1872 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Chs. I and II 

[DHS Docket No. OGC–RP–04–001] 

Unified Agenda of Federal Regulatory 

and Deregulatory Actions 

AGENCY: Office of the Secretary, DHS. 

ACTION: Semiannual regulatory agenda. 

SUMMARY: This regulatory agenda is a 

semiannual summary of projected 

regulations, existing regulations, and 

completed actions of the Department of 

Homeland Security (DHS) and its 

components. This agenda provides the 

public with information about DHS’s 

regulatory and deregulatory activity. 

DHS expects that this information will 

enable the public to be more aware of, 

and effectively participate in, the 

Department’s regulatory and 

deregulatory activity. DHS invites the 

public to submit comments on any 

aspect of this agenda. 

FOR FURTHER INFORMATION CONTACT: 

General 

Please direct general comments and 

inquiries on the agenda to the 

Regulatory Affairs Law Division, Office 

of the General Counsel, U.S. Department 

of Homeland Security, 245 Murray 

Lane, Mail Stop 0485, Washington, DC 

20528–0485. 

Specific 

Please direct specific comments and 

inquiries on individual actions 

identified in this agenda to the 

individual listed in the summary 

portion as the point of contact for that 

action. 

SUPPLEMENTARY INFORMATION: DHS 

provides this notice pursuant to the 

requirements of the Regulatory 

Flexibility Act (Pub. L. 96–354, Sept. 19, 

1980) and Executive Order 12866 

‘‘Regulatory Planning and Review’’ 

(Sept. 30, 1993) as incorporated in 

Executive Order 13563 ‘‘Improving 

Regulation and Regulatory Review’’ 

(Jan. 18, 2011) and Executive Order 

13771 ‘‘Reducing Regulation and 

Controlling Regulatory Costs’’ (Jan. 30, 

2017), which require the Department to 

publish a semiannual agenda of 

regulations. The regulatory agenda is a 

summary of existing and projected 

regulations 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 August 24, 

2017, at 82 FR 40290. 

Beginning in fall 2007, the internet 

became the basic means for 

disseminating the Unified Agenda. The 

complete Unified Agenda is available 

online at www.reginfo.gov. 

The Regulatory Flexibility Act (5 

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

publish their regulatory flexibility 

agendas in the Federal Register. A 

regulatory flexibility agenda shall 

contain, among other things, a brief 

description of the subject area of any 

rule which is likely to have a significant 

economic impact on a substantial 

number of small entities. DHS’s printed 

agenda entries include regulatory 

actions that are in the Department’s 

regulatory flexibility agenda. Printing of 

these entries is limited to fields that 

contain information required by the 

agenda provisions of the Regulatory 

Flexibility Act. Additional information 

on these entries is available in the 

Unified Agenda published on the 

internet. 

The semiannual agenda of the 

Department conforms to the Unified 

Agenda format developed by the 

Regulatory Information Service Center. 

Dated: September 29, 2017. 

Christina E. McDonald, 

Associate General Counsel for Regulatory 

Affairs. 

OFFICE OF THE SECRETARY—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

264 .................... Chemical Facility Anti-Terrorism Standards (CFATS) ..................................................................................... 1601–AA69 

265 .................... Homeland Security Acquisition Regulation, Enhancement of Whistleblower Protections for Contractor Employees.1601–AA72 

266 .................... Homeland Security Acquisition Regulation: Safeguarding of Controlled Unclassified Sensitive Information 

(HSAR Case 2015–001).

1601–AA76 

267 .................... Homeland Security Acquisition Regulation: Information Technology Security Awareness Training (HSAR 

Case 2015–002).

1601–AA78 

268 .................... Homeland Security Acquisition Regulation: Privacy Training (HSAR Case 2015–003) ................................. 1601–AA79 

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

Sequence No. Title Regulation 

Identifier No. 

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

Numerical Limitations (Reg Plan Seq No. 44).

1615–AB71 

270 .................... Requirements for Filing Motions and Administrative Appeals ......................................................................... 1615–AB98 

271 .................... EB–5 Immigrant Investor Regional Center Program (Reg Plan Seq No. 46) ................................................ 1615–AC11 

272 .................... Removing H–4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization (Reg 

Plan Seq No. 48).

1615–AC15 

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


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

Sequence No. Title Regulation 

Identifier No. 

