41226 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex 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, 2707 Martin 

Luther King Jr. Avenue SE, 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), 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 online 

on December 9, 2020, at http://

www.reginfo.gov/public/do/ 

eAgendaMain. 

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: March 17, 2021. 

Christina E. McDonald, 

Associate General Counsel for Regulatory 

Affairs. 

OFFICE OF THE SECRETARY—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

(HSAR Case 2015–001).

1601–AA76 

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

Case 2015–002).

1601–AA78 

OFFICE OF THE SECRETARY—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

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

Sequence No. Title Regulation 

Identifier No. 

124 .................... U.S. Citizenship and Immigration Services Fee Schedule .............................................................................. 1615–AC68 

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

Sequence No. Title Regulation 

Identifier No. 

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


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U.S. CITIZENSHIP AND IMMIGRATION SERVICES—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

126 .................... Removal of International Entrepreneur Parole Program ................................................................................. 1615–AC04 

127 .................... Collection and Use of Biometrics by U.S. Citizenship and Immigration Services .......................................... 1615–AC14 

128 .................... U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements.1615–AC18 

129 .................... Employment Authorization for Certain Classes of Noncitizens With Final Orders of Removal ...................... 1615–AC40 

130 .................... Short-Term Extension for E-Verify Employers in the H–2A Program ............................................................. 1615–AC51 

U.S. COAST GUARD—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

131 .................... Lifejacket Approval Harmonization .................................................................................................................. 1625–AC62 

U.S. COAST GUARD—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

U.S. COAST GUARD—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

133 .................... Claims Procedures Under the Oil Pollution Act of 1990 (USCG–2004–17697) ............................................. 1625–AA03 

134 .................... 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. 

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

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

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

Sequence No. Title Regulation 

Identifier No. 

137 .................... Visa Security Program Fee .............................................................................................................................. 1653–AA77 

138 .................... Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant 

Academic Students, Exchange Visitors, and Representatives of Foreign Information Media.

1653–AA78 

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

139 .................... Adjusting Program Fees for the Student and Exchange Visitor Program ....................................................... 1653–AA81 

CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

140 .................... Ammonium Nitrate Security Program .............................................................................................................. 1670–AA00 


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CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

141 .................... Chemical Facility Anti-Terrorism Standards (CFATS) ..................................................................................... 1670–AA01 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

Office of the Secretary (OS) 

Final Rule Stage 

121. Homeland Security Acquisition 

Regulation: Safeguarding of Controlled 

Unclassified Sensitive Information 

(HSAR Case 2015–001) 

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

41 U.S.C. 1302, 1303 and 1707 

Abstract: This Homeland Security 

Acquisition Regulation (HSAR) rule 

would implement security and privacy 

measures to ensure Controlled 

Unclassified Information (CUI), such as 

Personally Identifiable Information (PII), 

is adequately safeguarded by DHS 

contractors. Specifically, the rule would 

define key terms, outline security 

requirements and inspection provisions 

for contractor information technology 

(IT) systems that store, process or 

transmit CUI, institute incident 

notification and response procedures, 

and identify post-incident 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 ............ 12/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Shaundra Ford, 

Procurement Analyst, Department of 

Homeland Security, Office of the Chief 

Procurement Officer, Acquisition Policy 

and Legislation, 245 Murray Lane SW, 

Washington, DC 20528, Phone: 202 447– 

0056, Email: shaundra.ford@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 

122. Homeland Security Acquisition 

Regulation: Information Technology 

Security Awareness Training (HSAR 

Case 2015–002) 

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

41 U.S.C. 1707, 1302 and 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 ............ 12/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Shaundra Ford, 

Procurement Analyst, Department of 

Homeland Security, Office of the Chief 

Procurement Officer, Acquisition Policy 

and Legislation, 245 Murray Lane SW, 

Washington, DC 20528, Phone: 202 447– 

0056, Email: shaundra.ford@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 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

Office of the Secretary (OS) 

Long-Term Actions 

123. Homeland Security Acquisition 

Regulation, Enhancement of 

Whistleblower Protections for 

Contractor Employees 

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) and 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 .................. 05/00/22 

