residence and Naturalization Division Department of Homeland Security U.S. Citizenship and Immigration Services Office of Policy and Strategy 20 Massachusetts Avenue NW. Suite 2304 Washington , DC 20529 Phone: 202 272-8398 FAX: 202 272-8518 E-Mail: mark.phillips@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA12

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Title: Adjustment of Status, Continued Validity of Nonimmigrant Status, and Unexpired Employment Authorization for Applicants Maintaining Nonimmigrant H or L Status Abstract: The Department has issued numerous policy statements regarding its position on employment authorization, advance parole, and extension of nonimmigrant status for certain skilled nonimmigrant workers who have filed for adjustment to permanent resident status. This interim final rule codifies existing DHS policy statements by incorporating them into the Department's regulations, and eliminates the requirement for permission for overseas travel for adjustment applicants who are maintaining H-1 or L nonimmigrant status. The Department is publishing a final rule in response to public comments.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 214; 8 CFR 245 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 CFR 2; 8 USC 1101; 8 USC 1103; 8 USC 1182; 8 USC 1184; 8 USC 1186a; 8 USC 1187; 8 USC 1221; 8 USC 1255; 8 USC 1281; 8 USC 1282 Legal Deadline: None

Timetable:
Action Date FR Cite
Final Action 00/00/0000
Interim Final Rule 06/01/1999 64 FR 29208 Interim Final Rule Comment Period End 08/02/1999

Additional Information: CIS No. 1881-97 Transferred from RIN 1115-AE96

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Mark Phillips Chief, Residence and Naturalization Division Department of Homeland Security U.S. Citizenship and Immigration Services Office of Policy and Strategy 20 Massachusetts Avenue NW. Suite 2304 Washington , DC 20529 Phone: 202 272-8398 FAX: 202 272-8518 E-Mail: mark.phillips@dhs.gov

Department of Homeland Security (DHS)U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA14

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Title: Fingerprinting Applicants and Petitioners for Immigration Benefits; Establishing a Fee for Fingerprinting by the Department of Homeland Security Abstract: This rule amends the Department of Homeland Security (DHS) regulations relating to fingerprinting applicants and petitioners for benefits under the Immigration and Nationality Act by: 1) Canceling the Designated Fingerprinting Service program; 2) requiring applicants and petitioners for benefits to be fingerprinted at either a DHS Office or at a United States consular or military office; 3) establishing a fee for fingerprinting by the Department; and 4) requiring confirmation from the Federal Bureau of Investigation that a full criminal background check has been completed before adjudication of a naturalization application is completed.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 103; 8 CFR 299; 8 CFR 316; 8 CFR 335 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1201; 8 USC 1252 note; 8 USC 1252b; 8 USC 1304; 8 USC 1356 Legal Deadline: None

Timetable:
Action Date FR Cite
Final Action 00/00/0000
Interim Final Rule 03/17/1998 63 FR 12979 Interim Final Rule Effective 03/29/1998 63 FR 12979 Interim Final Rule Correction 04/09/1998 63 FR 17489 Interim Final Rule Comment Period End 05/18/1998

Additional Information: CIS No. 1891-97 Transferred from RIN 1115-AF03

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Jack Bulger Department of Homeland Security U.S. Citizenship and Immigration Services 20 Massachusetts Avenue NW. Washington , DC 20529 Phone: 202 272-1001 FAX: 202 272-1008 E-Mail: jack.bulger@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA17

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Title: Suspension of Deportation and Special Rule Cancellation of Removal for Certain Nationals of Guatemala, El Salvador, and Former Soviet Bloc Countries Abstract: This rule implements section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA), enacted as title II of Public Law 105-100, 111 Stat. 2160, 2193 (1997) (as amended by Technical Corrections to the Nicaraguan Adjustment and Central American Relief Act (NACARA), Public Law 105-139, Stat. 2644 (1997)). Section 203 of NACARA provides that certain Guatemalans, Salvadorans, and nationals of former Soviet Bloc countries are eligible to apply for cancellation of removal under the standards for suspension of deportation similar to those that existed prior to enactment of Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). The rule establishes the authority of DHS asylum officers to adjudicate certain applications under section 203 of NACARA, provides application and adjudication procedures, identifies factors and standards relevant to eligibility, and establishes a rebuttable presumption of extreme hardship for certain NACARA beneficiaries.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 103; 8 CFR 208; 8 CFR 240; 8 CFR 246; 8 CFR 274a (To search for a specific CFR, visit the Code ofFederal Regulations ) Legal Authority: 5 USC 552 to 552a; 8 USC 1101; 8 USC 1103; 8 USC 1158; 8 USC 1182; 8 USC 1186a; 8 USC 1224; 8 USC 1225 to 1227; 8 USC 1251; 8 USC 1252 note; 8 USC 1252a Legal Deadline: None

Timetable:
Action Date FR Cite
Final Action 00/00/0000 NPRM (CIS No. 1915-98) 11/24/1998 63 FR 64895 NPRM Comment Period End (CIS No. 1915-98) 01/25/1999 Interim Rule (CIS No. 1915-98) 05/21/1999 64 FR 27856 Interim Rule Comment Period End 07/20/1999

Additional Information: CIS No. 1915-98 Transferred from RIN 1115-AF14

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: No Federalism: No Agency Contact: Jedidah Hussey Deputy Chief, Asylum Division Department of Homeland Security U.S. Citizenship and Immigration Services Suite 3300, 20 Massachusetts Avenue NW. Washington , DC 20529 Phone: 202 272-1663 E-Mail: jedidah.m.hussey@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA19

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Title: Regulations Concerning the Convention Against Torture Abstract: This rule implements article 3 of the United Nations Convention Against Torture or Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment for persons who may be subject to removal from the United States under the provisions of the Immigration and Nationality Act.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 3; 8 CFR 208; 8 CFR 235; 8 CFR 238; 8 CFR 240 to 8 CFR 241 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1103; 8 USC 1158; 8 USC 1226; 8 USC 1252; 8 USC 1282 Legal Deadline:
Action Source Description Date

Other Statutory Requirements promulgated under the Immigration and Nationality Act. 02/18/1999

Timetable:
Action Date FR Cite
Final Action 00/00/0000
Interim Final Rule 02/19/1999 64 FR 8478 Interim Final Rule Corrections 03/22/1999 64 FR 13881 Interim Final Rule Effective 03/22/1999 Interim Final Rule Comment Period End 04/20/1999

Additional Information: CIS No. 1976-99 Transferred from RIN 1115-AF39

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Ronald W. Whitney Associate Chief CounselDepartment of Homeland Security U.S. Citizenship and Immigration Services Office of Chief Counsel 20 Massachusetts Avenue NW. Washington , DC 20529 Phone: 202 272-1400 E-Mail: ronald.whitney@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA34

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Title: National Interest Waivers for Second Preference Employment-Based Immigrant Physicians Serving in Medically Underserved Areas or at Department of Veterans Affairs Facilities Abstract: On November 29, 1999, Public Law 106-113 was enacted. Section 117 amended the Immigration and Nationality Act at section 203 to provide national interest waivers to alien physicians agreeing to practice five years in designated medically underserved areas or at Veterans Affairs facilities. The Department of Justice issued two interim rules to amend 8 CFR parts 204 and 245 to implement the new statutory provisions and to allow applicants to begin to take advantage of the new provisions. The Department of Homeland Security now seeks to finalize the process by issuing a final rule.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 204; 8 CFR 245 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: PL 106-113; 8 USC 1101; 8 USC 1103; 8 USC 1151; 8 USC 1153 and 1154; 8 USC 1182; 8 USC 1186a; 8 USC 1255; 8 USC 1641 Legal Deadline: None

Timetable:
Action Date FR Cite
Final Action 00/00/0000
Interim Final Rule 09/06/2000 65 FR 53889 Correction to Interim Final Rule 09/27/2000 65 FR 57943 Interim Final Rule Effective 10/06/2000 Correction to Interim Final Rule 10/20/2000 65 FR 63118 Interim Final Rule Comment Period End 11/06/2000

Additional Information: CIS No. 2048-00 Transferred from RIN 1115-AF75

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: No Federalism: No Agency Contact: Kevin J. Cummings Chief of Business and Foreign Workers Division Department of Homeland Security U.S. Citizenship and Immigration Services Office of Policy and Strategy 20 Massachusetts Avenue NW. Washington , DC 20529-2140 Phone: 202 272-8410 FAX: 202 272-1542 E-Mail: kevin.cummings@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA35

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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's regulations in order to implement the NRDAA as it relates to the adjudication petitions for H-1C classification. This rule will facilitate the hiring of alien registered nurses to reduce theshortage of nurses in certain areas of the United States while protecting the rights of U.S. nurses.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 214.2 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1101; 8 USC 1182; 8 USC 1184; 8 USC 1186a; 8 USC 1187 Legal Deadline: None

Timetable:
Action Date FR Cite
Final Action 00/00/0000
Interim Final Rule 06/11/2001 66 FR 31107 Interim Final Rule Comment Period End 08/10/2001

Additional Information: CIS No. 2050-00 Transferred from RIN 1115-AF76.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Agency Contact: Susan Arroyo Department of Homeland Security U.S. Citizenship and Immigration Services 20 Massachusetts Avenue NW. Washington , DC 20529 Phone: 202 272-8465 FAX: 202 272-1718 E-Mail: susan.arroyo@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA40

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Title: Adjustment of Status to That of Person Admitted for Permanent Residence; Temporary Removal of Certain Restrictions of Eligibility Abstract: The Department is amending its regulations governing eligibility for adjustment of status under section 245(i) of the Immigration and Nationality Act to conform the regulations to existing policy and procedures and to remove language that has been superseded by subsequent legislation. Specifically, this rule conforms the regulations to include the changes made by Public Law 105-119 and Public Law 106-544. It also provides for the changes contained in the Legal Immigration Family Equity Act of 2000 (LIFE Act). As required by the LIFE Act, this rule changes the sunset date of section 245(i) of the Immigration and Naturalization Act to the new date of April 30, 2001, for filing of qualifying petitions or applications that enable the applicant to apply to adjust status using section 245(i) and clarifies the effect of the new sunset date on eligibility. This means that in order to preserve the ability to apply for adjustment of status under section 245(i), an alien must be the beneficiary of a visa petition for classification under section 204 of the Act or application for labor certification properly filed on or before April 30, 2001, and determined to have approval when filed.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 103; 8 CFR 205; 8 CFR 245 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1201; 8 USC 1252; 8 USC 1252b; 8 USC 1304; 8 USC 1356 Legal Deadline: None

Timetable:
Action Date FR Cite
Final Action 00/00/0000
Interim Final Rule Effective 03/26/2001
Interim Final Rule 03/26/2001 66 FR 16383 Interim Final Rule Comment Period End 05/25/2001

Additional Information: CIS No. 2078-00; This rulemaking supersedes RIN 1615-AA85 Transferred from RIN 1115-AF91

Regulatory Flexibility Analysis Required: No Government Levels Affected: NoSmall Entities Affected: No Federalism: No Agency Contact: Mark Phillips Chief, Residence and Naturalization Division Department of Homeland Security U.S. Citizenship and Immigration Services Office of Policy and Strategy 20 Massachusetts Avenue NW. Suite 2304 Washington , DC 20529 Phone: 202 272-8398 FAX: 202 272-8518 E-Mail: mark.phillips@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA43

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Title: Classification of Aliens as Children of United States Citizens Based on Intercountry Adoptions Under the Hague Convention Abstract: This rule amends Department of Homeland Security (DHS) regulations relating to intercountry adoptions by U.S. citizens. First, to facilitate the ratification of the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, signed at The Hague on May 29, 1993 (Convention), the rule establishes new administrative procedures for the immigration of children who are habitually resident in Convention countries and who are adopted by U.S. citizens. Second, the rule makes other amendments to DHS regulations relating to the immigration of adopted children, to reflect the changes to those provisions necessary to comply with the Convention. The U.S. Senate consented to ratification of the Convention in 2000 conditioned on the adoption of the necessary implementing regulations. Accordingly, this rule is necessary to establish the regulations necessary for the United States to ratify the Convention.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 204 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1151; 8 USC 1153 and 1154; 8 USC 1182; 8 USC 1186a; 8 USC 1255; 8 USC 1641 Legal Deadline: None

Timetable:
Action Date FR Cite
Final Action 00/00/0000
Interim Final Rule 10/04/2007 72 FR 56832 Interim Final Rule Effective 11/05/2007 Interim Final Rule Comment Period End 12/03/2007 Interim Final Rule; Reopening 03/25/2008 73 FR 15635 Interim Final Rule Comment Period End 05/27/2008 Comment Period Extended 05/27/2008

Additional Information: CIS No. 2098-07. Transferred from RIN 1115-AF96

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: John W. Bird Deputy Chief, International Operations Division Department of Homeland Security U.S. Citizenship and Immigration Services Refugee, Asylum and International Operations Directorate 20 Massachusetts Avenue NW. Washington , DC 20529-3200 Phone: 202 272-1663 E-Mail: jwally.bird@dhs.gov

Department of Homeland Security (DHS)U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA45

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Title: Children Born Outside the United States; Applications for Certificate of Citizenship Abstract: This rule implements title I of the Child Citizenship Act of 2000, Public Law 106-395. First, it amends DHS regulations by adding a new part that addresses application procedures for foreign-born children residing in the United States pursuant to a lawful admission for permanent residence, who acquire citizenship automatically under section 320 of the Immigration and Nationality Act (Act), as amended. This rule established procedures for these foreign-born children, including adopted children, to obtain certificates of citizenship. Second, this rule also addresses application procedures for foreign-born children residing outside the United States, who can acquire citizenship under section 322 of the Act, as amended, by approval of an application and taking the oath of allegiance.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 103; 8 CFR 299; 8 CFR 310; 8 CFR 320; 8 CFR 322; 8 CFR 338; 8 CFR 341; 8 CFR 499; ... (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: PL 106-395 Legal Deadline:
Action Source Description Date

Other Statutory Child Citizenship Act of 2000 02/27/2001

Timetable:
Action Date FR Cite
Final Action 00/00/0000
Interim Final Rule Effective 06/13/2001
Interim Final Rule 06/13/2001 66 FR 32138 Interim Final Rule Comment Period End 08/13/2001

Additional Information: CIS No. 2101-00 Transferred from RIN 1115-AF98

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Jack Bulger Department of Homeland Security U.S. Citizenship and Immigration Services 20 Massachusetts Avenue NW. Washington , DC 20529 Phone: 202 272-1001 FAX: 202 272-1008 E-Mail: jack.bulger@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA46

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Title: Allowing for the Filing of Form I-140 Visa Petition Concurrently With a Form I-485 Application in Certain Circumstances Abstract: The current regulations provide that an alien worker who wants to apply for permanent residence by filing the appropriate Form I-485, Application To Register Permanent Residence or Adjust Status, cannot do so until he or she obtains approval of the underlying petition, Form I-140, Immigrant Petition for Alien Worker. This procedure has resulted in aliens experiencing unnecessary delays due to the heavy backlog created by increasing numbers of cases received by the Department of Homeland Security (DHS). This rule amends DHS regulations by allowing the Forms I-140 and I-485 to be filed concurrently when a visa is immediately available, thereby improving the efficiency of the system, as well as customer service. This rule will also allow the alien worker to apply for employment authorization (Form I-765, Application for Employment Authorization) and advance parole authorization (Form I-131, Application for Travel Document) while the Form I-485 is pending.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 204; 8 CFR 245 (To search for a specific CFR, visit the Code of Federal Regulations )Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1151; 8 USC 1153 and 1154; 8 USC 1182; 8 USC 1186a; 8 USC 1255; 8 USC 1641 Legal Deadline: None

Timetable:
Action Date FR Cite
Next Action Undetermined Interim Final Rule Effective 07/31/2002
Interim Final Rule 07/31/2002 67 FR 49561 Interim Final Rule Comment Period End 09/30/2002

Additional Information: CIS No. 2104-00 Transferred from RIN 1115-AG00

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Related RINs: Merge with 1615-AB82 Agency Contact: Mark Phillips Chief, Residence and Naturalization Division Department of Homeland Security U.S. Citizenship and Immigration Services Office of Policy and Strategy 20 Massachusetts Avenue NW. Suite 2304 Washington , DC 20529 Phone: 202 272-8398 FAX: 202 272-8518 E-Mail: mark.phillips@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA49

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Title: Establishing Premium Processing Service for Employment-Based Petitions and Applications Abstract: This interim rule changes the premium processing time from 15 calendar days to 15 business days and adds additional circumstances that will stop the premium processing clock. This rule also clarifies that for e-filed petitions and applications, the 15-business-day processing period begins when U.S. Citizenship and Immigration Services receives the initial required supporting documentation to adjudicate the case at the Service Center with jurisdiction over that case. This interim rule also addresses public comments received in connection with the first interim rule.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 103; 8 CFR 299 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1101; 8 USC 1103 Legal Deadline: None

Timetable:
Action Date FR Cite
Final Action 00/00/0000
Interim Final Rule Effective 06/01/2001
Interim Final Rule 06/01/2001 66 FR 29682 Interim Final Rule Comment Period End 07/31/2001

Additional Information: CIS No. 2108-01 Transferred from RIN 1115-AG03

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Agency Contact: Susan Arroyo Department of Homeland Security U.S. Citizenship and Immigration Services 20 Massachusetts Avenue NW. Washington , DC 20529 Phone: 202 272-8465FAX: 202 272-1718 E-Mail: susan.arroyo@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA51

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Title: Adjustment of Status for Certain Nationals of Nicaragua, Cuba, and Haiti Abstract: This final rule implements the provisions of the Legal Immigration Family Equity Act (LIFE Act) and its technical amendments to both the Nicaraguan Adjustment and Central American Relief Act (NACARA), and the Haitian Refugee Immigration Fairness Act (HRIFA) of 1998. Specifically, section 1505 of the amendments to the LIFE Act states that section 241(a)(5) of the Immigration and Nationality Act (INA) does not apply to adjustment applicants under NACARA/HRIFA and that the grounds of inadmissibility under section 212(a)(9)(A) and (C) of the INA may be waived for NACARA/HRIFA adjustmentapplicants. Section 241(a)(5) of the INA provides for the reinstatement of a removal order against any alien who illegally reenters the United States after having been removed or after having departed voluntarily under an order of removal. It also bars any alien whose removal order has been reinstated from receiving any relief under the INA, including any waivers of grounds of inadmissibility necessary for the grant of adjustment of status. Sections 212(a)(9)(A) and 212(a)(9)(C) of the INA are grounds of inadmissibility relating to aliens previously removed and aliens who are unlawfully present in the United States after previous immigration violations, respectively. Section 1505 of the amendments to the LIFE Act also states that an alien who has become eligible for benefits under NACARA/HRIFA, as a result of the enactment of the LIFE Act, may file a motion to reopen his or her removal proceedings in order to apply for adjustment or to apply for cancellation of removal or suspension of deportation.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 241; 8 CFR 245 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1182; 8 USC 1255 Legal Deadline: None

Timetable:
Action Date FR Cite
Final Action 00/00/0000 Interim Final Rule Comment Period End 05/31/2001
Interim Final Rule 05/31/2001 66 FR 29449

Additional Information: CIS No. 2113-01 Transferred from RIN 1115-AG05

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Agency Contact: Mark Phillips Chief, Residence and Naturalization Division Department of Homeland Security U.S. Citizenship and Immigration Services Office of Policy and Strategy 20 Massachusetts Avenue NW. Suite 2304 Washington , DC 20529 Phone: 202 272-8398 FAX: 202 272-8518 E-Mail: mark.phillips@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA53

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Title: Nonimmigrant Classes; Spouses and Children of Lawful Permanent Residents; V Classification Abstract: Section 1102 of the LIFE Act of 2000 amends the Immigration and Nationality Act to create a new nonimmigrant classification V for the spouses and children of lawful permanent residents awaiting the availability of an immigrant visa number in the appropriate preference category in accordance with the State Department's monthly Visa Bulletin. Eligible spouses and children of lawful permanent residents residing abroad that obtain the V nonimmigrant visa from the Department of State maywork and reside in the United States on the basis of the V classification until they can apply for adjustment of status to that of lawful permanent resident. Certain eligible spouses and children of lawful permanent residents already present in the United States may be granted V classification until they can apply to adjust status to that of lawful permanent resident.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action 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
Final Action 00/00/0000
Interim Final Rule Effective 09/07/2001
Interim Final Rule 09/07/2001 66 FR 46697 Interim Final Rule Comment Period End 11/06/2001

Additional Information: CIS No. 2117-01 Transferred from RIN 1115-AG08

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Agency Contact: Laura M. Dawkins Chief, Family Immigration and Victim Protection Division Department of Homeland Security U.S. Citizenship and Immigration Services 20 Massachusetts Avenue NW. Suite 1200 Washington , DC 20529 Phone: 202 272-1470 FAX: 202 272-1480 E-Mail: laura.dawkins@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA56

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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 the 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: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 212; 8 CFR 214; 8 CFR 245; 8 CFR 248; 8 CFR 274a (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: PL 106-553 Legal Deadline:
Action Source Description Date

Other Statutory 12/21/2000

Timetable:
Action Date FR Cite
Final Action 00/00/0000
Interim Final Rule 08/14/2001 66 FR 42587 Interim Final Rule Comment Period End 10/15/2001

Additional Information: Rule is being adopted as a Final Rule in RIN 1615-AB83.Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Agency Contact: Laura M. Dawkins Chief, Family Immigration and Victim Protection Division Department of Homeland Security U.S. Citizenship and Immigration Services 20 Massachusetts Avenue NW. Suite 1200 Washington , DC 20529 Phone: 202 272-1470 FAX: 202 272-1480 E-Mail: laura.dawkins@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA63

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Title: Removal of Limitations on the Validity Period for Employment Authorization Documents Abstract: This rule amends DHS regulations governing issuance of Employment Authorization Documents (EADs) to give the Agency discretion to modify EAD validity periods for initial, renewal, and replacement EADs. This rule also amended the regulations to reflect that the Agency will issue EADs to aliens granted asylum by the Department of Justice, Executive Office of Immigration Review (EOIR), with validity periods of up to 5 years, unless otherwise appropriate.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 103; 8 CFR 274a (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 552 to 552a; 8 USC 1101; 8 USC 1103; 8 USC 1201; ... Legal Deadline: None

Timetable:
Action Date FR Cite
Final Action 00/00/0000
Interim Final Rule 07/30/2004 69 FR 45555 Interim Final Rule Comment Period End 09/28/2004

Additional Information: CIS No. 2152-01 Transferred from RIN 1115-AG32

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Agency Contact: Mark Phillips Chief, Residence and Naturalization Division Department of Homeland Security U.S. Citizenship and Immigration Services Office of Policy and Strategy 20 Massachusetts Avenue NW. Suite 2304 Washington , DC 20529 Phone: 202 272-8398 FAX: 202 272-8518 E-Mail: mark.phillips@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA73

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Title: Requiring Change of Status From B-1 to F-1 or M-1 Nonimmigrant Prior To Pursuing a Course of Study Abstract: The interim final rule amends Department regulations by eliminating the current provision allowing a nonimmigrant visitor for business or pleasure to enroll in a DHS-approved school without first obtaining approval of a change of nonimmigrant status request from the Department. The amendment will ensure that no B nonimmigrant is allowed to begin taking classes untilthe Department has approved the alien's request to change nonimmigrant status to that of F or M student.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: Yes Unfunded Mandates: No CFR Citation: 8 CFR 214; 8 CFR 248 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1184; 8 USC 1258 Legal Deadline: None

Timetable:
Action Date FR Cite
Final Action 00/00/0000
Interim Final Rule 04/12/2002 67 FR 18061 Interim Final Rule Comment Period End 06/11/2002

Additional Information: CIS No. 2195-02 Transferred from RIN 1115-AG60

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Agency Contact: Susan Arroyo Department of Homeland Security U.S. Citizenship and Immigration Services 20 Massachusetts Avenue NW. Washington , DC 20529 Phone: 202 272-8465 FAX: 202 272-1718 E-Mail: susan.arroyo@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB28

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Title: Extension of the Deadline for Certain Health Care Workers Required To Obtain Certificates Abstract: This rule amends Department of Homeland Security regulations to extend the deadline by which certain health care workers from Canada and Mexico must obtain health care worker certifications. This rule applies only to affected health care workers, who, before September 23, 2003, were previously employed as TN nonimmigrant health care workers (Canadian or Mexican citizens), and held a valid license from a U.S. jurisdiction. This interim rule does not change the licensing requirements for employment purposes. Publication of this rule ensures that the U.S. health care system is not adversely affected by the expiration of the transition period for certain health care workers to present the required certification.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 212; 8 CFR 214 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1101 to 1103; 8 USC 1182; ... Legal Deadline: None

Timetable:
Action Date FR Cite
Final Action 00/00/0000
Interim Final Rule 07/22/2004 69 FR 43729 Interim Final Rule Comment Period End 09/20/2004

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No Agency Contact: Claudia F. Young Department of Homeland Security U.S. Citizenship and Immigration Services Service Center Operations 20 Massachusetts Avenue NW. Washington , DC 20529 Phone: 202 272-8163 E-Mail: cf1young@dhs.govDepartment of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB50

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Title: Eligibility of Arriving Aliens in Removal Proceedings To Apply for Adjustment of Status and Jurisdiction To Adjudicate Applications for Adjustment of Status Abstract: The Secretary of Homeland Security and the Attorney General publish these interim final rules to amend their respective agencies' regulations governing applications for adjustment of status filed by paroled arriving aliens seeking to become lawful permanent residents. The Secretary and the Attorney General are also amending the regulations to clarify when United States Citizenship and Immigration Services, or the immigration judges and the Board of Immigration Appeals, Executive Office for Immigration Review, have jurisdiction to adjudicate applications for adjustment of status by such aliens. In addition, the Secretary and the Attorney General are requesting comments on the possibility of adopting further proposals in the future to structure the exercise of discretion in adjudicating these applications for adjustment of status.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 1; 8 CFR 25; 8 CFR 1001; 8 CFR 1245 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1255; 8 USC 1225(b)(2); 8 USC 1229a(c)(2)(A); 8 USC 1101(a)(13)(B); ... Legal Deadline: None

Timetable:
Action Date FR Cite
Final Rule 00/00/0000
Interim Final Rule 05/12/2006 71 FR 27585 Interim Final Rule Comment Period End 06/12/2006

Additional Information: CIS No. 2387-06

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: Mark Phillips Chief, Residence and Naturalization Division Department of Homeland Security U.S. Citizenship and Immigration Services Office of Policy and Strategy 20 Massachusetts Avenue NW. Suite 2304 Washington , DC 20529 Phone: 202 272-8398 FAX: 202 272-8518 E-Mail: mark.phillips@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB68

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Title: Petitions Filed on Behalf of H-1B Temporary Workers Subject to the Annual Numerical Limitation Abstract: The Department of Homeland Security is amending its regulations governing petitions filed on behalf of alien workers subject to the annual numerical limitations applicable to the H nonimmigrant classification. This rule precludes a petitioner from filing more than one petition based on the H-1B nonimmigrant classification on behalf of the same alien temporary worker in a given fiscal year if the alien is subject to a numerical limitation. Additionally, this rule makes accommodations for petitioners seeking to file petitions on behalf of alien workers subject to the annual numerical limitation on the first day on which filings will be accepted for the next fiscal year. This rule also clarifies the treatment of H nonimmigrant petitions incorrectly claiming an exemption from the numerical limitations. Finally, the rule removes from the regulations unnecessary language regarding the annual numerical limitation applicable to the H-1B nonimmigrant classification. Thesechanges are necessary to clarify the regulations and further ensure the fair and orderly adjudication of petitions subject to numerical limitations.

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 1184 Legal Deadline: None

Timetable:
Action Date FR Cite
Final Action 00/00/0000
Interim Final Rule Effective 03/24/2008
Interim Final Rule 03/24/2008 73 FR 15389 Interim Final Rule Comment Period End 05/23/2008

Additional Information: 2434-07

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No 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 E-Mail: cf1young@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB79

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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. Additionally, the CSAA requires the Attorney General and Secretary of Homeland Security (Secretary), within 60 days of the CSAA’s enactment, to promulgate a final rule establishing that aliens subject to these grounds of inadmissibility or deportability shall be considered an alien with respect to whom there are serious reasons to believe that the alien committed a serious nonpolitical crime. The Departments of Homeland Security (DHS) and Justice (DOJ) therefore are amending their companion immigration regulations to specify that aliens who are inadmissible or deportable for recruitment or use of child soldiers are considered ineligible for asylum and withholding of removal due to the serious nonpolitical crime bar.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 208; 8 CFR 1208 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: PL 110-340 Legal Deadline: CSAA Pub. L. 110-340. CSAA requires the Attorney General and Secretary of Homeland Security (Secretary), within 60 days of the CSAA’s enactment, to promulgate a final rule establishing that aliens subject to these grounds of inadmissibility or deportability shall be considered an alien with respect to whom there are serious reasons to believe that the alien committed a serious nonpolitical crime.
Action Source Description Date

Other Statutory CSAA Pub. L. 110-340 12/02/2008

Timetable:
Action Date FR Cite
Interim Final Rule 00/00/0000

Additional Information: CIS 2467-08Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Related Agencies: Joint : DOJ Agency Contact: Jedidah Hussey Deputy Chief, Asylum Division Department of Homeland Security U.S. Citizenship and Immigration Services Suite 3300, 20 Massachusetts Avenue NW. Washington , DC 20529 Phone: 202 272-1663 E-Mail: jedidah.m.hussey@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA44

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Title: Academic Honorarium for B Nonimmigrant Aliens Abstract: DHS is proposing to amend its regulations relating to the acceptance of academic honoraria by nonimmigrant aliens admitted to the United States as a B visa visitor status. This is necessary to implement changes to section 212 of the Immigration and Nationality Act made by the American Competitiveness and Workforce Improvement Act of 1998. The amendment outlines the proposed procedures necessary for a nonimmigrant alien visiting the United States in valid B visa status to accept honoraria in connection with usual academic activities.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 214 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: PL 105-277; 8 USC 1182; 8 USC 1184 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 05/30/2002 67 FR 37727 NPRM Comment Period End 07/29/2002
Transferred to RIN 1651-AA85 07/08/2010

Additional Information: CIS No. 2100-00 Transferred from RIN 1115-AF97

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Agency Contact: Susan Arroyo Department of Homeland Security U.S. Citizenship and Immigration Services 20 Massachusetts Avenue NW. Washington , DC 20529 Phone: 202 272-8465 FAX: 202 272-1718 E-Mail: susan.arroyo@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AA86

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Title: Withholding of Adjudication Abstract: This interim rule codifies the Secretary of Homeland Security's current discretionary authority, as delegated to the Department of Homeland Security (DHS) directors, to manage the caseload of pending requests for immigration benefits in districts or regions over which the directors have jurisdiction. A component of this case management authority is the ability to withhold adjudication of any pending application or petition, particularly when an investigation is ongoing and background andsecurity checks are still pending completion. This interim rule expands the circumstances under which DHS may withhold adjudication or toll any applicable regulatory deadline for completion of adjudication of an application or petition. This interim rule also modifies the regulations governing processing of naturalization applications to define when a naturalization examination will be deemed "conducted" for purposes of seeking administrative or judicial review under section 336 of the Immigration and Nationality Act (Act). The interim rule also requires that background and security checks be completed to the satisfaction of the Secretary before an alien may be found to have "good moral character" for naturalization and before the alien may be naturalized in accordance with title III of the Act. These changes will aid DHS in its efforts to improve case adjudication overall while simultaneously ensuring that no immigration or naturalization benefit is granted until any pending investigation or required background and security check is completed to the satisfaction of the Secretary. These changes also will ensure that no immigration benefit is provided to an ineligible individual or person who may pose a threat to public safety or national security. No regulatory activities have occurred for this potential rulemaking. The actions and dates that were listed in the timetable prior to November 15, 2010, are incorrect and do not apply to this initiative. Effective November 15, 2010, this entry is withdrawn from the Agenda.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 103; 8 CFR 208; 8 CFR 310; 8 CFR 335 and 336 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 552 to 552a; 8 USC 1101; 8 USC 1103; 8 USC 1304; 8 USC 1356; 8 USC 1421; 8 USC 1443; 8 USC 1447; ... Legal Deadline: None

Timetable:
Action Date FR Cite
Withdrawn 11/15/2010

Additional Information: CIS No. 2234-02 Transferred from RIN 1115-AG86

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Agency Contact: Mark Phillips Chief, Residence and Naturalization Division Department of Homeland Security U.S. Citizenship and Immigration Services Office of Policy and Strategy 20 Massachusetts Avenue NW. Suite 2304 Washington , DC 20529 Phone: 202 272-8398 FAX: 202 272-8518 E-Mail: mark.phillips@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB44

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Title: Authorizing Suspension of Employment Authorization Requirements on the Basis of Severe Economic Hardship for F-1 Students and Emergent Circumstances Abstract: This rule amended DHS regulations applying to on-campus employment, off-campus employment authorization, and duration of status for nonimmigrant F-1 students. The rule permits the Secretary to suspend some or all of the requirements for on-campus or off-campus employment where emergent circumstances exist as provided through notice in the Federal Register. The rule also amends the regulations to provide that an F-1 student who carries less than a full course of study as a result of this special employment authorization will be deemed to be maintaining status for the duration of the authorization, as long as the student carries a minimum course load of 6 credit hours if the student is an undergraduate, or 3 credit hours if the student is in graduate school.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 214 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1182; 8 USC 1186a; 8 USC 1187; 8 USC 1221; 8 USC 1281 and 1282 Legal Deadline: NoneTimetable:
Action Date FR Cite
Interim Final Rule 06/10/1998 63 FR 31871 Interim Final Rule Comment Period End 08/10/1998
Transferred to RIN 1653-AA61 07/28/2010

Additional Information: CIS No. 1914-98 (Employment Authorization for Certain F-1 Nonimmigrant Students Whose Means of Financial Support Comes From Indonesia, South Korea, Malaysia, Thailand, or the Philippines). Transferred from RIN 1615-AA99

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: No Federalism: No Related RINs: Previously Reported as 1115-AF15 Agency Contact: Susan Arroyo Department of Homeland Security U.S. Citizenship and Immigration Services 20 Massachusetts Avenue NW. Washington , DC 20529 Phone: 202 272-8465 FAX: 202 272-1718 E-Mail: susan.arroyo@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB80

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Title: U. S. Citizenship and Immigration Services Fee Schedule 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.

Priority: Economically Significant Agenda Stage of Rulemaking: Completed Action Major: Yes Unfunded Mandates: No CFR Citation: 8 CFR 103 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1356(m) Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 06/11/2010 75 FR 33445 NPRM Comment Period End 07/26/2010
Final Rule 09/24/2010 75 FR 58961 Final Rule Effective 11/23/2010

Regulatory Flexibility Analysis Required: Business; Governmental Jurisdictions; Organizations Government Levels Affected: No

Federalism: No Energy Affected: No Agency Contact: Timothy Rosado Department of Homeland Security U.S. Citizenship and Immigration Services Suite 4018 20 Massachusetts Avenue NW DC 20259 Phone: 202 272-1969FAX: 202 272-1970 E-Mail: Timothy.A.Rosado@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB82

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Title: Preference Alien Process Registration for Adjustment of Status Applicants Abstract: This proposed rule would amend the Department of Homeland Security (DHS) regulations governing how U.S. Citizenship and Immigration Services (USCIS) would accept and process an Application to Register Permanent Residence or Adjust Status, Form I-485. This proposed rule would discontinue the concurrent filing process for employment-based adjustment of status applicants. In addition, it would require that an alien seeking to immigrate based upon a classification that is subject to numerical limitations, must be the beneficiary of an approved immigrant petition prior to proceeding through a revised adjustment of status process. This proposed rule is intended to streamline the overall adjustment of status process, as well as mitigate visa retrogression through improved estimation of immigrant visa availability.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 103; 8 CFR 209; 8 CFR 245; 8 CFR 274a (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1255(a) Legal Deadline: None

Timetable:
Action Date FR Cite
Withdrawn 08/03/2010

Additional Information: CIS 2476-09

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Mark Phillips Chief, Residence and Naturalization Division Department of Homeland Security U.S. Citizenship and Immigration Services Office of Policy and Strategy 20 Massachusetts Avenue NW. Suite 2304 Washington , DC 20529 Phone: 202 272-8398 FAX: 202 272-8518 E-Mail: mark.phillips@dhs.gov

Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services ( USCIS ) RIN: 1615-AB87

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Title: Employment Authorization for Dependents of Foreign Officials Abstract: The Department of Homeland Security (DHS) is amending its regulations governing the employment authorization for dependents of foreign officials classified as A-1, A-2, G-1, G-3, and G-4 nonimmigrants. This rule expands the list of dependents who are eligible for employment authorization to include any alien recognized by the Department of State as an immediate family member. This change to DHS regulations provides the Department of State with the flexibility to enter into bilateral agreements and arrangements with other countries that would extend employment authorization to immediate family members who are recognized as such by DHS.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 214; 8 CFR 274a (To search for a specific CFR, visit the Code of Federal Regulations )Legal Authority: 8 USC 1101 to 1103; 8 USC 1182 and 1324a; ... Legal Deadline: None

Timetable:
Action Date FR Cite
Final Action 08/09/2010 75 FR 47699

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Susan Arroyo Department of Homeland Security U.S. Citizenship and Immigration Services 20 Massachusetts Avenue NW. Washington , DC 20529 Phone: 202 272-8465 FAX: 202 272-1718 E-Mail: susan.arroyo@dhs.gov

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AA14

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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 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.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 33 CFR 189 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 46 USC 12301 Legal Deadline: None

Timetable:
Action Date FR Cite Request for Comments 10/18/1994 59 FR 52646 Comment Period End 01/17/1995
ANPRM 07/06/1998 63 FR 36384 ANPRM Comment Period End 11/03/1998
NPRM 01/11/2001 66 FR 2385 NPRM Comment Period End 04/11/2001 NPRM Reopening of Comment Period 08/12/2004 69 FR 49844 NPRM Comment Period End 11/10/2004 Supplemental NPRM 03/00/2011

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 DriveFalling Waters , WV 25419 Phone: 304 271-2506

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AA16

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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. The amendments came into force on February 1, 1997. This project implements those amendments by revising current rules to ensure that the United Statescomplies 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. The comment period closed on February 16, 2010. The Coast Guard is in the process of reviewing comments on the NPRM. At a June 2010 diplomatic conference, the IMO adopted 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 is developing a Supplemental NPRM.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 46 CFR 10; 46 CFR 11; 46 CFR 12; 46 CFR 15 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 46 USC 2103; 46 USC chs 71 and 73; DHS Delegation No. 0170.1 Legal Deadline: None

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 02/00/2011

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.

