This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

21582 

Vol. 87, No. 70 

Tuesday, April 12, 2022 

1See, e.g., 49 CFR part 176. 

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Part 258 

[Docket No. USCBP–2022–0016] 

RIN 1651–AB20 

Procedures for Debarring Vessels 

From Entering U.S. Ports 

AGENCY: U.S. Customs and Border 

Protection (CBP), Department of 

Homeland Security (DHS). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Immigration and 

Nationality Act (INA) requires the 

Department of Homeland Security 

(DHS) to debar from entering U.S. ports 

any or all vessels owned or chartered by 

an entity found to be in violation of 

certain laws and regulations relating to 

the performance of longshore work by 

nonimmigrant crew members. This 

document proposes to amend DHS 

regulations to set forth the procedures 

regarding the debarment of such vessels 

from entering U.S. ports. 

DATES: Comments must be received on 

or before June 13, 2022. 

ADDRESSES: Please submit comments, 

identified by docket number, by the 

following method: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

via docket number [USCBP–2022–0016]. 

Due to COVID–19-related restrictions, 

CBP has temporarily suspended its 

ability to receive public comments by 

mail. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. All 

comments received will be posted 

without change to https://

www.regulations.gov, including any 

personal information provided. 

Docket: For access to the docket to 

read background documents or 

comments received, go to https://

www.regulations.gov. Due to relevant 

COVID–19-related restrictions, CBP has 

temporarily suspended its on-site public 

inspection of submitted comments. 

FOR FURTHER INFORMATION CONTACT: R. 

Joseph O’Donnell, Jr., Fines, Penalties 

and Forfeitures Division, Office of Field 

Operations, U.S. Customs and Border 

Protection, at 202–344–1691 or 

joseph.r.odonnell@cbp.dhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

Interested persons are invited to 

participate in this rulemaking by 

submitting written data, views, or 

arguments on all aspects of the notice of 

proposed rulemaking. The Department 

of Homeland Security (DHS or 

Department) also invites comments that 

relate to the economic, environmental, 

or federalism effects that might result 

from this proposal. 

Comments that will provide the most 

assistance to the Department in 

developing these procedures will 

reference a specific portion of the 

proposed rule, explain the reason for 

any recommended change, and include 

data, information, or authority that 

support such recommended change. 

II. Background 

A. Purpose and Legal Authority 

The Immigration and Nationality Act 

(INA) (Pub. L. 82–414, 66 Stat. 163 

(1952)), as amended, addresses whether 

nonimmigrants may be admitted into 

the United States and, if so, under what 

conditions. Section 258 of the INA 

prohibits alien crew members (classified 

as nonimmigrants under INA 

101(a)(15)(D)) from entering the United 

States in order to perform longshore 

work, subject to certain statutory 

exceptions. See 8 U.S.C. 1288; see also 

8 U.S.C. 1101(a)(15)(D) and 1184(f). 

Longshore work is defined as any 

activity in the United States or in U.S. 

coastal waters relating to the loading or 

unloading of cargo, the operation of 

cargo-related equipment (whether or not 

integral to the vessel), and the handling 

of mooring lines on the dock when the 

vessel is made fast or let go. See INA 

258(b)(1) (8 U.S.C. 1288(b)(1)). 

Longshore work does not include the 

loading or unloading of certain cargo 

including oil and hazardous substances 

and materials for which the Secretary of 

Transportation has prescribed 

regulations governing cargo handling or 

storage; the manning of vessels and the 

duties, qualifications, and training of 

the officers and crew of vessels carrying 

such cargo; and the reduction or 

elimination of discharge during 

ballasting, tank cleaning, and handling 

of such cargo.1 See INA 258(b)(2) (8 

U.S.C. 1288(b)(2)). DHS regulations 

implementing this statutory prohibition 

are set forth in title 8 of the Code of 

Federal Regulations (CFR) parts 251 and 

258. 