273 .................... EB–5 Immigrant Investor Program Modernization (Reg Plan Seq No. 49) ................................................... 1615–AC07 

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

U.S. COAST GUARD—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

274 .................... Financial Responsibility—Vessels; Superseded Pollution Funds (USCG–2017–0788) .................................. 1625–AC39 

U.S. COAST GUARD—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

275 .................... Seafarers’ Access to Maritime Facilities .......................................................................................................... 1625–AC15 

U.S. COAST GUARD—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

276 .................... Outer Continental Shelf Activities .................................................................................................................... 1625–AA18 

277 .................... Commercial Fishing Vessels—Implementation of 2010 and 2012 Legislation ............................................... 1625–AB85 

U.S. CUSTOMS AND BORDER PROTECTION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

278 .................... Importer Security Filing and Additional Carrier Requirements (Section 610 Review) .................................... 1651–AA70 

279 .................... Implementation of the Guam-CNMI Visa Waiver Program (Section 610 Review) .......................................... 1651–AA77 

U.S. CUSTOMS AND BORDER PROTECTION—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

280 .................... Waiver of Passport and Visa Requirements Due to an Unforeseen Emergency ........................................... 1651–AA97 

TRANSPORTATION SECURITY ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

TRANSPORTATION SECURITY ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

282 .................... Security Training for Surface Transportation Employees (Reg Plan Seq No. 57) ......................................... 1652–AA55 

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

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

Sequence No. Title Regulation 

Identifier No. 

283 .................... Procedures and Standards for Declining Surety Immigration Bonds and Administrative Appeal Requirement for Breaches.1653–AA67 


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FEDERAL EMERGENCY MANAGEMENT AGENCY—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

284 .................... Updates to Floodplain Management and Protection of Wetlands Regulations to Implement Executive 

Order 13690 and the Federal Flood Risk Management Standard.

1660–AA85 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

Office of the Secretary (OS) 

Long-Term Actions 

263. Ammonium Nitrate Security 

Program 

E.O. 13771 Designation: Other. 

Legal Authority: 6 U.S.C. 488 et seq. 

Abstract: This rulemaking will 

implement the December 2007 

amendment to the Homeland Security 

Act entitled ‘‘Secure Handling of 

Ammonium Nitrate.’’ The amendment 

requires the Department of Homeland 

Security to ‘‘regulate the sale and 

transfer of ammonium nitrate by an 

ammonium nitrate facility . . . to 

prevent the misappropriation or use of 

ammonium nitrate in an act of 

terrorism.’’ 

Timetable: 

Action Date FR Cite 

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

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

ANPRM Comment 

Period End.

12/29/08 

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

Notice of Public 

Meetings.

10/07/11 76 FR 62311 

Notice of Public 

Meetings.

11/14/11 76 FR 70366 

NPRM Comment 

Period End.

12/01/11 

Next Action Undetermined.

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jon MacLaren, Chief, 

Rulemaking Section, Department of 

Homeland Security, National Protection 

and Programs Directorate, Infrastructure 

Security Compliance Division (NPPD/ 

ISCD), 245 Murray Lane, Mail Stop 

0610, Arlington, VA 20528–0610, 

Phone: 703 235–5263, Fax: 703 603– 

4935, Email: jon.m.maclaren@

hq.dhs.gov. 

RIN: 1601–AA52 

264. Chemical Facility Anti-Terrorism 

Standards (CFATS) 

E.O. 13771 Designation: Other. 

Legal Authority: 6 U.S.C. 621 to 629 

Abstract: The Department of 

Homeland Security (DHS) previously 

invited public comment on an advance 

notice of proposed rulemaking 

(ANPRM) for potential revisions to the 

Chemical Facility Anti-Terrorism 

Standards (CFATS) regulations. The 

ANPRM provided an opportunity for the 

public to provide recommendations for 

possible program changes. DHS is 

reviewing the public comments received 

in response to the ANPRM, after which 

DHS intends to publish a Notice of 

Proposed Rulemaking. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 08/18/14 79 FR 48693 

ANPRM Comment 

Period End.

10/17/14 

NPRM .................. To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jon MacLaren, Chief, 

Rulemaking Section, Department of 

Homeland Security, National Protection 

and Programs Directorate, Infrastructure 

Security Compliance Division (NPPD/ 

ISCD), 245 Murray Lane, Mail Stop 

0610, Arlington, VA 20528–0610, 

Phone: 703 235–5263, Fax: 703 603– 

4935, Email: jon.m.maclaren@

hq.dhs.gov. 

RIN: 1601–AA69 

265. Homeland Security Acquisition 

Regulation, Enhancement of 

Whistleblower Protections for 

Contractor Employees 

E.O. 13771 Designation: Other. 

Legal Authority: Sec. 827 of the 

National Defense Authorization Act 

(NDAA) for Fiscal Year 2013, (Pub. L. 