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: Mark Gould Project Manager, CG-5221 Department of Homeland Security U.S. Coast Guard 2100 Second Street SW., STOP 7126Washington , DC 20593-7126 Phone: 202 372-1409

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AA18

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Title: Outer Continental Shelf Activities Abstract: The Coast Guard is the lead Federal agency for workplace safety and health, other than for matters generally related to drilling and production that are regulated by the Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE) on facilities and vessels engaged in the exploration for, or development or production of, minerals on the OCS. This project would revise the regulations on Outer Continental Shelf (OCS) activities to: 1) Add new requirements for fixed OCS facilities for lifesaving, fire protection, training, hazardous materials used as stores and accommodation spaces; and 2) address foreign vessels engaged in OCS activities to comply with requirements 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: The Coast Guard is currently estimating the costs and benefits associated with this rulemaking. Industry would incur additional costs as a result of provisions for training, firefighting, lifesaving, and monitoring of unsafe conditions. This proposed rule supports the Commandant's strategic goals of marine safety and environmental stewardship and is designed to help make the OCS a safer workplace by preventing accidents or reducing the consequences of accidents on the OCS. In addition, the proposed rule will include measures that meet the changing offshore technology and the safety problems it creates as OCS activities extend to deeper water and move farther offshore.

Risks: The extensive revisions to health and safety requirements for OCS units in this rule would substantially reduce the risk of injury or illness on those units.
Timetable:
Action Date FR Cite Request for Comments 06/27/1995 60 FR 33185 Comment Period End 09/25/1995
NPRM 12/07/1999 64 FR 68416 NPRM Correction 02/22/2000 65 FR 8671 NPRM Comment Period Extended 03/16/2000 65 FR 14226 NPRM Comment Period Extended 06/30/2000 65 FR 40559 NPRM Comment Period End 11/30/2000Supplemental NPRM 08/00/2011

Additional Information: Docket Numbers: The notice of request for comments published June 27, 1995, was assigned Coast Guard docket number 95-016. Following the request for comments, that docket was terminated. This project continues under Docket No. USCG-1998-3868 and RIN 1625-AA18. This docket may be viewed online by going to www.regulations.gov.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Energy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: Kevin Y. Pekarek Program Manager Department of Homeland Security U.S. Coast Guard Commandant, CG-5222 2100 2nd Street SW., STOP 7126 Washington , DC 20593-7126 Phone: 202 372-1386 E-Mail: kevin.y.pekarek2@uscg.mil

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AA77

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Title: Commercial Fishing Industry Vessels Abstract: This rulemaking would amend commercial fishing industry vessel requirements to enhance maritime safety. Commercial fishing remains one of the most dangerous industries in America. The Commercial Fishing Industry Vessel Safety Act of 1988 ("the Act," codified in 46 U.S.C. chapter 45) gives the Coast Guard regulatory authority to improve the safety of vessels operating in that industry. Although significant reductions in industry deaths were recorded after the Coast Guard issued its initial rules under the Act in 1991, we believe more deaths and serious injury can be avoided through compliance with new regulations in the following areas: vessel stability and watertight integrity, vessel maintenance and safety equipment including crew immersion suits, crew training and drills, and improved documentation of regulatory compliance.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed 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
NPRM 01/00/2011

Additional Information: The docket number for this rulemaking is USCG-2003-16158. The docket can be found at www.regulations.gov.

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No Federalism: No Energy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: Jack Kemerer Project Manager, CG-5433 Department of Homeland Security U.S. Coast Guard 2100 Second Street SW. Washington , DC 20593 Phone: 202 372-1249E-Mail: jack.a.kemerer@uscg.mil

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AA81

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Title: Validation of Merchant Mariners' Vital Information and Issuance of Coast Guard Merchant Mariner's Documents (MMDs) Abstract: This rulemaking describes enhancements to the application procedures for the "Merchant Mariners Documents" required for ocean-going and Great Lakes vessels of over 100 gross tons. This includes showing up physically at a Regional Exam Center (REC) at least once during each application and furnishing proof of identity, fingerprinting, and a background check.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 46 CFR 12 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 46 USC 21; 46 USC 73; 46 USC 75; 46 USC 77 Legal Deadline: None

Timetable:
Action Date FR Cite Notice of Meeting 02/20/2003 68 FR 8326 Notice of Policy 04/08/2003 68 FR 17064
Interim Final Rule 01/06/2004 69 FR 526 Correction to Interim Final Rule 02/11/2004 69 FR 6575 Interim Final Rule Comment Period End 04/05/2004
NPRM 04/00/2011

Additional Information: The docket number for this rulemaking is USCG-2003-14500. The docket can be found at www.regulations.gov.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Related RINs: Related to 1625-AA85; Related to 1625- AA41; Related to 1625-AB02 Agency Contact: Gerald P. Miante Program Manager, CG-5221 Department of Homeland Security U.S. Coast Guard 2100 Second Street SW., STOP 7126 Washington , DC 20593-7126 Phone: 202 372-1407

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AA85

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Title: Validation of Merchant Mariners' Vital Information and Issuance of Coast Guard Merchant Mariner's Licenses and Certificates of Registry Abstract: This rule imposes certain security-related requirements on merchant mariners in order to obtain a license or certificate of registry (COR). Applicants would be required to appear in person at least once during the application process, to provide two acceptable forms of identification, and be fingerprinted by Coast Guard personnel. This appearance requirement is intended to be an interim measure until the appearance requirement in the Transportation Worker Identification Credential rulemaking is fully implemented.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed RuleMajor: No Unfunded Mandates: No CFR Citation: 46 CFR 10 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 46 USC 2103; DHS Delegation No. 0170.1, para (92) Legal Deadline: None

Timetable:
Action Date FR Cite Interim Final Rule Effective 01/13/2006
Interim Final Rule 01/13/2006 71 FR 2154 Interim Final Rule Comment Period End 04/13/2006
NPRM 04/00/2011

Additional Information: The docket number for this rulemaking is USCG-2004-17455. The docket can be found at www.regulations.gov.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Related RINs: Related to 1625-AA81; Related to 1625- AB02 Related Agencies: Common: TSA
Agency Contact: Gerald P. Miante Program Manager, CG-5221 Department of Homeland Security U.S. Coast Guard 2100 Second Street SW., STOP 7126 Washington , DC 20593-7126 Phone: 202 372-1407

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AB06

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Title: Inspection of Towing Vessels Abstract: This rulemaking would implement a program of inspection for certification of towing vessels, which were previously uninspected. It would prescribe standards for safety management systems and third-party auditors and surveyors, along with standards for construction, operation, vessel systems, safety equipment, and recordkeeping.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: Undetermined 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

Regulatory Plan:
Statement of Need: This rulemaking would implement sections 409 and 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 and safety management systems. 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 (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. In addition to inclusion in a particular existing subchapter (or subchapters) for equipment-related concerns, 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 costs 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. We are currently developing cost estimates for the proposed rule. 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.

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 01/00/2011

Additional Information: The Regulations.gov docket number is USCG-2006-24412.

Regulatory Flexibility Analysis Required: Business; Governmental Jurisdictions; Organizations Government Levels Affected: State

Federalism: No Energy Affected: Undetermined RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: Michael Harmon Program Manager, CG-5222 Department of Homeland Security U.S. Coast Guard 2100 2nd Street SW., STOP 7126 Washington , DC 20593-7126 Phone: 202 372-1427 E-Mail: michael.j.harmon@uscg.milDepartment of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AB21

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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 card 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 card readers may be employed. For example, we will consider the types of vessels and facilities that will use TWIC readers, locations of secure and restricted areas, operational constraints, and need for accessibility. Recordkeeping requirements, amendments to security plans, and the requirement for data exchanges (i.e., TWIC hotlist) between TSA and vessel or facility owners/operators will also be addressed in this rulemaking.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 33 CFR, subchapter H (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1226; 33 USC 1231; 46 USC ch 701; 50 USC 191 and 192; EO 12656 Legal Deadline: The final rule is required 2 years after the commencement of the pilot program.
Action Source Description Date

Other Statutory SAFE Port Act, codified at 46 USC 70105(k) 08/20/2010

Timetable:
Action Date FR Cite
ANPRM 03/27/2009 74 FR 13360 Notice of Public Meeting 04/15/2009 74 FR 17444 Notice of Public Meeting Comment Period End 05/26/2009 ANPRM Comment Period End 05/26/2009
NPRM 11/00/2011

Additional Information: The docket number for this rulemaking is USCG-2007-28915. The docket can be found at www.regulations.gov.

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No Energy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Related RINs: Related to 1625-AB02 Related Agencies: Common: TSA Agency Contact: LCDR Loan O'Brien Project Manager Department of Homeland Security U.S. Coast Guard Commandant, (CG-5442) 2100 2nd Street SW., STOP 7581 Washington , DC 20593-7581 Phone: 877 687-2243 Extension: Optn 1 FAX: 202 372-1906 E-Mail: loan.t.o'brien@uscg.mil

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AB32

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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 willset 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 E.O. 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: The Coast Guard considered alternative mechanisms for restating the preemptive effect of regulations, including the use of a notice of policy. These methods would not provide the same level of transparency as codification in the Code of Federal Regulations, however, because they would not be as readily located by State and local government or other members of the public. They also would not satisfy the President’s May 20, 2009, memorandum regarding preemption, which directs agencies to include preemption provisions in the codified regulation.

Costs and Benefits: We expect no additional cost impacts to the industry from this proposed rule, because it only restates and clarifies the status of Federal and State law as it exists.

Risks: Not applicable to this rulemaking.
Timetable:
Action Date FR Cite
NPRM 03/00/2011

Additional Information: The docket number for this rulemaking is USCG-2008-1259. The docket can be found at www.regulations.gov.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.regulations.gov Public Comment URL: http://www.regulations.gov Agency Contact: LCDR Stephen DaPonte Program Manager Department of Homeland Security U.S. Coast Guard Commandant (CG-0941) 2100 2nd Street SW., STOP 7121 Washington , DC 20593-7121 Phone: 202 372-3865 E-Mail: stephen.daponte@uscg.mil

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AB34

View Related DocumentsTitle: Installation and Use of Engine Cut-Off Switches Abstract: The Coast Guard proposes to prevent recreational boating casualties caused by persons being struck by a boat or propeller when the boat operator is separated from the operating controls (e.g., falls overboard or is ejected). To do this, the Coast Guard proposes to require engine cut-off switches as a standard safety feature of propulsion machinery and/or starting controls installed on recreational boats less than 26 feet in length, and require operators of these recreational boats to use the switch. This proposed rulemaking would support the Coast Guard's broad role and responsibility of maritime safety and the National Recreational Boating Safety program's performance goal of reducing recreational boating casualties.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: Undetermined Unfunded Mandates: No CFR Citation: 33 CFR 175 and 183 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 46 USC 4306 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/00/2010

Additional Information: The docket number for this rulemaking is USCG-2009-0206. The docket can be found at www.regulations.gov.

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No Energy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: Jeff Ludwig Project Manager, CG-54221 Department of Homeland Security U.S. Coast Guard 2100 2nd Street SW., STOP 7581 Washington , DC 20593-7581 Phone: 202 372-1061 E-Mail: jeffrey.a.ludwig@uscg.mil

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AB36

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Title: General Bridge Regulation, Amendment Abstract: This rulemaking would define the terms "Unreasonable Obstruction to Navigation" and "Unused Bridges," and clarify the use of these terms as applied to the Coast Guard's ability to require the owner to remove a bridge that is no longer used for land transportation purposes.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 33 CFR 114 and 114.05; 33 CFR 116; 33 CFR 118 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 494; 33 USC 502 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 03/00/2011

Additional Information: The docket number for this rulemaking is USCG-2008-1188. The docket can be found at www.regulations.gov.Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined Federalism: No Energy Affected: No RIN Information URL: http://www.regulations.gov Public Comment URL: http://www.regulations.gov Agency Contact: J. Christopher Jaufmann ATTN: Project Manager, CG-5411 Department of Homeland Security U.S. Coast Guard COMMANDANT, (CG-5411) 2100 2nd Street SW., STOP 7683 Washington , DC 20593-7683 Phone: 202 372-1512 E-Mail: josef.c.jaufman@uscg.mil

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AB37

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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: Proposed Rule 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 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 10/21/2010 75 FR 65151 NPRM Comment Period End 04/21/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Related RINs: Previously Reported as 1625-AB01 Agency Contact: Sara Ju Project Manager, CG-5223 Department of Homeland Security U.S. Coast Guard COMMANDANT (CG-5223) 2100 Second Street SW., STOP 7126 Washington , DC 20593-7126 Phone: 202 372-1422 E-Mail: sara.s.ju@uscg.mil

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AB38

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Title: Updates to Maritime SecurityAbstract: The Coast Guard proposes certain additions, changes, and amendments to 33 CFR, subchapter H. Subchapter H is comprised of parts 101 thru 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 enhance the security of our Nation's ports, vessels, facilities, and Outer Continental Shelf facilities and incorporate requirements from legislation implemented since the original publication of these regulations in 2003. 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 Maritime Transportation Security Act of 2002 (MTSA) hotline, and to implement various requirements found in the Security and Accountability for Every Port Act of 2006 and the Coast Guard and Maritime Transportation Act of 2006. 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 and the Coast Guard and Maritime Transportation Act of 2006.

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. Industry would incur additional costs as a result of provisions for standardized training requirements, updates to security plans and other documentation, and full-scale exercises requirements for high-risk facilities. The potential benefit from these provisions is reduction in risk of security incidents. 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. As a result, the primary benefit of the proposed rule would result from reducing the risk of a Transportation Security Incident (TSI) and therefore averting or mitigating the economic and environmental consequences of a TSI.

Risks: With this rulemaking, the Coast Guard seeks to maintain the risk reduction goals established with the promulgation of the original MTSA regulations and further reduce risks by incorporating provisions related to more recent legislation and warranted by our experience with subchapter H since 2003.
Timetable:
Action Date FR Cite
NPRM 03/00/2011

Additional Information: The Regulations.gov docket number for this rulemaking is USCG-2007-0009.

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No Federalism: No Energy Affected: No International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. RIN Information URL: http://www.regulations.gov Public Comment URL: http://www.regulations.gov Agency Contact: LCDR Loan O'Brien Project Manager Department of Homeland Security U.S. Coast Guard Commandant, (CG-5442) 2100 2nd Street SW., STOP 7581 Washington , DC 20593-7581 Phone: 877 687-2243 Extension: Optn 1FAX: 202 372-1906 E-Mail: loan.t.o'brien@uscg.mil

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AB51

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Title: Potable Water Standards for Inspected Vessels Abstract: The Coast Guard proposes adding regulations in title 46 Code of Federal Regulations to require that water supplied for washing and drinking by passengers and crew must meet the Food and Drug Administration (FDA) stands for potable water in title 21, Code of Federal Regulations, parts 1240 and 1250. This action is being taken as a result of amendments to title 46, United States Code, section 3305(a) in the Coast Guard and Maritime Transportation Authorization Act of 2004 (Public Law 108-293, August 9, 2004). As most inspected vessels engage in interstate trade and are already subject to FDA regulations or already supply potable water for washing and drinking by the passengers and crew, we expect this proposed rule to have little impact on inspected vessels.

Priority: Other Significant 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: 46 USC 3305,; 46 USC 3306 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 04/00/2011

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: Thane Gilman Project Manager, CG-5213 Department of Homeland Security U.S. Coast Guard 2100 Second Street SW. Washington , DC 20593 Phone: 202 372-1383 E-Mail: thane.gilman@uscg.mil

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AB53

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Title: Barges Carrying Bulk Liquid Hazardous Materials Cargoes Abstract: The Coast Guard has developed alternative rules for tank barges carrying certain hazardous materials. This rulemaking would clarify the regulations in 46 CFR part 151 and provide updated regulations in a new 46 CFR part 152. This rulemaking would support the Coast Guard’s strategic goal of maritime safety.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: Undetermined Unfunded Mandates: No CFR Citation: 46 CFR 151 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 46 USC 3703; DHS Delegation 0170.1 Legal Deadline: None

Timetable:
Action Date FR CiteNPRM 05/00/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined Energy Affected: Undetermined RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: Suzanne C. Chang Project Manager (CG5223) Department of Homeland Security U.S. Coast Guard 2100 2nd Street SW., STOP 7126 Washington , DC 20593-7126 Phone: 202 372-1423 Agency Contact: Thomas J. Felleisen Project Manager (CG-5223) Department of Homeland Security U.S. Coast Guard 2100 2nd Sreet SW., STOP 7126 Washington , DC 20593-7126 Phone: 202 372-1424 E-Mail: thomas.j.fellesien@uscg.mil

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AB54

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Title: Clarification of Discovery Rules Used in Administrative Proceedings of the U.S. Coast Guard Abstract: In this rulemaking project, the U.S. Coast Guard would amend the discovery rules found in 33 CFR part 20 to clarify those rules and make them easier for all parties to understand. These amendments would further define and simplify the rules for initial disclosures and discovery. This rulemaking proposes to amend Coast Guard’s discovery rules in administrative hearings to clarify procedural regulations in contested proceedings and improve the efficiency of the hearing process. These amendments would further define the rules for initial disclosures and discovery and are envisioned to assist the unrepresented mariner, decrease discovery related time and burden, and reflect the best practice methods generally found in administrative law.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 33 CFR 20 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1321; 42 USC 9609; 46 USC 7701 and 7702; DHS Delegation No. 0170.1 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/00/2010

Additional Information: The docket number for this rulemaking is USCG-2010-0173. The docket may be found at www.regulations.gov.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Related RINs: Related to 1625-AA59 Agency Contact: Megan H. Allison Office of Chief Administrative Law Judge (CG-00J) Department of Homeland Security U.S. Coast Guard 2100 2nd Street SW., Stop 7000Washington , DC 20593-0001 Phone: 202 372-4442 E-Mail: megan.h.allison@uscg.mil

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AA32

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Title: Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters Abstract: This rulemaking adds performance standards to 33 CFR part 151, subparts C and D, for discharges of ballast water. It supports the Coast Guard's broad roles and responsibilities of maritime safety and maritime stewardship. This project is economically significant.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule Major: Yes Unfunded Mandates: Private Sector CFR Citation: 33 CFR 151 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 16 USC 4711 Legal Deadline: None

Regulatory Plan:
Statement of Need: The unintentional introduction of nonindigenous species into U.S. waters via the discharge of vessels' ballast water has had significant impacts to the Nation's aquatic resources, biological diversity, and coastal infrastructures. This rulemaking would amend the ballast water management requirements (33 CFR part 151, subparts C and D) and establish standards that specify the level of biological treatment that must be achieved by a ballast water treatment system before ballast water can be discharged into U.S. waters. This would increase the Coast Guard's ability to protect U.S. waters against the introduction of nonindigenous species via ballast water discharges.

Legal Basis: Congress has directed the Coast Guard to develop ballast water regulations to prevent the introduction of nonindigenous species into U.S. waters under the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 and reauthorized and amended it with the National Invasive Species Act of 1996. This rulemaking does not have a statutory deadline.

Alternatives: The Coast Guard would use the standard rulemaking process to develop regulations for ballast water discharge standards. Nonregulatory alternatives such as navigation and vessel inspection circulars and the Marine Safety Manual have been considered and may be used for the development of policy and directives to provide the maritime industry and our field offices guidelines for implementation of the regulations. Nonregulatory alternatives cannot be substituted for the standards we would develop with this rule. Congress has directed the Coast Guard to review and revise its BWM regulations not less than every 3 years based on the best scientific information available to the Coast Guard at the time of that review. On August 28, 2009, the Coast Guard published the Notice of Proposed Rulemaking (NPRM) entitled Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters in the Federal Register (74 FR 44632). The proposed rule included a phase-in schedule (phase-one and phase-two) for the implementation of ballast water discharge standards based on vessel's ballast water capacity and build date (one that is one thousand times more stringent). The proposed phase-one standard is the same standard adopted by the International Maritime Organization (IMO) for concentration of living organisms in ballast water discharges. For phase-two, we propose incorporating a practicability review to determine whether technology to achieve a more stringent standard than the IMO standard can practicably be implemented. Based on the comments received, we plan to move forward swiftly with a final rule.

Costs and Benefits: This rulemaking would affect certain vessels operating in U.S. waters seeking to discharge ballast water into waters of the United States. Owners and operators of these vessels would be required to install and operate Coast Guard approved ballast water management systems before discharging ballast water into U.S. waters. Cost estimates for individual vessels vary due to the vessel class, type and size, and the particular technology of the ballast water management system installed. We expect the highest annual costs of this rulemaking during the periods of installation as the bulk of the existing fleet of vessels must meet the standards according to proposed phase-in schedules. The primary cost driver of this rulemaking is the installation costs for existing vessels. Operating and maintenance costs are substantially less than the installation costs. We evaluated the benefits of this rulemaking by researching the impact of aquatic nonindigenous species (NIS) invasions in the U.S. waters, since ballast water discharge is one of the main vectors of NIS introductions in the marine environment. The primary benefit of this rulemaking would be the economic and environmental damages avoided from the reduction in the number of new invasions as a result of the reduction in concentration of organisms in discharged ballast water. We expect that the benefits of this rulemaking would increase as the technology is developed to achieve more stringent ballast water discharge standards. The Coast Guard issued a preliminary regulatory analysis of the costs, benefits, and other impacts of the 2009 NPRM. In this preliminary analysis, we estimated the total phase-one costs to be about $1.18 billion over a 10-yearperiod of analysis (this and other values below at a 7 percent discount rate). As previously described, the implementation costs vary by year. We estimated the annualized cost over the same period to be approximately $168 million per year. We did not provide cost estimates for the phase-two costs in this preliminary analysis since data and information was not available at that time for technology that would meet the anticipated phase-two standard (1,000 x the IMO standard). In the same preliminaryanalysis, we estimated annualized benefits (damages avoided) for phase one are potentially as high as $553 million, with a midrange estimate of $165 million to $282 million per year. We estimated total phase-one benefits to be as high as $3.88 billion, with a mid-range estimate of $1.16 billion to $1.98 billion over a 10-year period of analysis. The Coast Guard has received public comments on the impacts of the NPRM and will be incorporating these comments into a revised Regulatory Analysis for the next rulemaking publication.

Risks: Ballast water discharged from ships is a significant pathway for the introduction and spread of non-indigenous aquatic nuisance species. These organisms, which may be plants, animals, bacteria or pathogens, have the potential to displace native species, degrade native habitats, spread disease and disrupt human economic and social activities that depend on water resources. It is estimated that for areas such as the Great Lakes, San Francisco Bay, and Chesapeake Bay, one nonindigenous species becomes established per year. At this time, it is difficult to estimate the reduction of risk that would be accomplished by promulgating this rulemaking; however, it is expected a major reduction will occur. We are currently requesting information on costs and benefits of more stringent ballast water discharge standards.
Timetable:
Action Date FR Cite
ANPRM 03/04/2002 67 FR 9632 ANPRM Comment Period End 06/03/2002
NPRM 08/28/2009 74 FR 44632 Public Meeting 09/14/2009 74 FR 46964 Public Meeting 09/28/2009 74 FR 49355 Public Meeting 09/22/2009 74 FR 48190 Notice--Extension of Comment Period 10/15/2009 74 FR 52941 Public Meeting Correction 10/26/2009 74 FR 54944 Public Meeting 10/22/2009 74 FR 54533 NPRM Comment Period End 12/04/2009 74 FR 52941
Final Rule 04/00/2011

Additional Information: The Regulations.gov docket number for this rulemaking is USCG-2001-10486.

Regulatory Flexibility Analysis Required: Business Government Levels Affected: State Federalism: No Energy Affected: No International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: Mr. John C Morris Project Manager Department of Homeland Security U.S. Coast Guard 2100 Second Street SW., STOP 7126 Washington , DC 20593-7126 Phone: 202 372-1433 E-Mail: john.c.morris@uscg.mil

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AA48

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Title: Traffic Separation Schemes in the Strait of Juan De Fuca and Its Approaches; in Puget Sound and Its Approaches; in Haro Strait, Boundary Pass; and in the Strait of Georgia Abstract: This rulemaking may propose to amend the existing traffic separation schemes (TSS): in the Strait of Juan de Fuca and its approaches; in Puget Sound and its approaches; in Haro Strait, Boundary Pass, and in the Strait of Georgia. These amendments currently appear on National Oceanic and Atmospheric Administration navigation charts, in International Maritime Organization's "Ships' Routeing," and have been validated by several recent vessel routing studies. With the amendments in place, commercial vessels would be routed farther offshore when entering or departing the TSS, providing an extra margin of safety and environmental protection in the Olympic Coast National Marine Sanctuary and adjacent waters. This rulemaking willincorporate the modified TSS into the Code of Federal Regulations. This project supports the Coast Guard's broad roles and responsibilities of maritime safety and maritime stewardship.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 33 CFR 167 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1223 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 08/27/2002 67 FR 54981 NPRM Comment Period End 10/28/2002
Interim Final Rule 11/19/2010 75 FR 70818 Interim Final Rule Comment Period End 01/03/2011
Interim Final Rule Effective 01/18/2011

Additional Information: The docket number for this rulemaking is USCG-2002-12702. The docket can be found at www.regulations.gov.

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State; Tribal Federalism: No Energy Affected: No International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: Mr. George Detweiler Commandant (CG-5533), Program Manager Department of Homeland Security U.S. Coast Guard ATTN: Navigation Standards Division 2100 2nd Street SW., STOP 7581 Washington , DC 20593-7581 Phone: 202 372-1566

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AB20

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Title: Passenger Weight and Inspected Vessel Stability Requirements 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.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 46 CFR 115; 46 CFR 71; 46 CFR 122; 46 CFR 170 to 172; 46 CFR 174 to 176; 46 CFR 178; 46 CFR 185; 46 CFR 114; 46 CFR 179 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1321(j); 43 USC 1333; 46 USC 2103; 46 USC 2113; 46 USC 3205; 46 USC 3301; 46 USC 3306; 46 USC 3307; 46 USC 3703; 46 USC 5115; 46 USC 6101; 49 USC App 1804; EO 11735; EO 12234; DHS Delegation No 0170.1; PL 103-206, 107 Stat 2439 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 08/20/2008 73 FR 49244NPRM Comment Period End 11/18/2008 NPRM Comment Period Reopened 12/08/2008 73 FR 74426 NPRM Comment Period End 02/06/2009 NPRM Comment Period Reopened 02/18/2009 74 FR 7576 NPRM Comment Period End 03/20/2009
Final Action 12/00/2010

Additional Information: The docket number for this rulemaking is USCG-2007-0030. The docket can be found at www.regulations.gov.

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No Federalism: No Energy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: William Peters Program Manager, Office of Design and Engineering Standards, Systems Engineering Division (CG-5212) Department of Homeland Security U.S. Coast Guard 2100 2nd Street SW., STOP 7126 Washington , DC 20593-7126 Phone: 202 372-1371 E-Mail: william.s.peters@uscg.mil

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AB27

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Title: Nontank Vessel Response Plans and Other Vessel Response Plan Requirements Abstract: This rulemaking would establish regulations requiring owners or operators of nontank vessels to prepare and submit oil spill response plans. The Federal Water Pollution Control Act defines nontank vessels as self-propelled vessels of 400 gross tons or greater that operate on the navigable waters of the United States, carry oil of any kind as fuel for main propulsion, and are not tank vessels. The NPRM proposed to specify the content of a response plan, and among other issues, address the requirement to plan for responding to a worst case discharge and a substantial threat of such a discharge. Additionally, the NPRM proposed to update International Shipboard Oil Pollution Emergency Plan (SOPEP) requirements that apply to certain nontank vessels and tank vessels. Finally, the NPRM proposed to require vessel owners and operators to submit their vessel response plan control number as part of the notice of arrival information. This project supports the Coast Guard's broad roles and responsibilities of maritime stewardship.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: Undetermined CFR Citation: 33 CFR 151; 33 CFR 155; 33 CFR 160 (To search for a specific CFR, visit the Code of Federal Regulations )

Legal Authority: 3 USC 301 to 303; 33 USC 1223; 33 USC 1231; 33 USC 3121; 33 USC 1903; 33 USC 1908; 46 USC 6101 Legal Deadline: None

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 02/00/2011

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: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: NoEnergy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Related RINs: Related to 1625-AA19; Related to 1625- AA26 Agency Contact: LT DeWitz M. Jarrod Project Manager, CG-543 Department of Homeland Security U.S. Coast Guard 2100 2nd Street SW., Stop 7581 Washington , DC 20593-7581 Phone: 202 372-1219 E-Mail: jarrod.m.dewitz@uscg.mil

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AB28

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Title: Notice of Arrival on the Outer Continental Shelf Abstract: Currently, foreign vessels arriving at a place on the Outer Continental Shelf (OCS) need not provide any advance notice to the Coast Guard. In order to improve Maritime Domain Awareness and security on the OCS, this rule would require each foreign vessel intending to arrive at a place on the OCS to provide the National Vessel Movement Center (NVMC) with an advance notice of arrival (NOA). The Coast Guard proposed placing those same requirements on U.S. units arriving on and engaging in OCS activities from foreign ports or places because they pose the same security risks as foreign vessels. The Coast Guard proposed the data to be included in the notices, and the times at which the notices must be submitted, would be similar to the existing requirements, in 33 CFR part 160, for NOAs from ships arriving at a port or place in the United States.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 33 CFR 146 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: PL 109-347, sec 109; 33 USC 1223; Outer Continental Shelf Lands Act; 33 USC 1226 Legal Deadline: Section 109 of the SAFE Port Act requires the Coast Guard to promulgate NOA regulations for foreign vessels on the OCS within 180 days of passage of the Act. The President signed the Act on October 13, 2006, and the deadline passed on April 11, 2007.
Action Source Description Date

Other Statutory Public Law 109-347, section 109. 04/11/2007

Timetable:
Action Date FR Cite
NPRM 06/22/2009 74 FR 29439 NPRM Comment Period End 09/21/2009
Final Rule 12/00/2010

Additional Information: The docket number for this rulemaking is USCG-2008-1088. The docket can be found at www.regulations.gov.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business 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: James Magill Project Manager Department of Homeland Security U.S. Coast Guard Commandant, CG-5222 2100 Second Street SW., STOP 7126 Washington , DC 20593-7126 Phone: 202 372-1414 E-Mail: james.m.magill@uscg.milDepartment of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AB33

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Title: Protection for Whistle Blowers in the Coast Guard Abstract: The Coast Guard is amending its "Coast Guard Whistleblower Protection" regulations to conform to statutory protections for all members of the armed forces. The revised regulations broaden the protection already afforded uniformed members of the Coast Guard by: (1) Providing other persons and organizations in addition to members of Congress or an Inspector General to whom Coast Guard members may take protected communications, and (2) expanding the subject matter of protected communications to include sexual harassment and discrimination, among other subjects. Additionally, changes to the regulations update the responsibilities of the Inspector General of the Department of Homeland Security to conform to relevant statutory provisions.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 33 CFR 53 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 10 USC 1034; PL 100-456, sec. 846; PL 107-296, sec. 883; PL 101-225 Legal Deadline: None

Timetable:
Action Date FR Cite
Direct Final Rule 12/00/2010

Additional Information: The docket number for this rulemaking is USCG-2009-10239. 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: www.regulations.gov Public Comment URL: www.regulations.gov Related RINs: Related to 1625-AA50 Agency Contact: LT Brendan O'Shea Office of General Law (CG-0944) Department of Homeland Security U.S. Coast Guard 2100 2nd Street SW., STOP 7121 Washington , DC 20593-7121 Phone: 202 372-3765 E-Mail: brendan.p.o'shea@uscg.mil

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AB45

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Title: Changes to Standard Numbering System, Vessel Identification System, and Boating Accident Report Database Abstract: The Coast Guard proposes to amend its regulations related to numbering of undocumented vessels and reporting of casualties. These changes would align and modernize terminology used in the Standard Numbering System (SNS), the Vessel Identification System (VIS), and casualty reporting. The proposal would also require validation of vessel hull identification numbers; require SNS vessel owners to provide personally identifiable information; and provide administrative flexibility for States. Together, the proposed changes would improve recreational boating safety efforts, enhance law enforcement capabilities, advance maritime security, and clarify requirements for all stakeholders.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 33 CFR 173 and 174; 33 CFR 181 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 31 USC 9701; 46 USC 2110; 46 USC 4302; 46 USC 4310; 46 USC 6101 and 6102; 46 USC 12301 and12302; 46 USC 12502; PL 100-710; DHS Security Delegation No 0170.1 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 05/07/2010 75 FR 25137 NPRM Comment Period End 08/05/2010 Reopening of Public Comment Period 08/16/2010 75 FR 49869 Reopening of Public Comment Period End 10/15/2010
Final Rule 09/00/2011

Additional Information: The docket number for this rulemaking is USCG-2003-14963. The docket can be found at www.regulations.gov.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Related RINs: Previously Reported as 1625-AA70 Agency Contact: Jeff Ludwig Project Manager, CG-54221 Department of Homeland Security U.S. Coast Guard 2100 2nd Street SW., STOP 7581 Washington , DC 20593-7581 Phone: 202 372-1061 E-Mail: jeffrey.a.ludwig@uscg.mil

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AB48

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Title: Great Lakes Pilotage Rates--2011 Annual Review and Adjustment Abstract: The Coast Guard proposes to increase the 2011 rates for pilotage on the Great Lakes to generate sufficient revenue to cover allowable expenses, target pilot compensation, and return on investment. This rulemaking promotes the Coast Guard’s strategic goal of maritime safety.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final 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. 03/01/2011

Timetable:
Action Date FR Cite
NPRM 08/19/2010 75 FR 51191 NPRM Comment Period End 09/20/2010
Final Rule 01/00/2011

Additional Information: The docket number for this rulemaking is USCG-2010-0517. 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 otherwisebe of international interest. RIN Information URL: http://www.regulations.gov Public Comment URL: http://www.regulations.gov Related RINs: Related to 1625-AB39 Agency Contact: Paul Wasserman Director, Great Lakes Pilotage (CG-54122) Department of Homeland Security U.S. Coast Guard 2100 2nd Street SW., STOP 7581 Washington , DC 20593-7581 Phone: 202 372-1535 E-Mail: paul.m.wasserman@uscg.mil

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AB49

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Title: Temporary Suspension of Certain Oil Spill Response Time Requirements to Support Deepwater Horizon Oil Spill Response Abstract: This emergency temporary final rule suspends certain oil spill response time requirements for certain facilities and vessels. This rule provides oil spill removal organizations (OSROs), and facilities and vessels with their own response resources, with the ability to relocate response resources from current locations to the Gulf of Mexico to aid in the response to the Deepwater Horizon oil spill. This action facilitates the participation of OSROs, facilities and vessels located outside of the Gulf region. This temporary final rule is effective through December 31, 2010.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 33 CFR 154; 33 CFR 155 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1231; 33 USC 1321(j)(1)(C); 33 USC 1321(j)(5); 33 USC 1321(j)(6); 33 USC 1321(m)(2); sec 2; EO 12777, 56 FR 54757; Department of Homeland Security Delegation No 0170.1,; subpart F is also issued under 33 USC 2735 Legal Deadline: None

Timetable:
Action Date FR Cite
Final Rule 06/30/2010 75 FR 37713 Final Rule Comment Period End 08/16/2010
Final Action 12/00/2010

Additional Information: The Coast Guard docket number is USCG-2010-0592. The docket may be found on 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 Agencies: Joint : EPA Agency Contact: David Condino Ports and Facilities Division Department of Homeland Security U.S. Coast Guard 2100 2nd Street SW., STOP 7561 Washington , DC 20593 Phone: 202 372-1145 E-Mail: david.a.condino@uscg.mil

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AB55View Related Documents

Title: Traffic Separation Schemes: In the Approaches to Portland, ME; Boston, MA; to Narragansett Bay, RI and Buzzards Bay, MA; Chesapeake Bay, VA Abstract: With this final rule, the Coast Guard updates its regulations in 33 CFR part 167-Offshore Traffic Separation Schemes, by adding regulatory text, for existing traffic separation schemes in the Approaches to Portland, Maine; in the Approach to Boston, Massachusetts; in the Approaches to Narragansett Bay, Rhode Island and Buzzards Bay, Massachusetts; and in the Approaches to the Cape Fear River, North Carolina. In addition, the Coast Guard updates the existing regulations for the traffic separation scheme in the Approaches to Chesapeake Bay, Virginia to incorporate changes made in 2005 as a result of the Port Access Route Study recommendations and subsequent public comment.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 33 CFR 167 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1223(c)(4) Legal Deadline: None

Timetable:
Action Date FR Cite
Final Action 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: Mr. George Detweiler Commandant (CG-5533), Program Manager Department of Homeland Security U.S. Coast Guard ATTN: Navigation Standards Division 2100 2nd Street SW., STOP 7581 Washington , DC 20593-7581 Phone: 202 372-1566

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AA00

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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 UndeterminedAdditional Information: Routine and frequent rulemakings issued under this RIN will each have an individual docket number.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.regulations.gov Public Comment URL: http://www.regulations.gov Agency Contact: Mr. George Detweiler Commandant (CG-5533), Program Manager Department of Homeland Security U.S. Coast Guard ATTN: Navigation Standards Division 2100 2nd Street SW., STOP 7581 Washington , DC 20593-7581 Phone: 202 372-1566

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AA01

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Title: Special Anchorage Areas/Anchorage Grounds Regulations Abstract: These routine and frequent regulations are established where maritime and commercial interests require them for safety of navigation. Special anchorage areas are areas in which vessels of not more than 65 feet may anchor without displaying the required lights or sound signals because they have been found to be unnecessary to maintain marine safety in this environment. These special anchorage areas are limited geographically, and, depending on the purpose of the designation, establish both long- and short-term anchorages. Anchorage grounds are limited geographically, delineate the types and size of vessel that may use the anchorage, and may place time and other restrictions on use of the anchorage. Regulations designating special anchorage areas and anchorage grounds are promulgated by District Commanders in response to requests from appropriate officials. These routine and frequent rulemakings support the Coast Guard's broad role and responsibility of maritime safety. Approximately five actions are expected annually.