The INA authorizes DHS and the 

Secretary of Labor to investigate 

violations of and enforce the INA 

provisions relating to the performance 

of longshore work by nonimmigrant 

crew members. Specifically, DHS is 

authorized to issue a fine for the illegal 

performance of longshore work and is 

required, upon notification of a 

violation from the Secretary of Labor, to 

debar any vessel owned or chartered by 

the violating entity from entering U.S. 

ports for a period not to exceed one 

year. See INA 251(d) and 258(c)(4)(E)(i) 

(8 U.S.C. 1281(d) and 1288(c)(4)(E)(i)); 8 

CFR 258.1(a)(2). DHS has delegated to 

U.S. Customs and Border Protection 

(CBP) the authority to enforce and 

administer INA provisions relating to 

longshore work, including the authority 

to issue a fine and debar a vessel. See 

DHS Delegation No. 7010.3(B)(11) 

(Revision No. 03.1). 

Although the regulations (8 CFR part 

280) specify the procedures CBP will 

follow prior to imposing a fine for a 

violation of the INA, including how an 

entity may contest or seek mitigation of 

a fine, there currently are no regulations 

that specify the procedures for debarring 

vessels. This was illuminated in 2009 

and 2010, when CBP received a 

notification of violation from the 

Secretary of Labor. CBP served the 

violating entity (identified in the 

notification received from the Secretary 

of Labor) a letter by registered mail 

indicating CBP’s intent to debar the 

vessels owned or chartered by the 

violating entity. CBP provided the 

violating entity with the opportunity to 

request mitigation, meet with CBP, and 

present evidence and any briefs in 

support of the request for mitigation. 

CBP considered all of the relevant 

evidence and determined an appropriate 

debarment, which was communicated to 

the violating entity in writing by 

registered mail. In order to establish 

consistent, fair, and transparent 


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2The exceptions are set forth in the Department 

of Labor regulations in title 20 of the CFR. For 

information on the reciprocity exception, see 20 

CFR 655.500(a)(1)(i). For information on the 

prevailing practice exception, see 20 CFR 655.510. 

For information on the State of Alaska exception, 

see 20 CFR 655.530–655.541. 

3An attestation is required in order to invoke the 

prevailing practice exception when there is no 

collective bargaining agreement or when the 

Secretary of Labor has announced that an 

attestation is required to use an automated selfunloading conveyor belt or vacuum-actuated 

system. See 8 U.S.C. 1288(c)(1)(A)(i) and 

1288(c)(1)(B); 20 CFR 655.500(b)(2), 655.510(a), and 

655.520. 

debarment procedures, DHS proposes 

amending 8 CFR part 258 to set forth the 

debarment procedures. The proposed 

procedures generally codify the steps 

CBP took in its 2009 and 2010 

debarments, which were the only times 

CBP has conducted debarments, while 

clarifying and formalizing the process 

and procedures for both CBP and the 

violating entity subject to the 

debarment. 

B. INA Exceptions Authorizing 

Longshore Work by Nonimmigrant Crew 

Members 

Subject to certain exceptions, 

nonimmigrant crew members are 

prohibited from performing longshore 

work in the United States or in U.S. 

coastal waters. See INA 258 (8 U.S.C. 

1288); 8 CFR 258.1 and 8 CFR 258.2. 

The exceptions are (1) the prevailing 

practice exception; (2) the State of 

Alaska exception; and (3) the reciprocity 

exception. See 8 U.S.C. 1288(c)–(e); 8 

CFR 258.2.2 Prior to the performance of 

longshore work under any of the 

exceptions, the vessel master or agent 

who uses nonimmigrant crew members 

must comply with regulations and 

procedures of both the Department of 

Labor (DOL) and CBP. If the Secretary 

of Labor determines that the entity has 

failed to follow DOL regulations 

regarding these statutory exceptions and 

that a violation has occurred, the DOL 

will notify CBP as set forth below. 

DOL Procedures and Enforcement 

Pursuant to DOL regulations, in order 

to invoke either the prevailing practice 

exception (under certain circumstances) 

or the State of Alaska exception, the 

vessel master or agent who uses 

nonimmigrant crew members must file 

an attestation with the Secretary of 

Labor prior to the performance of any 

longshore work.3 See 20 CFR 655.510 

and 655.530–655.541. The attestation 

must specify which exception the vessel 

master or agent is invoking, contain the 

required attestation elements, and be 

accompanied by facts and evidence 

demonstrating that the particular 

exception is applicable. See 20 CFR 

655.510 and 655.533. 