112–239, enacted January 2, 2013); 41 

U.S.C. 1302(a)(2); 41 U.S.C. 1707 

Abstract: The Department of 

Homeland Security (DHS) is proposing 

to amend its Homeland Security 

Acquisition Regulation (HSAR) parts 

3003 and 3052 to implement section 827 

of the National Defense Authorization 

Act (NDAA) for Fiscal Year (FY) 2013 

(Pub. L. 112–239, enacted January 2, 

2013) for the United States Coast Guard 

(USCG). Section 827 of the NDAA for 

FY 2013 established enhancements to 

the Whistleblower Protections for 

Contractor Employees for all agencies 

subject to section 2409 of title 10, 

United States Code, which includes the 

USCG. 

Timetable: 

Action Date FR Cite 

NPRM .................. To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Nancy Harvey, 

Policy Analyst, Department of 

Homeland Security, Office of the Chief 

Procurement Officer, Room 3636–15, 

301 7th Street SW, Washington, DC 

20528, Phone: 202 447–0956, Email: 

nancy.harvey@hq.dhs.gov. 

RIN: 1601–AA72 

266. Homeland Security Acquisition 

Regulation: Safeguarding of Controlled 

Unclassified Sensitive Information 

(HSAR Case 2015–001) 

E.O. 13771 Designation: Fully or 

Partially Exempt. 

Legal Authority: 5 U.S.C. 301 to 302; 

41 U.S.C. 1302; 41 U.S.C. 1303; 41 

U.S.C. 1707 

Abstract: This Homeland Security 

Acquisition Regulation (HSAR) rule 

would implement adequate security and 

privacy measures to safeguard 

Controlled Unclassified Information 

(CUI), such as Personally Identifiable 

Information (PII), for DHS contractors. 

Specifically, the rule would define key 

terms, outline security requirements and 

inspection provisions for contractor 

information technology (IT) systems that 

store or process sensitive information, 

institute incident notification and 

response procedures, and identify postincident credit monitoring 

requirements. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/19/17 82 FR 6429 

NPRM Comment 

Period End.

03/20/17 

NPRM Comment 

Period Extended.

03/20/17 82 FR 14341 

NPRM Comment 

Period Extended End.

04/19/17 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Shaundra Duggans, 

Procurement Analyst, Department of 

Homeland Security, Office of the Chief 

Procurement Officer, Acquisition Policy 


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and Legislation, Room 3114, 245 Murray 

Lane, Washington, DC 20528, Phone: 

202 447–0056, Email: 

shaundra.duggans@hq.dhs.gov. 

Nancy Harvey, Policy Analyst, 

Department of Homeland Security, 

Office of the Chief Procurement Officer, 

Room 3636–15, 301 7th Street SW, 

Washington, DC 20528, Phone: 202 447– 

0956, Email: nancy.harvey@hq.dhs.gov. 

RIN: 1601–AA76 

267. Homeland Security Acquisition 

Regulation: Information Technology 

Security Awareness Training (HSAR 

Case 2015–002) 

E.O. 13771 Designation: Fully or 

Partially Exempt. 

Legal Authority: 5 U.S.C. 301 and 302; 

41 U.S.C. 1707; 41 U.S.C. 1302; 41 

U.S.C. 1303 

Abstract: This Homeland Security 

Acquisition Regulation (HSAR) rule 

would standardize information 

technology security awareness training 

and DHS Rules of Behavior 

requirements for contractor and 

subcontractor employees who access 

DHS information systems and 

information resources or contractorowned and/or operated information 

systems and information resources 

capable of collecting, processing, storing 

or transmitting controlled unclassified 

information (CUI). 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/19/17 82 FR 6446 

NPRM Comment 

Period End.

03/20/17 

NPRM Comment 

Period Extended.

03/20/17 82 FR 14341 

NPRM Comment 

Period Extended End.

04/19/17 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Shaundra Duggans, 

Procurement Analyst, Department of 

Homeland Security, Office of the Chief 

Procurement Officer, Acquisition Policy 

and Legislation, Room 3114, 245 Murray 

Lane, Washington, DC 20528, Phone: 

202 447–0056, Email: 

shaundra.duggans@hq.dhs.gov. 

Nancy Harvey, Policy Analyst, 

Department of Homeland Security, 

Office of the Chief Procurement Officer, 

Room 3636–15, 301 7th Street SW, 

Washington, DC 20528, Phone: 202 447– 

0956, Email: nancy.harvey@hq.dhs.gov. 