Priority: Routine and Frequent Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 33 CFR 110 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 471; 33 USC 1221 to 1236; 33 USC 2030; 33 USC 2035; 33 USC 2071 Legal Deadline: None

Timetable:
Action Date FR Cite
Next Action Undetermined

Additional Information: Routine and frequent rulemakings issued under this RIN will have individual docket numbers.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Mr. George Detweiler Commandant (CG-5533), Program Manager Department of Homeland Security U.S. Coast Guard ATTN: Navigation Standards Division 2100 2nd Street SW., STOP 7581 Washington , DC 20593-7581 Phone: 202 372-1566

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AA02View 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 discharge-removal 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. This project is considered significant because of substantial public interest.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action 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
Next Action Undetermined
ANPRM 08/30/1991 56 FR 43534 ANPRM Comment Period End 10/16/1991
NPRM 09/29/1992 57 FR 44912 NPRM Comment Period End 10/29/1992 NPRM Comment Period Extended 10/26/1992 57 FR 48489 NPRM Comment Period Extended 11/16/1992 57 FR 48489
Interim Final Rule 12/22/1993 58 FR 67988 Correction 01/26/1994 59 FR 3749 Interim Final Rule Effective 01/21/1994 Interim Final Rule Comment Period End 02/22/1994

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No Agency Contact: David A. Du Pont Project Manager, CG-523 Department of Homeland Security U.S. Coast Guard 2100 2nd Street SW., Stop 7126 Washington , DC 20593-7126 Phone: 202 372-1497 E-Mail: david.a.dupont@uscg.mil

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AA03

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Title: Claims Procedures Under the Oil Pollution Act of 1990 (USCG-2004-17697) Abstract: This rulemaking implements section 1013 (Claims Procedures) and section 1014 (Designation of Source and Advertisement) of the Oil Pollution Act of 1990. 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). This rulemaking supports the Coast Guard's broad role and responsibility of maritime stewardship.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: NoCFR Citation: 33 CFR 136 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 2713 and 2714 Legal Deadline: None

Timetable:
Action Date FR Cite
Interim Final Rule 08/12/1992 57 FR 36314 Correction 09/09/1992 57 FR 41104 Interim Final Rule Comment Period End 12/10/1992 Supplemental NPRM 01/00/2012

Regulatory Flexibility Analysis Required: Business; Governmental Jurisdictions; Organizations Government Levels Affected: Federal; Local; State; Tribal Federalism: No Energy Affected: No Agency Contact: Benjamin White Project Manager, National Pollution Funds Center Department of Homeland Security U.S. Coast Guard NPFC MS 7100 United States Coast Guard 4200 Wilson Boulevard Arlington , VA 20598-7100 Phone: 202 493-6863 E-Mail: benjamin.h.white@uscg.mil

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AA06

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Title: State Access to the Oil Spill Liability Trust Fund (USCG-2004-19123) Abstract: Pursuant to the Oil Pollution Act of 1990 (OPA 90), this action specifies how the Coast Guard will exercise the authority to obligate the pollution trust fund for oil spill response and clean-up efforts, and to enter into agreements with the States. The Coast Guard is evaluating the performance of the interim rule. This rulemaking supports the Coast Guard's broad role and responsibility of maritime stewardship.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 33 CFR 133 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 2712 Legal Deadline: None

Timetable:
Action Date FR Cite
Interim Rule 11/13/1992 57 FR 53968 Interim Final Rule Comment Period End 02/11/1993 Supplementary NPRM 04/00/2012

Additional Information: This rulemaking was formerly docket number CGD92-014.

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Benjamin White Project Manager, National Pollution Funds Center Department of Homeland Security U.S. Coast Guard NPFC MS 7100 United States Coast Guard 4200 Wilson Boulevard Arlington , VA 20598-7100 Phone: 202 493-6863 E-Mail: benjamin.h.white@uscg.milDepartment of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AA08

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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 forwatercraft in the area of the event, and temporary restrictions on waterways to accommodate the event. These rules are shortterm in nature (usually a single event of one to three days, for only part of each day), and usually encompass only a portion of a navigable waterway. These rules are promulgated by District Commanders and Captains of the Port in response to requests from event sponsors. These rulemakings support the Coast Guard's maritime safety and maritime stewardship missions with regard to the mobility of commercial and recreational vessel traffic. Approximately 50 actions are expected annually.

Priority: Routine and Frequent Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 33 CFR 100 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1233 Legal Deadline: None

Timetable:
Action Date FR Cite
Next Action Undetermined

Additional Information: Routine and frequent rulemakings issued under this RIN will have individual docket numbers. Regatta and Marine Parade regulations are also referred to as Special Local Regulations.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business; Organizations Federalism: No Energy Affected: No RIN Information URL: http://www.regulations.gov Public Comment URL: http://www.regulations.gov Agency Contact: Mr. George Detweiler Commandant (CG-5533), Program Manager Department of Homeland Security U.S. Coast Guard ATTN: Navigation Standards Division 2100 2nd Street SW., STOP 7581 Washington , DC 20593-7581 Phone: 202 372-1566

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AA09

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Title: Drawbridge Regulations Abstract: These routine and frequent regulations establish operating schedules and notice requirements for drawbridges across navigable waterways. Drawbridge regulations establish the permanent draw operation schedules for bridges and specify what notice mariners must give to request an opening. Short-term deviations from the permanent schedule may be issued for bridge repairs or to test the effectiveness of a proposed new opening schedule. Drawbridge regulations are promulgated by District Commanders usually at the request of the bridge owner or operator, or of local officials or local Coast Guard bridge administration officials. These routine and frequent rulemakings support the Coast Guard's broad roles and responsibilities of maritime safety and maritime stewardship in relation to the mobility of commercial and recreational vessel traffic. The total actions expected is 140 annually.

Priority: Routine and Frequent Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 33 CFR 117 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 499Legal 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 Room 5-0910 2100 Second Street SW., STOP 7683 Washington , DC 20593-7683 Phone: 202 372-1515

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AA11

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Title: Regulated Navigation Areas Abstract: These routine and frequent regulations establish operating requirements for vessels within specified geographic areas to ensure safety on the navigable waters where some special or unusual circumstance exists. Regulated navigation areas are limited areas in which the Coast Guard specifies operational or vessel restrictions, such as vessel entry, movement, or departure, and vessel size, speed, horsepower, or draft limitations. Regulated navigation areas are promulgated by District Commanders, usually at the request of Coast Guard marine safety officials or local maritime safety officials. These routine and frequent rulemakings support the Coast Guard's broad roles and responsibilities of maritime safety, and maritime stewardship. A total of 5-10 actions are expected annually.

Priority: Routine and Frequent Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 33 CFR 165 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1231; 33 USC 1226; 46 USC 701; 50 USC 191; 50 USC 195 Legal Deadline: None

Timetable:
Action Date FR Cite
Next Action Undetermined

Additional Information: Routine and frequent rulemakings issued under this RIN will have individual docket numbers.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Mr. George Detweiler Commandant (CG-5533), Program Manager Department of Homeland Security U.S. Coast Guard ATTN: Navigation Standards Division 2100 2nd Street SW., STOP 7581 Washington , DC 20593-7581 Phone: 202 372-1566Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AA12

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Title: Marine Transportation-Related Facility Response Plans for Hazardous Substances Abstract: This project would implement provisions of the Oil Pollution Act of 1990 that require an owner or operator of a marine transportation-related facility transferring bulk hazardous substances to develop and operate in accordance with an approved response plan. The regulations would apply to marine transportation-related facilities that, because of their location, could cause harm to the environment by discharging a hazardous substance into or on the navigable waters or adjoining shoreline. A separate rulemaking, under RIN 1625-AA13, was developed in tandem with this rulemaking and addresses hazardous substances response plan requirements for tank vessels. This project supports the Coast Guard's broad roles and responsibilities of maritime safety and maritime stewardship by reducing the consequence of pollution incidents. This action is considered significant because of substantial public and industry interest.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: Undetermined Unfunded Mandates: No CFR Citation: 33 CFR 154 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1321(j); PL 101-380; PL 108-293 Legal Deadline: None

Timetable:
Action Date FR Cite
Next Action Undetermined 00/00/0000
ANPRM 05/03/1996 61 FR 20084 Notice of Public Hearings 07/03/1996 61 FR 34775 ANPRM Comment Period End 09/03/1996
NPRM 03/31/2000 65 FR 17416 NPRM Comment Period End 06/29/2000

Additional Information: The docket number for this rulemaking is USCG-1999-5705. The docket can be found at www.regulations.gov. The Old Docket Number is CGD 94-048. Public hearings regarding this rulemaking were held in Washington, DC, on July 30, 1996; Houston, TX, on August 5, 1996; and Houston, TX, on February 26 and 27, 1997. Public meetings for the notice of proposed rulemaking were held in New Orleans, LA, on May 10 and 11, 2000.

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No Energy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Related RINs: Related to 1625-AA13 Agency Contact: CDR Michael Roldan Project Manager, CG-522 Department of Homeland Security U.S. Coast Guard 2100 2nd Street SW., STOP 7126 Washington , DC 20593-7126 Phone: 202 372-1420 E-Mail: luis.m.roldan@uscg.mil

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AA13

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Title: Tank Vessel Response Plans for Hazardous Substances and Shipboard Marine Pollution Emergency Plans for Noxious Liquid Substances Abstract: This project would implement provisions of the Oil Pollution Act of 1990 that require an owner or operator of a tank vessel carrying bulk hazardous substances to develop and submit to the Coast Guard a response plan and operate in accordance with an approved response plan. The regulations would apply to vessels operating on the navigable waters or within the Exclusive Economic Zone (EEZ) of the United States that carry bulk hazardous substances. Additionally, this project wouldupdate shipboard marine pollution emergency plans for noxious liquid substance (SMPEP-NLS) requirements that apply to certain nontank vessels and tank vessels. A separate rulemaking, under RIN 1625-AA12, would address hazardous substances response plan requirements for marine transportation-related facilities. This project supports the Coast Guard's broad roles and responsibilities of maritime safety and maritime stewardship by reducing the amount of chemicals entering the environment, as well as reducing the consequences of pollution incidents.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: Undetermined Unfunded Mandates: No CFR Citation: 33 CFR 151; 33 CFR 155 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1231; 33 USC 1321(j); PL 101-380; PL 108-293 Legal Deadline: None

Timetable:
Action Date FR Cite
Next Action Undetermined 00/00/0000
ANPRM 05/03/1996 61 FR 20084 Notice of Public Hearings 07/03/1996 61 FR 34775 ANPRM Comment Period End 09/03/1996
NPRM 03/22/1999 64 FR 13734 NPRM Comment Period Extended 06/15/1999 64 FR 31994 Notice of Public Hearing 06/15/1999 64 FR 31994 NPRM Comment Period End 06/21/1999 NPRM Extended Comment Period End 08/30/1999

Additional Information: The docket number for this rulemaking is USCG-1998-4354. The docket is located at www.regulations.gov. The old docket number is CGD 94-032. Public meetings regarding this rulemaking were held in Washington, DC, on July 30, 1996; Houston, TX, on August 5, 1996; and Houston, TX, on February 26 and 27, 1997. Public meetings for the notice of proposed rulemaking were held in Houston, TX, on August 12 and 13, 1999.

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No Energy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Related RINs: Related to 1625-AA12 Agency Contact: CDR Michael Roldan Project Manager, CG-522 Department of Homeland Security U.S. Coast Guard 2100 2nd Street SW., STOP 7126 Washington , DC 20593-7126 Phone: 202 372-1420 E-Mail: luis.m.roldan@uscg.mil

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AA21

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Title: Commercial Diving Operations Abstract: This project involves reviewing and updating the commercial diving regulations, which were first adopted in 1978. A review of the commercial diving regulations is needed to determine what parts should be updated or changed based on the current standards of safety, technology, and industry practices and to evaluate and minimize any impact of the rules upon small entities. The project supports the Coast Guard Maritime Safety, Security and Stewardship program's role and responsibility of reducing deaths and injuries on U.S. commercial vessels and the Coast Guard's broad role and responsibility of maritime safety.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action 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
NPRM 00/00/0000
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

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: Patrick Mannion Project Manager, CG-5222 Department of Homeland Security U.S. Coast Guard 2100 2nd Street SW, Stop 7126 Washington , DC 20593-7126 Phone: 202 372-1439 E-Mail: patrick.j.mannion@uscg.mil

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AA22

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Title: Improvements to Maritime Safety in Puget Sound-Area Waters Abstract: This rulemaking would promulgate measures to improve maritime safety in Puget Sound-Area waters including Puget Sound, the Strait of Juan de Fuca, passages around and through the San Juan Islands, and the Olympic Coast National Marine Sanctuary. Based on a determination by the Secretary of Transportation regarding the status of maritime safety in the Puget Sound area, the Coast Guard performed a risk analysis to study the feasibility of implementing new safety measures, including extended tug escort requirements and a dedicated response vessel. Public input will help develop any future proposed rules, if deemed necessary. This rulemaking supports the Coast Guard Maritime Safety, Security and Stewardship program's roles and responsibilities in reducing the amount of oil discharged into the marine environment and the Coast Guard's broad role and responsibility of maritime stewardship and maritime safety. This is a significant action due to substantial public interest.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 33 CFR ch I, subchapter P (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1223 and 1224 Legal Deadline: None

Timetable:
Action Date FR Cite
Next Action Undetermined
ANPRM 11/24/1998 63 FR 64937 ANPRM Comment Period End 05/24/1999

Additional Information: The docket number for this rulemaking is USCG-1998-4501. The docket can be found at www.regulations.gov.

Regulatory Flexibility Analysis Government Levels Affected: Local; State; TribalRequired: Undetermined Small Entities Affected: Governmental Jurisdictions Federalism: Undetermined Energy Affected: No International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: LT Bryson Spangler Project Manager, CG-521 Department of Homeland Security U.S. Coast Guard Room 1304, 2100 Second Street SW., STOP 7126 Washington , DC 20593-7126 Phone: 202 372-1357 E-Mail: bryson.t.spangler@uscg.mil

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AA25

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Title: Cargo Securing on Vessels Operating in U.S. Waters Abstract: This rulemaking would create a new requirement for cargo-securing manuals on U.S. vessels of 500 gross tons or more on international voyages. It would also add cargo-securing manual requirements for U.S. and foreign vessels of 500 gross tons or more operating in U.S. waters. The new rule is expected to reduce the loss of cargo, including hazardous material, in U.S. waters. Reducing cargo lost in U.S. waters supports the Coast Guard's broad roles and responsibilities of maritime stewardship and safety.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action 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
Next Action Undetermined
NPRM 12/01/2000 65 FR 75201 NPRM Comment Period End 03/01/2001

Additional Information: The docket number for this rulemaking is USCG-USCG-2000-7080. The docket can be found at www.regulations.gov.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: Ken Doyle Program Manager (CG-5222) Department of Homeland Security U.S. Coast Guard 2100 2nd Street SW., STOP 7126 Washington , DC 20593-7126 Phone: 202 372-1413 E-Mail: kenneth.j.doyle@uscg.mil

Department of Homeland Security (DHS)U.S. Coast Guard ( USCG ) RIN: 1625-AA59

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Title: Rules of Practice, Procedure, and Evidence for Administrative Proceedings of the Coast Guard Abstract: The Coast Guard maintains two separate sets of procedural rules: (1) The administrative adjudication rules against merchant mariners' licenses, certificates of registry, and documents; and (2) those for the adjudication of class II civil penalties. The rules for suspension and revocation, contained in part 5 of title 46 of the Code of Federal Regulations (CFR), date from 1948, and are based on criminal procedure. The rules for class II civil penalties, contained in part 20 of title 33 of the CFR, date from 1994, and are based on the Model Rules of Administrative Procedure and on other modern rules for civil procedure. Neither set implements the authority of the Oil Pollution Act of 1990 (OPA 90), which provides for the temporary suspension of a license, certificate of registry, or document for up to 45 days without a hearing, in certain circumstances, and a hearing within 30 days of any such suspension. This rulemaking would consolidate all procedural rules for administrative adjudications for class II civil penalties, and allow the Coast Guard to promulgate regulations implementing the OPA 90 authority. This project supports the broad role and responsibility of the Coast Guard to promote maritime safety. It would also align our rules with the Coast Guard and Maritime Transportation Act of 2004.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 33 CFR 20; 46 CFR 5 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 46 USC 7701 and 7702; 33 USC 1321; 42 USC 9609 Legal Deadline: None

Timetable:
Action Date FR Cite Supplemental NPRM 00/00/0000
NPRM 04/06/1998 63 FR 16731 NPRM Comment Period End 05/06/1998 NPRM Comment Period Reopened 05/20/1998 63 FR 27700 NPRM Comment Period End 06/19/1998
Interim Final Rule 05/24/1999 64 FR 28054 Interim Final Rule Correction 06/28/1999 64 FR 34540 Interim Final Rule Effective 06/23/1999 Interim Final Rule Comment Period End 07/23/1999 Interim Final Rule Comment Period Reopened 10/05/1999 64 FR 53970 Interim Final Rule Comment Period End 04/03/2000

Additional Information: This rulemaking revises in part the previous docket of CGD 94-101, which was terminated on December 20, 1995. The docket number for this rulemaking is USCG 1998-3472. The docket can be found at www.regulations.gov. See also the rulemaking under 1625-AB54, which deals with discovery procedures in administrative hearings.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Related RINs: Related to 1625-AB54 Agency Contact: Megan H. Allison Office of Chief Administrative Law Judge (CG-00J) Department of Homeland Security U.S. Coast Guard 2100 2nd Street SW., Stop 7000 Washington , DC 20593-0001 Phone: 202 372-4442 E-Mail: megan.h.allison@uscg.mil

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AA87

View Related DocumentsTitle: Security Zone Regulations Abstract: The Coast Guard uses these routine and frequent regulations to establish control of access to maritime areas to ensure the security of vessels, waterfront facilities, or individuals. Many of these zones are of short duration, a few hours to a few days, and all are geographically limited in area. Security zones are established for Presidential or Vice Presidential visits, high-profile events such as the Olympics, controversial events such as transport of spent nuclear fuel, and in response to the threat of terrorist attacks. Some security zones are implemented only at heightened security levels and only for the duration of the heightened alert. Security zones are promulgated by Captains of the Port or District Commanders. These routine and frequent rulemakings support the Coast Guard's broad roles and responsibilities of maritime security, safety, and stewardship. The total number of actions expected is 100 annually.

Priority: Routine and Frequent Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 33 CFR 165 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1226; 33 USC 1231; 50 USC 191; 33 CFR 6 Legal Deadline: None

Timetable:
Action Date FR Cite
Next Action Undetermined

Additional Information: Routine and frequent rulemakings issued under this RIN will each have an individual docket number.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: Wayne Young Project Manager, CG-5441 Department of Homeland Security U.S. Coast Guard 2100 2nd Street SW., STOP 7581 Washington , DC 20593-7581 Phone: 202 372-1118 E-Mail: wayne.young@uscg.mil

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AA89

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Title: Dry Cargo Residue Discharges in the Great Lakes Abstract: The historical practice of bulk dry cargo vessels on the Great Lakes is to discharge cargo residues ("dry cargo residue" or DCR) overboard. Dry cargo residue is cargo that remains on the deck or cargo spaces after loading or unloading operations. Generally, these residues include limestone and other clean stone, iron ore (such as taconite), coal, salt, and cement. These substances are primarily inorganic, non-toxic, and non-hazardous. Public Law 108-293, sec. 623(b), gives the Coast Guard regulatory authority over DCR discharges in the Great Lakes. An Interim Rule (73 FR 56492, Sep. 29, 2008) allows the discharge of bulk DCR in limited areas of the Great Lakes by self-propelled vessels and by any barge that is part of an integrated tug and barge unit. A supplemental notice of proposed rulemaking, prior to issuance of a final rule, is under study and could propose vessel or facility to use control measures to reduce the amount of residue discharges in the Great Lakes.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action 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 Supplemental NPRM 00/00/0000NPRM 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

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: Gary T. Croot CDR Department of Homeland Security U.S. Coast Guard 2100 2ND Street SW., STOP 7126 Washington , DC 20593-7126 Phone: 202 372-1430 E-Mail: gary.t.croot@uscg.mil

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AA99

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Title: Vessel Requirements for Notices of Arrival and Departure, and Automatic Identification System Abstract: This rulemaking proposed to 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, and mandate electronic submission of NOAD notices to the National Vessel Movement Center. The AIS portion of this rulemaking proposed to expand current AIS carriage requirements for the population identified in the Marine Transportation Security Act (MTSA) of 2002.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 33 CFR 160; 33 CFR 161; 33 CFR 164; 33 CFR 165 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1223; 33 USC 1225; 33 USC 1231; 46 USC 3716; 46 USC 8502 and ch 701; sec 102 of PL 107- 295; EO 1223; ... Legal Deadline: None

Timetable:
Action Date FR Cite
Final Action 00/00/0000
NPRM 12/16/2008 73 FR 76295 Notice of Public Meeting 01/21/2009 74 FR 3534 Notice of Second Public Meeting 03/02/2009 74 FR 9071 Notice of Second Public Meeting Comment Period End 04/15/2009 NPRM Comment Period End 04/15/2009

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 39355-56 and 39370, July 1, 2003). The docket number for this rulemaking is USCG-2005-21869. The docket can be found at www.regulations.gov.

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: NoSmall Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Related RINs: Related to 1625-AA93; Related to 1625- AB28 Agency Contact: LT Sharmine Jones Program Manager, Office of Vessel Activities, Foreign and Offshore Vessel Activities Div. (CG-5432) Department of Homeland Security U.S. Coast Guard 2100 2nd Street SW., STOP 7581 Washington , DC 20593-7581 Phone: 202 372-1234 E-Mail: sharmine.n.jones@uscg.mil Agency Contact: Jorge Arroyo Project Manager, Office of Navigation Systems CG-5531 Department of Homeland Security U.S. Coast Guard 2100 2nd Street SW., STOP 7683 Washington , DC 20593-7683 Phone: 202 372-1563 E-Mail: jorge.arroyo@uscg.mil

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AB26

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Title: Implementation of Vessel Security Officer Training and Certification Requirements--International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers, 1978 Abstract: The Coast Guard amended its regulations to implement the vessel security officer training and certification amendments to the International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers, 1978. These amendments incorporated the training and qualifications requirements for vessel security officer into the requirements for the credentialing of United States Merchant Mariners.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 33 CFR 104; 46 CFR 10; 46 CFR 15 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1226; 33 USC 1231; 46 USC 701; 50 USC 191; 33 CFR 1.05-1; 33 CFR 6.04-11; 33 CFR 6.14; 33 CFR 6.16; 33 CFR 6.19; DHS Security Delegation No 0170 Legal Deadline: None

Timetable:
Action Date FR Cite
Next Action Undetermined 00/00/0000
Interim Final Rule 05/20/2008 73 FR 29060 Interim Final Rule Effective 06/19/2008 Interim Final Rule Comment Period End 07/21/2008

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Related RINs: Related to 1625-AA16 Agency Contact: Mayte Medina Project Manager Department of Homeland Security U.S. Coast Guard Commandant, (CG-5221) 2100 Second Street SW., STOP 7126Washington , DC 20593-7126 Phone: 202 372-1406 E-Mail: mayte.medina2@uscg.mil

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AB30

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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: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 33 CFR subchapter H (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1226; 33 USC 1231 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 00/00/0000

Additional Information: The docket number for this rulemaking is USCG-2006-23846. The docket can be found at www.regulations.gov.

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined Small Entities Affected: No Federalism: No Energy Affected: No International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: LCDR Loan O'Brien Project Manager Department of Homeland Security U.S. Coast Guard Commandant, (CG-5442) 2100 2nd Street SW., STOP 7581 Washington , DC 20593-7581 Phone: 877 687-2243 Extension: Optn 1 FAX: 202 372-1906 E-Mail: loan.t.o'brien@uscg.mil

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AB35

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Title: Classification Society Approval Abstract: This proposed rule would incorporate the provisions of 46 U.S.C. 3316(c) regarding approval of classification societies into 46 CFR part 2.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 46 CFR 2 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1903; 46 USC 1333; 46 USC 2110; 46 USC 3103; 46 USC 3205; 46 USC 3306; 46 USC 3307; 46 USC 3703; 46 USC Chapter 701; EO 12234; 45 FR 58801; 3 CFR, 1980 comp., p. 277; DHS Delegation No. 0170.1Legal Deadline: None

Timetable:
Action Date FR Cite
Final Rule 00/00/0000
NPRM 04/23/2010 75 FR 21212 NPRM Comment Period End 07/22/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.regulations.gov Public Comment URL: http://www.regulations.gov Agency Contact: William Peters Program Manager, Office of Design and Engineering Standards, Systems Engineering Division (CG-5212) Department of Homeland Security U.S. Coast Guard 2100 2nd Street SW., STOP 7126 Washington , DC 20593-7126 Phone: 202 372-1371 E-Mail: william.s.peters@uscg.mil

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AB44

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Title: Carbon Dioxide Fire Suppression Systems on Commercial Vessels Abstract: The Coast Guard proposes to amend the current regulations for carbon dioxide fire suppression systems on commercial vessels. This proposed rule concerns the use of carbon dioxide (CO2) flooding systems to suppress fires on commercial vessels. Once, carbon dioxide systems were the only fire suppression systems that were suitable for certain manned spaces, but the potential lethality of carbon dioxide has always been a concern. In recent years, alternative systems have been developed that are comparable to carbon dioxide fire suppression, but are much safer in the event of an accidental discharge, or a discharge that takes place prematurely, before workers can evacuate the protected space. We would amend existing regulations to clarify that approved alternatives to carbon dioxide systems may be used; add new regulations to set general parameters for those approved alternatives and add a new requirement for lockout valves in manned spaces using carbon dioxide systems.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: Undetermined Unfunded Mandates: No CFR Citation: 46 CFR 13; 46 CFR 25; 46 CFR 27; 46 CFR 34; 46 CFR 76; 46 CFR 95; 46 CFR 108; 46 CFR 118 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1903(b); 43 USC 1333; 46 USC 2103; 46 USC 3306; 46 USC 3703; 46 USC 4102; 46 USC 4302; 46 USC 4502; 46 USC 6101; EO 12234; 45 FR 58801; 3 CFR, 1980 Comp., p. 277; DHS Delegation No 0170.1 Legal Deadline: None

Timetable:
Action Date FR Cite
Final Rule 00/00/0000
NPRM 02/24/2010 75 FR 8432 NPRM Comment Period End 05/25/2010

Additional Information: The docket number for this rulemaking is USCG-2006-24797. The docket can be found at www.regulations.gov.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Related RINs: Previously Reported as 1625-AB04 Agency Contact: LCDR Suzanne HemannProject Manager, CG-5214 Department of Homeland Security U.S. Coast Guard Commandant (CG-5214) 2100 2nd Street SW., STOP 7126 Washington , DC 20593-7126 Phone: 202 372-1353 E-Mail: suzanne.e.hemann@uscg.mil

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AB46

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Title: Lifesaving Equipment, Production Testing, and Harmonization With International Standards Abstract: The Coast Guard proposes to amend 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 proposed rule would harmonize the Coast Guard's design, construction, and performance standards for this lifesaving equipment with international standards. In addition, the proposed rule would provide 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.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action 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
Interim Final Rule 00/00/0000
NPRM 08/31/2010 75 FR 53458 NPRM Comment Period End 11/29/2010

Additional Information: The docket number for this rulemaking is USCG-2010-0048 [Formerly USCG-2007-27669]. The docket can be found at www.regulations.gov.

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Federalism: No Energy Affected: No RIN Information URL: http://www.regulations.gov Public Comment URL: http://www.regulations.gov Related RINs: Previously Reported as 1625-AB15 Agency Contact: Mr. George Grills Project Manager (CG-5214) Department of Homeland Security U.S. Coast Guard Mail Stop 7126 2100 2nd Street SW. Washington , DC 20593-7126 Phone: 202 372-1385 E-Mail: george.g.grills@uscg.mil

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AA17

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Title: Limited Service Domestic Voyage Load Lines for River Barges on Lake Michigan Abstract: This regulatory project will allow certain unmanned dry cargo river barges operating on Lake Michigan to be exempted from the normal Great Lakes load line requirements. Instead, they may qualify for a conditional load line exemption, orfor a limited service domestic voyage load line (depending on which Lake Michigan route). This rulemaking pertains to two specific routes: Chicago to Milwaukee, and Chicago to Muskegon. This rulemaking supports the Coast Guard's broad roles and responsibilities of maritime safety and maritime stewardship.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 46 CFR 45 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 46 USC 51 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 11/02/1998 63 FR 58679 NPRM Comment Period Extended 12/28/1998 63 FR 71411 NPRM Comment Period End 01/04/1999 NPRM Comment Period End 03/04/1999
Interim Final Rule 04/23/2002 67 FR 19685 Interim Final Rule Effective 05/23/2002 Collection of Information Sections Effective 06/20/2002 Interim Final Rule--Announcement of Effective Date of COI Sections 06/20/2002 67 FR 41847 Interim Final Rule Comment Period End 10/23/2002
Final Rule 11/18/2010 75 FR 70595 Final Rule Effective 12/20/2010

Additional Information: The docket number for this rulemaking is USCG-1998-4623. The docket is located at www.regulations.gov. The old docket number is CGD 95-015.