The Secretary of Labor has the 

authority to investigate alleged 

violations of the INA relating to the 

performance of longshore work, 

including any violations arising out of 

an attestation. See 20 CFR 655.600 and 

655.605. If the Secretary of Labor 

investigates an alleged violation and 

makes a final determination that the 

vessel master or agent has failed to meet 

a condition attested to or has 

misrepresented a material fact in an 

attestation, the Secretary must notify 

CBP of the violation. INA 258(c)(4)(E)(i) 

and 258(d)(5)(A) (8 U.S.C. 

1288(c)(4)(E)(i) and 1288(d)(5)(A)). The 

Secretary of Labor may also impose a 

civil monetary penalty for each 

nonimmigrant crew member with 

respect to whom there has been a 

violation of the INA. INA 258(c)(4)(E)(i) 

(8 U.S.C. 1288(c)(4)(E)(i)); 20 CFR 

655.620. 

CBP Procedures and Enforcement 

After filing any necessary attestation 

with the Secretary of Labor, the owner 

or master of a vessel intending to invoke 

one of the exceptions must deliver to 

CBP the Passenger List and Crew List 

(CBP Form I–418 or its electronic 

equivalent), indicate that nonimmigrant 

crew members will perform longshore 

work, and specify under which 

exception the work is permitted. See 8 

CFR 251.1(a)(2) and 258.3. A vessel 

owner or operator must also submit any 

documentation required pursuant to 8 

CFR 258.2. In order to rely on the 

exceptions that require an attestation, 

the vessel master or agent must present 

to CBP the notification received from 

the Secretary of Labor that the required 

attestation has been accepted. 8 CFR 

258.2(b)(2)(iii). 

Upon notification of a violation from 

the Secretary of Labor that the vessel 

master or agent has failed to meet a 

condition attested to or has 

misrepresented a material fact in an 

attestation, CBP is required to debar any 

vessel or vessels owned or chartered by 

the violating entity from entering U.S. 

ports for a period not to exceed one 

year. INA 258(c)(4)(E)(i) and 

258(d)(5)(A) (8 U.S.C. 1288(c)(4)(E)(i) 

and 1288(d)(5)(A)). 

Additionally, CBP may investigate 

violations of the INA relating to 

longshore work and may impose a 

monetary fine on an owner, agent, 

consignee, master, or commanding 

officer who permits nonimmigrant crew 

members to perform longshore work in 

a manner inconsistent with the INA. 

INA 251(d) (8 U.S.C. 1281(d)); 8 CFR 

258.1(a)(2). 

III. Proposed Amendments 

This document proposes to add to the 

regulations the procedures CBP will 

follow in order to debar vessels from 

entering U.S. ports after receiving a 

notification of a violation from the 

Secretary of Labor pursuant to 8 CFR 

part 258. The relevant details are 

provided below. 

Part 258 

8 CFR part 258 sets forth the 

regulations regarding the limitations on 

the performance of longshore work by 

nonimmigrant crew members. Section 

258.1 sets forth the general prohibition 

of nonimmigrants performing longshore 

work, other than pursuant to the 

specified exceptions, and provides 

definitions. Section 258.2 describes the 

exceptions under which nonimmigrant 

crew members may perform longshore 

work in the United States. Section 258.3 

describes the actions a master or agent 

of a vessel must take in order to rely on 

one of the exceptions. 

In this document, DHS proposes to 

add a new § 258.4, which will outline 

procedures for debarring vessels 

following notification from the 

Secretary of Labor, including how CBP 

determines the debarment and how the 

violating entity may request mitigation. 

In general, the proposed debarment 

procedures would require CBP to issue 

a notice of intent to debar, which would 

be served on the violating entity. CBP 

would also provide an opportunity for 

the violating entity to file an answer, 

submit documentary evidence, and 

request a mitigation meeting with CBP. 

The proposed procedures also require 

CBP to issue a final order of debarment. 

The details of proposed § 258.4 are set 

forth below. 