RIN: 1601–AA78 

268. Homeland Security Acquisition 

Regulation: Privacy Training (HSAR 

Case 2015–003) 

E.O. 13771 Designation: Fully or 

Partially Exempt. 

Legal Authority: 5 U.S.C. 301 and 302; 

41 U.S.C. 1707; 41 U.S.C. 1702; 41 

U.S.C. 1303 

Abstract: This Homeland Security 

Acquisition Regulation (HSAR) rule 

would require contractors to complete 

training that addresses the protection of 

privacy, in accordance with the Privacy 

Act of 1974, and the handling and 

safeguarding of Personally Identifiable 

Information and Sensitive Personally 

Identifiable Information. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/19/17 82 FR 6425 

NPRM Comment 

Period End.

03/20/17 

NPRM Comment 

Period Extended.

03/20/17 82 FR 14341 

NPRM Comment 

Period Extended End.

04/19/17 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Candace Lightfoot, 

Procurement Analyst, Department of 

Homeland Security, Office of the Chief 

Procurement Officer, Acquisition Policy 

and Legislation, Room 3636–15, 301 7th 

Street SW, Washington, DC 20528, 

Phone: 202 447–0082, Email: 

candace.lightfoot@hq.dhs.gov. 

Nancy Harvey, Policy Analyst, 

Department of Homeland Security, 

Office of the Chief Procurement Officer, 

Room 3636–15, 301 7th Street SW, 

Washington, DC 20528, Phone: 202 447– 

0956, Email: nancy.harvey@hq.dhs.gov. 

RIN: 1601–AA79 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Citizenship and Immigration 

Services (USCIS) 

Proposed Rule Stage 

269. Registration Requirement for 

Petitioners Seeking To File H–1B 

Petitions on Behalf of Aliens Subject to 

Numerical Limitations 

Regulatory Plan: This entry is Seq. 

No. 44 in part II of this issue of the 

Federal Register. 

RIN: 1615–AB71 

270. Requirements for Filing Motions 

and Administrative Appeals 

E.O. 13771 Designation: Other. 

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

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

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

Abstract: This rule proposes to revise 

the requirements and procedures for the 

filing of motions and appeals before the 

Department of Homeland Security 

(DHS), U.S. Citizenship and 

Immigration Services (USCIS), and its 

Administrative Appeals Office (AAO). 

The proposed changes are intended to 

streamline the existing processes for 

filing motions and appeals and will 

reduce delays in the review and 

appellate process. This rule also 

proposes additional changes 

necessitated by the establishment of 

DHS and its components. The proposed 

changes are intended to promote 

simplicity, accessibility, and efficiency 

in the administration of USCIS appeals 

and motions. The Department also 

solicits public comment on proposed 

changes to the AAO’s appellate 

jurisdiction. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Charles ‘‘Locky’’ 

Nimick, Deputy Chief, Department of 

Homeland Security, U.S. Citizenship 

and Immigration Services, 

Administrative Appeals Office, 20 

Massachusetts Avenue NW, 

Washington, DC 20529–2090, Phone: 

703 224–4501, Email: charles.nimick@

usics.dhs.gov. 

RIN: 1615–AB98 

271. EB–5 Immigrant Investor Regional 

Center Program 

Regulatory Plan: This entry is Seq. 

No. 46 in part II of this issue of the 

Federal Register. 

RIN: 1615–AC11 

272. • Removing H–4 Dependent 

Spouses From the Class of Aliens 

Eligible for Employment Authorization 

Regulatory Plan: This entry is Seq. 

No. 48 in part II of this issue of the 

Federal Register. 

RIN: 1615–AC15 


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DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Citizenship and Immigration 

Services (USCIS) 

Final Rule Stage 

273. EB–5 Immigrant Investor Program 

Modernization 

Regulatory Plan: This entry is Seq. 

No. 49 in part II of this issue of the 

Federal Register. 

RIN: 1615–AC07 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Coast Guard (USCG) 

Proposed Rule Stage 

274. • Financial Responsibility— 

Vessels; Superseded Pollution Funds 

(USCG–2017–0788) 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 33 U.S.C. 2704; 33 

U.S.C. 2716 and 2716a; 42 U.S.C. 9607 

to 9609; 6 U.S.C. 552; E.O. 12580; sec. 

7(b), 3 CFR, 1987; Comp., p. 193; E.O. 

12777, secs. 4 and 5, 3 CFR, 1991 

Comp., p. 351, as amended by E.O. 

13286, Sec. 89, 3; 3 CFR, 2004 Comp., 

p. 166, and by E.O. 13638, sec. 1, 3 CFR, 

2014 Comp., p. 227; Department of 

Homeland; Security Delegation Nos. 