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: Thomas Jordan Program Manager, Office of Design and Engineering Standards, Naval Architecture Division CG-5212 Department of Homeland Security U.S. Coast Guard 2100 Second Street SW., STOP 7126 Washington , DC 20593-7126 Phone: 202 372-1370

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AA58

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Title: Vessel Traffic Service Lower Mississippi River Abstract: This project proposes to establish a new (mandatory) Vessel Traffic Service (VTS) area in the Lower Mississippi River region. This Vessel Traffic Service Area (VTSA) will span from 20 miles north of Baton Rouge (mile 255 Above Head of Passes (AHP)) out to sea, including the South and Southwest Pass. As part of the VTSA, a VTS Special Area will be designated between mile 93.5 and 95 Above Head of Passes (AHP). Unlike traditional VTSs, which are based on radar and video surveillance and rely on voice communications by VHF-FM radio, when fully operational, VTS Lower Mississippi River proposed to use an Automatic Identification System transponder technology to perform the majority of both surveillance and information exchange. This rulemaking supports the Coast Guard's broad roles and responsibilities of maritime safety and maritime stewardship.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 33 CFR 161; 33 CFR 165 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1223(a) Legal Deadline: NoneTimetable:
Action Date FR Cite
NPRM 04/26/2000 65 FR 24616 NPRM Comment Period End 07/25/2000 NPRM Comment Period Reopened 08/18/2000 65 FR 50479 NPRM Comment Period End 12/01/2000 Supplemental NPRM 11/12/2009 74 FR 58223 Supplemental NPRM Comment Period End 01/11/2010
Final Rule 10/28/2010 75 FR 66309 Final Action Effective 12/27/2010

Additional Information: This project was originally entitled "Vessel Traffic Service Lower Mississippi/Automatic Identification System Carriage Requirement." The VTS LMR will retain RIN 1625-AA58. The AIS carriage requirement was developed in a separate rulemaking (see USCG-2003-14757, RIN 1625-AA67 Final Rule published Oct. 22, 2003 in the Federal Register). The docket number for this rulemaking is USCG-1998-4399. The docket can be found at www.regulations.gov.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: LCDR James Larson Program Manager, CG-7413 Department of Homeland Security U.S. Coast Guard Room 6200 2100 Second Street SW., STOP 7684 Washington , DC 20593-7684 Phone: 202 372-1554

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AA93

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Title: Notification of Arrival in U.S. Ports; Certain Dangerous Cargoes; Electronic Submission Abstract: This rulemaking project would revise Notice of Arrival (NOA) regulations found at 33 CFR part 160, subpart C, by: 1) Adding to the list of certain dangerous cargo (CDC) ammonium nitrate and certain ammonium nitrate-based fertilizers, in bulk, as well as propylene oxide, alone or mixed with ethylene oxide, in bulk; 2) adding two options for vessels to submit NOAs electronically, and 3) defining CDC residue. In addition, the rulemaking would confirm that U.S. recreational vessels are not subject to part 160 requirements. This rulemaking would also revise 33 CFR parts 104 and 105 as necessary. This project supports the Coast Guard's broad roles and responsibilities of maritime safety, maritime security, and maritime stewardship.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 33 CFR 160; 33 CFR 104 and 105 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1226; 46 USC 701; 50 USC 191; 33 CFR 1.05-1; 33 CFR 6.04-11; 33 CFR 6.14; 33 CFR 6.16; 33 CFR 6.19; DHS Delegation No. 0170.1; 33 USC 1223; 33 USC 1231 Legal Deadline: None

Timetable:
Action Date FR Cite
Interim Rule 12/16/2005 70 FR 74663 Interim Final Rule Effective 01/17/2006 Interim Final Rule Comment Period End 03/16/2006
NPRM 12/23/2009 74 FR 68208 NPRM Comment Period End 02/22/2010
Final Rule 09/28/2010 75 FR 59617

Additional Information: The docket number for this rulemaking is USCG-2004-19963. The docket can be found at www.regulations.gov.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 Related RINs: Related to 1625-AA99 Agency Contact: LT Sharmine Jones Program Manager, Office of Vessel Activities, Foreign and Offshore Vessel Activities Div. (CG-5432) Department of Homeland Security U.S. Coast Guard 2100 2nd Street SW., STOP 7581 Washington , DC 20593-7581 Phone: 202 372-1234 E-Mail: sharmine.n.jones@uscg.mil Agency Contact: LCDR Gretchen Bailey Office of Hazardous Materials Standards Division (CG-5223) Department of Homeland Security U.S. Coast Guard Room 1214, 2100 Second Street SW., STOP 7126 Washington , DC 20593-7126 Phone: 202 372-1418 E-Mail: gretchen.m.bailey@uscg.mil

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AB13

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Title: Revision of LNG and LHG Waterfront Facility General Requirements Abstract: This project will revise Coast Guard requirements in 33 CFR part 127 for waterfront facilities that handle liquid hazardous gas (LHG) or liquid natural gas (LNG). This project will update references to the security requirements for these types of facilities to be consistent with 33 CFR parts 101 (General Provisions for Maritime Security) and 105 (Facility Security). This project will also revise part 127 to require the facility applicant to conduct, in addition to the part 105 facility security assessment, a suitability assessment of the waterway approaches to the facility. This will close a gap in our understanding of the vulnerabilities for these types of cargo.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 33 CFR 127 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1225 and 1226; 33 USC 1231; 46 USC 70102 and 70103; 50 USC 191; DHS Delegation No. 0170.1 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 04/28/2009 74 FR 19158 NPRM Comment Period End 06/29/2009
Final Rule 05/26/2010 75 FR 29420

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: CDR Patrick W. Clark Program Manager Department of Homeland Security U.S. Coast Guard Commandant, CG-5222 2100 2nd Street SW., STOP 7126 Washington , DC 20593-7126 Phone: 202 372-1410 E-Mail: patrick.w.clark@uscg.milDepartment of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AB39

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Title: Great Lakes Pilotage Rates--2010 Annual Review and Adjustment Abstract: The Coast Guard is proposing to update the 2010 rates for pilotage on the Great Lakes to generate sufficient revenue to cover allowable expenses, target pilot compensation, and returns on investment. This rulemaking promotes the Coast Guard strategic goal of maritime safety.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No 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: This deadline is intended to ensure current pilotage rates for the Great Lakes are in place at the beginning of each shipping season.
Action Source Description Date

Other Statutory The statutory deadline is March 1st of each year. 03/01/2010

Timetable:
Action Date FR Cite
NPRM 10/30/2009 74 FR 56153 NPRM Comment Period End 11/30/2009
Final Rule 02/23/2010 75 FR 7958 Final Rule Effective 08/01/2010

Additional Information: The docket number for this rulemaking is USCG-2009-0883. The docket can be found at www.regulations.gov.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: Paul Wasserman Director, Great Lakes Pilotage (CG-54122) Department of Homeland Security U.S. Coast Guard 2100 2nd Street SW., STOP 7581 Washington , DC 20593-7581 Phone: 202 372-1535 E-Mail: paul.m.wasserman@uscg.mil

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AB43

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Title: Inland Navigation Rules Abstract: In section 303 of the Coast Guard and Maritime Transportation Authorization Act of 2004 (Pub. L. 108-293), Congress repealed section 2 of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2001 to 2038) and amended section 3 to give the Secretary of the Department in which the Coast Guard is operating authority to issue inland navigation regulations. Therefore, through this project we would create a new 33 CFR part 83 for the inland navigation rules. The old sections of 33 U.S.C. would be moved to part 83 without change. Through this action, we seek to make the inland navigation rules easier to maintain and more accessible to the public. At this time, we expect no changes in industry behavior or additional costs as a result of this rulemaking.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: NoCFR Citation: 33 CFR 83 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: PL 108-293; 46 USC 3306; 46 USC 3316; DHS Delegation No 0170.1 Legal Deadline: None

Timetable:
Action Date FR Cite
Final Rule 04/15/2010 75 FR 19544 Final Rule Effective 05/17/2010 75 FR 19544 Final Rule Correction 07/20/2010 75 FR 41987

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: Kevin D'Eustachio Project Counsel Department of Homeland Security U.S. Coast Guard 2100 Second Street SW., STOP 7581 Washington , DC 20593-7581 Phone: 202 372-3854

Department of Homeland Security (DHS) U.S. Coast Guard ( USCG ) RIN: 1625-AB47

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Title: Bulk Solid Hazardous Materials: Harmonization With the International Maritime Solid Bulk Cargoes (IMSBC) Code Abstract: This rulemaking proposed to align national regulations with the adoption of amendments to Chapter VI of the International Convention for Safety of Life at Sea (SOLAS), 1974, as amended, for foreign and domestic vessels' international trade. It also proposed to eliminate the need to maintain previously-issued Coast Guard special permits for the carriage of solid hazardous materials in bulk. This project supports the Coast Guard Marine Safety and Environmental Protection program's goals to reduce crew member deaths and injuries on U.S. commercial vessels, to reduce the amount of environmentally hazardous substances discharged into the nation's waterways, and to promote the Coast Guard's strategic goal of maritime safety.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 46 CFR 97; 46 CFR 148 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1602; 46 USC 3306; 46 USC 5111; 49 USC 5103; EO 12234; DHS Delegation No. 0170.1 Legal Deadline: None

Timetable:
Action Date FR Cite Correction 06/18/2010 75 FR 34682
NPRM 06/17/2010 75 FR 34574 NPRM Comment Period End 07/19/2010
Final Rule 10/19/2010 75 FR 64585 Final Rule Effective 01/01/2011

Additional Information: The docket number for this rulemaking is USCG-2009-0091. 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.govAgency Contact: Richard C. Bornhorst Project Manager (CG-5223) Department of Homeland Security U.S. Coast Guard 2100 2nd Street SW., STOP 7126 Washington , DC 20593-7126 Phone: 202 372-1426 FAX: 202 372-1926 E-Mail: richard.c.bornhorst@uscg.mil

Department of Homeland Security (DHS) U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA45

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Title: Cargo Information (Manifest) Discrepancy Reporting Requirements and Penalty Guidelines Abstract: Amendment to parts 4, 18, 113, 122, 123, 146, and 158 of the Customs and Border Protection regulations concerning cargo information (manifest) discrepancy reporting requirements for all modes of commercial transportation (air, sea, rail, and truck). Amendment would require that any discrepancy from previously filed cargo information be reported to CBP by the responsible party immediately upon discovery, and that such reports, with limited exceptions, be submitted to CBP in an electronic format. Amendment would eliminate Customs Form 5931 and require that cargo declaration information be kept for a period of 5 years after conveyance arrival.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 19 CFR 4; 19 CFR 18; 19 CFR 113; 19 CFR 122 and 123; 19 CFR 146; 19 CFR 158 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 301; 19 USC 66; 19 USC 1431; 19 USC 1433 and 1434; 19 USC 1436; 19 USC 1581; 19 USC 1584; 19 USC 1498; 46 USC app 3; 46 USC app 91 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 01/00/2011

Additional Information: Transferred from RIN 1515-AD26

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Energy Affected: No Agency Contact: Rebecca De Jesus Attorney-Advisor, Penalties Branch Department of Homeland Security U.S. Customs and Border Protection Regulations and Rulings Mint Annex 799 9th Street NW. Washington , DC 20229 Phone: 202 325-0064 Agency Contact: Chris Pappas Department of Homeland Security U.S. Customs and Border Protection 799 9th Street NW. Washington , DC 20229 Phone: 202 325-0109

Department of Homeland Security (DHS) U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA75

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Title: Issuance of an Arrival and Departure Form (I-94) Valid for Multiple Entries for Certain AliensAbstract: Under the current regulations, Customs and Border Protection (CBP) is required to issue a new Arrival and Departure form (I-94) to an alien who has been granted an extended period of parole upon each entry to the United States. This document announces that CBP is proposing to amend current regulations regarding the parole granted aliens for humanitarian reasons and for the purpose of significant public benefit to allow CBP to issue one I-94 that would be valid multiple times to aliens granted extended parole. Under this proposal, the I-94 would be valid for a specified pre-authorized period, rather than requiring CBP to continue to re-issue subsequent I-94 multiple times during the specified parole period.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 8 CFR 212.5(e)(1)(i) (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1182(d)(5)(A); 8 USC 1101 and note; 8 USC 1102 and 1103; ... Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Energy Affected: No Agency Contact: Xavier Rios Department of Homeland Security U.S. Customs and Border Protection 1300 Pennsylvainia Avenue NW. Room 6.5A Washington , DC 20229 Phone: 202 344-2632

Department of Homeland Security (DHS) U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA80

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Title: Permissible Sharing of Client Records by Customs Brokers Abstract: This document proposes to amend Customs and Border Protection (CBP) regulations in title 19 of the Code of Federal Regulations (CFR) pertaining to the obligations of customs brokers to keep clients’ information confidential.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 19 CFR 111.24 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 19 USC 66; 19 USC 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States (HTSUS)); 19 USC 1624; 19 USC 1641 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 10/27/2010 75 FR 66050 NPRM Comment Period End 12/27/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Energy Affected: No Agency Contact: Anita S. Harris Chief, Broker Compliance Branch, Trade Policy and Programs Department of Homeland Security U.S. Customs and Border Protection Office of International Trade 1400 L Street NW. Washington , DC 20229-1143 Phone: 202 863-6069Department of Homeland Security (DHS) U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA68

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Title: Land Border Carrier Initiative Program Abstract: Amendment to remove from the CBP regulations the regulatory provisions pertaining to the Land Border Carrier Initiative Program (LBCIP). The LBCIP regulations enlist the voluntary cooperation of commercial carriers as part of CBP's effort to prevent the smuggling of controlled substances into the United States. Since the promulgation of the LBCIP regulations, CBP has developed a more comprehensive voluntary industry partnership known as the Customs-Trade Partnership Against Terrorism (C-TPAT). C-TPAT builds upon the best practices of LBCIP, while providing greater border and supply chain security with expanded benefits to approved participants. For this reason, CBP intends to terminate the LBCIP and focus its partnership efforts on the further development of C-TPAT.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 19 CFR 123; 19 CFR 142 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 19 CFR 66; 19 CFR 1202; 19 CFR 1431; 19 CFR 1433; 19 CFR 1436; 19 CFR 1448; 19 CFR 1624 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/17/2009 74 FR 66932 NPRM Comment Period End 02/16/2010
Final Action 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Agency Contact: Glenn H. Woodley Jr. Program Officer, Industry Partnerships C-TPAT Department of Homeland Security U.S. Customs and Border Protection Office of Field Operations Suite 2.2-A, 1300 Pennsylvania Avenue NW. Washington , DC 20229 Phone: 202 344-2725 E-Mail: glenn.woodleyjr@dhs.gov

Department of Homeland Security (DHS) U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA70

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Title: Importer Security Filing and Additional Carrier Requirements Abstract: This interim final rule implements the provisions of section 203 of the Security and Accountability for Every Port Act of 2006. It amends CBP Regulations to require carriers and importers to provide to CBP, via a CBP-approved electronic data interchange system, information necessary to enable CBP to identify high-risk shipments to prevent smuggling and insure cargo safety and security. Under the rule, importers and carriers must submit specified information to CBP before the cargo is brought into the United States by vessel. This advance information will improve CBP's risk assessment and targeting capabilities, assist CBP in increasing the security of the global trading system, and facilitate the prompt release of legitimate cargo following its arrival in the United States.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule Major: Yes Unfunded Mandates: Private Sector CFR Citation: 19 CFR 4; 19 CFR 12.3; 19 CFR 18.5; 19 CFR 103.31a; 19 CFR 113; 19 CFR 123.92; 19 CFR 141.113; 19 CFR 146.32; 19 CFR 149; 19 CFR 192.14 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: PL 109-347, sec 203; 5 USC 301; 19 USC 66; 19 USC 1431; 19 USC 1433 to 1434; 19 USC 1624; 19 USC 2071 note; 46 USC 60105 Legal Deadline: None

Regulatory Plan:Statement of Need: Vessel carriers are currently required to transmit certain manifest information by way of the CBP Vessel Automated Manifest System (AMS) 24 hours prior to lading of containerized and non-exempt break bulk cargo at a foreign port. For the most part, this is the ocean carrier's or non-vessel operating common carrier (NVOCC)'s cargo declaration. CBP analyzes this information to generate its risk assessment for targeting purposes. Internal and external government reviews have concluded that more complete advance shipment data would produce even more effective and vigorous cargo risk assessments. In addition, pursuant to section 203 of the Security and Accountability for Every Port Act of 2006 (Pub. L. 109- 347, 6 U.S.C. 943) (SAFE Port Act), the Secretary of Homeland Security, acting through the Commissioner of CBP, must promulgate regulations to require the electronic transmission of additional data elements for improved high-risk targeting, including appropriate security elements of entry data for cargo destined to the United States by vessel prior to loading of such cargo on vessels at foreign seaports. Based upon its analysis, as well as the requirements under the SAFE Port Act, CBP is requiring the electronic transmission of additional data for improved high-risk targeting. Some of these data elements are being required from carriers (Container Status Messages and Vessel Stow Plan) and others are being required from “importers,” as that term is defined for purposes of the regulations. This rule intends to improve CBP’s risk assessment and targeting capabilities and enables the agency to facilitate the prompt release of legitimate cargo following its arrival in the United States. The information will assist CBP in increasing the security of the global trading system and, thereby, reducing the threat to the United States and world economy.

Legal Basis: Pursuant to section 203 of the Security and Accountability for Every Port Act of 2006 (Pub. L. 109-347, 6 U.S.C. 943) (SAFE Port Act), the Secretary of Homeland Security, acting through the Commissioner of CBP, must promulgate regulations to require the electronic transmission of additional data elements for improved high-risk targeting, including appropriate security elements of entry data for cargo destined to the United States by vessel prior to loading of such cargo on vessels at foreign seaports.

Alternatives: CBP considered and evaluated the following four alternatives: Alternative 1 (the chosen alternative): Importer Security Filings and Additional Carrier Requirements are required. Bulk cargo is exempt from the Importer Security Filing requirements; Alternative 2: Importer Security Filings and Additional Carrier Requirements are required. Bulk cargo is not exempt from the Importer Security Filing requirements; Alternative 3: Only Importer Security Filings are required. Bulk cargo is exempt from the Importer Security Filing requirements; and Alternative 4: Only the Additional Carrier Requirements are required.

Costs and Benefits: When the NPRM was published, CBP estimated that approximately 11 million import shipments conveyed by 1,000 different carrier companies operating 37,000 unique voyages or vessel-trips to the United States will be subject to the rule. Annualized costs range from $890 million to $7.0 billion (7 percent discount rate over 10 years). The annualized cost range results from varying assumptions about the importers' estimated security filing transaction costs or fees charged to the importers by the filing parties, the potential for supply chain delays, and the estimated costs to carriers for transmitting additional data to CBP. The regulation may increase the time shipments are in transit, particularly for shipments consolidated in containers. For such shipments, the supply chain is generally more complex and the importer has less control of the flow of goods and associated security filing information. Foreign cargo consolidators may be consolidating multiple shipments from one or more shippers in a container destined for one or more buyers or consignees. In order to ensure that the security filing data is provided by the shippers to the importers (or their designated agents) and is then transmitted to and accepted by CBP in advance of the 24-hour deadline, consolidators may advance their cut-off times for receipt of shipments and associated security filing data. These advanced cut-off times would help prevent a consolidator or carrier from having to unpack or unload a container in the event the security filing for one of the shipments contained in the container is inadequate or not accepted by CBP. For example, consolidators may require shippers to submit, transmit, or obtain CBP approval of their security filing data before their shipments are stuffed in the container, before the container is sealed, or before the container is delivered to the port for lading. In such cases, importers would likely have to increase the times they hold their goods as inventory, and thus incur additional inventory carrying costs to sufficiently meet these advanced cut-off times imposed by their foreign consolidators. The high end of the cost ranges presented assumes an initial supply chain delay of 2 days for the first year of implementation (2008) and a delay of 1 day for years 2 through 10 (2009 to 2017). Ideally, the quantification and monetization of the benefits of this regulation would involve estimating the current level of risk of a successful terrorist attack, absent this regulation, and the incremental reduction in risk resulting from implementation of the regulation. CBP would then multiply the change by an estimate of the value individuals place on such a risk reduction to produce a monetary estimate of direct benefits. However, existing data limitations and a lack of complete understanding of the true risks posed by terroristsprevent us from establishing the incremental risk reduction attributable to this rule. As a result, CBP has undertaken a "breakeven" analysis to inform decisionmakers of the necessary incremental change in the probability of such an event occurring that would result in direct benefits equal to the costs of the proposed rule. CBP's analysis finds that the incremental costs of this regulation are relatively small compared to the median value of a shipment of goods, despite the rather large absolute estimate of present value cost. The benefit of this rule is the improvement of CBP's risk assessment and targeting capabilities, while at the same time, enabling CBP to facilitate the prompt release of legitimate cargo following its arrival in the United States. The information will assist CBP in increasing the security of the global trading system, and thereby reducing the threat to the United States and the world economy.

Risks:
Timetable:
Action Date FR Cite
NPRM 01/02/2008 73 FR 90NPRM Comment Period Extended 02/01/2008 73 FR 6061 NPRM Comment Period End 03/03/2008 NPRM Comment Period End 03/18/2008
Interim Final Rule 11/25/2008 73 FR 71730 Interim Final Rule Effective 01/26/2009 Interim Final Rule Comment Period End 06/01/2009 Correction 07/14/2009 74 FR 33920 Correction 12/24/2009 74 FR 68376
Final Action 03/00/2011

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: 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 E-Mail: richard.dinucci@dhs.gov

Department of Homeland Security (DHS) U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA72

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Title: Changes to the Visa Waiver Program To Implement the Electronic System for Travel Authorization (ESTA) Program Abstract: This rule implements 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 are required to provide certain biographical information to CBP electronically before departing for the United States. This allows CBP to determine before their departure whether these travelers are eligible to travel to the United States under the VWP and whether such travel poses a security risk. The rule is intended to fulfill the requirements of section 711 of the Implementing recommendations of the 9/11 Commission Act of 2007 (9/11 Act). In addition to fulfilling a statutory mandate, the rule serves the twin goals of promoting border security and legitimate travel to the United States. By modernizing the VWP, the ESTA is intended to increase national security and to provide for greater efficiencies in the screening of international travelers by allowing for vetting of subjects of potential interest well before boarding, thereby reducing traveler delays at the ports of entry.

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; 8 CFR 2 Legal Deadline: None

Regulatory Plan:
Statement of Need: Section 711 of the 9/11 Act requires the Secretary of Homeland Security, in consultation with the Secretary of State, to develop and implement a fully automated electronic travel authorization system that will collect biographical and other information in advance of travel to determine the eligibility of the alien to travel to the United States, and to determine whether such travel poses a law enforcement or security risk. ESTA is intended to fulfill these statutory requirements. Under this rule, VWP travelers provide certain information to CBP electronically before departing for the United States. VWP travelers who receive travel authorization under ESTA are not required to complete the paper Form I-94W when arriving on a carrier that is capable of receiving and validating messages pertaining to the traveler's ESTA status as part of the traveler's boarding status. By automating the I-94W process and establishing a system to provide VWP traveler data in advance of travel, CBP is able to determine the eligibility of citizens and eligible nationals from VWP countries to travel to the United States and to determine whether such travel poses a law enforcement or security risk, before such individuals begin travel to the United States. ESTA provides for greater efficiencies in the screening of international travelers by allowing CBP to identify subjects of potential interest before they depart for the United States, thereby increasing security and reducing traveler delays upon arrival at U.S. ports of entry.

Legal Basis: The ESTA program is based on congressional authority provided under section 711 of the ImplementingRecommendations of the 9/11 Commission Act of 2007 and section 217 of the Immigration and Nationality Act (INA).

Alternatives: CBP considered three alternatives to this rule: 1. The ESTA requirements in the rule, but with a $1.50 fee per each travel authorization (more costly) 2. The ESTA requirements in the rule, but with only the name of the passenger and the admissibility questions on the I-94W form (less burdensome) 3. The ESTA requirements in the rule, but only for the countries entering the VWP after 2009 (no new requirements for VWP, reduced burden for newly entering countries) CBP determined that the rule provides the greatest level of enhanced security and efficiency at an acceptable cost to traveling public and potentially affected air carriers.

Costs and Benefits: The purpose of ESTA is to allow DHS and CBP to establish the eligibility of certain foreign travelers to travel to the United States under the VWP, and whether the alien's proposed travel to the United States poses a law enforcement or security risk. Upon review of such information, DHS will determine whether the alien is eligible to travel to the United States under the VWP. Costs to Air & Sea Carriers CBP estimated that eight U.S.-based air carriers and eleven sea carriers will be affected by the rule. An additional 35 foreign-based air carriers and five sea carriers will be affected. CBP concluded that costs to air and sea carriers to support the requirements of the ESTA program could cost $137 million to $1.1 billion over the next 10 years depending on the level of effort required to integrate their systems with ESTA, how many passengers they need to assist in applying for travel authorizations, and the discount rate applied to annual costs. Costs to Travelers ESTA will present new costs and burdens to travelers in VWP countries who were not previously required to submit any information to the U.S. Government in advance of travel to the United States. Travelers from Roadmap countries who become VWP countries will also incur costs and burdens, though these are much less than obtaining a nonimmigrant visa (category B1/B2), which is currently required for short-term pleasure or business to travel to the United States. CBP estimated that the total quantified costs to travelers will range from $1.1 billion to $3.5 billion depending on the number of travelers, the value of time, and the discount rate. Annualized costs are estimated to range from $133 million to $366 million. Benefits As set forth in section 711 of the 9/11 Act, it was the intent of Congress to modernize and strengthen the security of the Visa Waiver Program under section 217 of the Immigration and Nationality Act (INA, 8 U.S.C. 1187) by simultaneously enhancing program security requirements and extending visa-free travel privileges to citizens and eligible nationals of eligible foreign countries that are partners in the war on terrorism. By requiring passenger data in advance of travel, CBP may be able to determine, before the alien departs for the United States, the eligibility of citizens and eligible nationals from VWP countries to travel to the United States under the VWP, and whether such travel poses a law enforcement or security risk. In addition to fulfilling a statutory mandate, the rule serves the twin goals of promoting border security and legitimate travel to the United States. By modernizing the VWP, ESTA is intended to both increase national security and provide for greater efficiencies in the screening of international travelers by allowing for the screening of subjects of potential interest well before boarding, thereby reducing traveler delays based on potentially lengthy processes at U.S. ports of entry. CBP concluded that the total benefits to travelers could total $1.1 billion to $3.3 billion over the period of analysis. Annualized benefits could range from $134 million to $345 million. In addition to these benefits to travelers, CBP and the carriers should also experience the benefit of not having to administer the I-94W except in limited situations. While CBP has not conducted an analysis of the potential savings, it should accrue benefits from not having to produce, ship, and store blank forms. CBP should also be able to accrue savings related to data entry and archiving. Carriers should realize some savings as well, though carriers will still have to administer the I-94 for those passengers not traveling under the VWP and the Customs Declaration forms for all passengers aboard the aircraft and vessel.

Risks:
Timetable:
Action Date FR Cite
Interim Final Action 06/09/2008 73 FR 32440 Interim Final Rule Effective 08/08/2008 Interim Final Rule Comment Period End 08/08/2008 Notice - Announcing Date Rule Becomes Mandatory 11/13/2008 73 FR 67354
Final Action 03/00/2011

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 Protection1300 Pennsylvania Avenue NW. Washington , DC 20229 Phone: 202 344-2073 E-Mail: cbp.esta@dhs.gov

Department of Homeland Security (DHS) U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA73

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Title: Establishment of Global Entry Program Abstract: CBP already operates several regulatory and non-regulatory international registered traveler programs, also known as trusted traveler programs. In order to comply with the Intelligence Reform Terrorism Prevention Act of 2004 (IRPTA), CBP is proposing to amend its regulations to establish another international registered traveler program called Global Entry. The Global Entry program would expedite the movement of low-risk, frequent international air travelers by providing an expedited inspection process for pre-approved, pre-screened travelers. These travelers would proceed directly to automated Global Entry kiosks upon their arrival in the United States. This Global Entry Program, along with the other programs that have already been established, are consistent with CBP's strategic goal of facilitating legitimate trade and travel while securing the homeland. A pilot of Global Entry has been operating since June 6, 2008.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 8 CFR 235; 8 CFR 103 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1365b(k)(1); 8 USC 1365b(k)(3); 8 USC 1225; 8 USC 1185(b) Legal Deadline: None

Regulatory Plan:
Statement of Need: CBP has been operating the Global Entry program as a pilot at several airports since June 6, 2008, and the pilot has been very successful. As a result, there is a desire on the part of the public that the program be established as a permanent program, and expanded, if possible. By establishing this program, CBP will make great strides toward facilitating the movement of people in a more efficient manner, thereby accomplishing our strategic goal of balancing legitimate travel with security. Through the use of biometric and recordkeeping technologies, the risk of terrorists entering the United States would be reduced. Improving security and facilitating travel at the border, both of which are accomplished by Global Entry, are primary concerns within CBP jurisdiction.

Legal Basis: The Global Entry program is based on section 7208(k) of the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA), as amended by section 565 of the Consolidated Appropriations Act, which requires the Secretary of Homeland Security to create a program to expedite the screening and processing of pre-approved low risk air travelers into the United States.

Alternatives:

Costs and Benefits: Global Entry is a voluntary program that provides a benefit to the public by speeding the CBP processing time for participating travelers. Travelers who are otherwise admissible to the United States will be able to enter or exit the country regardless of whether they participate in Global Entry. CBP estimates that over a 5-year period, 250,000 enrollees will be processed (an annual average of 50,000 individuals). CBP will charge a fee of $100 per applicant and estimates that each application will require 40 minutes (0.67 hours) of the enrollee's time to search existing data resources, gather the data needed, and complete and review the application form. Additionally, an enrollee will experience an "opportunity cost of time" to travel to an Enrollment Center upon acceptance of the initial application. We assume that 1 hour will be required for this time spent at the Enrollment Center and travel to and from the Center, though we note that during the pilot program, many applicants coordinated their trip to an Enrollment Center with their travel at the airport. We have used one hour of travel time so as not to underestimate potential opportunity costs for enrolling in the program. We use a value of $28.60 for the opportunity cost for this time, which is taken from the Federal Aviation Administration’s "Economic Values for FAA Investment and Regulatory Decisions, A Guide." (July 3, 2007). This value is the weighted average for U.S. business and leisure travelers. For this evaluation, we assume that all enrollees will be U.S. citizens, U.S. nationals, or Lawful Permanent Residents.

Risks:
Timetable:
Action Date FR Cite
NPRM 11/19/2009 74 FR 59932 NPRM Comment Period End 01/19/2010Final Rule 02/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.globalentry.gov Agency Contact: John P. Wagner Director, Trusted Traveler Programs Department of Homeland Security U.S. Customs and Border Protection Office of Field Operations 1300 Pennsylvania Avenue NW. Washington , DC 20229 Phone: 202 344-2118

Department of Homeland Security (DHS) U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA77

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Title: Implementation of the Guam-CNMI Visa Waiver Program Abstract: This rule amends Department of Homeland Security (DHS) regulations to implement section 702 of the Consolidated Natural Resources Act of 2008 (CNRA). This law extends the immigration laws of the United States to the Commonwealth of the Northern Mariana Islands (CNMI) and provides for a joint visa waiver program for travel to Guam and the CNMI. This rule implements section 702 of the CNRA by amending the regulations to replace the current Guam Visa Waiver Program with a new Guam-CNMI Visa Waiver Program. The amended regulations set forth the requirements for nonimmigrant visitors who seek admission for business or pleasure and solely for entry into and stay on Guam or the CNMI without a visa. This rule also establishes six ports of entry in the CNMI for purposes of administering and enforcing the Guam-CNMI Visa Waiver Program.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: Yes Unfunded Mandates: No CFR Citation: 8 CFR 100.4; 8 CFR 212.1; 8 CFR 233.5; 8 CFR 235.5; 19 CFR 4.7b; 19 CFR 122.49a (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: PL 110-229, sec 702 Legal Deadline:
Action Source Description Date

Other Statutory PL 110-229 11/04/2008

Regulatory Plan:
Statement of Need: Currently, aliens who are citizens of eligible countries may apply for admission to Guam at a Guam port of entry as nonimmigrant visitors for a period of fifteen (15) days or less, for business or pleasure, without first obtaining a nonimmigrant visa, provided that they are otherwise eligible for admission. Section 702(b) of the Consolidated Natural Resources Act of 2008 (CNRA), supersedes the Guam visa waiver program by providing for a visa waiver program for Guam and the Commonwealth of the Northern Mariana Islands (Guam-CNMI Visa Waiver Program). Section 702(b) requires DHS to promulgate regulations within 180 days of enactment of the CNRA to allow nonimmigrant visitors from eligible countries to apply for admission into Guam and the CNMI, for business or pleasure, without a visa, for a period of authorized stay of no longer than forty-five (45) days.

Legal Basis: The Guam-CNMI Visa Waiver Program is based on congressional authority provided under 702(b) of the Consolidated Natural Resources Act of 2008 (CNRA).

Alternatives: None

Costs and Benefits: The most significant change for admission to the CNMI as a result of the rule will be for visitors from those countries who are not included in either the existing U.S. Visa Waiver Program or the Guam-CNMI Visa Waiver Program established by the rule. These visitors must apply for U.S. visas, which require in-person interviews at U.S. embassies or consulates and higher fees than the CNMI currently assesses for its visitor entry permits. CBP anticipates that the annual cost to the CNMI will be $6 million. These are losses associated with the reduced visits from foreign travelers who may no longer visit the CNMI upon implementation of this rule. The anticipated benefits of the rule are enhanced security that will result from the federalization of the immigration functions in the CNMI.Risks:
Timetable:
Action Date FR Cite Interim Final Rule Effective 01/16/2009
Interim Final Rule 01/16/2009 74 FR 2824 Interim Final Rule Comment Period End 03/17/2009 Technical Amendment; Change of Implementation Date 05/28/2009 74 FR 25387
Final Action 03/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. Related RINs: Related to 1651-AA81 Agency Contact: Cheryl C. Peters Department of Homeland Security U.S. Customs and Border Protection 1300 Pennsylvania Avenue NW. Washington , DC 20229 Phone: 202 344-1707 E-Mail: cheryl.c.peters@dhs.gov

Department of Homeland Security (DHS) U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA81

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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 holders of British National (Overseas) (BN(O)) passports are eligible for participation in the Guam-Commonwealth of the Northern Mariana Islands (CNMI) Visa Waiver Program. The current regulations do not clearly state whether holders of BN(O) passports are eligible for participation in the Guam-CNMI Visa Waiver Program. Thus, DHS believes it is appropriate to amend its regulations to explicitly include BN(O) passport holders as eligible for participation in the Guam-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 forty-five 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 12/00/2010

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: Cheryl C. Peters Department of Homeland Security U.S. Customs and Border Protection 1300 Pennsylvania Avenue NW. Washington , DC 20229 Phone: 202 344-1707 E-Mail: cheryl.c.peters@dhs.govDepartment of Homeland Security (DHS) U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA83

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Title: Electronic System for Travel Authorization (ESTA): Fee for Use of the System Abstract: Under the Department of Homeland Security (DHS) regulations, non-immigrant aliens who wish to enter the United States under the Visa Waiver Program at air or sea ports of entry must obtain a travel authorization electronically through the Electronic System for Travel Authorization (ESTA) from Customs and Border Protection prior to departing for the United States. This rule amends the DHS regulations to require ESTA applicants to pay a fee. The fee, as authorized by section 711 of the Implementing the Recommendations of the 9/11 Commission Act of 2007 (9/11 Act), is to ensure recovery of the full costs of providing and administering the ESTA system. This document also announces the amount of the fee.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule Major: Yes Unfunded Mandates: No CFR Citation: 8 CFR 217.5(a) (Revision); 8 CFR 217.5(h) (New) (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: PL 110-53, sec 711, 9/11 Act; 8 USC 1187; PL 111-145 Legal Deadline:
Action Source Description Date

Other Statutory According to Public Law 111-145 (March 4, 2010) DHS must establish a fee and begin assessment and collection of the fee no later than 6 months after the date of enactment. 09/04/2010

Timetable:
Action Date FR Cite
Interim Final Rule 08/09/2010 75 FR 47701 Interim Final Rule Effective 09/08/2010 Interim Final Rule Comment Period End 10/08/2010
Final Rule 03/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Energy Affected: No International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. Related RINs: Related to 1651-AA72 Agency Contact: Suzanne Shepherd Director, Electronic System for Travel Authorization Department of Homeland Security U.S. Customs and Border Protection 1300 Pennsylvania Avenue NW. Washington , DC 20229 Phone: 202 344-2073 E-Mail: cbp.esta@dhs.gov

Department of Homeland Security (DHS) U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA85

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Title: Academic Honorarium for B Nonimmigrant Aliens Abstract: DHS is proposing to amend its regulations relating to the acceptance of academic honoraria by nonimmigrant aliens admitted to the United States as a B visa visitor status. This is necessary to implement changes to section 212 of the Immigration and Nationality Act made by the American Competitiveness and Workforce Improvement Act of 1998. The amendment outlines the proposed procedures necessary for a nonimmigrant alien visiting the United States in valid B visa status to accept honoraria in connection with usual academic activities.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: NoCFR Citation: 8 CFR 214 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: PL 105-277; 8 USC 1182; 8 USC 1184 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 05/30/2002 67 FR 37727 NPRM Comment Period End 07/29/2002
Final Action 01/00/2011

Additional Information: CIS No. 2100-00 Transferred from RIN 1115-AF97 Transferred from RIN 1615-AA44

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Agency Contact: Rafael Henry Department of Homeland Security U.S. Customs and Border Protection 1300 Pennsylvania Avenue NW. Washington , DC 20229 Phone: 202 344-3251 E-Mail: rafael.e.henry@dhs.gov

Department of Homeland Security (DHS) U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA00

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Title: Visa Waiver Program Abstract: On October 30, 2000, Public Law 106-396 made the Visa Waiver Pilot Program (VWPP) a permanent program. The Visa Waiver Program (VWP), allows nationals of designated countries to apply for admission to the United States at land border ports, air and sea ports, and to enter the United States for business or pleasure for up to 90 days without first obtaining a nonimmigrant visa. INS Rule No. 1799 finalizes all those VWP countries that were added through the publication of interim regulations. This rule will also incorporate those statutory changes made to section 217 of the Immigration and Nationality Act by the Illegal Immigration Reform and Responsibility Immigration Act.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 217 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 CFR 2; 8 USC 1187; 8 USC 1103; 8 USC 1356 Legal Deadline: None

Timetable:
Action Date FR Cite
Next Action Undetermined NPRM--INS No. 1406-91 Comment Period End 5/22/91 05/07/1991 56 FR 21101 Final Rule--INS No. 1406-91 Eff. 7/18/91 07/18/1991 56 FR 32952 Interim Final Rule--INS No. 1447 Eff. 10/1/91; Comment Period End 10/15/91 09/13/1991 56 FR 46716

Interim Final Rule--1622-93; Eff. 7/29/93; Comment Period End 8/30/93; (To Be Merged With 1447R-93) 07/29/1993 58 FR 40581

Public Notice--INS No. 1674 Eff. 10/25/94; Comment Period End 09/30/96 02/21/1995 60 FR 9699

Interim Final Rule--INS No. 1685 Eff. 4/1/95; Comment Period End 5/30/95 03/28/1995 60 FR 15855

Interim Final Rule--INS No. 1777 07/08/1996 61 FR 35598 Interim Final Rule--INS No. 1782-96 With Comments (Australia) 07/29/1996 61 FR 39721 Interim Final Rule--INS 1786-96 With Comments (Slovenia) 09/30/1997 62 FR 50998 Final Rule--INS No. 1799 12/30/1998 63 FR 71726 Interim Final Rule--INS 2002-99 With Comments (Portugal, Singapore, and Uruguay) 08/03/1999 64 FR 42006
Interim Final Rule--INS 2188-02 (Removing Argentina) 02/21/2002 67 FR 7943
Interim Final Rule 03/07/2003 68 FR 10954Additional Information: Transferred from RIN 1115-AB93

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: No Federalism: No Related RINs: Merge with 1115-AG25 Agency Contact: Timothy Goyer Executive Director, Admissibility and Passenger Programs Department of Homeland Security U.S. Customs and Border Protection Office of Field Operations 1300 Pennsylvania Avenue NW. Washington , DC 20229 Phone: 202 344-2069

Department of Homeland Security (DHS) U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA04

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Title: Inspection and Expedited Removal of Aliens; Detention and Removal of Aliens; Conduct of Removal Proceedings Abstract: Many of the provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) became effective April 1, 1997. Some provisions of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) that were not superseded by IIRIRA became effective November 1, 1996. On March 6, 1997, INS and the Executive Office of Immigration Review (EOIR) published an interim final rule revising the asylum process; providing a mechanism for the determination and review of certain applicants who demonstrate a credible fear of persecution if returned to their own country; defining the inspection and admission process including new expedited removal procedures for aliens attempting to enter the United States through fraud or misrepresentation by apprehension, detention, and removal of aliens; addressing conduct of removal proceedings; and revising many other sections of the regulations to conform with the new laws. On December 6, 2000, INS and EOIR published the rule "Asylum Procedures" (INS No. 1865-97; RIN 1115-AE93), which finalized the asylum portions of this interim rule. DHS intends to publish a final rule to finalize the portions of this rulemaking relating to inspection and expedited removal of aliens, detention and deportation and removal of aliens, and the conduct of removal proceedings.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 1; 8 CFR 3; 8 CFR 103; 8 CFR 204; 8 CFR 207; 8 CFR 209; 8 CFR 211 to 214; 8 CFR 216 to 217; 8 CFR 221 to 223 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 301; 5 USC 552 to 552a; 8 USC 1101 to 1103; 8 USC 1154; 8 USC 1181 to 1186a; 8 USC 1187 Legal Deadline: This rule was automatically transferred from the former INS to CBP after the creation of DHS. The general authority to promulgate immigration regulations, with certain exceptions, now lies in the Secretary of Homeland Security as per the transfer of authority from the Attorney General in the Homeland Security Act.
Action Source Description Date