A. Definitions Applicable to CBP’s 

Debarment Proceedings 

Proposed paragraph (a) sets forth 

definitions for the following terms for 

purposes of CBP’s debarment 

proceedings: Good cause, mitigation, 

and mitigation meeting. Good cause, for 

purposes of extending the deadline for 

filing an answer in CBP’s debarment 

proceedings, would include instances in 

which the violating entity is 

experiencing technical difficulties 

affecting its ability to receive, process, 

or transmit relevant information or data; 

natural disasters that affect the violating 

entity’s ability to retrieve, process, or 

transmit relevant information or data; 

or, other instances in which CBP, in its 

discretion, determines an undue 

hardship warrants an extension of the 

deadline for filing an answer. A 

mitigation meeting, for purposes of 


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4A notice of intent to debar will debar only one 

violating entity. If there is more than one violating 

entity, separate notices will be issued to each. 

5 Good cause, for purposes of extending the 

deadline for filing an answer, includes: Technical 

difficulties or natural disasters that affect the 

violating entity’s ability to receive, process, or 

transmit relevant information or data; or other 

instances in which CBP, in its discretion, 

determines an undue hardship on the violating 

entity warrants an extension of the deadline for 

filing an answer. 

6A violating entity may mitigate its length of 

debarment by showing that a specific period of 

debarment would have a negative impact on the 

U.S. economy and/or U.S. citizens/consumers. 

Examples of this would include showing that a 

specific period of business activity (i.e., fishing 

season) would be negatively impacted if a vessel 

were debarred, or that a vessel will be transporting 

produce or a type of perishable consumer good to 

the United States within a specific time frame for 

which debarment would be detrimental. 

7The violating entity may request a mitigation 

meeting to mitigate the length of the debarment 

period, the ports covered by the debarment, and the 

number of vessels subject to the debarment. 

8See, e.g., 8 CFR 204.1(f)(3), 274a.2(b)(1)(i)(A). 

See also 8 CFR 1003.33 (Department of Justice 

Executive Office for Immigration Review’s rule on 

documents submitted to the immigration court). 

9The information received from the Secretary of 

Labor, evidence or arguments timely presented by 

the entity subject to the debarment, and any other 

relevant factors that CBP considers in its 

determination of the debarment will be disclosed in 

its final determination of debarment to the violating 

entity. 

CBP’s debarment proceedings, would be 

a personal appearance before a 

designated CBP official in which 

representatives of the violating entity 

can provide information and explain 

why CBP should mitigate the 

debarment. Mitigation in a debarment 

proceeding would mean determining 

the length of the debarment, the ports 

covered by the debarment, and the 

vessels subject to the debarment. It does 

not include revocation of the 

requirement to debar. 

B. Notice of Intent To Debar 

Proposed paragraph (b) sets forth the 

procedures pertaining to the issuance of 

a notice of intent to debar and specifies 

the information to be included in such 

notice and the rights of the violating 

entity. It provides that CBP will cause 

the notice of intent to debar to be served 

on the entity subject to the debarment 

by a method that demonstrates receipt 

by the addressee, such as certified mail 

with return receipt or express courier 

delivery, and provides that the date of 

service is the date of receipt. 

It further provides that the notice of 

intent to debar will include the 

following information: The proposed 

period of debarment, not to exceed one 

year; the ports covered by the proposed 

debarment; a brief explanation of CBP’s 

reasons for the proposed debarment; 

and the applicable statutory and 

regulatory authority for the proposed 

debarment. The notice will also notify 

the entity subject to the proposed 

debarment that it may file an answer 

and request a mitigation meeting and 

will set forth the procedures for doing 

so. The notice of intent to debar will 

also notify the violating entity that in 

the absence of a timely filed answer, the 

proposed debarment will become final 

30 days after service of the notice of 

intent to debar. 