0170.1 and 5110, Revision 01 

Abstract: The Coast Guard proposes to 

amend its rule on vessel financial 

responsibility to include tank vessels 

greater than 100 gross tons, to clarify 

and strengthen the rule’s reporting 

requirements, to conform its rule to 

current practice, and to remove two 

superseded regulations. This 

rulemaking will ensure the Coast Guard 

has current information when there are 

significant changes in a vessel’s 

operation, ownership, or evidence of 

financial responsibility, and reflect 

current best practices in the Coast 

Guard’s management of the Certificate 

of Financial Responsibility program. 

This rulemaking will also promote the 

Coast Guard’s missions of maritime 

stewardship, maritime security and 

maritime safety. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/00/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Benjamin White, 

Project Manager, National Pollution 

Funds Center, Department of Homeland 

Security, U.S. Coast Guard, NPFC MS 

7100, 4200 Wilson Boulevard, 

Arlington, VA 20598–7100, Phone: 202 

493–6863, Email: benjamin.h.white@

uscg.mil. 

RIN: 1625–AC39 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Coast Guard (USCG) 

Final Rule Stage 

275. Seafarers’ Access to Maritime 

Facilities 

E.O. 13771 Designation: Not subject 

to, not significant. 

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

U.S.C. 1231; Pub. L. 111–281, sec. 811 

Abstract: This regulatory action will 

implement section 811 of the Coast 

Guard Authorization Act of 2010 (Pub. 

L. 111–281), which requires the owner/ 

operator of a facility regulated by the 

Coast Guard under the Maritime 

Transportation Security Act of 2002 

(Pub. L. 107–295) (MTSA) to provide a 

system that enables seafarers and certain 

other individuals to transit between 

vessels moored at the facility and the 

facility gate in a timely manner at no 

cost to the seafarer or other individual. 

Ensuring that such access through a 

facility is consistent with the security 

requirements in MTSA is part of the 

Coast Guard’s Ports, Waterways, and 

Coastal Security (PWCS) mission. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/29/14 79 FR 77981 

NPRM Comment 

Period Reopened.

05/27/15 80 FR 30189 

NPRM Comment 

Period End.

07/01/15 

Final Rule ............ 01/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: LCDR Yamaris Barril, 

Project Manager, Department of 

Homeland Security, U.S. Coast Guard, 

2703 Martin Luther King Jr. Avenue SE, 

Commandant (CG–FAC–2) STOP 7501, 

Washington, DC 20593, Phone: 202 372– 

1151, Email: yamaris.d.barril@uscg.mil. 

RIN: 1625–AC15 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Coast Guard (USCG) 

Long-Term Actions 

276. Outer Continental Shelf Activities 

E.O. 13771 Designation: Other. 

Legal Authority: 43 U.S.C. 1333(d)(1); 

43 U.S.C. 1348(c); 43 U.S.C. 1356; DHS 

Delegation No 0170.1 

Abstract: The Coast Guard is the lead 

Federal agency for workplace safety and 

health on facilities and vessels engaged 

in the exploration for, or development, 

or production of, minerals on the Outer 

Continental Shelf (OCS), other than for 

matters generally related to drilling and 

production that are regulated by the 

Bureau of Safety and Environmental 

Enforcement (BSEE). This project would 

revise the regulations on OCS activities 

by: (1) Adding new requirements, for 

OCS units for lifesaving, fire protection, 

training, and helidecks; (2) providing for 

USCG acceptance and approval of 

specified classification society plan 

reviews, inspections, audits, and 

surveys; and (3) requiring foreign 

vessels engaged in OCS activities to 

comply with rules similar to those 

imposed on U.S. vessels similarly 

engaged. This project would affect the 

owners and operators of facilities and 

vessels engaged in offshore activities. 

Timetable: 

Action Date FR Cite 

Request for Comments.06/27/95 60 FR 33185 

Comment Period 

End.

09/25/95 

NPRM .................. 12/07/99 64 FR 68416 

NPRM Correction 02/22/00 65 FR 8671 

NPRM Comment 

Period Extended.

03/16/00 65 FR 14226 

NPRM Comment 

Period Extended.

06/30/00 65 FR 40559 

NPRM Comment 

Period End.

11/30/00 

Next Action Undetermined.To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Charles Rawson, 

Project Manager, Department of 

Homeland Security, U.S. Coast Guard, 

Commandant (CG–ENG–2), 2703 Martin 

Luther King Jr. Avenue SE, STOP 7509, 

Washington, DC 20593–7509, Phone: 

202 372–1390, Email: charles.e.rawson@

uscg.mil. 