Other Statutory The statute requires the Attorney General to promulgate implementing regulations by March 1, 1997. 03/01/1997

Timetable:
Action Date FR Cite
Next Action Undetermined Final Action--INS No. 1669-94 03/22/1996 61 FR 11717 NPRM--INS No. 1788-96 Comment Period End 2/3/97 01/03/1997 62 FR 444 Interim Final Rule--INS No. 1788-96 Comment Period End 7/15/97 03/06/1997 62 FR 10312 Interim Final Rule--INS No. 1788-96 Correction 04/09/1997 62 FR 17048 Interim Final Rule Correction (Effective 04/01/97) 04/01/1997 62 FR 15362 Final Rule--INS No. 1920-98 07/22/1998 63 FR 39217

Additional Information: Transferred from RIN 1115-AE47

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Agency Contact: Timothy Goyer Executive Director, Admissibility and Passenger Programs Department of Homeland SecurityU.S. Customs and Border Protection Office of Field Operations 1300 Pennsylvania Avenue NW. Washington , DC 20229 Phone: 202 344-2069

Department of Homeland Security (DHS) U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA06

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Title: Establishment of Preinspected Automated Lane (PAL) Program Abstract: This rule amends the DHS regulations by establishing a Preinspected Automated Lane (PAL) Program for the use of eligible persons and vehicles at immigration checkpoints within the United States. This rule will facilitate the passage of people and vehicles through DHS checkpoints while safeguarding the integrity of law enforcement objectives at the checkpoints.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 287; 8 CFR 299 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1103; 8 USC 1182; 8 USC 1225 and 1226; 8 USC 1251 and 1252; 8 USC 1357; 8 CFR 2 Legal Deadline: None

Timetable:
Action Date FR Cite
Next Action Undetermined
Interim Final Rule 04/18/1997 62 FR 19024 Interim Final Rule Comment Period End 06/17/1997

Additional Information: Transferred from RIN 1115-AE80

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Agency Contact: John P. Wagner Director, Trusted Traveler Programs Department of Homeland Security U.S. Customs and Border Protection Office of Field Operations 1300 Pennsylvania Avenue NW. Washington , DC 20229 Phone: 202 344-2118

Department of Homeland Security (DHS) U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA07

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Title: Amendment of the Regulatory Definition of Arriving Alien Abstract: This rule amends the DHS regulations by changing the regulatory definition of an arriving alien. Under section 235(b)(1)(A)(i) of the Immigration and Nationality Act, which was effective on April 1, 1997, certain arriving aliens are subject to expedited removal procedures. The existing regulatory definition of arriving aliens includes parolees. As a matter of policy, the Department has decided that it is appropriate to exempt from the new expedited removal procedures aliens who were paroled into the United States before April 1997. This rule clarifies that these aliens, as well as certain other aliens who were paroled into the United States pursuant to advance parole, will not be subjected to expedited removal upon termination at parole. The rule also makes several changes in the ordering of 1.1(q) to use language that is clearer and more consistent with the wording of the statute.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 1 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1101; 8 CFR 2 Legal Deadline: NoneTimetable:
Action Date FR Cite
Next Action Undetermined
Interim Final Rule 04/20/1998 63 FR 19382 Interim Final Rule Comment Period End 06/19/1998

Additional Information: Transferred from RIN 1115-AE87

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Agency Contact: Timothy Goyer Executive Director, Admissibility and Passenger Programs Department of Homeland Security U.S. Customs and Border Protection Office of Field Operations 1300 Pennsylvania Avenue NW. Washington , DC 20229 Phone: 202 344-2069

Department of Homeland Security (DHS) U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA08

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Title: Elimination of Immigration and Naturalization Service-Issued Mexican and Canadian Border Crossing Cards Abstract: This rule amends the DHS regulations to eliminate the use of Form I-175, Application for Nonresident Alien Canadian Border Crossing Card, and Form I-190, Application for Nonresident Alien Mexican Border Crossing Card. It also terminates the production of Form I-185, Nonresident Alien Canadian Border Crossing Card, and Form I-586, Nonresident Alien Mexican Border Crossing Card. In addition, this rule prohibits the use of Form I-186 (previous version of Mexican Border Crossing Card), Form I-185, and Form I-586 Border Crossing Cards (BCCs) after September 30, 2002, for required use of a card containing a machine-readable biometric identifier for entry (such as the fingerprint or handprint of the alien). Under the provisions of this rulemaking, an alien seeking entry into the United States by presentation of a BCC must complete a biometric verification upon each entry.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 103; 8 CFR 212; 8 CFR 214; 8 CFR 235; 8 CFR 247; 8 CFR 264; 8 CFR 286; 8 CFR 299 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 552 to 552a; 8 USC 1101; 8 USC 1103; 8 USC 1182; 8 USC 1201; 8 USC 1225 to 1228; 8 USC 1252; 8 USC 1304; 8 USC 1356 Legal Deadline:
Action Source Description Date

Other Statutory 10/01/2002

Timetable:
Action Date FR Cite
Next Action Undetermined Interim Final Rule Effective 10/01/2002
Interim Final Rule 12/02/2002 67 FR 71442 Interim Final Rule Comment Period End 01/31/2003

Additional Information: INS No. 1931-98 Transferred from RIN 1115-AF24

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Agency Contact: Timothy Goyer Executive Director, Admissibility and Passenger Programs Department of Homeland Security U.S. Customs and Border Protection Office of Field Operations 1300 Pennsylvania Avenue NW.Washington , DC 20229 Phone: 202 344-2069

Department of Homeland Security (DHS) U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA11

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Title: Extension of 25-Mile Limit at Select Arizona Ports-of-Entry Abstract: This rule amends the DHS regulations to extend the distance Mexican nationals with border crossing cards may travel into the United States without obtaining additional immigration documentation at selected ports-of-entry (POEs) along the United States and Mexico border. The selected POEs are located in the State of Arizona at Sasabe, Nogales, Mariposa, Douglas, and Naco. Once visitors to Arizona meet the inspection requirements of legal entry to the United States, they will be able to travel within the 75-mile border region of Arizona. This rule is intended to promote commerce in the southern Arizona border area while still ensuring that sufficient safeguards are in place to prevent illegal entry to the United States.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 235 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1182 and 1183; 8 USC 1201; ... Legal Deadline: None

Timetable:
Action Date FR Cite
Next Action Undetermined
Interim Final Rule 12/08/1999 64 FR 68616 Interim Final Rule Comment Period End 02/07/2000

Additional Information: INS No. 2026-99 Transferred from RIN 1115-AF60

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Agency Contact: Timothy Goyer Executive Director, Admissibility and Passenger Programs Department of Homeland Security U.S. Customs and Border Protection Office of Field Operations 1300 Pennsylvania Avenue NW. Washington , DC 20229 Phone: 202 344-2069

Department of Homeland Security (DHS) U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA23

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Title: Removal of Visa and Passport Waiver for Certain Permanent Residents of Canada and Bermuda Abstract: Currently, certain permanent residents of Canada and Bermuda are permitted to enter the United States without a visa. Many of these former British Commonwealth countries have high rates of fraud and abuse, and the documents presented by these permanent residents, for entry to the United States, do not meet current document security standards. This rule amends the DHS regulations by providing that a passport and visa will be required for permanent residents of Canada and Bermuda having a common nationality with Canadian nationals or with British subjects in Bermuda. These permanent residents of Canada and Bermuda will be required to present a passport and visa to enter the United States. This rule also amends several other sections of the regulations that provide exceptions for these individuals based on the prior passport and visa exemption. DHS is taking this action in conjunction with the Department of State. This rule is intended to increase security and safeguard the United States.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 2; 8 CFR 212; 8 CFR 231; 8 CFR 235; 8 CFR 286 (To search for a specific CFR, visit the Code ofFederal Regulations ) Legal Authority: 8 USC 1101 to 1103; 8 USC 1182; 8 USC 1184; 8 USC 1187; 8 USC 1225 to 1227; ... Legal Deadline: None

Timetable:
Action Date FR Cite
Next Action Undetermined
Interim Final Rule 01/31/2003 68 FR 5189 Interim Final Rule Effective 03/17/2003 Interim Final Rule Comment Period End 04/01/2003

Additional Information: Transferred from RIN 1115-AG68

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Agency Contact: Timothy Goyer Executive Director, Admissibility and Passenger Programs Department of Homeland Security U.S. Customs and Border Protection Office of Field Operations 1300 Pennsylvania Avenue NW. Washington , DC 20229 Phone: 202 344-2069

Department of Homeland Security (DHS) U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA29

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Title: Nonimmigrant Visa Exemption for Nationals of the British Virgin Islands Entering the United States Through St. Thomas, U.S. Virgin Islands Abstract: This rule amends the Department of Homeland Security's regulations to allow nonimmigrant visitors for business orpleasure who are nationals of the British Virgin Islands to apply for admission to the United States without a visa at the ports-ofentry of St. Thomas, U.S. Virgin Islands. Since visas are no longer issued from the British Virgin Islands by the Department ofState, all persons needing a nonimmigrant visa have to either travel or mail their applications to Barbados, the nearest visaissuing location. The Department's action will facilitate travel to the United States for nationals of the British Virgin Islands while still ensuring that the proper application provisions of the INA are met.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 212 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1101 and 1102; 8 USC 1182; 8 USC 1184; 8 USC 1187; 8 USC 1225 to 1228; 8 USC 1252 Legal Deadline: None

Timetable:
Action Date FR Cite
Next Action Undetermined
Interim Final Rule 02/18/1999 64 FR 7989 Interim Final Rule Comment Period End 04/18/1999 64 FR 7989

Additional Information: Transferred from RIN 1115-AF28

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State Small Entities Affected: No Federalism: No Agency Contact: Timothy Goyer Executive Director, Admissibility and Passenger Programs Department of Homeland Security U.S. Customs and Border Protection Office of Field Operations 1300 Pennsylvania Avenue NW. Washington , DC 20229 Phone: 202 344-2069Department of Homeland Security (DHS) U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA35

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Title: Procedures Governing the Border Release Advanced Screening and Selectivity (BRASS) Program Abstract: Amendment to part 142 of the Customs and Border Protection Regulations to provide for the Border Release Advanced Screening and Selectivity (BRASS) Program, an improved automated and electronic system that will replace the Line Release method of processing certain repetitive and high volume shipments of merchandise into the United States.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 19 CFR 24; 19 CFR 123; 19 CFR 132; 19 CFR 142 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 19 USC 66; 19 USC 1448; 19 USC 1484; 19 USC 1624 Legal Deadline: None

Timetable:
Action Date FR Cite
Next Action Undetermined
NPRM 02/01/2002 67 FR 4930 NPRM Comment Period End 04/02/2002

Additional Information: Transferred from RIN 1515-AC92

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Agency Contact: Enrique S. Tamayo Operations Officer, Trade Programs Department of Homeland Security U.S. Customs and Border Protection Office of Field Operations 1300 Pennsylvania Avenue NW. Washington , DC 20229 Phone: 202 344-3112

Department of Homeland Security (DHS) U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA38

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Title: Access to Customs Security Areas at Airports Abstract: Amendments to part 122 of the Customs and Border Protection regulations regarding the standards for employee access to customs security areas at airports that accommodate international air commerce. Amendments involve the addition of a biennial access approval reapplication requirement, an expansion of the grounds for denial of an application for access, the addition of a requirement that each employee granted access must report certain changes in the employee's circumstances, the inclusion of several new employer responsibilities, an expansion of the grounds for revocation or suspension of access and for proposed revocation or suspension of access, and a limitation of the opportunity to have a hearing in a revocation or suspension action to only cases in which there is a genuine issue regarding a material fact. These changes are needed to enhance the security areas at all airports.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 19 CFR 122 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 301; 19 USC 58b; 19 USC 66; 19 USC 1433; 19 USC 1436; 19 USC 1448 to 1459; 19 USC 1590; 19 USC 1594; 19 USC 1623 and 1624; 19 USC 1644 to 1644a Legal Deadline: None

Timetable:Action Date FR Cite
Next Action Undetermined Interim Final Rule Effective 07/29/2002
Interim Final Rule 07/29/2002 67 FR 48977 Interim Final Rule Comment Period End 09/27/2002

Additional Information: Transferred from RIN 1515-AD04

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Agency Contact: John P. Wagner Director, Trusted Traveler Programs Department of Homeland Security U.S. Customs and Border Protection Office of Field Operations 1300 Pennsylvania Avenue NW. Washington , DC 20229 Phone: 202 344-2118

Department of Homeland Security (DHS) U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA40

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Title: Passenger Name Record Information Required for Passengers on Flights in Foreign Air Transportation To or From the United States Abstract: Amendment to part 122 of the Customs and Border Protection regulations implements a provision of the Aviation and Transportation Security Act, which requires that air carriers make Passenger Name Record (PNR) information available to CBP upon request. The availability of PNR information is necessary for purposes of ensuring aviation safety and protecting national security.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 19 CFR 122 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 301; 19 USC 58b; 19 USC 66; 19 USC 1431; 19 USC 1433; 19 USC 1436; 19 USC 1448; 19 USC 1459; 19 USC 1590; 19 USC 1594; 19 USC 1623 and 1624; 19 USC 1644 to 1644a; 49 USC 44909(c) Legal Deadline: None

Timetable:
Action Date FR Cite
Next Action Undetermined Interim Final Rule Effective 06/25/2002
Interim Final Rule 06/25/2002 67 FR 42710 Interim Final Rule Comment Period End 08/26/2002

Additional Information: Transferred from RIN 1515-AD06

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Agency Contact: Steven P. O'Neil Department of Homeland Security U.S. Customs and Border Protection 1300 Pennsylvania Avenue NW. Washington , DC 20229 Phone: 281 687-5816

Department of Homeland Security (DHS) U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA50

View Related DocumentsTitle: Air Transit Program Abstract: The Immediate and Continuous Transit program, also known as the Transit Without Visa (TWOV) program and the International-to-International (ITI) program allowed an alien to be transported in-transit through the United States to another foreign country without first obtaining a nonimmigrant visa from the Department of State overseas, provided the carrier had entered into an Immediate and Continuous Transit Agreement on Form I-426, pursuant to section 233(c) of the Immigration and Nationality Act. Both the TWOV and ITI programs were suspended due to security concerns in an interim rule published in August 2003. The Department of Homeland Security in this rule would be terminating these programs and establishing a new program allowing in-transit travelers that will incorporate necessary security measures.

Priority: Economically Significant Agenda Stage of Rulemaking: Long-term Action Major: Yes Unfunded Mandates: No CFR Citation: 8 CFR 212; 8 CFR 214; 8 CFR 231; 8 CFR 233 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1101 to 1103; 8 USC 1182; 8 USC 1184; 8 USC 1187; 8 USC 1223; 8 USC 1225 to 1227; ... Legal Deadline: None

Timetable:
Action Date FR Cite
Next Action Undetermined Interim Final Rule Effective 08/02/2003
Interim Final Rule 08/07/2003 68 FR 46926 Interim Final Rule Comment Period End 09/22/2003

Additional Information: Transferred from RIN 1515-AD36

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Agency Contact: Kenneth Sava Director, Air and Sea Passenger Operations Department of Homeland Security U.S. Customs and Border Protection Office of Field Operations 1300 Pennsylvania Avenue NW. Washington , DC 20229 Phone: 202 344-2589

Department of Homeland Security (DHS) U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA60

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Title: Extension of Time Limit on Admission of Certain Mexican Nationals Abstract: The rule extends the period of time certain Mexican nationals may remain in the United States without obtaining additional immigration documentation. The rule extends the time limit to which border crossing card holders may remain in the United States for up to 30 days without being issued a Form I-94. The rule is intended to promote commerce along the border while ensuring that sufficient safeguards are in place to prevent illegal entry into the United States.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 235 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1183; 8 USC 1185; ... Legal Deadline: None

Timetable:
Action Date FR Cite
Next Action Undetermined 00/00/0000
Interim Final Rule 08/13/2004 69 FR 50051 Interim Final Rule Comment Period End 10/12/2004

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: NoAgency Contact: Diane Hinckley Program Officer Department of Homeland Security U.S. Customs and Border Protection Office of Field Operations 1300 Pennsylvania Avenue NW. Washington , DC 20229 Phone: 202 344-1401

Department of Homeland Security (DHS) U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA67

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Title: Abbreviation or Waiver of Training for State or Local Law Enforcement Officers Authorized To Enforce Immigration Law During a Mass Influx of Aliens Abstract: This rule would amend DHS regulations to authorize the Secretary to waive normally required training requirements in the event that the number of State or local law enforcement officers available to respond in an expeditious manner to urgent and quickly developing events during a declared mass influx of aliens is insufficient to protect public safety, public health, and national security.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 28 CFR 65 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: PL 98-473; 8 USC 1101; PL 102-410 Legal Deadline: None

Timetable:
Action Date FR Cite
Next Action Undetermined Interim Final Rule Effective 02/26/2003
Interim Final Rule 02/26/2003 68 FR 8820 Interim Final Rule Comment Period End 04/28/2003

Additional Information: Transferred from RIN 1115-AG84

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State Small Entities Affected: No Federalism: No Agency Contact: Tom Bush Department of Homeland Security U.S. Customs and Border Protection Office of Intelligence and Operations Coordination 1300 Pennsylvania Avenue NW. Washington , DC 20229 Phone: 202 344-2877

Department of Homeland Security (DHS) U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA76

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Title: Coastwise Transportation of Passengers Abstract: CBP is considering amending current regulations relating to the transportation of passengers by non-coastwisequalified vessels on voyages that begin and end at a U.S. port and stop at intervening U.S. and foreign port(s). Such amendment would provide that voyages that begin and end at a U.S. port and stop at a foreign port(s) and at intervening U.S. port(s) where a large U.S.-flag coastwise-qualified passenger vessel engages in regular service, would be in violation of the Passenger Vessel Services Act (PVSA) unless the cumulative length of stay(s) at intervening foreign port(s) is more than 50 percent of the total amount of time spent at the intervening U.S. port(s) and passengers are permitted to go ashore at the foreign port(s). This would ensure that the PVSA's purpose, which is to preserve the economic benefits of U.S. coastwise trade to U.S.-flag coastwise-qualified vessels, is carried out.

Priority: Economically Significant Agenda Stage of Rulemaking: Long-term ActionMajor: Yes Unfunded Mandates: Private Sector CFR Citation: 19 CFR 4.80a(b)(4) (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 301; 19 USC 66; 19 USC 1431; 19 USC 1433 and 1434; 19 USC 1624; 19 USC 2071 note; 46 USC 501; 46 USC 60105 Legal Deadline: None

Timetable:
Action Date FR Cite
Next Action Undetermined

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Energy Affected: No Related Agencies: Common : MARAD 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

Department of Homeland Security (DHS) U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA58

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Title: Changes to the Administrative Process for Petitions for Relief Regarding Seizures and Forfeitures Resulting From Violations of Immigration and Naturalization Laws Abstract: Amendment of the former Immigration and Naturalization Service Regulations to bring them into confluence with the Customs and Border Protection (CBP) preforfeiture petition process as provided in the CBP Regulations. The Homeland Security Act of 2002 gives CBP the authority to coordinate and unify the administrative petition process CBP uses for seizures and forfeitures based on violations of immigration laws with that process used by CBP for violations of customs laws. Amendment is also made to the CBP Regulations to state that seizures effected by Immigration and Customs Enforcement under the customs and navigation laws will continue to be processed under the CBP Regulations.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 274; 19 CFR 162 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 6 USC 101; 8 USC 1103; 8 USC 1324(b); 19 USC 66; ... Legal Deadline: None

Timetable:
Action Date FR Cite Interim Final Rule Effective 02/19/2008 73 FR 9010 Interim Final Rule Comment Period End 04/21/2008
Final Rule 06/30/2010 75 FR 37707

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: Brian Barulich Acting Branch Chief, Penalties Branch Department of Homeland Security U.S. Customs and Border Protection Office of Regulations and Rulings 1300 Pennsylvania Avenue NW. Washington , DC 20229 Phone: 202 325-0059Department of Homeland Security (DHS) U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA74

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Title: Customs Broker License Examination Individual Eligibility Requirements Abstract: Amendment to part 111 of title 19 of the Code of Federal Regulations with respect to the requirements an individual must satisfy in order to take the written examination for an individual customs broker's license, which is administered by Customs and Border Protection.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 19 CFR 111.13 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 19 USC 1641; 19 USC 66; 19 USC 1202 [General Note 3(i), Harmonized Tariff Schedule of the United States (HTSUS)]; 19 USC 1624 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 05/27/2008 73 FR 30328 NPRM Comment Period End 07/28/2008
Final Rule 08/26/2010 75 FR 52456 Final Rule Effective 09/27/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Energy Affected: No Agency Contact: Anita S. Harris Chief, Broker Compliance Branch, Trade Policy and Programs Department of Homeland Security U.S. Customs and Border Protection Office of International Trade 1400 L Street NW. Washington , DC 20229-1143 Phone: 202 863-6069

Department of Homeland Security (DHS) U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA79

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Title: Further Consolidation of CBP Drawback Centers Abstract: This document amends the Customs and Border Protection (CBP) Regulations to reflect a planned closing of the CBP drawback center at the Port of Los Angeles-Long Beach (Los Angeles), California. CBP believes that the further consolidation in the number of drawback processing centers from five to four is necessary because of decreases in claim filings and drawback claim values at the Los Angeles drawback center. This closure of this drawback center is intended to conserve resources, increase efficiency, exercise fiscal responsibility, and promote greater uniformity in the processing of drawback claims.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 19 CFR 101.3 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 301; 19 USC 2; 19 USC 66; 19 USC 1202 ((General Note 3(i), Harmonized Tariff Schedule of the United States (HTSUS); 19 USC 1623; 19 USC 1624; 19 USC 1646a; 19 USC 1; 19 USC 58b; 19 USC 2075(g)(2)(G)(C) Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/01/2009 74 FR 62715NPRM Comment Period End 12/31/2009
Final Action 05/05/2010 75 FR 24392 Final Action Effective 06/04/2010

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. Agency Contact: Christine Kegley Program Manager, Import Operations Branch Department of Homeland Security U.S. Customs and Border Protection Office of Field Operations Suite 5.5-C 1300 Pennsylvania Avenue NW. Washington , DC 20229 Phone: 202 344-2319

Department of Homeland Security (DHS) U.S. Customs and Border Protection ( USCBP ) RIN: 1651-AA84

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Title: Transportation of Certain Merchandise and Equipment Between Coastwise Points Abstract: The Jones Act provides that only coastwise-qualified vessels may transport merchandise between coastwise points. During 2009, U.S. Customs and Border Protection proposed modifying previously-issued ruling letters that determined whether the transportation of certain articles and equipment by non-coastwise-qualified 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.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 19 CFR 4.80b(a) (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 46 USC 55102 Legal Deadline: None

Timetable:
Action Date FR Cite
Withdrawn 11/15/2010

Regulatory Flexibility Analysis Required: Business; Organizations Government Levels Affected: No

Federalism: No 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

Department of Homeland Security (DHS) Transportation Security Administration ( TSA ) RIN: 1652-AA53

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Title: Large Aircraft Security Program, Other Aircraft Operator Security Program, and Airport Operator Security Program Abstract: On October 30, 2008, the Transportation Security Administration (TSA) issued a Notice of Proposed Rulemaking (NPRM), proposing to amend current aviation transportation security regulations to enhance the security of general aviation byexpanding the scope of current requirements, and by adding new requirements for certain large aircraft operators and airports serving those aircraft. TSA also proposed that all aircraft operations, including corporate and private charter operations, with aircraft having a maximum certificated takeoff weight (MTOW) above 12,500 pounds ("large aircraft") be required to adopt a large aircraft security program. TSA also proposed to require certain airports that serve large aircraft to adopt security programs. TSA is preparing a supplemental NPRM (SNPRM), which will include a comment period for public comments. After considering comments received on the NPRM and meeting with stakeholders, TSA decided to revise the original proposal to tailor security requirements to the general aviation industry. TSA is considering alternatives to the following proposed provisions in the SNPRM: (1) The type of aircraft subject to TSA regulation; (2) compliance oversight; (3) watch list matching of passengers; (4) prohibited items; (5) scope of the background check requirements and the procedures used to implement the requirement; and (6) other issues. Additionally, in the SNPRM, TSA plans to propose security measures for foreign aircraft operators. U.S. and foreign operators would implement commensurate measures under the proposed rule.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule Major: Yes Unfunded Mandates: Private Sector CFR Citation: 49 CFR 1515; 49 CFR 1520; 49 CFR 1522; 49 CFR 1540; 49 CFR 1542; 49 CFR 1544; 49 CFR 1550 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 6 USC 469; 18 USC 842; 18 USC 845; 46 USC 70102 to 70106; 46 USC 70117; 49 USC 114; 49 USC114(f)(3); 49 USC 5103; 49 USC 5103a; 49 USC 40113; 49 USC 44901 to 44907; 49 USC 44913 to 44914; 49 USC 44916 to 44918; 49 USC 44932; 49 USC 44935 to 44936; 49 USC 44942; 49 USC 46105 Legal Deadline: None

Regulatory Plan:
Statement of Need: This rule would enhance current security measures and might apply security measures currently in place for operators of certain types of aircraft to operators of other aircraft, including general aviation operators. While the focus of TSA's existing aviation security programs has been on air carriers and commercial operators, TSA is aware that general aviation aircraft of sufficient size and weight may inflict significant damage and loss of lives if they are hijacked and used as missiles. TSA has current regulations that apply to large aircraft operated by air carriers and commercial operators, including the twelve-five program, the partial program, and the private charter program. However, the current regulations in 49 CFR part 1544 do not cover all general aviation operations, such as those operated by corporations and individuals, and such operations do not have the features that are necessary to enhance security. Therefore, TSA is preparing a SNPRM which proposes to establish new security measures for operators, including general aviation operators, that are not covered under TSA's current regulations.

Legal Basis: 49 U.S.C. 114, 40113, 44903.

Alternatives: DHS considered continuing to use voluntary guidance to secure general aviation, but determined that to ensure that each aircraft operator maintains an appropriate level of security, these security measures would need to be mandatory requirements.

Costs and Benefits: This proposed rule would yield benefits in the areas of security and quality governance. The rule would enhance security by expanding the mandatory use of security measures to certain operators of large aircraft that are not currently required to have a security plan. These measures would deter malicious individuals from perpetrating acts that might compromise transportation or national security by using large aircraft for these purposes. As stated above, TSA is revising this proposed rule and preparing a SNPRM. Aircraft operators, passengers, and TSA would incur costs to comply with the requirements of the proposed rule. TSA is currently evaluating the costs of the revised rule which will be published in the SNPRM.

Risks: This rulemaking addresses the national security risk of general aviation aircraft being used as a weapon or as a means to transport persons or weapons that could pose a threat to the United States.
Timetable:
Action Date FR Cite
NPRM 10/30/2008 73 FR 64790 Notice--NPRM Comment Period Extended 11/25/2008 73 FR 71590 Notice--Public Meetings; Requests for Comments 12/28/2008 73 FR 77045 NPRM Comment Period End 12/29/2008 NPRM Extended Comment Period End 02/27/2009 Supplemental NPRM 06/00/2011

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 AnalysisRequired: Undetermined Government Levels Affected: Local

Federalism: No Energy Affected: No International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Related RINs: Related to 1652-AA03; Related to 1652- AA04 Agency Contact: Erik Jensen Assistant General Manager, General Aviation Security Department of Homeland Security Transportation Security Administration Office of Transportation Sector Network Management TSA-28, HQ, E10-132S 601 South 12th Street Arlington , VA 20598-6028 Phone: 571 227-2154 FAX: 571 227-1923 E-Mail: erik.jensen@dhs.gov Agency Contact: Holly Merwin Economist, Regulatory Development and Economic Analysis Department of Homeland Security Transportation Security Administration Office of Transportation Sector Network Management TSA-28, HQ, E10-343N 601 South 12th Street Arlington , VA 20598-6028 Phone: 571 227-4656 FAX: 571 227-1362 E-Mail: holly.merwin@dhs.gov Agency Contact: Mai Dinh Assistant Chief Counsel, Regulations and Security Standards Division Department of Homeland Security Transportation Security Administration Office of the Chief Counsel TSA-2, HQ, E12-309N 601 South 12th Street Arlington , VA 20598-6002 Phone: 571 227-2725 FAX: 571 227-1378 E-Mail: mai.dinh@dhs.gov Agency Contact: Kiersten Ols Attorney, Regulations and Security Standards Division Department of Homeland Security Transportation Security Administration Office of the Chief Counsel TSA-2, HQ, E12-316N 601 South 12th Street Arlington , VA 20598-6002 Phone: 571 227-2403 FAX: 571 227-1378 E-Mail: kiersten.ols@dhs.gov

Department of Homeland Security (DHS) Transportation Security Administration ( TSA ) RIN: 1652-AA54

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Title: Sensitive Security Information: Disclosure in Federal Civil Court Proceedings Abstract: The Transportation Security Administration (TSA) is proposing to revise its regulations governing the protection of Sensitive Security Information (SSI) to implement section 525(d) of the U.S. Department of Homeland Security (DHS) Appropriations Act of 2007, which grants civil litigants or their counsel who do not currently have a need to know SSI access to specific SSI in Federal district court proceedings, if certain requirements are met. Sensitive Security Information is primarily information that would be detrimental to transportation security or safety if publicly disclosed. This proposed rule would establish an administrative process by which a limited number of individuals representing parties in Federal civil court proceedings would apply to TSA for access to SSI for use in the litigation.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: NoCFR Citation: 49 CFR 1515; 49 CFR 1520 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 49 USC 114; PL 109-295, sec 525; PL 110-161, sec 522; PL 110-329, sec 510; PL 111-83, sec 510 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 06/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Mark Roberts Acting Manager, Sensitive Security Information (SSI) Office Department of Homeland Security Transportation Security Administration Office of Intelligence TSA-10, HQ, E11-122S 601 South 12th Street Arlington , VA 20598-6011 Phone: 571 227-5122 E-Mail: ssi@dhs.gov Agency Contact: Susan Berkeley Sr. Economist, Regulatory Development and Economic Analysis Department of Homeland Security Transportation Security Administration Office of Transportation Sector Network Management TSA-28, HQ, E10-344N 601 South 12th Street Arlington , VA 20598-6028 Phone: 571 227-4892 FAX: 571 227-1362 E-Mail: susan.berkeley@dhs.gov Agency Contact: John Vergelli Attorney, Regulations and Security Standards Division Department of Homeland Security Transportation Security Administration DHS, TSA, Office of the Chief Counsel TSA-2, HQ, E12-309N 601 South 12th Street Arlington , VA 20598-6002 Phone: 571 227-4416 FAX: 571 227-1378 E-Mail: john.vergelli@dhs.gov

Department of Homeland Security (DHS) Transportation Security Administration ( TSA ) RIN: 1652-AA55

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Title: Public Transportation and Passenger Railroads--Security Training of Employees Abstract: The Transportation Security Administration (TSA) will propose a new regulation to improve the security of public transportation and passenger railroads in accordance with the Implementing Recommendations of the 9/11 Commission Act of 2007. This rulemaking will propose general requirements for a public transportation security training program and a passenger railroad training program to prepare public transportation and passenger railroad employees, including frontline employees, for potential security threats and conditions.

Priority: Other 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 ) Legal Authority: 49 USC 114; PL 110-53, secs 1408 and 1517 Legal Deadline: According to section 1408 of Public Law 110-53, Implementing Recommendations of the 9/11 Commission Act of 2007 (Aug. 3, 2007; 121 Stat. 266), interim final regulations for public transportation agencies are due 90 days after the date of enactment (Nov. 1, 2007), and final regulations are due 1 year after the date of enactment of this Act. According to section 1517 of the same Act, final regulations for railroads are due no later than 6 months after the date of enactment of this Act.
Action Source Description Date Interim Rule for public transportation agencies is due 90 days after dateOther Statutory of enactment. 11/01/2007

Other Statutory Rule for railroads is due 6 months after date of enactment. 02/03/2008

Other Statutory Rule for public transportation agencies is due 1 year after date of enactment. 08/03/2008

Regulatory Plan:
Statement of Need: A security training program for public transportation agencies and for passenger railroads is proposed to prepare public transportation and passenger railroad employees, including frontline employees, for potential security threats and conditions.

Legal Basis: 49 U.S.C. 114; sections 1408 and 1517 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 programs for these operators. As part of its notice of proposed rulemaking, TSA will seek public comment on the numerous ways in which the final rule could carry out the requirements of the statute.

Costs and Benefits: TSA will estimate the costs that the public transportation agencies and passenger railroads covered by this proposed rule would incur following its implementation. These costs will include estimates for the following elements: 1) creating or modifying a security training program and submitting it to TSA; 2) training (initial and recurrent) all security-sensitive employees; 3) maintaining records of employee training; 4) being available for inspections; 5) providing information on security coordinators and alternates; and 6) reporting security concerns. TSA will also estimate the costs TSA itself would expect to incur with the implementation of this rule. The primary benefit of the Security Training NPRM will be to enhance United States surface transportation security by reducing the vulnerability of public transportation agencies and passenger railroads to terrorist activity through the training of security-sensitive employees. TSA uses a break-even analysis to assess the trade-off between the beneficial effects of the Security Training NPRM and the costs of implementing the rulemaking. This break-even analysis uses scenarios extracted from the TSA Transportation Sector Security Risk Assessment (TSSRA) to determine the degree to which the Security Training NPRM must reduce the overall risk of a terrorist attack in order for the expected benefits of the NPRM to justify the estimated costs. For its analyses, TSA uses scenarios with varying levels of risk, but only details theconsequence estimates. To maintain consistency, TSA developed the analyses with a method similar to that used for the breakeven analyses conducted in earlier DHS rules. After estimating the total consequence of each scenario by monetizing lives lost, injuries incurred, capital replacement and clean-up, and lost revenue, TSA will use this figure and the annualized cost of the NPRM for public transportation and passenger rail to calculate a breakeven annual likelihood of attack.

Risks: The Department of Homeland Security aims to prevent terrorist attacks within the United States and to reduce the vulnerability of the United States to terrorism. By providing for security training for personnel, TSA intends in this rulemaking to reduce the risk of a terrorist attack on this transportation sector.
Timetable:
Action Date FR Cite
NPRM 03/00/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined Energy Affected: No Related RINs: Related to 1652-AA57; Related to 1652- AA59 Agency Contact: Morvarid Zolghadr Branch Chief, Policy and Plans, Mass Transit and Passenger Rail Security Department of Homeland Security Transportation Security Administration Office of Transportation Sector Network Management TSA-28, E10-113S 601 South 12th Street Arlington , VA 20598-6028 Phone: 571 227-2957 FAX: 571 227-0729 E-Mail: morvarid.zolghadr@dhs.gov Agency Contact: 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, E10-341N 601 South 12th Street Arlington , VA 20598-6028 Phone: 571 227-5474FAX: 703 603-0302 E-Mail: nicholas.acheson@dhs.gov Agency Contact: David Kasminoff Sr. Counsel, Regulations and Security Standards Division Department of Homeland Security Transportation Security Administration Office of the Chief Counsel TSA-2, HQ, E12-310N 601 South 12th Street Arlington , VA 20598-6002 Phone: 571 227-3583 FAX: 571 227-1378 E-Mail: david.kasminoff@dhs.gov

Department of Homeland Security (DHS) Transportation Security Administration ( TSA ) RIN: 1652-AA57

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Title: Freight Railroads--Security Training of Employees Abstract: The Transportation Security Administration (TSA) will propose new regulations to improve the security of freight railroads in accordance with the Implementing Recommendations of the 9/11 Commission Act of 2007. The rulemaking will propose general requirements for a security training program to prepare freight railroad employees, including frontline employees, for potential security threats and conditions. The regulations will take into consideration any current security training requirements or best practices.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: Undetermined Unfunded Mandates: Undetermined CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 49 USC 114; PL 110-53, sec 1517 Legal Deadline: According to section 1517 of Public Law 110-53, Implementing Recommendations of the 9/11 Commission Act of 2007 (Aug. 3, 2007; 121 Stat. 266), TSA must issue a regulation no later than 6 months after the date of enactment of this Act.
Action Source Description Date Other Statutory Rule is due 6 months after date of enactment. 02/03/2008

Regulatory Plan:
Statement of Need: The rulemaking will propose general requirements for a security training program to prepare freight railroad employees, including frontline employees, for potential security threats and conditions.