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 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Citizenship and Immigration 

Services (USCIS) 

Proposed Rule Stage 

124. • U.S. Citizenship and 

Immigration Services Fee Schedule 

Legal Authority: 8 U.S.C. 1356(m), (n) 

Abstract: DHS will propose to adjust 

the fees charged by U.S. Citizenship and 


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Immigration Services (USCIS) for 

immigration and naturalization benefit 

requests. On August 3, 2020, DHS 

adjusted the fees USCIS charges for 

immigration and naturalization benefit 

requests, imposed new fees, revised 

certain fee waiver and exemption 

policies, and changed certain 

application requirements via the rule 

‘‘USCIS Fee Schedule & Changes to 

Certain Other Immigration Benefit 

Request Requirements.’’ DHS has been 

preliminarily enjoined from 

implementing that rule by court order. 

This rule would rescind and replace the 

changes made by the August 3, 2020, 

rule and establish new USCIS fees to 

recover USCIS operating costs. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kika M. Scott, Chief 

Financial Officer, Department of 

Homeland Security, U.S. Citizenship 

and Immigration Services, 5900 Capital 

Gateway Drive, Suite 4S190, Camp 

Springs, MD 20588–0009, Phone: 202 

721–3000. 

RIN: 1615–AC68 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Citizenship and Immigration 

Services (USCIS) 

Long-Term Actions 

125. Requirements for Filing Motions 

and Administrative Appeals 

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

552a; 8 U.S.C. 1101, 1103 and 1304; 6 

U.S.C. 112 

Abstract: The Department of 

Homeland Security (DHS) is proposing 

this rule to improve the administration 

of U.S. Citizenship and Immigration 

Services (USCIS) appeals, motions, and 

certifications. The proposed changes 

would update and restructure the 

regulations in order to clarify and 

streamline the administrative review 

process, increase efficiency, and reflect 

the establishment of DHS and its 

components. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: William K. Renwick, 

Jr., Branch Chief, Department of 

Homeland Security, U.S. Citizenship 

and Immigration Services, 

Administrative Appeals Office, 5900 

Capital Gateway Drive, Suite 4S190, 

Camp Springs, MD 20588–0009, Phone: 

202 721–3000. 

RIN: 1615–AB98 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Citizenship and Immigration 

Services (USCIS) 

Completed Actions 

126. Removal of International 

Entrepreneur Parole Program 

Legal Authority: 8 U.S.C. 

1182(d)(5)(A) 

Abstract: On January 17, 2017, DHS 

published the International 

Entrepreneur Final Rule (the IE final 

rule) in the Federal Register at 82 FR 

5238, with an original effective date of 

July 17, 2017. On May 29, 2018, DHS 

published a notice of proposed 

rulemaking (NPRM) proposing to 

remove the international entrepreneur 

parole program from DHS regulations 

and solicited public comments on the 

proposal. DHS is withdrawing the May 

29, 2018, proposed rule. The May 29, 

2018, proposed rule relied on the 

direction from E.O. 13767. On February 

2, 2021, President Biden issued 

Executive Order 14010 which revoked 

Executive Order 13767, and issued 

Executive Order 14012, which directed 

agencies to identify actions that fail to 

promote access to the legal immigration 

system. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/31/16 81 FR 60129 

NPRM Comment 

Period End.

10/17/16 

Final Rule ............ 01/17/17 82 FR 5238 

Final Rule Delay 

of Effective 

Date.

07/11/17 82 FR 31887 

Final Rule Effective.07/17/17 

NPRM—Removal 

of International 

Entrepreneur 

Parole Program.

05/29/18 83 FR 24415 

NPRM Comment 

Period End-Removal of International Entrepreneur Parole 

Program.

06/28/18 

Notice of Withdrawal.05/11/21 86 FR 25809 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Charles Nimick, 

Chief, Business and Foreign Workers 

Division, Office of Policy and Strategy, 

Department of Homeland Security, U.S. 