RIN: 1625–AA18 

277. Commercial Fishing Vessels— 

Implementation of 2010 and 2012 

Legislation 

E.O. 13771 Designation: Other. 

Legal Authority: Pub. L. 111–281 

Abstract: The Coast Guard proposes to 

implement those requirements of 2010 

and 2012 legislation that pertain to 

uninspected commercial fishing 

industry vessels and that took effect 


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upon enactment of the legislation but 

that, to be implemented, require 

amendments to Coast Guard regulations 

affecting those vessels. The applicability 

of the regulations is being changed, and 

new requirements are being added to 

safety training, equipment, vessel 

examinations, vessel safety standards, 

the documentation of maintenance, and 

the termination of unsafe operations. 

This rulemaking promotes the Coast 

Guard’s maritime safety mission. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/21/16 81 FR 40437 

NPRM Comment 

Period Extended.

08/15/16 81 FR 53986 

NPRM Comment 

Period End.

10/19/16 

Second NPRM 

Comment Period End.

12/18/16 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jack Kemerer, Project 

Manager, CG–CVC–3, Department of 

Homeland Security, U.S. Coast Guard, 

2703 Martin Luther King Jr. Avenue SE, 

STOP 7501, Washington, DC 20593– 

7501, Phone: 202 372–1249, Email: 

jack.a.kemerer@uscg.mil. 

RIN: 1625–AB85 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Customs and Border Protection 

(USCBP) 

Long-Term Actions 

278. Importer Security Filing and 

Additional Carrier Requirements 

(Section 610 Review) 

E.O. 13771 Designation: Regulatory. 

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

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

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

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

U.S.C. 60105 

Abstract: This final rule implements 

the provisions of section 203 of the 

Security and Accountability for Every 

Port Act of 2006. On November 25, 

2008, Customs and Border Protection 

(CBP) published an interim final rule 

(CBP Dec. 08–46) in the Federal 

Register (73 FR 71730), that finalized 

most of the provisions proposed in the 

NPRM. It requires carrier and importers 

to provide to CBP, via a CBP approved 

electronic data interchange system, 

certain advance information pertaining 

to cargo brought into the United States 

by vessel to enable CBP to identify highrisk shipments to prevent smuggling 

and ensure cargo safety and security. 

The interim final rule did not finalize 

six data elements that were identified as 

areas of potential concern for industry 

during the rulemaking process and, for 

which, CBP provided some type of 

flexibility for compliance with those 

data elements. CBP solicited public 

comment on these six data elements and 

also invited comments on the revised 

Regulatory Assessment and Final 

Regulatory Flexibility Analysis. (See 73 

FR 71782–85 for regulatory text and 73 

CFR 71733–34 for general discussion.) 

The remaining requirements of the rule 

were adopted as final. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/02/08 73 FR 90 

NPRM Comment 

Period End.

03/03/08 

NPRM Comment 

Period Extended.

02/01/08 73 FR 6061 

NPRM Comment 

Period End.

03/18/08 

Interim Final Rule 11/25/08 73 FR 71730 

Interim Final Rule 

Effective.

01/26/09 

Interim Final Rule 

Comment Period End.

06/01/09 

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

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

Final Action ......... 03/00/19 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Craig Clark, Branch 

Chief, Advance Data Programs and 

Cargo Initiatives, Department of 

Homeland Security, U.S. Customs and 

Border Protection, 1300 Pennsylvania 

Avenue NW, Washington, DC 20229, 

Phone: 202 344–3052, Email: 

craig.clark@cbp.dhs.gov. 

RIN: 1651–AA70 

279. Implementation of the GuamCNMI Visa Waiver Program (Section 

610 Review) 

E.O. 13771 Designation: Fully or 

Partially Exempt. 

Legal Authority: Pub. L. 110–229, sec. 

702 

Abstract: The interim final 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. 

Section 702 of the Consolidated Natural 

Resources Act of 2008 (CNRA), subject 

to a transition period, extends the 

immigration laws of the United States to 

the Commonwealth of the Northern 

Mariana Islands (CNMI) and provides 

for a visa waiver program for travel to 

Guam and/or the CNMI. On January 16, 

2009, the Department of Homeland 

Security (DHS), Customs and Border 

Protection (CBP), issued an interim final 

rule in the Federal Register replacing 

the then-existing Guam Visa Waiver 

Program with the Guam-CNMI Visa 

Waiver Program and setting forth the 

requirements for nonimmigrant visitors 

seeking admission into Guam and/or the 

CNMI under the Guam-CNMI Visa 

Waiver Program. As of November 28, 

2009, the Guam-CNMI Visa Waiver 

Program is operational. This program 

allows nonimmigrant visitors from 

eligible countries to seek admission for 

business or pleasure for entry into Guam 

and/or the CNMI without a visa for a 

period of authorized stay not to exceed 

45 days. This rulemaking would finalize 

the January 2009 interim final rule. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 01/16/09 74 FR 2824 

Interim Final Rule 

Effective.