Legal Basis: 49 U.S.C. 114; section 1517 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 programs for these operators. As part of its notice of proposed rulemaking, TSA will seek public comment on the numerous 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 covered by this proposed rule would incur following its implementation. These costs will include estimates for the following elements: 1) Creating or modifying a security training program and submitting it to TSA; 2) training (initial and recurrent) all security-sensitive employees; 3) maintaining records of employee training; 4) being available for inspections; 5) providing information on security coordinators and alternates; and 6) reporting security concerns. TSA will also estimate the costs TSA itself would expect to incur with the implementation of this rule. The primary benefit of the Security Training NPRM will be to enhance United States surface transportation security by reducing the vulnerability of freight railroad systems to terrorist activity through the training of security-sensitive employees. TSA uses a break-even analysis to assess the trade-off between the beneficial effects of the Security Training NPRM and the costs of implementing the rulemaking. This break-even analysis uses scenarios extracted from the TSA Transportation Sector Security Risk Assessment (TSSRA) to determine the degree to which the Security Training NPRM must reduce the overall risk of a terrorist attack in order for the expected benefits of the NPRM to justify the estimated costs. For its analyses, TSA uses scenarios with varying levels of risk, but only details the consequence estimates. To maintain consistency, TSA developed the analyses with a method similar to that used for the break-even analyses conducted in earlier DHS rules. After estimating the consequence of each scenario by monetizing lives lost, injuries incurred, capital replacement and clean-up, and lost revenue, TSA will use this figure and the annualized cost of the NPRM for freight rail to calculate a breakeven annual likelihood of attack.Risks: The Department of Homeland Security aims to prevent terrorist attacks within the United States and to reduce the vulnerability of the United States to terrorism. By providing for security training for personnel, TSA intends in this rulemaking to reduce the risk of a terrorist attack on this transportation sector.
Timetable:
Action Date FR Cite
NPRM 03/00/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined Energy Affected: No Related RINs: Related to 1652-AA55; Related to 1652- AA59 Agency Contact: Scott Gorton Policy and Plans Branch Chief for Freight Rail Department of Homeland Security Transportation Security Administration Office of Transportation Sector Network Management TSA-28, HQ, E10-423N 601 South 12th Street Arlington , VA 20598-6028 Phone: 571 227-1251 FAX: 571 227-2930 E-Mail: scott.gorton@dhs.gov Agency Contact: 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, E10-341N 601 South 12th Street Arlington , VA 20598-6028 Phone: 571 227-5474 FAX: 703 603-0302 E-Mail: nicholas.acheson@dhs.gov Agency Contact: David Kasminoff Sr. Counsel, Regulations and Security Standards Division Department of Homeland Security Transportation Security Administration Office of the Chief Counsel TSA-2, HQ, E12-310N 601 South 12th Street Arlington , VA 20598-6002 Phone: 571 227-3583 FAX: 571 227-1378 E-Mail: david.kasminoff@dhs.gov

Department of Homeland Security (DHS) Transportation Security Administration ( TSA ) RIN: 1652-AA59

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Title: Over-the-Road Buses--Security Training of Employees Abstract: The Transportation Security Administration (TSA) will propose new regulations to improve the security of over-theroad buses in accordance with the Implementing Recommendations of the 9/11 Commission Act of 2007. The rulemaking will propose an over-the-road bus security training program to prepare over-the-road bus frontline employees for potential security threats and conditions. The regulations will take into consideration any current security training requirements or best practices.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: Undetermined Unfunded Mandates: Undetermined CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 49 USC 114; PL 110-53, sec 1534 Legal Deadline: According to section 1534 of Public Law 110-53, Implementing Recommendations of the 9/11 Commission Act of 2007 (Aug. 3, 2007); 121 Stat. 266), TSA must issue a regulation no later than 6 months after date of enactment of this Act.
Action Source Description DateOther Statutory Rule due 6 months after date of enactment. 02/03/2008

Regulatory Plan:
Statement of Need: The rulemaking will propose an over-the-road bus security training program to prepare over-the-road bus frontline employees for potential security threats and conditions.

Legal Basis: 49 U.S.C. 114; section 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 programs for these operators. As part of its notice of proposed rulemaking, TSA will seek public comment on the numerous ways in which the final rule could carry out the requirements of the statute.

Costs and Benefits: TSA will estimate the costs that the commercial over-the-road bus (OTRB) entities covered by this proposed rule would incur following its implementation. These costs will include estimates for the following elements: 1) Creating or modifying a security training program and submitting it to TSA; 2) training (initial and recurrent) all security-sensitive employees; 3) maintaining records of employee training; 4) being available for inspections; 5) providing information on security coordinators and alternates; and 6) reporting security concerns. TSA will also estimate the costs TSA itself would expect to incur with the implementation of this rule. The primary benefit of the Security Training NPRM will be to enhance United States surface transportation security by reducing the vulnerability of commercial OTRB operators to terrorist activity through the training of security-sensitive employees. TSA uses a break-even analysis to assess the trade-off between the beneficial effects of the Security Training NPRM and the costs of implementing the rulemaking. This break-even analysis uses scenarios extracted from the TSA Transportation Sector Security Risk Assessment (TSSRA) to determine the degree to which the Security Training NPRM must reduce the overall risk of a terrorist attack in order for the expected benefits of the NPRM to justify the estimated costs. For its analyses, TSA uses scenarios with varying levels of risk, but only details the consequence estimates. To maintain consistency, TSA developed the analyses with a method similar to that used for the break-even analyses conducted in earlier DHS rules. After estimating the consequence of each scenario by monetizing lives lost, injuries incurred, capital replacement and clean-up, and lost revenue, TSA will use this figure and the annualized cost of the NPRM for OTRB operators to calculate a breakeven annual likelihood of attack.

Risks:
Timetable:
Action Date FR Cite
NPRM 03/00/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined Energy Affected: No Related RINs: Related to 1652-AA55; Related to 1652- AA57 Agency Contact: Steve Sprague Highway Passenger, Infrastructure and Licensing Branch Chief; Highway and Motor Carrier Programs Department of Homeland Security Transportation Security Administration Office of Transportation Sector Network Management TSA-28, HQ, E 601 South 12th Street Arlington , VA 20598-6028 Phone: 571 227-1468 E-Mail: steve.sprague@dhs.gov Agency Contact: Shaina Pereira Economist, Regulatory Development and Economic Analysis Department of Homeland Security Transportation Security Administration Office of Transportation Sector Network Management TSA-28, HQ, E10-339N 601 South 12th Street Arlington , VA 20598-6028 Phone: 571 227-5138 FAX: 571 227-1362 E-Mail: shaina.pereira@dhs.gov Agency Contact: Traci Klemm Attorney, Regulations and Security Standards Division Department of Homeland Security Transportation Security Administration Office of the Chief Counsel TSA-2, E12-335N 601 South 12th StreetArlington , VA 20598-6002 Phone: 571 227-3596 E-Mail: traci.klemm@dhs.gov

Department of Homeland Security (DHS) Transportation Security Administration ( TSA ) RIN: 1652-AA61

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Title: Standardized Vetting, Adjudication, and Redress Services Abstract: The Transportation Security Administration (TSA) will propose new regulations to revise and standardize the procedures, adjudication criteria, and fees for most of the security threat assessments (STA) of individuals for which TSA is responsible. In accordance with the Implementing Recommendations of the 9/11 Commission Act of 2007, the scope of the rulemaking will include transportation workers from all modes of transportation who are required to undergo an STA in other regulatory programs, including certain aviation workers and frontline employees for public transportation agencies, railroads, and over-the-road buses. In addition, TSA will propose fees to cover the cost of the STAs, and credentials for some personnel. TSA plans to improve efficiencies in processing STAs and streamline existing regulations by simplifying language and removing redundancies.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: Undetermined Unfunded Mandates: Undetermined CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 49 USC 114; PL 110-53, secs 1411, 1414, 1520, 1522, 1602; 6 USC 469 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 05/00/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined Energy Affected: No Agency Contact: Hao-y Tran Froemling Program Manager, Maritime and Surface Credentialing Department of Homeland Security Transportation Security Administration Office of Transportation Threat Assessment and Credentialing TSA-19, HQ, E3-401N 601 South 12th Street Arlington , VA 20598-6019 Phone: 571 227-2782 E-Mail: hao-y.froemling@dhs.gov Agency Contact: Adam Sicking Economist, Regulatory Development and Economic Analysis Department of Homeland Security Transportation Security Administration Office of Transportation Sector Network Management TSA-28, HQ, E10-345N 601 South 12th Street Arlington , VA 20598-6028 Phone: 571 227-2304 FAX: 571 227-1362 E-Mail: adam.sicking@dhs.gov Agency Contact: Christine Beyer Assistant Chief Counsel, Regulations and Security Standards Division Department of Homeland Security Transportation Security Administration Office of the Chief Counsel TSA-2, HQ, E12-336N 601 South 12th Street Arlington , VA 20598-6002 Phone: 571 227-2657 E-Mail: christine.beyer@dhs.govDepartment of Homeland Security (DHS) Transportation Security Administration ( TSA ) RIN: 1652-AA03

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Title: Security Programs for Aircraft Weighing 12,500 Pounds or More Abstract: On February 22, 2002, the Transportation Security Administration (TSA) published the interim final rule, known as the "Twelve-Five Rule," which requires operators of aircraft with a maximum certificated takeoff weight of 12,500 pounds or more to implement a TSA-approved security program, known as the "Twelve-Five Security Program." The rule also requires that certain aircraft operators conduct criminal history records checks on their flight crew members, and restrict access to the flight deck. These measures were necessary to comply with congressional mandates and to enhance security in air transportation. TSA plans to publish a final rule in order to respond to the public comments and close out this rulemaking. Security programs constitute sensitive security information (SSI), which is disclosed only to persons with a need to know, in accordance with 49 CFR part 1520. Therefore, the proposed Twelve-Five Security Program was distributed, for comment only, to the operators subject to the rule. TSA responded to the comments received, but because the comments and responses contained SSI, they were not made public. TSA amended the program, where appropriate, to accommodate the comments received on the security program. TSA provided the final security program to affected entities, and completed a training program for the operators to use to ensure that they operate in accordance with the final security program. In addition, TSA developed a fingerprint collection process that enables all affected operators to complete the fingerprint-based criminal history records checks of their flight crew members, as required by the Twelve-Five Rule. Affected operators were required to be in compliance with the rule by April 1, 2003.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: Undetermined Unfunded Mandates: No CFR Citation: 49 CFR 1540; 49 CFR 1544 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 49 USC 114; 49 USC 5103; 49 USC 40119; 49 USC 44901 to 44907; 49 USC 44913 and 44914; 49 USC 44916 to 44918; 49 USC 44935 and 44936; 49 USC 44942; 49 USC 46105 Legal Deadline: Section 132(a) of the Aviation and Transportation Security Act (ATSA) (Pub. L. 107–71; Nov. 19, 2001), requires that within 90 days of ATSA's enactment, TSA implement an aviation security program for charter air carriers (as defined in section 40102(a)(13) of title 49, United States Code) with a maximum certificated takeoff weight of 12,500 pounds or

more. Action Source Description Date

Other Statutory section 132(a) of ATSA requires TSA implement an aviation security program for certain air carriers within 90 days of enactment of ATSA. 02/19/2002

Timetable:
Action Date FR Cite Final Rule; Request for Comments 02/22/2002 67 FR 8205 Final Rule Comment Period End 04/23/2002
Final Rule Effective 06/24/2002 Notice--Extend Compliance Date to 12/01/2002 08/28/2002 67 FR 55308 Notice--Extend Compliance Date; Comment Period End 09/30/2002 Notice--Extend Compliance Date to 02/01/2003 11/08/2002 67 FR 68227 Notice--Extend Compliance Date to 04/01/2003 02/05/2003 68 FR 5974 Notice--Information Collection; 60-Day Renewal 11/26/2003 68 FR 66473 Notice--Information Collection; 30-Day Renewal 02/11/2004 69 FR 6683 Notice--Information Collection; 60-Day Renewal 11/02/2006 71 FR 64547 Notice--Information Collection; 30-Day Renewal 04/11/2007 72 FR 18269
Final Rule 06/00/2011

Additional Information: Transferred from RIN 2110-AA04

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No Related RINs: Related to 1652-AA04 Agency Contact: Dominick S. Caridi Director, 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: 571 227-2952FAX: 703 603-0404 E-Mail: dominick.caridi@dhs.gov Agency Contact: Mai Dinh Assistant Chief Counsel, Regulations and Security Standards Division Department of Homeland Security Transportation Security Administration Office of the Chief Counsel TSA-2, HQ, E12-309N 601 South 12th Street Arlington , VA 20598-6002 Phone: 571 227-2725 FAX: 571 227-1378 E-Mail: mai.dinh@dhs.gov

Department of Homeland Security (DHS) Transportation Security Administration ( TSA ) RIN: 1652-AA38

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Title: Aircraft Repair Station Security Abstract: The Transportation Security Administration (TSA) proposed to add a new regulation to improve the security of domestic and foreign aircraft repair stations, as required by the section 611 of Vision 100--Century of Aviation Reauthorization Act and section 1616 of the 9/11 Commission Act of 2007. The regulation proposed general requirements for security programs to be adopted and implemented by repair stations certificated by the Federal Aviation Administration (FAA). A notice of proposed rulemaking (NPRM) was published in the Federal Register on November 18, 2009, requesting public comments to be submitted by January 19, 2010. The comment period was extended to February 19, 2010, on request of the stakeholders to allow the aviation industry and other interested entities and individuals additional time to complete their comments.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: Yes Unfunded Mandates: No CFR Citation: 49 CFR 1554 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 49 USC 114; 49 USC 44924 Legal Deadline: Section 611(b)(1) of Vision 100--Century of Aviation Reauthorization Act (Pub. L. 108-176; Dec. 12, 2003; 117 Stat. 2490), codified at 49 U.S.C. 44924, requires TSA issue “final regulations to ensure the security of foreign and domestic aircraft repair stations.” Section 1616 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Pub. L. 110–531; Aug. 3, 2007; 21 Stat. 266) requires TSA issue a final rule on foreign repair station security.
Action Source Description Date

Other Statutory Rule within 240 days of the date of enactment of Vision 100. 08/08/2004

Other Statutory Rule within 1 year after the date of enactment of 9/11 Commission Act. 08/03/2008

Regulatory Plan:
Statement of Need: The Transportation Security Administration (TSA) is proposing regulations to improve the security of domestic and foreign aircraft repair stations. The NPRM proposed to require repair stations that are certificated by the Federal Aviation Administration to adopt and carry out a security program. The proposal will codify the scope of TSA's existing inspection program. The proposal also provides procedures for repair stations to seek review of any TSA determination that security measures are deficient.

Legal Basis: Section 611(b)(1) of Vision 100—Century of Aviation Reauthorization Act (Pub. L. 108-176; Dec. 12, 2003; 117 Stat. 2490), codified at 49 U.S.C. 44924, requires TSA to issue “final regulations to ensure the security of foreign and domestic aircraft repair stations” within 240 days from date of enactment of Vision 100. Section 1616 of Public Law 110-53, Implementing Recommendations of the 9/11 Commission Act of 2007 (Aug. 3, 2007; 121 Stat. 266) requires that the FAA may not certify any foreign repair stations if the regulations are not issued within 1 year after the date of enactment of the 9/11 Commission Act unless the repair station was previously certificated or is in the process of certification.

Alternatives: TSA is required by statute to publish regulations requiring security programs for aircraft repair stations. As part of its notice of proposed rulemaking, TSA sought public comment on the numerous alternative ways in which the final rule could carry out the requirements of the statute.

Costs and Benefits: TSA anticipates costs to aircraft repair stations mainly related to the establishment of security programs, which may include adding such measures as access controls, a personnel identification system, security awareness training, the designation of a security coordinator, employee background verification, and contingency plan. The total 10-year undiscounted cost of the program is $344 million. The discounted at 7 percent, 10-year cost of the program is $241 million. Security coordinator costs of $132 million and training costs of $132 million represent the largest portions of the program. Amajor line of defense against an aviation-related terrorist act is the prevention of explosives, weapons, and/or incendiary devices from getting on board a plane. To date, efforts have been primarily related to inspection of baggage, passengers, and cargo, and security measures at airports that serve air carriers. With this rule, attention is given to aircraft that are located at repair stations, and to aircraft parts that are at repair stations, themselves to reduce the likelihood of an attack against aviation and the country. Since repair station personnel have direct access to all parts of an aircraft, the potential exists for a terrorist to seek to commandeer or compromise an aircraft when the aircraft is at one of these facilities. Moreover, as TSA tightens security in other areas of aviation, repair stations increasingly may become attractive targets for terrorist organizations attempting to evade aviation security protections currently in place.

Risks: The Department of Homeland Security aims to prevent terrorist attacks within the United States and to reduce the vulnerability of the United States to terrorism. By requiring security programs for aircraft repair stations, TSA will focus on preventing unauthorized access to repair work and to aircraft to prevent sabotage or hijacking.
Timetable:
Action Date FR Cite Notice--Public Meeting; Request for Comments 02/24/2004 69 FR 8357 Report to Congress 08/24/2004
NPRM 11/18/2009 74 FR 59873 NPRM Comment Period Extended 12/29/2009 74 FR 68774 NPRM Comment Period End 01/19/2010 NPRM Extended Comment Period End 02/19/2010
Final Rule 05/00/2011

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No Federalism: No Energy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: Celio Young Program Manager, Repair Stations Department of Homeland Security Transportation Security Administration Office of Transportation Sector Network Management, General Aviation Division TSA-28, HQ, E5 601 South 12th Street Arlington , VA 20598-6028 Phone: 571 227-3580 FAX: 571 227-1362 E-Mail: celio.young@dhs.gov Agency Contact: Thomas (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 E-Mail: thomas.philson@dhs.gov Agency Contact: Linda L. Kent Assistant Chief Counsel, Regulations and Security Standards Division Department of Homeland Security Transportation Security Administration Office of the Chief Counsel TSA-2, HQ, E12-126S 601 South 12th Street Arlington , VA 20598-6002 Phone: 571 227-2675 FAX: 571 227-1381 E-Mail: linda.kent@dhs.gov

Department of Homeland Security (DHS) Transportation Security Administration ( TSA ) RIN: 1652-AA64

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Title: Air Cargo Screening Abstract: On September 16, 2009, the Transportation Security Administration (TSA) issued an Interim Final Rule (IFR) thatestablished the Certified Cargo Screening Program (CCSP) that certifies shippers, manufacturers, and other entities to screen air cargo intended for transport on a passenger aircraft. This is the primary means through which TSA will meet the requirements of section 1602 of the Implementing Recommendations of the 9/11 Commission Act of 2007 that mandates that 100 percent of air cargo transported on passenger aircraft, operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation, be screened by August 2010, to ensure the security of all such passenger aircraft carrying cargo. Under this rulemaking, each certified cargo screening facility (CCSF) and its employees and authorized representatives that will be screening cargo must successfully complete a security threat assessment. The CCSF must also submit to an assessment of their security measures by TSA-approved validators, screen cargo using TSA-approved methods, and initiate strict chain of custody measures to ensure the security of the cargo throughout the supply chain prior to tendering it for transport on passenger aircraft. TSA will issue a final rule responding to public comments from the IFR.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: Yes Unfunded Mandates: Private Sector CFR Citation: 49 CFR 1520; 49 CFR 1522; 49 CFR 1540; 49 CFR 1544; 49 CFR 1548; 49 CFR 1549 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: PL 110-53, sec 1602; 49 USC 114; 49 USC 40113; 49 USC 44901 to 44905; 49 USC 44913 to 44914; 49 USC 44916; 49 USC 44935 to 44936; 49 USC 46105 Legal Deadline: Section 1602 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Pub. L. 110-53, 121 Stat. 266, 478, Aug. 3, 2007) requires that the Secretary of Homeland Security establish a system to screen 50 percent of cargo on passenger aircraft NLT 18 months after the date of enactment and 100 percent of such cargo NLT 3 years after the date of enactment. The 9/11 Act also requires that TSA issue a final rule NLT 1 year after the effective date of the interim final rule (Nov. 2010).
Action Source Description Date

Other Statutory Screen 50 percent of cargo on passenger aircraft. 02/03/2009 Other Statutory Screen 100 percent of cargo on passenger aircraft. 08/03/2010 Other Statutory 1 year after effective date of the interim final rule. 11/03/2010

Regulatory Plan:
Statement of Need: TSA is establishing a system to screen 100 percent of cargo transported on passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation to ensure the security of all such passenger aircraft carrying cargo. The system shall require, at a minimum, that equipment, technology, procedures, personnel, or other methods approved by the Administrator of TSA, used to screen cargo carried on passenger aircraft, provide a level of security commensurate with the level of security for the screening of passenger checked baggage.

Legal Basis: 49 U.S.C. 114; section 1602 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Pub. L. 110-53, 121 Stat. 266, 478, 10/3/2007), codified at 49 U.S.C. 44901(g).

Alternatives: The Interim Final Rule (IFR) states that as an alternative to establishing the CCSP, TSA considered meeting the statutory requirements by having aircraft operators screen cargo intended for transportation on passenger aircraft—that is, continuing the current cargo screening program but expanding it to 85 percent of air cargo on passenger aircraft, with the remaining 15 percent assumed to be shipped via other modes. Under this alternative, the cost drivers are screening equipment, personnel for screening, training of personnel, and delays. Delays are the largest cost component, totaling $7.0 billion over 10 years, undiscounted. In summary, the undiscounted 10 year cost of the alternative is $11.1 billion, and discounted at 7 percent, the cost is $7.7 billion.

Costs and Benefits: TSA estimates the cost of the rule will be $1.9 billion (discounted at 7 percent) over 10 years. TSA analyzed the alternative of not establishing the Certified Cargo Screening Program (CCSP) and, instead, having aircraft operators and air carriers perform screening of all cargo transported on passenger aircraft. Absent the CCSP, the estimated cost to aircraft operators and air carriers is $7.7 billion (discounted at 7 percent) over 10 years. The bulk of the costs for both the CCSP and the alternative are attributed to personnel and the impact of cargo delays resulting from the addition of a new operational process. The benefits of the FR are five-fold. First, passenger air carriers will be more firmly protected against an act of terrorism or other malicious behaviors by the screening of 100 percent of cargo shipped on passenger aircraft. Second, allowing the screening process to occur throughout the supply chain via the Certified Cargo Screening Program will reduce potential bottlenecks and delays at the airports. Third, the FR will allow market forces to identify the most efficient venue for screening along the supply chain, as entities upstream from the aircraft operator may apply to become CCSFs and screen cargo. Fourth, the CCSP enables members to screen valuable cargo earlier in the supply chain and avoid any potentially invasive screening that may occur at the aircraft operator level. Finally, validation firms will perform assessments of the entities that become CCSFs, allowing TSA to set priorities for compliance inspections.

Risks:
Timetable:
Action Date FR Cite
Interim Final Rule 09/16/2009 74 FR 47672Interim Final Rule Effective 11/16/2009 Interim Final Rule Comment Period End 11/16/2009
Final Rule 03/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Federalism: No Energy Affected: No Agency Contact: Victor Parker Branch Chief, Air Cargo Policy & Plans Department of Homeland Security Transportation Security Administration Office of Transportation Sector Network Management TSA-28, HQ 601 South 12th Street Arlington , VA 20598-6028 Phone: 571 227-3664 E-Mail: victor.parker@dhs.gov Agency Contact: Adam Sicking Economist, Regulatory Development and Economic Analysis Department of Homeland Security Transportation Security Administration Office of Transportation Sector Network Management TSA-28, HQ, E10-345N 601 South 12th Street Arlington , VA 20598-6028 Phone: 571 227-2304 FAX: 571 227-1362 E-Mail: adam.sicking@dhs.gov Agency Contact: Alice Crowe Sr. Attorney, Regulations and Security Standards Division Department of Homeland Security Transportation Security Administration Office of the Chief Counsel TSA-2, HQ, E12-320N 601 South 12th Street Arlington , VA 20598-6002 Phone: 571 227-2652 FAX: 571 227-1379 E-Mail: alice.crowe@dhs.gov

Department of Homeland Security (DHS) Transportation Security Administration ( TSA ) RIN: 1652-AA00

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Title: Imposition and Collection of Passenger Civil Aviation Security Service Fees Abstract: The Transportation Security Administration (TSA) will take final action on the December 31, 2001, interim final rule (IFR) by completing an economic analysis and responding to comments received. That IFR established passenger civil aviation security service fees, known as the "September 11th Security Fee" in the amount of $2.50 per enplanement on passengers of domestic and foreign carriers in air transportation, foreign air transportation, and intrastate air transportation originating in the United States, up to $5.00 per one-way trip and $10.00 per round trip. The fees are required under 49 U.S.C. 44940 to pay TSA for the costs of providing Federal civil aviation security services.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: Undetermined Unfunded Mandates: No CFR Citation: 49 CFR 1510 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 49 USC 44940 Legal Deadline: Section 118 of the Aviation and Transportation Security Act (ATSA) (PL 107-71; Nov. 19, 2001), codified at 49 USC 44940, requires that within 60 days of ATSA’s enactment, or as soon as possible thereafter, TSA impose uniform security service fees on passengers of domestic and foreign air carriers in air transportation; publish notice of these fees in the Federal Register; and exempt TSA from procedural rulemaking requirements of 5 USC 553 and user fees requirements from 31 USC 9701.
Action Source Description Date

Other Statutory sec 118 directs TSA to impose uniform security service fees on certain aviation passengers within 60 days of enactment of ATSA, or as soon as possible thereafter. 01/19/2002Timetable:
Action Date FR Cite
Next Action Undetermined Interim Final Rule Effective 12/31/2001 Interim Final Rule; Request for Comments 12/31/2001 66 FR 67698 Notice-Information Collection; Emergency Processing 01/31/2002 67 FR 4866 Notice-Information Collection; Approval 02/19/2002 67 FR 7582 Interim Final Rule Comment Period End 03/01/2002 Interim Final Rule Comment Period Reopened 03/28/2002 67 FR 14879 Interim Final Rule Reopened Comment Period End 04/30/2002 Notice-Information Collection; 30-Day Renewal 07/10/2002 67 FR 45784 Notice-Partial Waiver of Independent Audit Requirement of Final Rule 01/23/2003 68 FR 3192
Notice-Information Collection; 60-Day Renewal 05/06/2005 70 FR 24108 Notice-Information Collection; 30-Day Renewal 07/27/2005 70 FR 43441 Notice-Information Collection; 60-Day Renewal 07/02/2008 73 FR 37981 Notice-Information Collection; 30-Day Renewal 09/05/2008 73 FR 51832

Additional Information: Transferred from RIN 2110-AA01

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No Energy Affected: No Related RINs: Related to 1652-AA01; Related to 1652- AA43 Agency Contact: Michael Gambone Deputy Director, Office of Revenue Department of Homeland Security Transportation Security Administration Office of Finance and Administration TSA-14, HQ, W12-319 601 South 12th Street Arlington , VA 20598-6014 Phone: 571 227-1081 FAX: 571 227-2904 E-Mail: michael.gambone@dhs.gov Agency Contact: Dominick S. Caridi Director, 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: 571 227-2952 FAX: 703 603-0404 E-Mail: dominick.caridi@dhs.gov Agency Contact: Linda L. Kent Assistant Chief Counsel, Regulations and Security Standards Division Department of Homeland Security Transportation Security Administration Office of the Chief Counsel TSA-2, HQ, E12-126S 601 South 12th Street Arlington , VA 20598-6002 Phone: 571 227-2675 FAX: 571 227-1381 E-Mail: linda.kent@dhs.gov

Department of Homeland Security (DHS) Transportation Security Administration ( TSA ) RIN: 1652-AA01

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Title: Aviation Security Infrastructure Fees (ASIF) Abstract: The Transportation Security Administration (TSA) will take final action on the February 20, 2002, interim final rule (IFR) by completing an economic analysis and responding to comments received. The IFR established the Aviation SecurityInfrastructure Fee (ASIF) imposed on air carriers and foreign air carriers in air transportation, foreign air transportation, and intrastate air transportation to help defray TSA's costs of providing U.S. civil aviation security services. The Aviation and Transportation Security Act (ATSA) (Pub. L. 107-71; Nov. 19, 2001), codified at 49 U.S.C. 44940, requires TSA to impose a uniform fee, the "September 11th Security Fee," on certain aviation passengers at no more than $2.50 per enplanement originating in the United States, up to $5.00 per one-way trip and $10.00 per round trip. To the extent that TSA estimates that the September 11th Security Fee will not cover TSA’s estimated annual costs for providing specified security services, ATSA authorizes TSA to impose a second fee, the ASIF, on carriers based on the costs they incurred for screening passengers and property in calendar year 2000. Beginning in fiscal year 2005, TSA may 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 calendar year 2000. See 49 U.S.C. 44940(2)(B)(iii). Reapportionment of the ASIF will not be the subject of this rulemaking and will be the subject of a separate proceeding.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action 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
Next Action Undetermined Interim Final Rule Effective 02/18/2002 Notice--Information Collection; Approval 02/28/2002 67 FR 9355 Interim Final Rule; Correction 02/25/2002 67 FR 8579 Interim Final Rule; Request for Comments 02/20/2002 67 FR 7926 Interim Final Rule; Comment Period End 03/18/2002 Interim Final Rule; Comment Period Extended 03/20/2002 67 FR 12954 Interim Final Rule; Extension of Comment Period End 04/02/2002 Notice--Guidance Appendix A 05/01/2002 67 FR 21582 Notice-Information Collection; 60-Day New Collection 01/27/2004 69 FR 3938 Notice-Information Collection; 30-Day New Collection 05/18/2004 69 FR 28141 Notice-Information Collection; 60-Day Renewal 05/09/2007 72 FR 26417 Notice-Information Collection; 30-Day Renewal 09/06/2007 72 FR 51238 Notice-Information Collection; 60-Day Renewal Records Retention 03/04/2010 75 FR 9920 Notice-Information Collection; 30-Day Renewal Records Retention 08/05/2010 75 FR 47311

Additional Information: Transferred from RIN 2110-AA02

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No Energy Affected: No Related RINs: Related to 1652-AA00; Related to 1652- AA43 Agency Contact: Michael Gambone Deputy Director, Office of Revenue Department of Homeland Security Transportation Security Administration Office of Finance and Administration TSA-14, HQ, W12-319 601 South 12th Street Arlington , VA 20598-6014 Phone: 571 227-1081 FAX: 571 227-2904 E-Mail: michael.gambone@dhs.gov Agency Contact: 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, E10-341N 601 South 12th Street Arlington , VA 20598-6028 Phone: 571 227-5474 FAX: 703 603-0302 E-Mail: nicholas.acheson@dhs.gov Agency Contact: Linda L. KentAssistant 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 E-Mail: linda.kent@dhs.gov

Department of Homeland Security (DHS) Transportation Security Administration ( TSA ) RIN: 1652-AA02

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Title: Civil Aviation Security Rules Abstract: On February 22, 2002, the Transportation Security Administration (TSA) published a final rule with a request for comment. This final rule transferred the Federal Aviation Administration’s (FAA) rules (14 CFR 91, 107, 108, 109, 121, 129, 135, 139, 191) governing civil aviation security to TSA (49 CFR parts 1500, 1520, 1540, 1542, 1544, 1546, 1548, 1550). ATSA mandated the transfer of these aviation security responsibilities from FAA to TSA. This final rule made some revisions to the FAA rules in order to enhance security as required by ATSA (Pub. L. 107-71; Nov. 19, 2001). The ATSA required that by November 19, 2002, the responsibility for inspecting persons and property carried by aircraft operators and foreign air carriers be transferred to TSA and that TSA employees (or companies under contract with TSA) conduct the inspection and screening. In response to the 2002 final rule, TSA received 11 comments. TSA is preparing to publish another final rule that closes out the 2002 final rule.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Long-term Action Major: Undetermined Unfunded Mandates: No CFR Citation: 49 CFR 1500 to 1550 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 49 USC 40101 et seq, PL 107-71 Legal Deadline: None

Timetable:
Action Date FR Cite
Next Action Undetermined Final Rule Effective 12/28/2001
Final Rule 12/28/2001 66 FR 67117 Final Rule Effective 02/17/2002 Final Rule; Request for Comments 02/22/2002 67 FR 8340 Final Rule Comment Period End 03/25/2002

Additional Information: Transferred from RIN 2110-AA03

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Thomas (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 E-Mail: thomas.philson@dhs.gov Agency Contact: Kiersten Ols Attorney, Regulations and Security Standards Division Department of Homeland Security Transportation Security Administration Office of the Chief Counsel TSA-2, HQ, E12-316N 601 South 12th Street Arlington , VA 20598-6002 Phone: 571 227-2403FAX: 571 227-1378 E-Mail: kiersten.ols@dhs.gov

Department of Homeland Security (DHS) Transportation Security Administration ( TSA ) RIN: 1652-AA08

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Title: Protection of Sensitive Security Information (SSI) Abstract: The Transportation Security Administration (TSA) will issue a rulemaking document responding to comments received on the May 18, 2004, interim final rule (IFR). In the IFR, published jointly with the Office of the Secretary of Transportation (OST) in May 2004, TSA revised its sensitive security information (SSI) regulations to expand the 2002 regulatory framework governing information generally related to aviation security to cover information related to security in maritime transportation, consistent with the security framework required by the U.S. Coast Guard’s regulations implementing the Maritime Transportation Security Act (MTSA). This expansion was the main theme of the IFR. However, the IFR also continued TSA's 2002 regulations 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 Interim Final Rule; Technical Amendment 01/07/2005 70 FR 1379 Notice--Information Collection; 60-Day Renewal 02/14/2007 72 FR 7059 Notice--Information Collection; 30-Day Renewal 06/18/2007 72 FR 33511

Additional Information: Joint rulemaking with Department of Transportation, Office of the Secretary (RIN No. 2105-AD33) Transferred from RIN 2110-AA10

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: No Federalism: No Energy Affected: No Related RINs: Related to 1652-AA05; Related to 1652- AA49 Related Agencies: Joint: OST
Agency Contact: Mark Roberts Acting Manager, Sensitive Security Information (SSI) Office Department of Homeland Security Transportation Security Administration Office of Intelligence TSA-10, HQ, E11-122S 601 South 12th Street Arlington , VA 20598-6011 Phone: 571 227-5122 E-Mail: ssi@dhs.gov Agency Contact: 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: 571 227-3236FAX: 571 227-1362 E-Mail: thomas.philson@dhs.gov Agency Contact: John Vergelli Attorney, Regulations and Security Standards Division Department of Homeland Security Transportation Security Administration DHS, TSA, Office of the Chief Counsel TSA-2, HQ, E12-309N 601 South 12th Street Arlington , VA 20598-6002 Phone: 571 227-4416 FAX: 571 227-1378 E-Mail: john.vergelli@dhs.gov

Department of Homeland Security (DHS) Transportation Security Administration ( TSA ) RIN: 1652-AA11

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Title: Criminal History Records Checks (CHRC) Abstract: The Transportation Security Administration (TSA) will consolidate all requirements which relate to criminal history record checks (CHRC) in another rulemaking action; RIN 1652-AA61, Standardized Vetting, Adjudication, and Redress Services. On December 6, 2001, the Federal Aviation Administration (FAA) published a final rule that required each airport operator and aircraft operator that had adopted a security program under 14 CFR parts 107 or 108 to conduct fingerprint-based CHRCs for individuals, if they had not already undergone CHRCs. The rule applied to those who either have, or apply for unescorted access authority to the Security Identification Display Area (SIDA) of an airport; authority to authorize others to have unescorted access; and screening functions. The FAA determined the rule was needed because the then current employment investigation method was not adequate and to ensure that individuals in these positions did not have disqualifying criminal offenses. Rules governing civil aviation security were transferred from the FAA to the Transportation Security Administration (TSA). Parts 107 and 108 of title 14 of the Code of Federal Regulations (CFR) on Airport Security and Aircraft Operator Security, respectively, are now codified in 49 CFR parts 1540, 1542, and 1544.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: Undetermined Unfunded Mandates: Undetermined CFR Citation: 49 CFR 1540; 49 CFR 1542; 49 CFR 1544 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 49 USC 114; 49 USC 40113; 49 USC 44936 Legal Deadline: None

Timetable:
Action Date FR Cite
Next Action Undetermined Final Rule Effective 12/06/2001 Final Rule; Request for Comments 12/06/2001 66 FR 63474 Final Rule; Comment Period End 01/07/2002 Final Rule; Comment Period Reopened 01/25/2002 67 FR 3810 Final Rule; Reopened Comment Period End 03/11/2002

Additional Information: Transferred from RIN 2110-AA11

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined Small Entities Affected: Business Federalism: Undetermined Energy Affected: No Related RINs: Related to 2120-AH53; Related to 1652- AA09; Related to 1652-AA10; Related to 1652-AA61 Agency Contact: Thomas (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: 571 227-1362E-Mail: thomas.philson@dhs.gov Agency Contact: Christine Beyer Assistant Chief Counsel, Regulations and Security Standards Division Department of Homeland Security Transportation Security Administration Office of the Chief Counsel TSA-2, HQ, E12-336N 601 South 12th Street Arlington , VA 20598-6002 Phone: 571 227-2657 E-Mail: christine.beyer@dhs.gov Agency Contact: Hao-y Tran Froemling Program Manager, Maritime and Surface Credentialing Department of Homeland Security Transportation Security Administration Office of Transportation Threat Assessment and Credentialing TSA-19, HQ, E3-401N 601 South 12th Street Arlington , VA 20598-6019 Phone: 571 227-2782 E-Mail: hao-y.froemling@dhs.gov

Department of Homeland Security (DHS) Transportation Security Administration ( TSA ) RIN: 1652-AA16