Citizenship and Immigration Services, 

5900 Capital Gateway Drive, Suite 

4S190, Camp Springs, MD 20588–0009, 

Phone: 240 721–3000. 

RIN: 1615–AC04 

127. Collection and Use of Biometrics 

by U.S. Citizenship and Immigration 

Services 

Legal Authority: 8 U.S.C. 1103(a); 8. 

U.S.C. 1444 to 1446; 8 U.S.C. 1365a and 

1365b; 8 U.S.C. 1304(a); Pub. L. 107–56; 

Pub. L. 107–173; Pub. L. 109–248, sec. 

402(a) and 402(b) 

Abstract: On September 11, 2020, the 

Department of Homeland Security 

(DHS) proposed to update its 

regulations to eliminate multiple 

references to specific biometric types, 

and to allow for the expansion of the 

types of biometrics required to establish 

and verify an identity. DHS also 

proposed to modify age restrictions 

where they exist to detect, deter, or 

prevent human trafficking of children; 

establish consistent identity enrollment 

and verification policies and processes; 

and align U.S. Citizenship and 

Immigration Services (USCIS) biometric 

collection with other immigration 

operations. The DHS proposal also 

provided a definition to the public on 

the term biometric and how biometrics 

will be used in the immigration process. 

DHS is withdrawing the NPRM 

published on September 11, 2020. DHS 

remains committed to ensuring national 

security, fraud prevention and program 

integrity. DHS will look to pursue future 

rulemaking that balances those 

commitments while also ensuring 

sufficient privacy protections, civil 

liberty protections, and without 

hindering access to the immigration 

system. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/11/20 85 FR 56338 

NPRM Comment 

Period End.

10/13/20 

Notice of Withdrawal.05/10/21 86 FR 24750 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Steven P. Kvortek, 

Acting Division Chief, Security and 

Public Safety Division, Office of Policy 

and Strategy, Department of Homeland 

Security, U.S. Citizenship and 

Immigration Services, 5900 Capital 

Gateway Drive, Suite 4S190, Camp 


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Springs, MD 20588–0009, Phone: 202 

721–3000. 

RIN: 1615–AC14 

128. U.S. Citizenship and Immigration 

Services Fee Schedule and Changes to 

Certain Other Immigration Benefit 

Request Requirements 

Legal Authority: 8 U.S.C. 1356(m) 

Abstract: The Department of 

Homeland Security (DHS), U.S. 

Citizenship and Immigration Services 

(USCIS) conducted a FY 2019/2020 fee 

review for its Immigration Examinations 

Fee Account (IEFA), pursuant to the 

requirements of the Chief Financial 

Officers Act of 1990 (CFO Act), 31 

U.S.C. 901–03 and the Immigration and 

Nationality Act, section 286(m), 8 U.S.C. 

1356(m). The CFO Act requires each 

agency’s chief financial officer 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.’’ As a result of the FY 2019/2020 

IEFA fee review, and following full 

consideration of public comments, DHS 

published its final rule (85 FR 46788) on 

August 3, 2020 with an effective date of 

October 2, 2020. DHS has been 

preliminarily enjoined from 

implementing that rule by court order. 

In Executive Order 14010 of February 2, 

2021, the President directed DHS to 

identify any agency actions that fail to 

promote access to the legal immigration 

system including the 2020 final rule, in 

light of the Emergency Stopgap USCIS 

Stabilization Act (title I of division D of 

Pub. L. 116–159) and recommend steps, 

as appropriate and consistent with 

applicable law, to revise or rescind 

those agency actions. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/14/19 84 FR 62280 

NPRM Comment 

Period Extended.

12/09/19 84 FR 67243 

NPRM Comment 

Period End.

12/16/19 

NPRM Comment 

Period Extended End.

12/30/19 

NPRM Comment 

Period Reopened.

01/24/20 85 FR 4243 

NPRM Comment 

Period Reopened End.