C. Answer; Request for Mitigation 

Meeting 

Proposed paragraph (c) covers the 

procedures relating to filing an answer 

and supporting documentation with 

CBP and requesting mitigation and a 

mitigation meeting. It provides that all 

notifications and correspondences 

between CBP and the violating entity 

with respect to the debarment 

proceedings will be done in writing and 

transmitted using certified mail or 

express courier.4 It further provides that 

an entity that receives a notice of intent 

to debar will have 30 days from service 

of the notice to file an answer with CBP, 

but permits CBP, in its discretion, to 

extend the deadline for filing an answer 

up to an additional 30 days upon a 

showing of good cause.5 It further 

provides that the answer must be filed 

by the entity identified in the notice of 

intent to debar, or its authorized 

representative. The answer must be 

dated, typewritten or legibly written, 

signed under oath, and include the 

address at which the entity, or its 

authorized representative, desires to 

receive further communications. The 

answer must set forth specific reasons 

why the proposed debarment should be 

mitigated and state whether a mitigation 

meeting is requested.6 It further 

specifies that a mitigation meeting will 

be conducted if the entity subject to the 

proposed debarment requests one or if 

directed at any time by CBP.7

Proposed paragraph (c) also provides 

that if an entity requests mitigation, it 

must submit to CBP both an answer and 

documentary evidence in support of the 

request for mitigation. The entity is also 

permitted to file a brief in support of 

any arguments made. If a mitigation 

meeting is requested, the entity may 

present evidence in support of any 

request for mitigation at that time. CBP 

can require that the answer and any 

supporting documentation be in English 

or be accompanied by an English 

translation, certified by a competent 

translator.8

D. Disposition of Case 

Proposed paragraph (d) states how 

CBP will determine a final order of 

debarment for each case. Specifically, 

proposed paragraph (d) states that if an 

entity that receives service of a notice of 

intent to debar does not timely file an 

answer or if the entity admits the 

allegations and does not request 

mitigation or a mitigation meeting, the 

proposed debarment will automatically 

become a final order of debarment 30 

days after service of the notice of intent 

to debar. If CBP grants a good cause 

extension to the deadline for filing an 

answer, but no answer is timely filed, 

the proposed debarment will 

automatically become a final order of 

debarment when the time for filing an 

answer expires. If an entity timely files 

an answer that requests mitigation or a 

mitigation meeting, CBP will determine 

a final debarment and will issue to the 

entity a final order of debarment in 

writing. No appeal from a final order of 

debarment will be available. 

E. Debarment 

Proposed paragraph (e) states that 

CBP will determine a proposed 

debarment or a final debarment by 

considering the information received 

from the Secretary of Labor in the notice 

of violation, any evidence or arguments 

timely presented by the entity subject to 

the debarment, and any other relevant 

factors.9 Other relevant factors include, 

but are not limited to, the entity’s 

previous history of violations of any 

provision of the INA, the number of U.S. 

workers adversely affected by the 

violation, the gravity of the violation, 

the entity’s efforts to comply in good 

faith with regulatory and statutory 

requirements governing performance of 

longshore work by nonimmigrant crew 

members, the entity’s remedial efforts 

and commitment to future compliance, 

the extent of the entity’s cooperation 

with the investigation, and the entity’s 

financial gain/loss due to the violation. 

CBP will also consider the potential 

financial loss, injury, or adverse effect to 

other parties, including U.S. workers, 

likely to result from the debarment, 

including whether the debarment is 

likely to result in the loss of job 

opportunities for U.S. workers. 

CBP will submit final orders of 

debarment to all U.S. ports of entry, 

prohibiting entry of the violating 

entity’s vessel(s) during the debarment. 

CBP will send a notice of final order to 

each violating entity. CBP will also send 

a notice of final order to any entity that 

has submitted a request to CBP of 

interest in the debarment proceeding. 


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10The required DOL attestations are covered by 

OMB Control Number 1205–0309. 

F. Notice of Completion of Debarment 

and Record 

Proposed paragraph (f) states that 

upon completion of the debarment, CBP 

will send a notice to all interested 

parties, including the entity subject to 

the debarment and the relevant U.S. 

ports of entry, that the entity subject to 

the debarment has completed the 

debarment and is once again permitted 

to enter U.S. ports. Additionally, 

proposed paragraph (g) states that CBP 

will keep a complete record of the 

debarment proceedings. CBP will retain 

the records for 5 years, after which the 

records will be sent to the National 

Archives. Records retention and access 

to records will conform to the Records 

Retention Schedule and Freedom of 

Information Act. 

IV. Statutory and Regulatory Analysis 

A. Executive Orders 12866 and 13563 

Executive Orders 13563 and 12866 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule is 

not a ‘‘significant regulatory action,’’ 

under section 3(f) of Executive Order 

12866. Accordingly, the Office of 

Management and Budget (OMB) has not 

reviewed this regulation. 

Pursuant to section 258 of the INA, 

CBP is required to debar vessels. This 

rule does not create that requirement. 