01/16/09 

Interim Final Rule 

Comment Period End.

03/17/09 

Technical Amendment; Change 

of Implementation Date.

05/28/09 74 FR 25387 

Final Action ......... 11/00/18 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Stephanie Watson, 

Supervisory Program Manager, 

Department of Homeland Security, U.S. 

Customs and Border Protection, Office 

of Field Operations, 1300 Pennsylvania 

Avenue NW, 2.5B–38, Washington, DC 

20229, Phone: 202 325–4548, Email: 

stephanie.e.watson@cbp.dhs.gov. 

RIN: 1651–AA77 


sradovich on DSK3GMQ082PROD with PROPOSALS
1878 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Customs and Border Protection 

(USCBP) 

Completed Actions 

280. Waiver of Passport and VISA 

Requirements Due to an Unforeseen 

Emergency 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 212(a)(7)(B) INA 8 

U.S.C. 1182(a)(7) 

Abstract: This rule reinstates a 1996 

amendment to 8 CFR 212.1(g) regarding 

a waiver of documentary requirements 

for nonimmigrants seeking admission to 

the United States. The 1996 amendment 

allowed the former Immigration and 

Naturalization Service (INS) to waive 

passport and visa requirements due to 

an unforeseen emergency while 

preserving its ability to fine carriers for 

unlawfully transporting aliens to the 

United States who do not have a valid 

passport or visa. On November 20, 2009, 

the United States Court of Appeals for 

the Second Circuit invalidated the 1996 

amendment based on procedural 

grounds. 

Timetable: 

Action Date FR Cite 

NPRM .................. 03/08/16 81 FR 12032 

NPRM Comment 

Period End.

05/09/16 

Final Rule ............ 09/05/17 82 FR 41867 

Final Rule Effective.10/05/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Joseph R. O’Donnell, 

Program Manager, Fines, Penalties and 

Forfeitures Division, Department of 

Homeland Security, U.S. Customs and 

Border Protection, Office of Field 

Operations, 1300 Pennsylvania Avenue 

NW, Washington, DC 20229, Phone: 202 

344–1691, Email: joseph.r.odonnell@

dhs.gov. 

RIN: 1651–AA97 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

Transportation Security Administration 

(TSA) 

Proposed Rule Stage 

281. General Aviation Security and 

Other Aircraft Operator Security 

E.O. 13771 Designation: Deregulatory. 

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

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

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

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

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

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

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

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

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

46105 

Abstract: On October 30, 2008, the 

Transportation Security Administration 

(TSA) issued a notice of proposed 

rulemaking (NPRM), proposing to 

amend current aviation transportation 

security regulations to enhance the 

security of general aviation by 

expanding the scope of current 

requirements, and by adding new 

requirements for certain large aircraft 

operators and airports serving those 

aircraft. TSA also proposed that all 

aircraft operations, including corporate 

and private charter operations, with 

aircraft having a maximum certificated 

takeoff weight (MTOW) above 12,500 

pounds (large aircraft) be required to 

adopt a large aircraft security program. 

TSA also proposed to require certain 

airports that serve large aircraft to adopt 

security programs. TSA has decided to 

not pursue this rulemaking. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

12/29/08 

Notice—NPRM 

Comment Period Extended.

11/25/08 73 FR 71590 

NPRM Extended 

Comment Period End.

02/27/09 

Notice—Public 

Meetings; Requests for Comments.

12/18/08 73 FR 77045 

Notice of Withdrawal.01/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kevin Knott, Branch 

Manager, Industry Engagement 

Branch—Aviation Division, Department 

of Homeland Security, Transportation 

Security Administration, Office of 

Security Policy and Industry 

Engagement, 601 South 12th Street, 

Arlington, VA 20598–6028, Phone: 571 

227–4370, Email: kevin.knott@

tsa.dhs.gov. 

Alex Moscoso, Chief Economist, 

Economic Analysis Branch—Cross 

Modal Division, Department of 

Homeland Security, Transportation 

Security Administration, Office of 

Security Policy and Industry 

Engagement, 601 South 12th Street, 

Arlington, VA 20598–6028, Phone: 571 

227–5839, Email: alex.moscoso@

tsa.dhs.gov. 