02/10/20 

Final Action ......... 08/03/20 85 FR 46788 

Correction ............ 08/17/20 85 FR 49941 

Correction ............ 08/31/20 85 FR 53645 

Final Action Effective.10/02/20 

Action Date FR Cite 

Notice of Preliminary Injunction.01/29/21 86 FR 7493 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kika M. Scott, Chief 

Financial Officer, Department of 

Homeland Security, U.S. Citizenship 

and Immigration Services, 5900 Capital 

Gateway Drive, Suite 4S190, Camp 

Springs, MD 20588–0009, Phone: 202 

721–3000. 

RIN: 1615–AC18 

129. Employment Authorization for 

Certain Classes of Noncitizens With 

Final Orders of Removal 

Legal Authority: 8 U.S.C. 1158; 8 

U.S.C. 1231; 8 U.S.C. 1324a 

Abstract: On November 19, 2020, DHS 

proposed to amend its regulations to 

eliminate eligibility for employment 

authorization for certain noncitizens 

who have final orders of removal but are 

temporarily released from custody on an 

order of supervision (OSUP), with 

limited exceptions. DHS also proposed 

to include new eligibility requirements 

and expand the discretionary factors 

DHS will consider for noncitizens on 

OSUP who continue to qualify for 

employment authorization under the 

new regulatory framework. DHS is 

withdrawing the November 19, 2020, 

proposed rule because Executive Orders 

13993 and 14005 have revoked the 

executive orders that were the basis for 

the proposed rule. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/19/20 85 FR 74196 

NPRM Comment 

Period End (for 

rule only).

12/21/20 

Notice of Withdrawal.05/10/21 86 FR 24751 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Steven Kvortek, 

Acting Division Chief, Security and 

Public Safety Division, Office of Policy 

and Strategy, Department of Homeland 

Security, U.S. Citizenship and 

Immigration Services, 5900 Capital 

Gateway Drive, Suite 4S190, Camp 

Springs, MD 20588–0009, Phone: 240 

721–3000. 

RIN: 1615–AC40 

130. Short-Term Extension for E-Verify 

Employers in the H–2A Program 

Legal Authority: Pub. L. 107–296, sec. 

116; 6 U.S.C. 112; 8 U.S.C. 1103(a), 

1184(a)(1), and 1324a(h)(3)(B) 

Abstract: The Department of 

Homeland Security (DHS) proposed to 

amend its regulations regarding shortterm extensions for U.S. employers 

seeking temporary or seasonal 

agricultural nonimmigrant workers in 

the H–2A program to provide a shortterm extension of the H–2A petition 

validity period by up to 2 weeks (14 

days) to petitioning employers who are 

participants in good standing in EVerify. The E-Verify petitioner may 

request the short-term extension at the 

time of the initial H–2A petition, or the 

petitioner may file a new H–2A petition 

to request the short-term extension. This 

proposal would allow H–2A workers to 

continue their H–2A employment for 

the same petitioner and under the same 

terms and conditions as the valid 

temporary labor certification and the H– 

2A petition without the requirement to 

obtain a new temporary labor 

certification from the Department of 

Labor. DHS has determined that the 

proposed regulation should be 

withdrawn. 

Timetable: 

Action Date FR Cite 

Withdrawn ........... 02/26/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Charles Nimick, 

Chief, Business and Foreign Workers 

Division, Office of Policy and Strategy, 

Department of Homeland Security, U.S. 

Citizenship and Immigration Services, 

5900 Capital Gateway Drive, Suite 

4S190, Camp Springs, MD 20588–0009, 

Phone: 240 721–3000. 

RIN: 1615–AC51 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Coast Guard (USCG) 

Proposed Rule Stage 

131. Lifejacket Approval 

Harmonization 

Legal Authority: 46 U.S.C. 3306(a); 46 

U.S.C. 3306(b); 46 U.S.C. 4102(a); 46 

U.S.C. 4102(b); 46 U.S.C. 4302(a); 46 

U.S.C. 4502(a); 46 U.S.C. 4502(c)(2)(B) 