Rather, this proposed rule would codify 

and clarify existing practice, with some 

exceptions, that CBP follows in carrying 

out that requirement. Accordingly, even 

without this rule, CBP still has the 

authority to debar vessels. This rule is 

being proposed to avoid confusion and 

to have, in writing, a clear and 

consistent process for the debarment of 

vessels. 

CBP has debarred vessels in only two 

instances in the agency’s recorded 

history, in 2009 and 2010. As described 

above, the proposed rule would 

generally codify the procedures CBP 

followed when debarring vessels in 

2009 and 2010, with changes only to the 

type of mail service CBP uses to serve 

notices of intent to debar. The process 

CBP follows for debarring vessels is not 

changing as a result of this rule. 

Therefore, this rule has no economic 

impact on violating entities. 

B. Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.), as amended by the 

Small Business Regulatory Enforcement 

and Fairness Act of 1996, requires 

agencies to assess the impact of 

regulations on small entities. A small 

entity may be a small business (defined 

as any independently owned and 

operated business not dominant in its 

field that qualifies as a small business 

per the Small Business Act); a small notfor-profit organization; or a small 

governmental jurisdiction (locality with 

fewer than 50,000 people). As explained 

above, pursuant to section 258 of the 

INA, CBP is required to debar vessels. 

This rule does not create that 

requirement. Rather, this proposed rule 

would codify and clarify the existing 

procedures, with some exceptions, that 

CBP follows in carrying out that 

requirement. These procedures are 

seldom used as CBP has debarred 

vessels in only two instances—in 2009 

and in 2010. Furthermore, CBP is 

generally adopting existing practices, 

and costs to violating entities would not 

change as a result of this rule. Therefore, 

CBP certifies that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act (PRA) 

of 1995 (44 U.S.C. 3507(d)) requires that 

CBP consider the impact of paperwork 

and other information collection 

burdens imposed on the public. An 

agency may not conduct, and a person 

is not required to respond to, a 

collection of information unless the 

collection of information displays a 

valid control number assigned by the 

Office of Management and Budget. 

There is no information collection 

associated with this proposed rule, so 

the provisions of the PRA do not 

apply.10

V. Signing Authority 

This proposed regulation is being 

issued in accordance with 19 CFR 0.2(a) 

pertaining to the Secretary of Homeland 

Security’s authority (or that of his 

delegate) to approve regulations that are 

not related to customs revenue 

functions. 

List of Subjects in 8 CFR Part 258 

Aliens, Longshore and harbor 

workers, Reporting and recordkeeping 

requirements, Seaman. 

Proposed Regulatory Amendments 

Amendments to the Regulations 

For the reasons stated in the 

preamble, DHS proposes to amend part 

258 of title 8 CFR (8 CFR part 258) as 

set forth below. 

PART 258—LIMITATIONS ON 

PERFORMANCE OF LONGSHORE 

WORK BY ALIEN CREWMEN 

■ 1. The authority citation for part 258 

continues to read as follows: 

Authority: 8 U.S.C. 1101, 1103, 1281; 8 

CFR part 2. 

■ 2. Add § 258.4 to read as follows: 

§ 258.4 Debarment of vessels. 

(a) Definitions. The following 

definitions apply throughout this 

section: 

Good cause, for purposes of extending 

the deadline for filing an answer, 

include: Technical difficulties or natural 

disasters that affect the violating entity’s 

ability to receive, process, or transmit 

relevant information or data; or other 

instances in which CBP, in its 

discretion, determines that an undue 

hardship on the violating entity 

warrants an extension of the deadline 

for filing an answer. 

Mitigation in a debarment proceeding 

means determining the length of the 

debarment, the ports covered by the 

debarment, and the vessels subject to 

the debarment. It does not include 

revocation of the requirement to debar. 

Mitigation meeting is a personal 

appearance before a designated CBP 

official in which representatives of the 

violating entity can provide information 

and explain why CBP should mitigate 

the debarment. 

(b) Notice of intent to debar—(1) 

Issuance of notice. Upon receipt of a 

notice of violation from the Secretary of 

Labor pursuant to section 258 of the 

Immigration and Nationality Act (8 

U.S.C. 1288(c)(4)(E)(i)), CBP will serve a 

notice of intent to debar on the entity 

subject to the notice of violation, as 

provided in paragraph (b)(3) of this 

section. 