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Title: Transportation of Explosives From Canada to the United States Via Commercial Motor Vehicle and Railroad Carrier Abstract: This Interim Final Rule (IFR), published by the Transportation Security Administration (TSA) on February 6, 2003, addressed security issues regarding transportation of explosives by commercial motor vehicles and railroads. It established requirements applicable to all motor carriers, motor private carriers, and railroad carriers not using U.S. citizens or lawful permanent aliens as drivers or railroad crews licensed in Canada to transport explosives to the United States. In August 2006, TSA issued an IFR superseding this February 2003 IFR as it relates to motor carriers (See RIN No. 1652-AA50). This was further amended by the Transportation Worker Identification Credential (TWIC) final rule, issued January 25, 2007 (RIN No. 1652-AA41). In the future, TSA plans to issue a rulemaking action for the rail sector.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: Undetermined Unfunded Mandates: No CFR Citation: 49 CFR 1570; 49 CFR 1572 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 49 USC 114; 49 USC 5103 to 5103a; 49 USC 40113; 49 USC 46105 Legal Deadline: None

Timetable:
Action Date FR Cite
Next Action Undetermined Interim Final Rule Effective 02/03/2003 Interim Final Rule; Request for Comments 02/06/2003 68 FR 6083 Interim Final Rule; Comment Period End 03/10/2003

Additional Information: Transferred from RIN 2110-AA18

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No Energy Affected: No Related RINs: Related to 1652-AA41; Related to 1652- AA50 Agency Contact: Thomas (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: 571 227-1362E-Mail: thomas.philson@dhs.gov Agency Contact: Christine Beyer Assistant Chief Counsel, Regulations and Security Standards Division Department of Homeland Security Transportation Security Administration Office of the Chief Counsel TSA-2, HQ, E12-336N 601 South 12th Street Arlington , VA 20598-6002 Phone: 571 227-2657 E-Mail: christine.beyer@dhs.gov

Department of Homeland Security (DHS) Transportation Security Administration ( TSA ) RIN: 1652-AA35

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Title: Flight Training for Aliens and Other Designated Individuals; Security Awareness Training for Flight School Employees Abstract: The Transportation Security Administration (TSA) will take final action on the September 20, 2004, interim final rule (IFR) by completing a regulatory analysis, amending the rule to incorporate the exemptions and interpretations, and responding to comments received. The IFR was published on September 20, 2004 (69 FR 56324). The IFR created a new part 1552, Flight Schools, in title 49 of the Code of Federal Regulations (CFR). This IFR applies to flight schools and to individuals who apply to obtain flight training. After comments were received, new exemptions and interpretations were issued. TSA also issued a notice on April 13, 2009, that prescribes requests from alien flight students undergoing recurrent training. TSA requires flight schools to notify TSA when aliens and other individuals designated by TSA apply for flight training or recurrent training. TSA has established standards relating to the security threat assessment process that TSA will conduct to determine whether such individuals are a threat to aviation or national security, and thus prohibited from receiving flight training. In addition, TSA has established a fee to cover a portion of the costs of the security threat assessments that TSA will perform under this rule. Finally, TSA has established standards on security awareness training for certain flight school employees. These requirements will help ensure that individuals who intend to use aircraft to perform terrorist attacks in the United States do not obtain flight training that would enable them to do so. These requirements will also improve security at flight schools.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 49 CFR 1552 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 6 USC 469(b); 49 USC 114; 49 USC 44939; 49 USC 46105 Legal Deadline: Requires Transportation Security Administration (TSA) to promulgate an interim final rule (IFR) implementing the requirements of section 612 of Vision 100—Century of Aviation Reauthorization Act (Pub. L. 108-176, Dec. 12, 2003; 117 Stat. 2490), including the fee provisions, not later than 60 days after the enactment of the Act.
Action Source Description Date

Other Statutory section 612 of Vision 100 requires TSA to issue an interim final rule within 60 days of enactment of Vision 100. 02/10/2004

Timetable:
Action Date FR Cite
Next Action Undetermined Interim Final Rule Effective 09/20/2004 Interim Final Rule; Request for Comments 09/20/2004 69 FR 56324 Interim Final Rule; Comment Period End 10/20/2004 Notice--Information Collection; 60-Day Renewal 11/26/2004 69 FR 68952 Notice--Information Collection; 30-Day Renewal 03/30/2005 70 FR 16298 Notice--Information Collection; 60-Day Renewal 06/06/2008 73 FR 32346 Notice--Information Collection; 30-Day Renewal 08/13/2008 73 FR 47203 Notice--Alien Flight Student Program Recurrent Training Fees 04/13/2009 74 FR 16880

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No Energy Affected: No Agency Contact: Chang Ellison Director, Alien Flight Training Program Department of Homeland Security Transportation Security AdministrationOffice of Threat Assessment and Credentialing TSA-19, HQ, E4 601 South 12th Street Arlington , VA 20598-6019 Phone: 571 227-3604 FAX: 571 227-1903 E-Mail: chang.ellison@dhs.gov Agency Contact: Thomas (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 E-Mail: thomas.philson@dhs.gov Agency Contact: Mai Dinh Assistant Chief Counsel, Regulations and Security Standards Division Department of Homeland Security Transportation Security Administration Office of the Chief Counsel TSA-2, HQ, E12-309N 601 South 12th Street Arlington , VA 20598-6002 Phone: 571 227-2725 FAX: 571 227-1378 E-Mail: mai.dinh@dhs.gov

Department of Homeland Security (DHS) Transportation Security Administration ( TSA ) RIN: 1652-AA43

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Title: Modification of the Aviation Security Infrastructure Fee (ASIF) (Market Share) Abstract: The Transportation Security Administration will propose a 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 developing a market share methodology and intends to seek public comments through issuance of a notice of proposed rulemaking.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: Undetermined Unfunded Mandates: Undetermined CFR Citation: 49 CFR 1511 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 49 USC 44901; 49 USC 44940 Legal Deadline: None

Timetable:
Action Date FR Cite
Next Action Undetermined 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

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No Federalism: No Energy Affected: No Related RINs: Related to 1652-AA00; Related to 1652- AA01Agency Contact: Michael Gambone Deputy Director, Office of Revenue Department of Homeland Security Transportation Security Administration Office of Finance and Administration TSA-14, HQ, W12-319 601 South 12th Street Arlington , VA 20598-6014 Phone: 571 227-1081 FAX: 571 227-2904 E-Mail: michael.gambone@dhs.gov Agency Contact: 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, E10-341N 601 South 12th Street Arlington , VA 20598-6028 Phone: 571 227-5474 FAX: 703 603-0302 E-Mail: nicholas.acheson@dhs.gov Agency Contact: Linda L. Kent Assistant Chief Counsel, Regulations and Security Standards Division Department of Homeland Security Transportation Security Administration Office of the Chief Counsel TSA-2, HQ, E12-126S 601 South 12th Street Arlington , VA 20598-6002 Phone: 571 227-2675 FAX: 571 227-1381 E-Mail: linda.kent@dhs.gov

Department of Homeland Security (DHS) Transportation Security Administration ( TSA ) RIN: 1652-AA49

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Title: Ronald Reagan Washington National Airport: Enhanced Security Procedures for Certain Operations Abstract: This Interim Final Rule (IFR), published by the Transportation Security Administration (TSA) on July 19, 2005, creates a new part 1562, subpart B, for General Aviation, in title 49 of the Code of Federal Regulations (CFR). This IFR restores access to Ronald Reagan Washington National Airport (DCA) infrastructures for certain aircraft operations, while maintaining the security of critical Federal Government and other assets in the Washington, DC, Metropolitan Area. From September 11, 2001, until the IFR became effective, general aviation aircraft operations had been prohibited at DCA. This rule applies to all passenger aircraft operations into or out of DCA, except foreign air carrier operations functioning under 49 CFR part 1546.101(a) or (b) and U.S. air carrier operations operating under a full security program required by 49 CFR part 1544. The rule establishes security procedures for aircraft operators and gateway airport operators, and security requirements relating to crewmembers, passengers, and armed security officers onboard aircraft operating to or from DCA.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 49 CFR 1520; 49 CFR 1540; 49 CFR 1562 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 46 USC 70102 to 70106; 46 USC 70117; 49 USC 114; 49 USC 5103; 49 USC 40113 and 40114; 49 USC 44901 to 44907; 49 USC 44913 and 44914; 49 USC 44916 to 44918; 49 USC 44935 and 44936; 49 USC 44942; 49 USC 46105 Legal Deadline: None

Timetable:
Action Date FR Cite
Next Action Undetermined Interim Final Rule; Request for Comments 07/19/2005 70 FR 41586 Interim Final Rule Effective 08/18/2005 Notice--Information Collection; Approval and 60-Day Renewal 08/26/2005 70 FR 50391 Interim Final Rule; Comment Period End 09/19/2005 Notice--Information Collection; 30-Day Renewal 10/26/2005 70 FR 61831 Notice--Information Collection; 60-Day Renewal 10/20/2008 73 FR 62304Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: Business; Organizations Federalism: No Energy Affected: No Related RINs: Related to 1652-AA08 Agency Contact: Dominick S. Caridi Director, 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: 571 227-2952 FAX: 703 603-0404 E-Mail: dominick.caridi@dhs.gov Agency Contact: Mai Dinh Assistant Chief Counsel, Regulations and Security Standards Division Department of Homeland Security Transportation Security Administration Office of the Chief Counsel TSA-2, HQ, E12-309N 601 South 12th Street Arlington , VA 20598-6002 Phone: 571 227-2725 FAX: 571 227-1378 E-Mail: mai.dinh@dhs.gov

Department of Homeland Security (DHS) Transportation Security Administration ( TSA ) RIN: 1652-AA50

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Title: Drivers Licensed by Canada or Mexico Transporting Hazardous Materials To and Within the United States Abstract: This Interim Final Rule (IFR), published by the Transportation Security Administration (TSA) on August 7, 2006, announced that a commercial motor vehicle driver licensed in Canada or Mexico who holds a Free and Secure Trade (FAST) program card may use that card as an acceptable credential to transport placarded amounts of hazardous materials or any quantity of a material listed as a select agent or toxin in 42 CFR part 73 within the United States. The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) requires that, as of August 10, 2006, commercial motor vehicle drivers licensed in Canada or Mexico who transport hazardous materials in the United States must undergo a background check similar to the one required of U.S.-licensed operators with a hazardous materials endorsement (HME) on a commercial drivers license (CDL). This rule announced TSA's determination that the background check required to obtain a credential under the FAST program meets the background check requirements of SAFETEA-LU. This interim rule also removed TSA's pre-existing 49 CFR 1572.201 procedures for commercial drivers licensed in Canada who transport explosives into the United States (See RIN 1652-AA16).

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 49 CFR 1572.201 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 49 USC 5103a(h) Legal Deadline: None

Timetable:
Action Date FR Cite
Next Action Undetermined Interim Final Rule, Part VI 08/07/2006 71 FR 44874 Interim Final Rule Effective 08/10/2006 Interim Final Rule; Comment Period End 10/06/2006

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: No Federalism: No Energy Affected: No Related RINs: Related to 1652-AA16Agency Contact: 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 E-Mail: thomas.philson@dhs.gov Agency Contact: Traci Klemm Attorney, Regulations and Security Standards Division Department of Homeland Security Transportation Security Administration Office of the Chief Counsel TSA-2, E12-335N 601 South 12th Street Arlington , VA 20598-6002 Phone: 571 227-3596 E-Mail: traci.klemm@dhs.gov

Department of Homeland Security (DHS) Transportation Security Administration ( TSA ) RIN: 1652-AA56

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Title: Public Transportation and Passenger Railroads--Vulnerability Assessment and Security Plan Abstract: The Transportation Security Administration (TSA) will propose new regulations to enhance security in public transportation and passenger railroad operations in accordance with sections 1405 and 1512 of the Implementing Recommendations of the 9/11 Commission Act of 2007. This rulemaking will propose general requirements to require public transportation agencies that the Secretary of the Department of Homeland Security (DHS) has determined are at high risk for terrorism to develop comprehensive security plans. Technical assistance and guidance will be provided to these agencies in preparing and implementing the security plans.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: Undetermined Unfunded Mandates: Undetermined CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 49 USC 114; PL 110-53, secs 1405 and 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 passenger railroads is due no later than 12 months after the date of enactment of the Act. There is no legal deadline for public transportation agencies.
Action Source Description Date

Other Statutory Rule for passenger railroads is due no later than 12 months after date of enactment. 08/03/2008

Timetable:
Action Date FR Cite
NPRM 00/00/0000

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined Energy Affected: No Agency Contact: Morvarid Zolghadr Branch Chief, Policy and Plans, Mass Transit and Passenger Rail Security Department of Homeland Security Transportation Security Administration Office of Transportation Sector Network Management TSA-28, E10-113S 601 South 12th Street Arlington , VA 20598-6028 Phone: 571 227-2957 FAX: 571 227-0729 E-Mail: morvarid.zolghadr@dhs.gov Agency Contact: Betsy Campos Economist, Regulatory Development and Economic AnalysisDepartment of Homeland Security Transportation Security Administration Office of Transportation Sector Network Management TSA-28, HQ, E10-342N 601 South 12th Street Arlington , VA 20598-6028 Phone: 571 227-4662 FAX: 571 227-1362 E-Mail: betsy.campos@dhs.gov Agency Contact: David Kasminoff Sr. Counsel, Regulations and Security Standards Division Department of Homeland Security Transportation Security Administration Office of the Chief Counsel TSA-2, HQ, E12-310N 601 South 12th Street Arlington , VA 20598-6002 Phone: 571 227-3583 FAX: 571 227-1378 E-Mail: david.kasminoff@dhs.gov

Department of Homeland Security (DHS) Transportation Security Administration ( TSA ) RIN: 1652-AA58

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Title: Freight Railroads--Vulnerability Assessment and Security Plan Abstract: The Transportation Security Administration (TSA) will add new regulations to improve the security of freight rail transportation in accordance with the Implementing Recommendations of the 9/11 Commission Act of 2007.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: Undetermined Unfunded Mandates: Undetermined CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 49 USC 114; PL 110-53, sec 1512 Legal Deadline: According to section 1512 of Public Law 110-53, Implementing Recommendations of the 9/11 Commission Act of 2007 (Aug. 3, 2007; 121 Stat. 266), TSA must issue a regulation no later than 12 months after date of enactment of this Act.
Action Source Description Date Other Statutory Rule due 12 months after date of enactment. 08/03/2008

Timetable:
Action Date FR Cite
NPRM 00/00/0000

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined Energy Affected: No Agency Contact: Scott Gorton Policy and Plans Branch Chief for Freight Rail Department of Homeland Security Transportation Security Administration Office of Transportation Sector Network Management TSA-28, HQ, E10-423N 601 South 12th Street Arlington , VA 20598-6028 Phone: 571 227-1251 FAX: 571 227-2930 E-Mail: scott.gorton@dhs.gov Agency Contact: Betsy Campos Economist, Regulatory Development and Economic Analysis Department of Homeland Security Transportation Security Administration Office of Transportation Sector Network Management TSA-28, HQ, E10-342N 601 South 12th Street Arlington , VA 20598-6028 Phone: 571 227-4662 FAX: 571 227-1362E-Mail: betsy.campos@dhs.gov Agency Contact: David Kasminoff Sr. Counsel, Regulations and Security Standards Division Department of Homeland Security Transportation Security Administration Office of the Chief Counsel TSA-2, HQ, E12-310N 601 South 12th Street Arlington , VA 20598-6002 Phone: 571 227-3583 FAX: 571 227-1378 E-Mail: david.kasminoff@dhs.gov

Department of Homeland Security (DHS) Transportation Security Administration ( TSA ) RIN: 1652-AA60

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Title: Over-the-Road Buses--Vulnerability Assessment and Security Plan Abstract: The Transportation Security Administration (TSA) will add new regulations to improve the security of over-the-road bus operators in accordance with section 1531 of the Implementing Recommendations of the 9/11 Commission Act of 2007.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: Undetermined Unfunded Mandates: Undetermined CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 49 USC 114; PL 110-53, sec 1531 Legal Deadline: According to section 1531 of Public Law 110-53, Implementing Recommendations of the 9/11 Commission Act of 2007 (Aug. 3, 2007; 121 Stat. 266), TSA must issue a regulation no later than 18 months after date of enactment (Feb. 3, 2009) of this Act.
Action Source Description Date

Other Statutory section 1531 directs TSA to issue a regulation no later than 18 months after date of enactment. 02/03/2009

Timetable:
Action Date FR Cite
NPRM 00/00/0000

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined Energy Affected: Undetermined Agency Contact: Paul Pitzer Policy and Planning Branch Chief; Highway and Motor Carrier Programs Department of Homeland Security Transportation Security Administration Office of Transportation Sector Network Management TSA-28, HQ, E 601 South 12th Street Arlington , VA 20598-6028 Phone: 571 227-1233 E-Mail: paul.pitzer@dhs.gov Agency Contact: Betsy Campos Economist, Regulatory Development and Economic Analysis Department of Homeland Security Transportation Security Administration Office of Transportation Sector Network Management TSA-28, HQ, E10-342N 601 South 12th Street Arlington , VA 20598-6028 Phone: 571 227-4662 FAX: 571 227-1362 E-Mail: betsy.campos@dhs.gov Agency Contact: Traci Klemm Attorney, Regulations and Security Standards Division Department of Homeland Security Transportation Security Administration Office of the Chief Counsel TSA-2, E12-335N 601 South 12th StreetArlington , VA 20598-6002 Phone: 571 227-3596 E-Mail: traci.klemm@dhs.gov

Department of Homeland Security (DHS) Transportation Security Administration ( TSA ) RIN: 1652-AA66

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Title: Reporting of Security Issues Abstract: The Transportation Security Administration (TSA) proposed to add new procedures by which members of the public could report to TSA a problem, deficiency, or vulnerability regarding transportation security, including the security of aviation, maritime, railroad, motor carrier vehicle, or pipeline transportation, or any mode of public transportation, such as mass transit, in accordance with the Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11 Act). See Public Law 110-53 sections 1413(i), 1521(i) (codified at 49 U.S.C. 20109(j)), and 1536(i) (codified at 49 U.S.C. 31105(i)).

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 49 CFR 1503 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 6 USC 1142; 18 USC 6002; 28 USC 2461 (note); 49 USC 114; 49 USC 20109; 49 USC 31105; 49 USC 40113; 49 USC 40114 Legal Deadline: None

Timetable:
Action Date FR Cite
Final Rule 00/00/0000
NPRM 08/26/2009 74 FR 43088 NPRM Comment Period End 10/26/2009

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Related RINs: Split From 1652-AA62 Agency Contact: 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, E10-341N 601 South 12th Street Arlington , VA 20598-6028 Phone: 571 227-5474 FAX: 703 603-0302 E-Mail: nicholas.acheson@dhs.gov Agency Contact: Mardi Ruth Thompson Deputy Chief Counsel for Regulations and Security Standards Department of Homeland Security Transportation Security Administration Office of the Chief Counsel TSA-2, HQ, E12-319N 601 South 12th Street Arlington , VA 20598-6002 Phone: 571 227-2728 FAX: 571 227-1379 E-Mail: mardi.thompson@dhs.gov

Department of Homeland Security (DHS) Transportation Security Administration ( TSA ) RIN: 1652-AA62

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Title: Revision of Enforcement Procedures Abstract: On July 21, 2009, the Transportation Security Administration (TSA) published a final rule (74 FR 36030) amendingits Investigative and Enforcement Procedures to conform to the Implementing Recommendations of the 9/11 Commission Act of 2007 (Pub. L. 110-53, 121 Stat. 266, 390, Aug. 3, 2007). The rule established procedures by which TSA may issue civil monetary penalties for violations of any statutory requirement administered by TSA, including surface transportation requirements and Transportation Worker Identification Credentials requirements. The rule also adjusted maximum civil penalties in accordance with Federal Civil Penalty Inflation Adjustment Act of 1990 (Pub. L. 101-410, 28 U.S.C. 2461 note) and clarified and reorganized TSA's investigative and enforcement procedures. TSA will issue a final rule responding to public comments.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 49 CFR 1503 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 49 USC 114; PL 110-53, secs 1302, 1304, 1413, 1415, 1521, 1536 Legal Deadline: None

Timetable:
Action Date FR Cite Final Rule; Request for Comments 07/21/2009 74 FR 36030 Final Rule Effective 08/20/2009 Final Rule Comment Period End 09/21/2009 Final Rule; Response to Comments 09/24/2010 75 FR 58331

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Related RINs: Related to 1652-AA66 Agency Contact: 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, E10-341N 601 South 12th Street Arlington , VA 20598-6028 Phone: 571 227-5474 FAX: 703 603-0302 E-Mail: nicholas.acheson@dhs.gov Agency Contact: Mardi Ruth Thompson Deputy Chief Counsel for Regulations and Security Standards Department of Homeland Security Transportation Security Administration Office of the Chief Counsel TSA-2, HQ, E12-319N 601 South 12th Street Arlington , VA 20598-6002 Phone: 571 227-2728 FAX: 571 227-1379 E-Mail: mardi.thompson@dhs.gov

Department of Homeland Security (DHS) U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA43

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Title: Amendment of Regulations for F and M Students in Flight Training and for Schools Certified by DHS To Enroll F and/or M Students in Flight Training Abstract: This regulation will ensure that, in the interest of national security, DHS provides efficient and effective oversight for flight training programs. This regulation will also reflect differences between flight programs and promote flight safety by expanding practical training opportunities for international flight students.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 8 CFR 214; 22 CFR 62 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Not Yet Determined Legal Deadline: NoneTimetable:
Action Date FR Cite
NPRM 06/00/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal

Small Entities Affected: Business Federalism: No Agency Contact: Sharon Snyder Acting Branch Chief, SEVP Policy, Student and Exchange Visitor Program Department of Homeland Security U.S. Immigration and Customs Enforcement Potomac Center North 500 12th Street SW. Washington , DC 20024-6121 Phone: 703 603-3415

Department of Homeland Security (DHS) U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA44

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Title: Clarification of Eligibility Criteria for F and M Students and for Schools Certified by the Student and Exchange Visitor Program To Enroll F and/or M Students Abstract: This proposed rule will clarify the criteria for nonimmigrant academic and/or professional and vocational students and exchange visitors (J status) to maintain nonimmigrant status. In addition, the regulation will clarify the criteria for the schools certified by the Student and Exchange Visitor Program (SEVP) to enroll students and to fulfill their associated recordkeeping, retention, and reporting requirements to SEVP in F or M classification. The regulation will also codify refinements in policy and procedures that have evolved since the last major regulatory update in 2002 and since the establishment of SEVP more than six years ago, and remove obsolete provisions in the regulations used before and during implementation of the Student and Exchange Visitor Information System (SEVIS). Finally, the regulation will incorporate language supporting a major reprogramming of SEVIS, known as SEVIS II.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 8 CFR 103; 8 CFR 214.3; 8 CFR 214.4 (To search for a specific CFR, visit the Code of Federal Regulations )

Legal Authority: 8 USC 1356(m); PL 107-56; PL 107-173 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 06/00/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No Related RINs: Related to 1653-AA42 Agency Contact: Sharon Snyder Acting Branch Chief, SEVP Policy, Student and Exchange Visitor Program Department of Homeland Security U.S. Immigration and Customs Enforcement Potomac Center North 500 12th Street SW. Washington , DC 20024-6121 Phone: 703 603-3415

Department of Homeland Security (DHS) U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA60

View Related DocumentsTitle: Continued Detention of Aliens Subject to Final Orders of Removal Abstract: This notice of proposed rulemaking (NPRM) is proposing to amend the Department of Homeland Security (DHS) regulatory provisions for custody determinations for aliens in immigration detention who are subject to an administratively final order of removal. The proposed amendment would add a paragraph to 8 CFR 241.4(g) providing that U.S. Immigration and Customs Enforcement (ICE) shall have a reasonable period of time to effectuate an alien's removal where the alien is not in immigration custody when the order of removal becomes administratively final. The proposed rule would also clarify the removal period time frame afforded to the agency following an alien's compliance with his or her obligations regarding removal subsequent to a period of obstruction or failure to cooperate. The rule proposes to make conforming changes to 241.13(b)(2). Lastly, the rule proposes to add a paragraph to 8 CFR 241.13(b)(3) to make clear that aliens certified by the Secretary under section 236A of the Immigration and Nationality Act, 8 U.S.C. 1226a, are not subject to the provisions of 8 CFR 241.13, in accordance with the separate detention standard provided under the Act.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: Undetermined Unfunded Mandates: No CFR Citation: 8 CFR 241 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1103; 8 USC 1223; 8 USC 1227; 8 USC 1231; 8 USC 1253 Legal Deadline: None

Regulatory Plan:
Statement of Need: The companion final rule will improve the post order custody review process in the final rule related to the Detention of Aliens Subject to Final Orders of Removal in light of the U.S. Supreme Court's decisions in Zadvydas v. Davis, 533 U.S. 678 (2001), Clark v. Martinez, 543 U.S. 371 (2005) and conforming changes as required by the enactment of the Homeland Security Act of 2002 (HSA). This notice of proposed rulemaking (NPRM) will propose to amend 8 CFR 241.1(g) to provide for a new 90-day removal period once an alien comes into compliance with his or her obligation to make timely application in good faith for travel or other documents and not conspire or act to prevent removal.

Legal Basis:

Alternatives:

Costs and Benefits: This proposed rule will clarify the regulatory provisions concerning the removal of aliens that are subject to an administratively final order of removal. DHS does not anticipate there will be cost impacts to the public as a result of the rule.

Risks:
Timetable:
Action Date FR Cite
NPRM 03/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Related RINs: Related to 1653-AA13 Agency Contact: Jason Johnsen Department of Homeland Security U.S. Immigration and Customs Enforcement 500 12th Street SW. Washington , DC 20024 Phone: 202 732-4245 E-Mail: jason.johnsen@dhs.gov

Department of Homeland Security (DHS) U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA13

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Title: Continued Detention of Aliens Subject to Final Orders of Removal Abstract: The U.S. Department of Homeland Security is finalizing, with amendments, the interim rule that was published on November 14, 2001, by the former Immigration and Naturalization Service (Service). The interim rule included procedures for conducting custody determinations in light of the U.S. Supreme Court's decision in Zadvydas v. Davis, 533 U.S. 678 (2001), which held that the detention period of certain aliens who are subject to a final administrative order of removal is limited under section 241(a)(6) of the Immigration and Nationality Act (Act) to the period reasonably necessary to effect their removal. The interim rule amended section 241.4 of title 8, Code of Federal Regulations (CFR), in addition to creating two new sections: 8CFR 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: Final Rule Major: No Unfunded Mandates: No CFR Citation: 8 CFR 241 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1103; 8 USC 1223; 8 USC 1227; 8 USC 1231; 8 USC 1253; ... Legal Deadline: None

Regulatory Plan:
Statement of Need: This rule will improve the post order custody review process in the final rule related to the Detention of Aliens Subject to Final Orders of Removal in light of the U.S. Supreme Court's decisions in Zadvydas v. Davis, 533 U.S. 678 (2001), Clark v. Martinez, 543 U.S. 371 (2005) and conforming changes as required by the enactment of the Homeland Security Act of 2002 (HSA). A companion notice of proposed rulemaking (NPRM) will propose to amend 8 CFR 241.1(g) to provide for a new 90-day removal period once an alien comes into compliance with his or her obligation to make timely application in good faith for travel or other documents and not conspire or act to prevent removal.

Legal Basis:

Alternatives:

Costs and Benefits: The changes are administrative and procedural in nature, and will not result in cost impacts to the public. The benefits of making these changes to the regulations will allow for expedited review of the post-order custody review process.

Risks:
Timetable:
Action Date FR Cite
Interim Final Rule 11/14/2001 66 FR 56967 Interim Final Rule Comment Period End 01/14/2002
Final Action 03/00/2011

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: Jason Johnsen Department of Homeland Security U.S. Immigration and Customs Enforcement 500 12th Street SW. Washington , DC 20024 Phone: 202 732-4245 E-Mail: jason.johnsen@dhs.gov

Department of Homeland Security (DHS) U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA56

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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 aU.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: Final Rule Major: Undetermined Unfunded Mandates: No CFR Citation: 8 CFR 214 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1101 to 1103; 8 USC 1182; 8 USC 1184 to 1187; 8 USC 1221; 8 USC 1281 and 1282; 8 USC 1301 to 1305 Legal Deadline: None

Regulatory Plan:
Statement of Need: ICE will improve SEVP processes by publishing the Final Optional Practical Training (OPT) rule, which will respond to comments on the OPT interim final rule (IFR). The IFR increased the maximum period of OPT from 12 months to 29 months for nonimmigrant students who have completed a science, technology, engineering, or mathematics (STEM) degree and who accept employment with employers who participate in the U.S. Citizenship and Immigration Services' (USCIS') E-Verify employment verification program.

Legal Basis:

Alternatives: DHS is considering several alternatives to the 17-month extension of OPT and cap-gap extension, ranging from taking no action to further extension for a larger populace. The interim final rule addressed an immediate competitive disadvantage faced by U.S. industries and ameliorated some of the adverse impacts on the U.S. economy. DHS continues to evaluate both quantitative and qualitative alternatives.

Costs and Benefits: Based on an estimated 12,000 students per year that will receive an OPT extension and an estimated 5,300 employers that will need to enroll in E-verify, DHS projects that this rule will cost students approximately $1.49million per year in additional information collection burdens, $4,080,000 in fees, and cost employers $1,240,000 to enroll in EVerify and $168,540 per year thereafter to verify the status of new hires. However, this rule will increase the availability of qualified workers in science, technology, engineering, and mathematical fields; reduce delays that place U.S. employers at a disadvantage when recruiting foreign job candidates, thereby improving strategic and resource planning capabilities; increase the quality of life for participating students, and increase the integrity of the student visa program.

Risks:
Timetable:
Action Date FR Cite
Interim Final Rule 04/08/2008 73 FR 18944 Interim Final Rule Comment Period End 06/09/2008
Final Rule 03/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No RIN Information URL: www.dhs.gov/sevis/ Agency Contact: Sharon Snyder Acting Branch Chief, SEVP Policy, Student and Exchange Visitor Program Department of Homeland Security U.S. Immigration and Customs Enforcement Potomac Center North 500 12th Street SW. Washington , DC 20024-6121 Phone: 703 603-3415

Department of Homeland Security (DHS) U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA05

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Title: Requiring Aliens Ordered Removed From the United States To Surrender to the Department of Homeland Security forRemoval Abstract: This rule amends the regulations of the Department of Homeland Security to establish that an alien who becomes subject to an administratively final order of removal, deportation, or exclusion has an affirmative duty to surrender to U.S. Immigration and Customs Enforcement (ICE). An alien generally must meet his or her surrender obligations within 45 days of the date the order becomes final. In addition, an obligor of a bonded alien has a duty to ensure that such alien meets his or her surrender obligations under this rule. ICE will no longer send to aliens notices demanding their surrender. ICE also will no longer send to obligors notices demanding the delivery of bonded aliens. A bonded alien's failure to meet his or her surrender obligations pursuant to this rule constitutes a breach of the alien's bond.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 240.13 to 240.19 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1103; 8 USC 1231; 8 USC 1253 Legal Deadline: None

Timetable:
Action Date FR Cite
Next Action Undetermined
NPRM 09/04/1998 63 FR 47205 NPRM Comment Period End 11/03/1998 Supplemental NPRM 05/09/2002 67 FR 31157 Supplemental NPRM Comment Period End 06/10/2002

Additional Information: Transferred from RIN 1115-AE82

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Agency Contact: Dennis Mascarenas Department of Homeland Security U.S. Immigration and Customs Enforcement 500 12th Street SW. Washington , DC 20024 Phone: 202 732-5932 E-Mail: dennis.mascarenas@dhs.gov

Department of Homeland Security (DHS) U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA06

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Title: Early Release for Removal of Criminal Aliens in State Custody for Nonviolent Offenses Abstract: The final rule will establish an administrative process whereby criminal aliens in State custody convicted of nonviolent offenses may be removed prior to completion of their sentence of imprisonment. The rule will implement the authority contemplated by Congress to enhance the ability of the United States to remove criminal aliens.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 241 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1103; 8 USC 1223; 8 USC 1227; 8 USC 1251; 8 USC 1253; 8 USC 1255; 8 USC 1330; 8 CFR 2 Legal Deadline: None

Timetable:
Action Date FR Cite
Next Action Undetermined NPRM--INS No. 1848-97 07/12/1999 64 FR 37461 NPRM Comment Period End 09/10/1999

Additional Information: INS No.1848-97 Transferred from RIN 1115-AE83

Regulatory Flexibility Analysis Required: No Government Levels Affected: State; Federal Small Entities Affected: No Federalism: NoAgency Contact: Oliver Francisco Department of Homeland Security U.S. Immigration and Customs Enforcement 500 12th Street SW. Washington , DC 20025 Phone: 202 732-3537

Department of Homeland Security (DHS) U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA08

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Title: Power of Secretary of the Department of Homeland Security To Terminate Deportation Proceedings and Initiate Removal Proceedings Abstract: This rule proposes to implement section 309(c)(3) of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) by affording certain aliens rendered ineligible for relief from deportation in the law the opportunity to have their deportation proceedings terminated and removal proceedings initiated in order to apply for relief. Certain permanent resident aliens rendered ineligible for section 212(c) relief by the Antiterrorism and Effective Death Penalty Act and certain nonpermanent resident aliens rendered ineligible for suspension of deportation by the stop-time rule in IIRIRA may apply for "repapering" (as it is commonly known) under this rule. This process would not apply to aliens eligible for 212(c) relief pursuant to the procedures described in the Executive Office for Immigration Review rulemaking.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 239 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: PL 104-208 Legal Deadline: None

Timetable:
Action Date FR Cite
Next Action Undetermined
NPRM 11/30/2000 65 FR 71273 NPRM Comment Period End 01/29/2001

Additional Information: INS No. 2083-00 Transferred from RIN 1115-AF87

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Agency Contact: Jason Johnsen Department of Homeland Security U.S. Immigration and Customs Enforcement 500 12th Street SW. Washington , DC 20024 Phone: 202 732-4245 E-Mail: jason.johnsen@dhs.gov

Department of Homeland Security (DHS) U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA09

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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 ActionMajor: No Unfunded Mandates: No CFR Citation: 28 CFR 1100 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 552; 5 USC 552a; 8 USC 1101; 8 USC 1103 and 1104; 8 USC 1252; 22 USC 7101; 22 USC 7105; ... Legal Deadline:
Action Source Description Date

Other Statutory Statutory deadline for promulgation of regulations. 04/28/2001

Timetable:
Action Date FR Cite
Final Action 00/00/0000
Interim Final Rule 07/24/2001 66 FR 38514 Interim Final Rule Comment Period End 10/22/2001

Additional Information: INS No. 2133-01 Transferred from RIN 1115-AG20

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Jason Johnsen Department of Homeland Security U.S. Immigration and Customs Enforcement 500 12th Street SW. Washington , DC 20024 Phone: 202 732-4245 E-Mail: jason.johnsen@dhs.gov

Department of Homeland Security (DHS) U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA14

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Title: Custody Procedures Abstract: This rule amends Department regulations on the period of time after an alien's arrest within which the Department must make a determination whether the alien will be continued in custody or released on bond or recognizance and whether to issue a notice to appear and warrant of arrest. This rule provides that unless voluntary departure has been granted, DHS must make such determinations within 48 hours of arrest, except in the event of emergency or other extraordinary circumstance in which case the Department must make such determinations within an additional reasonable period of time.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 287 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1103; 8 USC 1182; 8 USC 1225 and 1226; 8 USC 1251; ... Legal Deadline: None

Timetable:
Action Date FR Cite
Next Action Undetermined Interim Final Rule Effective 09/17/2001 66 FR 48334
Interim Final Rule Published 09/20/2001 66 FR 48334 Interim Final Rule Comment Period End 11/19/2001

Additional Information: INS No 2171-01 Transferred from RIN 1115-AG40

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Agency Contact: Jason Johnsen Department of Homeland Security U.S. Immigration and Customs Enforcement 500 12th Street SW. Washington , DC 20024Phone: 202 732-4245 E-Mail: jason.johnsen@dhs.gov

Department of Homeland Security (DHS) U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA20

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Title: Technical Amendments Relating to Immigration Bonds Abstract: When DHS receives a cash bond, it is deposited into an account where interest is accumulated from the date the bond is posted to the date that the bond is paid out. If a cancelled cash bond is unclaimed after a year, the principal and any accumulated interest are transferred to the U.S. Department of the Treasury account entitled "Payments of Unclaimed Moneys of Individuals Whose Whereabouts are Unknown." This regulation concerns the computation of interest on cash bonds. It does not mention the Treasury Department requirement concerning the disposition of funds from unclaimed cash bonds. Since some cash bonds obligors have questioned the curtailment of interest a year after the bond is cancelled, we believe that this regulation should include language that clarifies the Department's requirement to comply with Treasury’s regulation.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 293 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1103; 31 USC 1322; 31 USC 9308 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 00/00/0000