Abstract: The Coast Guard proposes to 

amend the lifejacket approval 

requirements and follow-up program 

requirements by incorporating three 

new bi-national standards. At the same 

time, the Coast Guard proposes to 

amend lifejacket and personal flotation 

devices (PFD) carriage requirements to 

allow for the use of equipment approved 

to the new standards, and to remove 

obsolete equipment approval 


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requirements. The new standards are 

state-of-the-art and are intended to 

replace the legacy standards. The 

proposed amendments will streamline 

the process for approval of PFDs and 

allow manufacturers the opportunity to 

produce more innovative equipment 

that meets the approval requirements of 

both Canada and the United States, 

while reducing the burden for 

manufacturers in both the approval 

process and follow-up program. These 

proposed changes are expected to 

promote economic relief. The proposed 

rule is expected to promote economic 

relief by reducing the regulatory burden 

on PFD manufacturers by harmonizing 

our PFD approval standards with 

Canada, requiring less frequent 

inspections of manufacturing facilities, 

providing lower cost PFD user manuals, 

and by creating a new market in PFDs 

with a lower buoyancy rating. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jacqueline M. 

Yurkovich, Project Manager (CG–ENG– 

4), Department of Homeland Security, 

U.S. Coast Guard, 2703 Martin Luther 

King Jr. Avenue SE, STOP 7509, 

Washington, DC 20593–7509, Phone: 

202 372–1389, Email: 

jacqueline.m.yurkovich@uscg.mil. 

RIN: 1625–AC62 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Coast Guard (USCG) 

Final Rule Stage 

132. Financial Responsibility—Vessels; 

Superseded Pollution Funds (USCG– 

2017–0788) 

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 has 

proposed 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 .................. 05/13/20 85 FR 28802 

NPRM Comment 

Period End.

08/11/20 

Final Rule ............ 08/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Benjamin White, 

Project Manager, National Pollution 

Funds Center, Department of Homeland 

Security, U.S. Coast Guard, 2703 Martin 

Luther King Jr. Avenue SE, STOP 7605, 

Washington, DC 20593–7605, Phone: 

202 795–6066, Email: 

benjamin.h.white@uscg.mil. 

RIN: 1625–AC39 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Coast Guard (USCG) 

Long-Term Actions 

133. Claims Procedures Under the Oil 

Pollution Act of 1990 (USCG–2004– 

17697) 

Legal Authority: 33 U.S.C. 2713 and 

2714 

Abstract: The purpose of this project 

is to remove superseded regulations at 

33 Code of Federal Regulations (CFR) 

part 135, and to finalize the Oil 

Pollution Act of 1990 (OPA’90) claims 

procedures at 33 CFR part 136. The 

OPA’90 claims procedures, 

implementing OPA’90 section 1013 

(Claims Procedures) and section 1014 

(Designation of Source and 

Advertisement), were established by an 

interim rule, titled ‘‘Claims under the 

Oil Pollution Act of 1990’’ (Interim 

Rule) that has not been substantively 

amended since it was published in 

1992. This rulemaking supports the 

Coast Guard’s strategic goal of 

protection of natural resources. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 08/12/92 57 FR 36314 

Action Date FR Cite 

Correction ............ 09/09/92 57 FR 41104 

Interim Final Rule 

Comment Period End.

12/10/92 

Notice of Inquiry .. 11/01/11 76 FR 67385 

Notice of Inquiry 

Comment Period End.

01/30/12 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Benjamin White, 

Project Manager, National Pollution 

Funds Center, Department of Homeland 

Security, U.S. Coast Guard, 2703 Martin 

Luther King Jr. Avenue SE, STOP 7605, 

Washington, DC 20593–7605, Phone: 

202 795–6066, Email: 

benjamin.h.white@uscg.mil. 

RIN: 1625–AA03 

134. Commercial Fishing Vessels— 

Implementation of 2010 and 2012 

Legislation 

Legal Authority: 46 U.S.C. 4502 and 

5103; 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 

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 

NPRM Comment 

Period Extended End.

12/18/16 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Joseph Myers, Project 

Manager, Department of Homeland 

Security, U.S. Coast Guard, 2703 Martin 

Luther King Jr. Avenue SE, STOP 7501, 

Washington, DC 20593–7501, Phone: 


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202 372–1249, Email: joseph.d.myers@

uscg.mil. 