Mardi Ruth Thompson, Senior 

Counsel, Regulations and Security 

Standards, Department of Homeland 

Security, Transportation Security 

Administration, Office of the Chief 

Counsel, 601 South 12th Street, 

Arlington, VA 20598–6002, Phone: 202 

365–1850, Fax: 571 227–1379, Email: 

mardi.thompson@tsa.dhs.gov. 

RIN: 1652–AA53 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

Transportation Security Administration 

(TSA) 

Final Rule Stage 

282. Security Training for Surface 

Transportation Employees 

Regulatory Plan: This entry is Seq. 

No. 57 in part II of this issue of the 

Federal Register. 

RIN: 1652–AA55 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Immigration and Customs 

Enforcement (USICE) 

Proposed Rule Stage 

283. Procedures and Standards for 

Declining Surety Immigration Bonds 

and Administrative Appeal 

Requirement for Breaches 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 8 U.S.C. 1103 

Abstract: U.S. Immigration and 

Customs Enforcement (ICE) proposes to 

set forth standards and procedures ICE 

will follow before making a 

determination to stop accepting 

immigration bonds posted by a surety 

company that has been certified to issue 

bonds by the Department of the 

Treasury when the company does not 

cure deficient performance. Treasury 

administers the Federal corporate surety 

program and, in its current regulations, 

allows agencies to prescribe ‘‘for cause’’ 

standards and procedures for declining 

to accept bonds from Treasury-certified 

sureties. ICE would also require surety 

companies seeking to overturn a breach 

determination to file an administrative 

appeal raising all legal and factual 

defenses. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/00/17 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 1879 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Beth Cook, Deputy 

Chief, Office of the Principal Legal 

Advisor, Department of Homeland 

Security, U.S. Immigration and Customs 

Enforcement, Suite 200, 166 Sycamore 

Street, Williston, VT 05495, Phone: 802 

288–7742, Email: beth.e.cook@

ice.dhs.gov. 

Molly Stubbs, ICE Regulatory 

Coordinator, Department of Homeland 

Security, U.S. Immigration and Customs 

Enforcement, 500 12th Street SW, 

Washington, DC 20536, Phone: 202 732– 

6202, Email: molly.stubbs@ice.dhs.gov. 

Brad Tuttle, Attorney Advisor, 

Department of Homeland Security, U.S. 

Immigration and Customs Enforcement, 

500 12th Street SW, Washington, DC 

20536, Phone: 202 732–5000, Email: 

bradley.c.tuttle@ice.dhs.gov. 

RIN: 1653–AA67 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

Federal Emergency Management Agency 

(FEMA) 

Proposed Rule Stage 

284. Updates to Floodplain 

Management and Protection of 

Wetlands Regulations To Implement 

Executive Order 13690 and the Federal 

Flood Risk Management Standard 

E.O. 13771 Designation: Deregulatory. 

Legal Authority: E.O. 11988, as 

amended; 42 U.S.C. 5201; 6 U.S.C. 101 

et seq.; . . . 

Abstract: The Federal Emergency 

Management Agency (FEMA) plans to 

withdraw a notice of proposed 

rulemaking (NPRM) that published on 

August 22, 2016. The NPRM proposed 

changes to FEMA’s ‘‘Floodplain 

Management and Protection of 

Wetlands’’ regulations to implement 

Executive Order 13690, which 

established the Federal Flood Risk 

Management Standard (FFRMS). FEMA 

also plans to withdraw a proposed 

supplementary policy (FEMA Policy: 

078–3), which clarified how FEMA 

would apply the FFRMS. On August 15, 

2017, the President issued Executive 

Order 13807, which revoked Executive 

Order 13690. Accordingly, FEMA plans 

to withdraw the NPRM and proposed 

supplementary policy. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/22/16 81 FR 57401 

NPRM Comment 

Period End.

10/21/16 

Notice of Withdrawal.03/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kristin Fontenot, 

Office of Environmental and Historic 

Preservation, Department of Homeland 

Security, Federal Emergency 

Management Agency, 400 C Street SW, 

Washington, DC 20472, Phone: 202 646– 

2741, Email: kristin.fontenot@

fema.dhs.gov. 

RIN: 1660–AA85 

[FR Doc. 2017–28212 Filed 1–11–18; 8:45 am] 

BILLING CODE 9110–9B–P 


sradovich on DSK3GMQ082PROD with PROPOSALS