Additional Information: INS No. 2258-03 Transferred from RIN 1115-AG97

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Agency Contact: Lori Genest Burlington Finance Center Department of Homeland Security U.S. Immigration and Customs Enforcement P.O. Box 5000 Williston , VT 05495 Phone: 802 288-7600

Department of Homeland Security (DHS) U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA29

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Title: Changes in Registration Policies and Monitoring of Certain Nonimmigrants Abstract: This rule amends DHS regulations for the registration and monitoring of certain nonimmigrant aliens. This rule amends existing regulations by suspending the 30-day and annual re-registration requirements for aliens who are subject to the National Security Entry-Exit Registration System (NSEERS) registration. Instead of requiring all aliens subject to NSEERS to appear for 30-day and/or annual registration interviews, DHS will utilize a more tailored system in which it will notify individual aliens of future registration requirements. This rule also eliminates the requirement for those nonimmigrant aliens subject to special registration who are also enrolled in the Student and Exchange Visitor Information System (SEVIS) to separately notify DHS of changes in educational institutions and addresses. Additionally, this rule clarifies how nonimmigrant aliens may apply for relief from special registration requirements and clarifies that certain alien crewmen are not subject to the departure requirements. Finally, certain conforming amendments have been made to existing regulations to reflect that the former Immigration and Naturalization Service has been abolished and its functions transferred from the Department of Justice to DHS, under the Homeland Security Act of 2002 (HSA), Public Law 107-296.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: NoCFR Citation: 8 CFR 264 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1184 and 1185; 8 USC 1302; 8 USC 1303; 8 USC 1305 Legal Deadline: None

Timetable:
Action Date FR Cite
Final Action 00/00/0000
Interim Final Rule 12/02/2003 68 FR 67578 Interim Final Rule Comment Period End 02/02/2004

Additional Information: ICE No. 2301-03

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Agency Contact: Jason Johnsen Department of Homeland Security U.S. Immigration and Customs Enforcement 500 12th Street SW. Washington , DC 20024 Phone: 202 732-4245 E-Mail: jason.johnsen@dhs.gov

Department of Homeland Security (DHS) U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA30

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Title: Extending the Period of Duration of Status for Certain F and J Nonimmigrant Aliens Abstract: This interim rule amended DHS regulations to provide that the Secretary may publish a notice to extend the duration of status, under specified conditions, of certain F-1 and J-1 nonimmigrant aliens who may be affected adversely because the numerical limit (cap) on H-1B nonimmigrant aliens has been reached prior to the end of a given fiscal year. This rule was a necessary stopgap measure because of a large number of F-1 and J-1 nonimmigrant aliens seeking a change of nonimmigrant status to that of H-1B after completion of their studies or their program. However, many of these aliens were unable to change their nonimmigrant status for the remainder of a given fiscal year because of the cap on H-1B petitions. This rule allows such aliens to avoid a lapse in their status because of a circumstance that is not under their control.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 214 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1182; 8 USC 1184; 8 USC 1186; ... Legal Deadline: None

Timetable:
Action Date FR Cite
Next Action Undetermined
Interim Final Rule 06/15/1999 64 FR 32146 Interim Final Rule Comment Period End 08/16/1999

Additional Information: CIS No. 1992-99 Transferred from RIN 1615-AA27

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Related RINs: Previously Reported as 1115-AF54 Agency Contact: Sharon Snyder Acting Branch Chief, SEVP Policy, Student and Exchange Visitor Program Department of Homeland Security U.S. Immigration and Customs Enforcement Potomac Center North 500 12th Street SW. Washington , DC 20024-6121 Phone: 703 603-3415Department of Homeland Security (DHS) U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA31

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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

Timetable:
Action Date FR Cite
Final Action 00/00/0000
Interim Final Rule Effective 09/25/2002
Interim Final Rule 09/25/2002 67 FR 60107 Interim Final Rule Comment Period End 11/25/2002

Additional Information: CIS No. 2217-02 Transferred from RIN 1615-AA77

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Related RINs: Previously Reported as 1115-AG71 Agency Contact: Sharon Snyder Acting Branch Chief, SEVP Policy, Student and Exchange Visitor Program Department of Homeland Security U.S. Immigration and Customs Enforcement Potomac Center North 500 12th Street SW. Washington , DC 20024-6121 Phone: 703 603-3415

Department of Homeland Security (DHS) U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA45

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Title: Strengthening Control Over Immigration Surety Bonds Abstract: The Department continues to experience problems collecting the funds for breached surety bonds. Several surety companies and/or their bonding agents continue to circumvent administrative remedies to address immigration surety bond claims sent out by the Department and have evaded the judicial review process. This rule proposes to strengthen the Department's control over the collection of immigration surety bonds by improving current DHS procedures and by providing the Department with stronger enforcement measures. Specifically, this rule will require surety companies and bonding agents to exhaust administrative remedies by using the Department's appeal procedures, as a prerequisite to challenging the Department's actions under the Administrative Procedure Act, before seeking judicial review of DHS actions. Also, this rule limits the exposure of the Department in cases when bonding agents have acted improperly or when authorities have been denied by their corporate principals and encourages surety companies and bonding agents to respond early if there are any issues or disputes with the Department's claim. Further, the rule formalizes DHS' reporting requirements to the Department of Treasuryand provides notification to the Treasury of high-dollar volume of unpaid debt over 90 days old. Lastly, the rule adds an enforcement measure to suspend acceptance of surety bonds from bonding agents and/or surety companies that have large unpaid balances or who do not otherwise respond to DHS invoices. This rule is necessary to ensure that the Department receives funds owed by the surety companies.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: Undetermined Unfunded Mandates: No CFR Citation: 8 CFR 103 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1103; 8 USC 1356; 31 USC 9701; 31 USC 9305; PL 104-208 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 00/00/0000

Additional Information: Prior RIN 1653-AA16 was withdrawn in Spring 2004 Agenda

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Agency Contact: Lori Genest Burlington Finance Center Department of Homeland Security U.S. Immigration and Customs Enforcement P.O. Box 5000 Williston , VT 05495 Phone: 802 288-7600

Department of Homeland Security (DHS) U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA61

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Title: Authorizing Suspension of Employment Authorization Requirements on the Basis of Severe Economic Hardship for F-1 Students and Emergent Circumstances Abstract: This rule amended DHS regulations applying to on-campus employment, off-campus employment authorization, and duration of status for nonimmigrant F-1 students. The rule permits the Secretary to suspend some or all of the requirements for on-campus or off-campus employment where emergent circumstances exist as provided through notice in the Federal Register. The rule also amends the regulations to provide that an F-1 student who carries less than a full course of study as a result of this special employment authorization will be deemed to be maintaining status for the duration of the authorization, as long as the student carries a minimum course load of 6 credit hours if the student is an undergraduate, or 3 credit hours if the student is in graduate school.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: Undetermined Unfunded Mandates: No CFR Citation: 8 CFR 214 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1182; 8 USC 1186a; 8 USC 1187; 8 USC 1221; 8 USC 1281 and 1282 Legal Deadline: None

Timetable:
Action Date FR Cite
Final Action 00/00/0000
Interim Final Rule 06/10/1998 63 FR 31871 Interim Final Rule Comment Period End 08/10/1998

Additional Information: INS No. 1914-98 (Employment Authorization for Certain F-1 Nonimmigrant Students Whose Means of Financial Support Comes from Indonesia, South Korea, Malaysia, Thailand, or the Philippines). Transferred from RIN 1615-AA99 Transferred from RIN 1615-AB44

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: No Federalism: UndeterminedRelated RINs: Previously Reported as 1615- AB44; Previously Reported as 1115-AF15 Agency Contact: Jason Johnsen Department of Homeland Security U.S. Immigration and Customs Enforcement 500 12th Street SW. Washington , DC 20024 Phone: 202 732-4245 E-Mail: jason.johnsen@dhs.gov

Department of Homeland Security (DHS) U.S. Immigration and Customs Enforcement ( USICE ) RIN: 1653-AA47

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Title: Electronic Signature and Storage of Form I-9, Employment Eligibility Verification Abstract: Department of Homeland Security (DHS) regulations provide that employers and recruiters or referrers for a fee required to complete and retain Forms I-9, Employment Eligibility Verification, may sign and retain these forms electronically, generally following existing tax records standards. This final rule amended the regulations to accommodate several concerns expressed in the comments regarding execution and retention of Form I-9.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 274a (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1324a; 8 CFR 2 Legal Deadline: None

Timetable:
Action Date FR Cite Interim Final Rule Effective 06/15/2006
Interim Final Rule 06/15/2006 71 FR 34510 Interim Final Rule Comment Period End 08/14/2006
Final Rule 07/22/2010 75 FR 42575 Final Rule Effective 08/23/2010

Additional Information: ICE 2345-05

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Federalism: No Energy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: Allan Vanscoy Department of Homeland Security U.S. Immigration and Customs Enforcement 500 12th Street SW. Washington , DC 20025 Phone: 202 732-5798

Department of Homeland Security (DHS) Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA21

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Title: Management Costs Abstract: Section 324 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) requires FEMA to promulgate regulations establishing management cost rates for grantees and subgrantees. Management cost rates are used to determine the maximum amount of funds provided to grantees and subgrantees to reimburse the indirect costs, administrative expenses, and other expenses not directly chargeable to a specific project incurred by the grantees and subgrantees in the management and administration of Stafford Act grants. FEMA established management cost rates and procedures in a 2007 interim final rule. As a result of public comments, FEMA will propose substantive revisions to the rate structure, the ratesthemselves, the application process, and the programs to which the rule applies.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 44 CFR 206; 44 CFR 207 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 5165(b) Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 08/30/2002 67 FR 56130 NPRM Comment Period End 09/30/2002
Interim Final Rule 10/11/2007 72 FR 57869 Interim Final Rule Comment Period End 11/13/2007
Interim Final Rule Effective 11/13/2007 Reopening Comment Period 08/29/2008 73 FR 50881 Reopening Comment Period End 09/29/2008 Notice of Meeting and Reopening Comment Period 11/24/2008 73 FR 70894 Reopening Comment Period End 12/11/2008
NPRM 04/00/2011

Additional Information: Transferred from RIN 3067-AD29; Docket ID FEMA-2006-0035

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State; Tribal Small Entities Affected: Governmental Jurisdictions Federalism: No Energy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: Tod Wells Recovery Directorate Department of Homeland Security Federal Emergency Management Agency 500 C Street SW. Washington , DC 20472-3100 Phone: 202 646-3936 FAX: 202 646-3363 E-Mail: tod.wells@dhs.gov Agency Contact: Mark Misczak Recovery Directorate Department of Homeland Security Federal Emergency Management Agency 500 C Street SW. Washington , DC 20472-3100 Phone: 202 212-1000 FAX: 202 212-1005 E-Mail: fema-ia-regulations@dhs.gov Agency Contact: James A. Walke Recovery Directorate Department of Homeland Security Federal Emergency Management Agency 500 C Street SW. Washington , DC 20472-3030 Phone: 202 646-2751 FAX: 202 646-3074 E-Mail: james.walke@dhs.gov

Department of Homeland Security (DHS) Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA30

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Title: National Flood Insurance Program; Standard Flood Insurance Policy; Expansion of Increased Cost of Compliance (ICC)Coverage and Prospective Payment of Flood Insurance Premiums Abstract: This rule proposes to amend the National Flood Insurance Program regulations to incorporate the statutory changes in the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 (PL 108-264). Specifically, this rule would address sections 105 (Amendments to Additional Coverage for Compliance With Land Use and Control Measures) and 209 (Prospective Payment of Flood Insurance Premiums). Section 105 authorizes the extension of Increased Cost of Compliance coverage, which currently applies when a community is enforcing its substantial damage or cumulative substantial damage ordinance, to also include those properties for which an offer of mitigation assistance is made under a variety of FEMA-funded mitigation programs. Section 209 directs that if a policyholder is determined to be paying a lower premium than is required due to an error in the floodplain determination, the higher premium may only be charged prospectively.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 44 CFR 61 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 4011(b)(4); 42 USC 4015(f); 42 USC 4121(a) Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 05/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Thomas Hayes Federal Insurance and Mitigation Administration Department of Homeland Security Federal Emergency Management Agency 1800 South Bell Street Arlington , VA 20598-3020 Phone: 202 646-3419 FAX: 202 646-7970 E-Mail: thomas.hayes@dhs.gov

Department of Homeland Security (DHS) Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA48

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Title: National Flood Insurance Program (NFIP); Assistance to Private Sector Property Insurers; Compensation for FIRA Implementation Abstract: The Federal Emergency Management Agency (FEMA) proposes to amend its regulations regarding the FEMA, Federal Insurance Administration, Financial Assistance/Subsidy Arrangement (Arrangement). The Arrangement is between the Write-Your Own (WYO) Companies and FEMA. The Arrangement defines the duties and responsibilities of insurers that sell and service flood insurance under the WYO Program. The Arrangement also identifies the financial and technical assistance FEMA will provide to these insurers. FEMA proposes to amend the Arrangement to increase the amount of compensation to the WYO Companies in recognition of additional expenses incurred by the WYO Companies in implementing the requirements of the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 44 CFR 62 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 4011 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 02/00/2011

Additional Information: Docket ID FEMA-2007-0002Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal

Federalism: No Energy Affected: No Agency Contact: Edward L. Connor Federal Insurance and Mitigation Administration Department of Homeland Security Federal Emergency Management Agency 1800 South Bell Street Arlington , VA 20598-3010 Phone: 202 646-3429 FAX: 202 646-7970 E-Mail: edward.connor@dhs.gov

Department of Homeland Security (DHS) Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA51

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

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 44 CFR 206 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 5121 to 5207 Legal Deadline: None

Regulatory Plan:
Statement of Need: The proposed changes implement new statutory authorities and incorporate necessary clarifications and corrections to streamline and improve the Public Assistance program. Portions of FEMA's Public Assistance regulations have become out of date and do not implement all of FEMA's available statutory authorities. The current regulations inhibit FEMA's ability to clearly articulate its regulatory requirements, and the Public Assistance applicants' understanding of the program. The proposed changes are intended to improve the efficiency and consistency of the Public Assistance program.

Legal Basis: The legal authority for the changes in this proposed rule is contained in the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 to 5207, as amended by the Post-Katrina Emergency Management Reform Act of 2006, 6 U.S.C. 701 et seq, the Security and Accountability For Every Port Act of 2006, 6 U.S.C. 901 note, the Local Community Recovery Act of 2006, Public Law 109-218, 120 Stat. 333, and the Pets Evacuation and Transportation Standards Act of 2006, Public Law 109-308, 120 Stat. 1725.

Alternatives: One alternative is to revise some of the current regulatory requirements (such as application deadlines) in addition to implementing the amendments made to the Stafford Act by (1) the Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA), Public Law 109-295, 120 Stat. 1394; 2) the Security and Accountability For Every Port Act of 2006 (SAFE Port Act), Public Law 109-347, 120 Stat. 1884; 3) the Local Community Recovery Act of 2006, Public Law 109-218, 120 Stat. 333; and 4) the Pets Evacuation and Transportation Standards Act of 2006 (PETS Act), Public Law 109-308, 120 Stat. 1725. Another alternative is to expand funding by expanding force account labor cost eligibility to Category A Projects (debris removal).

Costs and Benefits: The proposed rule is expected to have economic impacts on the public, grantees, subgrantees, and FEMA. The expected benefits are a reduction in property damages, societal losses, and losses to local businesses, as well as improved efficiency and consistency of the Public Assistance program. The total economic impact of the proposed rule is estimated to be approximately $50 million per year (in 2010 dollars). The primary economic impact of the proposed rule is theadditional transfer of funding from FEMA through the Public Assistance program to grantees and subgrantees that is effectuated by this rulemaking. The proposed rule will also incur additional administrative costs to grantees and FEMA, which is estimated to be approximately $230,000, and $20,000 per year, respectively. However, most of the proposed changes are not expected to result in any additional cost to FEMA or any changes in the eligibility of assistance.

Risks: This action does not adversely affect public health, safety, or the environment.
Timetable:
Action Date FR Cite
NPRM 04/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Federalism: Yes Energy Affected: No Agency Contact: Tod Wells Recovery Directorate Department of Homeland Security Federal Emergency Management Agency 500 C Street SW. Washington , DC 20472-3100 Phone: 202 646-3936 FAX: 202 646-3363 E-Mail: tod.wells@dhs.gov

Department of Homeland Security (DHS) Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA55

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Title: Employment of Personnel for Purposes of the Defense Production Act Abstract: This notice of proposed rulemaking would provide the procedures for Federal departments and agencies to employ persons with special qualifications to carry out the purposes of the Defense Production Act of 1950, as amended.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 44 CFR 328 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 50 USC app 2160 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 05/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: No Federalism: No Agency Contact: Larry Hall Office of Policy and Program Analysis Department of Homeland Security Federal Emergency Management Agency 500 C Street SW. Washington , DC 20472-3100 Phone: 202 646-3520 FAX: 202 646-3601 E-Mail: larry.hall@dhs.gov

Department of Homeland Security (DHS) Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA60View Related Documents

Title: Federal Emergency Management Agency Stafford Act Mission Assignments Abstract: If an emergency or major disaster is declared, FEMA may issue work orders known as Mission Assignments (MAs) to any other Federal agency directing that agency to complete a specified task, with or without reimbursement. The MA sets forth funding, other managerial controls and guidance. FEMA issues MAs to other Federal agencies to meet the urgent, immediate, or short-term needs of States or local governments unable to provide the resources needed to save lives, protect property, or preserve public health or safety during an emergency or major disaster or to avert the threat of an emergency or major disaster. One of the primary goals of this proposed rule is to improve the MA process and program at FEMA. In keeping with this, the rule revises the MA regulations (44 CFR 206.5, 206.7, and 206.8) to improve the standardization, efficiency, and effectiveness of the MA program. The proposed changes add to the regulations a description of the three types of MAs: Federal operations support, technical assistance, and direct Federal assistance mission assignments. The proposed changes also add provisions regarding the MA task order, reporting requirements, and time limitations. The rule implements two Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA) provisions: reimbursement for precautionary evacuations and durable medical equipment. Sections 681(a)(5) and (b)(1)(a) of PKEMRA amended the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) to explicitly state that precautionary evacuation is a response effort that may be mission assigned to another Federal agency or carried out directly by FEMA. FEMA proposes to revise 44 CFR 206.5(a) and (b) to include Federal agency assistance for precautionary evacuations through mission assignments. This proposed change is not intended to add to or otherwise change FEMA’s Public Assistance authorities. FEMA currently provides funding for the evacuation of people and pets as emergency protective measures to save lives as established in 44 CFR 206.225. An example of this was the evacuation of people from the Gulf Coast in the days before Hurricane Gustav. This proposed change is intended to revise the regulations to conform to the language of the Stafford Act and ensure that there is no confusion that precautionary evacuations by the State and local governments may be assisted by Federal agencies through MAs from FEMA and/or coordinated by FEMA after an emergency has been declared. Section 689(b)(1) of PKEMRA amended section 403(a)(2) of the Stafford Act to include durable medical equipment in the list of items that may be distributed by Federal agencies to address immediate threats to life and property resulting from a major disaster. To implement this new authority, FEMA proposes to revise the regulations to include the authority to direct any Federal agency to utilize its authorities and the resources granted to it under Federal law to distribute durable medical equipment.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 44 CFR 206.2; 44 CFR 206.5; 44 CFR 206.7; 44 CFR 206.8 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 5170a; 42 USC 5192 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 05/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: Governmental Jurisdictions Federalism: No Energy Affected: No Agency Contact: Lisa M. Maddry Response Directorate Department of Homeland Security Federal Emergency Management Agency 500 C Street SW. Washington , DC 20472-3100 Phone: 202 646-4656 FAX: 202 212-4439 E-Mail: lisa.maddry@dhs.gov

Department of Homeland Security (DHS) Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA68

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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, asamended (Stafford Act), the Federal Emergency Management Agency (FEMA) provides grants to individuals and households to repair or replace their homes after a Presidentially declared major disaster or emergency. FEMA proposes to revise its repair, replacement, and housing construction assistance regulations to clarify the eligibility criteria for assistance and implement changes to section 408 of the Stafford Act that were made by the Post-Katrina Emergency Management Reform Act of 2006.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 44 CFR 206 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 5174 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 01/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Mark Misczak Recovery Directorate Department of Homeland Security Federal Emergency Management Agency 500 C Street SW. Washington , DC 20472-3100 Phone: 202 212-1000 FAX: 202 212-1005 E-Mail: fema-ia-regulations@dhs.gov

Department of Homeland Security (DHS) Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA69

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Title: Technical and Conforming Amendments Reflecting Reorganization and Update of Nomenclature Abstract: This technical and conforming amendment will update title 44 of the CFR to reflect the reorganization of certain FEMA components, and will update the nomenclature that has been changed as a result of this reorganization. Minor corrections in titles for certain programs and positions will also be updated.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 44 CFR 1; 44 CFR 5-6; 44 CFR 8-12; 44 CFR 16; 44 CFR 59-68; 44 CFR 70; 44 CFR 73; 44 CFR 75; 44 CFR 150; 44 CFR 204; 44 CFR 206; 44 CFR 208; 44 CFR 295; 44 CFR 332; 44 CFR 350; 44 CFR 352-353; 44 CFR 362 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 552; 6 USC 311 et seq; EO 12127; Reorganization Plan No 3 of 1978; 5 USC app 1; EO 12148, as amended Legal Deadline: None

Timetable:
Action Date FR Cite
Final Action 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Liza Davis Deputy Associate Chief Counsel Department of Homeland Security Federal Emergency Management Agency Room 840, 500 C Street SW. Washington , DC 20472-3100Phone: 202 646-4046 FAX: 202 646-4536 E-Mail: liza.davis@dhs.gov

Department of Homeland Security (DHS) Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA02

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Title: Disaster Assistance; Hazard Mitigation Grant Program Abstract: This rule would revise the categories of projects eligible for funding under the Hazard Mitigation Grant Program. It emphasizes nonstructural flood mitigation measures to reduce the number of flood-prone structures and clarifies that major structural flood control projects will not be considered for funding under the grant program.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 44 CFR 206 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 5121 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
Final Action 00/00/0000
NPRM 05/01/1998 63 FR 24143 NPRM Comment Period End 07/01/1998

Additional Information: Transferred from RIN 3067-AC69

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State; Tribal Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Cecelia Rosenberg Federal Insurance and Mitigation Administration Department of Homeland Security Federal Emergency Management Agency 1800 South Bell Street Arlington , VA 20598-3030 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-AA07

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Title: National Urban Search and Rescue Response System Abstract: The interim final rule standardized the financing, administration, and operation of the US&R System, and standardized the relationships between DHS and "Sponsoring Agencies" of the US&R System--those State or local government agencies that agree to organize and administer a US&R Task Force.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 44 CFR 208 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 5121 et seq Legal Deadline: None

Timetable:Action Date FR Cite
Final Action 00/00/0000
NPRM 12/18/2002 67 FR 77627 NPRM Comment Period End 02/03/2003
Interim Final Rule Effective 02/24/2005
Interim Final Rule 02/24/2005 70 FR 9182 Interim Final Rule Comment Period End 04/11/2005

Additional Information: Transferred from RIN 3067-AC93; Legacy ID DHS-2004-0010; Docket ID FEMA-2004-0001

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State Small Entities Affected: Governmental Jurisdictions Federalism: No Energy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: Wanda Casey Response Directorate Department of Homeland Security Federal Emergency Management Agency 500 C Street SW. Washington , DC 20472-3100 Phone: 202 646-4013 FAX: 202 646-4684 E-Mail: wanda.casey@dhs.gov

Department of Homeland Security (DHS) Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA09

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Title: National Flood Insurance Program (NFIP); Insurance Coverage and Rates Abstract: This rule would apply full-risk premium rates under the NFIP to structures: 1) That have suffered multiple flood losses; and 2) whose owners decline an offer of funding to eliminate or reduce future flood damage.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 44 CFR 61 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 4001 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
Final Action 00/00/0000
NPRM 08/05/1999 64 FR 42632 NPRM Comment Period End 09/07/1999

Additional Information: Transferred from RIN 3067-AD02

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Thomas Hayes Federal Insurance and Mitigation Administration Department of Homeland Security Federal Emergency Management Agency 1800 South Bell Street Arlington , VA 20598-3020 Phone: 202 646-3419 FAX: 202 646-7970 E-Mail: thomas.hayes@dhs.govDepartment of Homeland Security (DHS) Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA18

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Title: Disaster Assistance; Federal Assistance to Individuals and Households Abstract: This rulemaking implements section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act. In doing so, the notice of proposed rulemaking would propose further revisions to 44 CFR part 206, subpart D (the Individuals and Households Program (IHP)) and remove subpart E (Individual and Family Grant Programs). Among other things, it would propose to implement section 689 of the Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA). It is related to individuals with disabilities pursuant to PKEMRA section 689; and it would propose to revise FEMA's regulations to allow for the payment of security deposits and the costs of utilities, excluding telephone service. The rule would propose to implement section 689f of PKEMRA by authorizing assistance to relocate individuals displaced from their predisaster primary residence, to and from alternate locations for short- or long-term accommodations.

Priority: Economically Significant Agenda Stage of Rulemaking: Long-term Action Major: Undetermined Unfunded Mandates: No CFR Citation: 44 CFR 206 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 5174 Legal Deadline:
Action Source Description Date

Other Statutory 10/15/2002

Timetable:
Action Date FR Cite
NPRM 00/00/0000
NPRM 01/23/2002 67 FR 3412 NPRM Comment Period End 03/11/2002
Interim Final Rule 09/30/2002 67 FR 61446 Corrections Effective 10/09/2002 Corrections 10/09/2002 67 FR 62896 Interim Final Rule Effective 10/15/2002 Interim Final Rule Comment Period End 04/15/2003

Additional Information: Transferred from RIN 3067-AD25; Docket ID FEMA-2008-0005

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov Agency Contact: Mark Misczak Recovery Directorate Department of Homeland Security Federal Emergency Management Agency 500 C Street SW. Washington , DC 20472-3100 Phone: 202 212-1000 FAX: 202 212-1005 E-Mail: fema-ia-regulations@dhs.gov

Department of Homeland Security (DHS) Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA22

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Title: National Flood Insurance Program (NFIP); Group Flood Insurance Policy (GFIP) Abstract: The interim final rule amended the Group Flood Insurance Policy, as a result of the consolidation of sections 408 and 411 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act by section 206 of the Disaster Mitigation Act of 2000.Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 44 CFR 61 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 4001 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
Final Action 00/00/0000
Interim Final Rule Effective 09/30/2002
Interim Final Rule 09/30/2002 67 FR 61460 Interim Final Rule Comment Period End 04/15/2003

Additional Information: Transferred from RIN 3067-AD31

Regulatory Flexibility Analysis Required: No Government Levels Affected: State Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Edward L. Connor Federal Insurance and Mitigation Administration Department of Homeland Security Federal Emergency Management Agency 1800 South Bell Street Arlington , VA 20598-3010 Phone: 202 646-3429 FAX: 202 646-7970 E-Mail: edward.connor@dhs.gov

Department of Homeland Security (DHS) Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA23

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Title: Disaster Assistance; Crisis Counseling Regular Program; Amendment to Regulation Abstract: The interim final rule allows the Assistant Administrator for the Disaster Assistance Directorate to extend the deadline for the Crisis Counseling Regular Program in limited circumstances.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 44 CFR 206 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 5121 to 5207 Legal Deadline: None

Timetable:
Action Date FR Cite
Final Action 00/00/0000 Applicability Date 09/11/2001
Interim Final Rule Effective 03/03/2003
Interim Final Rule 03/03/2003 68 FR 9899 Interim Final Rule Comment Period End 05/02/2003

Additional Information: Transferred from RIN 3067-AD32

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State; Tribal Small Entities Affected: Governmental Jurisdictions Federalism: No Energy Affected: No Agency Contact: Mark Misczak Recovery Directorate Department of Homeland SecurityFederal Emergency Management Agency 500 C Street SW. Washington , DC 20472-3100 Phone: 202 212-1000 FAX: 202 212-1005 E-Mail: fema-ia-regulations@dhs.gov

Department of Homeland Security (DHS) Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA28

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Title: National Flood Insurance Program (NFIP); Assistance to Private Sector Property Insurers Abstract: This rule amends the Financial Assistance/Subsidy Arrangement (the Arrangement) between FEMA and the private sector insurers that sell and service flood insurance. Among other things, the rule establishes when FEMA is responsible for litigation costs and when the insurers are responsible, and clarifies issues of jurisdiction and choice of law when the insurers are sued.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 44 CFR 62 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 4001 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
Final Action 00/00/0000
NPRM 10/14/2003 68 FR 59146 NPRM Comment Period End 11/13/2003
Interim Final Rule 07/30/2004 69 FR 45607 Interim Final Rule Comment Period End 09/28/2004
Interim Final Rule Effective 10/01/2004

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Edward L. Connor Federal Insurance and Mitigation Administration Department of Homeland Security Federal Emergency Management Agency 1800 South Bell Street Arlington , VA 20598-3010 Phone: 202 646-3429 FAX: 202 646-7970 E-Mail: edward.connor@dhs.gov

Department of Homeland Security (DHS) Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA29

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Title: National Flood Insurance Program (NFIP); Assistance to Private Sector Property Insurers; Extension of Term of Arrangement Abstract: FEMA changed the Financial Assistance/Subsidy Arrangement (the Arrangement) to extend its term of October 1, 2002, through September 30, 2003, to a term of October 1, 2002, through December 31, 2003. The second interim final rule extended the Arrangement from October 1, 2002, through May 1, 2004. The third interim final rule extends the Arrangement to a term of October 1, 2002, through September 30, 2004. The Arrangement defines the duties and responsibilities of insurers that sell and service insurance under the Write-Your-Own Program. It also identifies the responsibilities of the Government to provide financial and technical assistance to these insurers.Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 44 CFR 62 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 4001 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
Final Action 00/00/0000
Interim Final Rule 09/05/2003 68 FR 52700 Interim Final Rule Comment Period End 10/06/2003
Interim Final Rule Effective 10/01/2003
Interim Final Rule 12/31/2003 68 FR 75453 Interim Final Rule Effective 01/01/2004 Interim Final Rule Comment Period End 03/01/2004
Interim Final Rule 04/30/2004 69 FR 23657 Interim Final Rule Effective 05/02/2004 Interim Final Rule Comment Period End 06/29/2004

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Edward L. Connor Federal Insurance and Mitigation Administration Department of Homeland Security Federal Emergency Management Agency 1800 South Bell Street Arlington , VA 20598-3010 Phone: 202 646-3429 FAX: 202 646-7970 E-Mail: edward.connor@dhs.gov

Department of Homeland Security (DHS) Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA47

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Title: Disaster Assistance; Public Assistance Repetitive Damage Abstract: This proposed rule implements aspects of the Disaster Mitigation Act of 2000 by reducing the Federal cost share of FEMA Public Assistance to public and certain private nonprofit facilities repetitively damaged in the preceding 10 years by the same type of event, and for which required hazard mitigation has not been implemented. The Federal Government should not repetitively reimburse eligible applicants for damage that could be prevented through mitigation efforts. The reduced Federal cost share of the proposed rule is intended to provide an incentive to mitigate repetitive damage, promote measures that reduce future loss to life and property, protect Federal investment in public infrastructure, and help build disaster-resistant communities.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 44 CFR 206.226 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 5172 Legal Deadline: None

Timetable:
Action Date FR Cite
Final Action 00/00/0000
NPRM 08/11/2009 74 FR 40124 NPRM Comment Period End 10/13/2009

Additional Information: Docket ID FEMA-2008-0006Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: Governmental Jurisdictions Federalism: No Energy Affected: No Agency Contact: Tod Wells Recovery Directorate Department of Homeland Security Federal Emergency Management Agency 500 C Street SW. Washington , DC 20472-3100 Phone: 202 646-3936 FAX: 202 646-3363 E-Mail: tod.wells@dhs.gov

Department of Homeland Security (DHS) Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA70

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Title: National Flood Insurance Program, Policy Wording Correction Abstract: By this Notice of Proposed Rulemaking, the Federal Emergency Management Agency (FEMA) is proposing a technical correction to the FEMA, Federal Insurance Administration, Standard Flood Insurance Policy regulations. In this proposed rule, FEMA intends to increase the clarity of one of the provisions of the Standard Flood Insurance Policy by adding in two unintentionally omitted words.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 44 CFR 61 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 4001 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
Final Action 00/00/0000
NPRM 09/03/2010 75 FR 54076 NPRM Comment Period End 11/02/2010

Additional Information: Docket ID FEMA-2010-0021

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Edward L. Connor Federal Insurance and Mitigation Administration Department of Homeland Security Federal Emergency Management Agency 1800 South Bell Street Arlington , VA 20598-3010 Phone: 202 646-3429 FAX: 202 646-7970 E-Mail: edward.connor@dhs.gov

Department of Homeland Security (DHS) Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA62

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Title: Treatment of Firearms in Response To or Recovery From a Major Disaster or Emergency Abstract: In the Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA), Congress added section 706 to theRobert T. Stafford Disaster Relief and Emergency Assistance Act, prohibiting the confiscation of certain firearms by Federal employees acting in support of relief from a major disaster or emergency. Section 706 does, however, permit Federal employees to require the temporary surrender of a firearm as a condition for entry into any mode of transportation used for rescue or evacuation during a major disaster or emergency, provided that such temporarily surrendered firearm is returned at the completion of such rescue or evacuation. FEMA proposes to issue regulations delineating its procedures for the treatment of firearms in accordance with this statutory change.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: Undetermined Unfunded Mandates: Undetermined CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 5207 Legal Deadline: None

Timetable:
Action Date FR Cite
Withdrawn 07/15/2010

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined Energy Affected: No Agency Contact: Liza Davis Deputy Associate Chief Counsel Department of Homeland Security Federal Emergency Management Agency Room 840, 500 C Street SW. Washington , DC 20472-3100 Phone: 202 646-4046 FAX: 202 646-4536 E-Mail: liza.davis@dhs.gov

Department of Homeland Security (DHS) Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA67

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Title: Revision to FEMA Rulemaking Policy and Procedures Abstract: FEMA proposes to revise 44 CFR 1.4(b) to reflect the Agency's true policy regarding the publication of regulations with respect to its loan and grant programs. Pursuant to the Administrative Procedure Act, agencies are not required to publish notice and comment regulations for grant and loan programs. FEMA has, however, voluntarily published regulations for its "no year" grant and loan programs. Those are the programs whose appropriations are not changed annually, such as those in theRobert T. Stafford Disaster Relief and Emergency Assistance Act, as amended. Annual or semi-annual grants, such as the PreDisaster Mitigation or Staffing for Adequate Fire and Emergency Response or other preparedness grant programs are issued by grant guidance on www.grants.gov. Their frequently changing requirements and fast issuance deadlines are not conducive to the rulemaking process. In proposing this change, FEMA would also propose to remove the outdated regulations for the Assistance to Firefighters Grant Program in part 152.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 44 CFR 1.4; 44 CFR 152 (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
Withdrawn 07/15/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Federalism: No Energy Affected: NoRelated RINs: Previously Reported as 1601- AA30; Previously Reported as 1660-AA50 Agency Contact: Liza Davis Deputy Associate Chief Counsel Department of Homeland Security Federal Emergency Management Agency Room 840, 500 C Street SW. Washington , DC 20472-3100 Phone: 202 646-4046 FAX: 202 646-4536 E-Mail: liza.davis@dhs.gov

Department of Homeland Security (DHS) Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA71

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Title: Individual Assistance: Disaster Case Management Services Grant Program Abstract: This rule would implement section 689f of the Post-Katrina Emergency Management Reform Act of 2006, which authorizes the Federal Emergency Management Agency to provide disaster case management services, including financial assistance, to State or local government agencies or qualified private organizations to provide such services, to victims of major disasters to identify and address unmet needs.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: Undetermined Unfunded Mandates: No CFR Citation: 44 CFR 206.172 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 5189d Legal Deadline: None

Timetable:
Action Date FR Cite
Withdrawn 07/12/2010

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No Energy Affected: No Agency Contact: Liz Gibson Department of Homeland Security Federal Emergency Management Agency 500 C Street SW. Washington , DC 20472-3100 Phone: 202 212-1122 E-Mail: liz.gibson@dhs.gov

Department of Homeland Security (DHS) Federal Emergency Management Agency ( FEMA ) RIN: 1660-AA72

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Title: Procedural Changes to the Fire Management Assistance Declaration Process Abstract: By this final rule, the Federal Emergency Management Agency (FEMA) is updating its Fire Management Assistance Grant Program regulations to reflect a change in the internal delegation of authority for fire management assistance declarations, and resulting internal procedural changes that are impacted by the change in authority. FEMA is also making nomenclature changes to update names and titles to reflect recent changes to FEMA’s organizational structure.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 44 CFR 204 (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 Action Effective 08/17/2010
Final Rule 08/17/2010 75 FR 50713

Additional Information: Docket ID FEMA-2010-0036

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Tod Wells Recovery Directorate Department of Homeland Security Federal Emergency Management Agency 500 C Street SW. Washington , DC 20472-3100 Phone: 202 646-3936 FAX: 202 646-3363 E-Mail: tod.wells@dhs.gov