RIN: 1625–AB85 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Customs and Border Protection 

(USCBP) 

Long-Term Actions 

135. Importer Security Filing and 

Additional Carrier Requirements 

(Section 610 Review) 

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 and 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 

Notice of Proposed Rulemaking. 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.) 

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 Extended 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 

Action Date FR Cite 

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

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

Next Action Undetermined.

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Brian Sale, Branch 

Chief, Manifest & Conveyance Security 

Division, Cargo & Conveyance, Office of 

Field Operation, Department of 

Homeland Security, U.S. Customs and 

Border Protection, 1300 Pennsylvania 

Avenue NW, Washington, DC 20229, 

Phone: 202 325–3338, Email: 

brian.a.sale@cbp.dhs.gov. 

RIN: 1651–AA70 

136. Implementation of the Guam– 

CNMI Visa Waiver Program (Section 

610 Review) 

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

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Neyda I. Yejo, 

Program Manager, Electronic System for 

Travel Authorization, Office of Field 

Operations, Department of Homeland 

Security, U.S. Customs and Border 

Protection, 1300 Pennsylvania Avenue 

NW, Washington, DC 20229, Phone: 202 

344–2373, Email: neyda.i.yejo@

cbp.dhs.gov. 

RIN: 1651–AA77 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Immigration and Customs 

Enforcement (USICE) 

Proposed Rule Stage 

137. Visa Security Program Fee 

Legal Authority: 8 U.S.C. 1356 

Abstract: ICE seeks to enable the 

expansion of the Visa Security Program 

(VSP) by proposing to move it to a userfee funded model (as opposed to relying 

on appropriations). The VSP leverages 

resources in the National Capital Region 

(NCR) and at U.S. diplomatic posts 

overseas to vet and screen visa 

applicants; identifies and prevents the 

travel of those who constitute potential 

national security and/or public safety 

threats; and launches investigations into 

criminal and/or terrorist affiliated 

networks operating in the U.S. and 

abroad. The fees collected as a result of 

this rule would fund an expansion of 

the VSP, enabling ICE to extend visa 

security screening and vetting 

operations and investigative efforts to 

more visa-issuing posts overseas, and in 

turn, enhance the U.S. government’s 


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ability to prevent travel to the United 

States by illicit actors. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Sharon Hageman, 

Regulations Unit Chief, Department of 

Homeland Security, U.S. Immigration 

and Customs Enforcement, 500 12th 

Street SW, Mail Stop 5006, Washington, 

DC 20536, Phone: 202 732–6960, Email: 

sharon.hageman@ice.dhs.gov. 

RIN: 1653–AA77 

138. Establishing a Fixed Time Period 

of Admission and an Extension of Stay 

Procedure for Nonimmigrant Academic 

Students, Exchange Visitors, and 

Representatives of Foreign Information 

Media 

Legal Authority: 8 U.S.C. 1101; 8 

U.S.C. 1103; 8 U.S.C. 1182 and 1184 

Abstract: DHS intends to withdraw 

this proposed rule. U.S. Immigration 

and Customs Enforcement (ICE) 

originally proposed modifying the 

period of authorized stay for certain 

categories of nonimmigrants traveling to 

the United States by eliminating the 

availability of ‘‘duration of status’’ and 

by providing a maximum period of 

authorized stay with options for 

extensions for each applicable visa 

category. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/25/20 85 FR 60256 

NPRM Comment 

Period End.

10/26/20 

Notice of Withdrawal.06/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Sharon Hageman, 

Regulations Unit Chief, Department of 

Homeland Security, U.S. Immigration 

and Customs Enforcement, 500 12th 

Street SW, Mail Stop 5006, Washington, 

DC 20536, Phone: 202 732–6960, Email: 

sharon.hageman@ice.dhs.gov. 

RIN: 1653–AA78 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Immigration and Customs 

Enforcement (USICE) 

Completed Actions 

139. Adjusting Program Fees for the 

Student and Exchange Visitor Program 

Legal Authority: 8 U.S.C. 1372(e); 8 

U.S.C. 1372(g); 8 U.S.C. 1356(m); 8 

U.S.C. 1356(n) 

Abstract: DHS has determined that 

the proposed regulation entry should be 

withdrawn from the Unified Agenda. 

ICE intended to propose a regulation to 

adjust fees that the Student and 

Exchange Visitor Program (SEVP) 

charges individuals and organizations to 

improve compliance and enforcement 

related to nonimmigrant students. The 

SEVP fee schedule was last adjusted in 

a rule published on May 23, 2019. 

Timetable: 

Action Date FR Cite 

Withdrawn ........... 03/08/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Sharon Hageman, 

Regulations Unit Chief, Department of 

Homeland Security, U.S. Immigration 

and Customs Enforcement, 500 12th 

Street SW, Mail Stop 5006, Washington, 

DC 20536, Phone: 202 732–6960, Email: 

sharon.hageman@ice.dhs.gov. 

RIN: 1653–AA81 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

Cybersecurity and Infrastructure 

Security Agency (CISA) 

Proposed Rule Stage 

140. Ammonium Nitrate Security 

Program 

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

Abstract: The Cybersecurity and 

Infrastructure Security Agency (CISA) is 

proposing a rulemaking to implement 

the December 2007 amendment to the 

Homeland Security Act titled ‘‘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.’’ CISA previously issued a 

Notice of Proposed Rulemaking (NPRM) 

on August 3, 2011. CISA is planning to 

issue a Supplemental Notice of 

Proposed Rulemaking (SNPRM). 

Timetable: 

Action Date FR Cite 

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

ANPRM 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 

Notice of Availability.06/03/19 84 FR 25495 

Notice of Availability Comment 

Period End.

09/03/19 

Supplemental 

NPRM.

11/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Lona Saccomando, 

Chemical Facility of Interest (CFOI) 

Coordinator, Department of Homeland 

Security, Cybersecurity and 

Infrastructure Security Agency, 245 

Murray Lane SW, Mail Stop 0610, 

Arlington, VA 20528–0610, Phone: 703 

603–4898, Email: lona.saccomando@

cisa.dhs.gov. 

RIN: 1670–AA00 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

Cybersecurity and Infrastructure 

Security Agency (CISA) 

Long-Term Actions 

141. Chemical Facility Anti-Terrorism 

Standards (CFATS) 

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

Abstract: The Cybersecurity and 

Infrastructure Security Agency (CISA) 

previously invited public comment on 

an Advance Notice of Proposed 

Rulemaking (ANPRM) for potential 

revisions to the Chemical Facility AntiTerrorism Standards (CFATS) 

regulations. The ANPRM provided an 

opportunity for the public to provide 

recommendations for possible program 

changes. Taking into consideration the 

comments received, the Cybersecurity 

and Infrastructure Security Agency 

(CISA) has determined to limit the 

scope of this rulemaking to improving 

Appendix A to the CFATS regulations 

and address concerns with releaseflammable security issues. Additionally, 

in June 2020, CISA published a notice 

announcing the availability of a 

retrospective analysis of the data, 

assumptions, and methodology that 

were used to support the 2007 CFATS 

interim final rule and provided the 


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public an opportunity to provide 

comment. CISA is reviewing the 

comments received on the retrospective 

analysis and determining the next 

appropriate step for this rulemaking. 

Timetable: 

Action Date FR Cite 

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

Action Date FR Cite 

ANPRM Comment 

Period End.

10/17/14 

Next Action Undetermined.

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Lona Saccomando, 

Chemical Facility of Interest (CFOI) 

Coordinator, Department of Homeland 

Security, Cybersecurity and 

Infrastructure Security Agency, 245 

Murray Lane SW, Mail Stop 0610, 

Arlington, VA 20528–0610, Phone: 703 

603–4898, Email: lona.saccomando@

cisa.dhs.gov. 

RIN: 1670–AA01 

[FR Doc. 2021–14871 Filed 7–29–21; 8:45 am] 

BILLING CODE 9110–9B–P 


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