(2) Contents of notice. The notice of 

intent to debar will include the 

following: 

(i) The proposed period of debarment, 

not to exceed 1 year; 

(ii) The ports covered by the proposed 

debarment; 

(iii) A brief explanation of the reasons 

for the proposed debarment; 

(iv) The statutory and regulatory 

authority for the proposed debarment; 

(v) A statement that the entity subject 

to the debarment may file an answer 

and request a mitigation meeting 

pursuant to paragraph (c) of this section; 


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(vi) The procedures for filing an 

answer and requesting a mitigation 

meeting, including the date by which 

the answer must be received and the 

address to which it may be submitted; 

and 

(vii) A statement that in the absence 

of a timely filed answer, the proposed 

debarment will become final 30 days 

after service of the notice of intent to 

debar. 

(3) Service. The notice of intent to 

debar will be served by a method that 

demonstrates receipt, such as certified 

mail with return receipt or express 

courier delivery, by the entity identified 

in the notice of violation received from 

the Secretary of Labor. The date of 

service is the date of receipt. 

(c) Answer; request for mitigation 

meeting—(1) General. Any entity upon 

which the notice has been served, or its 

authorized representative, may file with 

CBP an answer that indicates the 

specific reasons why the proposed 

debarment should be mitigated and 

whether a mitigation meeting is 

requested. CBP must receive the answer 

within 30 days from the date of service 

of the notice of intent to debar. 

(2) Procedures—(i) Form. The answer 

must be dated, typewritten or legibly 

written, signed under oath, and include 

the address at which the entity or its 

authorized representative desires to 

receive further communications. CBP 

may require that the answer and any 

supporting documentation be in English 

or be accompanied by an English 

translation certified by a competent 

translator. 

(ii) Supporting documentation 

required. In addition to an answer, any 

entity responding to a notice of intent to 

debar must submit documentary 

evidence in support of any request for 

mitigation and may file a brief in 

support of any arguments made. The 

entity may present evidence in support 

of any request for mitigation at a 

mitigation meeting. 

(iii) Mitigation meeting. A mitigation 

meeting will be conducted if requested 

by the entity subject to the proposed 

debarment in accordance with the 

requirements of this section, or if 

directed at any time by CBP. 

(iv) Good cause extension. CBP, in its 

discretion, may extend the deadline for 

filing an answer up to an additional 30 

days from the original receipt of CBP’s 

notice upon a showing of good cause. 

Upon receipt of a request to extend the 

deadline for filing an answer, CBP will 

respond to the request for an extension 

within 5 business days by certified mail 

or express courier. 

(d) Disposition of case—(1) No 

response filed or allegations not 

contested. If no answer is timely filed or 

the answer admits the allegations in the 

notice of intent to debar and does not 

request mitigation or a mitigation 

meeting, the proposed debarment 

specified in the notice of intent to debar 

automatically will become a final order 

of debarment 30 days after service of the 

notice of intent to debar. If CBP grants 

a good cause extension pursuant to 

paragraph (c)(2)(iv) of this section, and 

no answer is timely filed, the proposed 

debarment automatically will become a 

final order of debarment when the time 

for filing an answer expires. 

(2) Answer filed; mitigation meeting 

requested. If an answer is timely filed 

that requests mitigation and/or a 

mitigation meeting, CBP will determine 

a final debarment in accordance with 

paragraph (e) of this section. 

(3) Unavailability of appeal. The final 

order of debarment is not subject to 

appeal. 

(4) Notice of final order of debarment. 

(i) CBP will issue to the entity subject 

to the debarment a final order of 

debarment in writing. 

(ii) CBP will send notice, by certified 

mail or express courier, to all interested 

parties, including the relevant U.S. ports 

of entry, that the entity subject to the 

debarment is debarred and stating the 

terms of the debarment. 

(e) Debarment—(1) Generally. In 

determining a proposed debarment and 

a final debarment, CBP will consider the 

information received from the Secretary 

of Labor, any evidence or arguments 

timely presented by the entity subject to 

the debarment, and any other relevant 

factors. 

(2) Other relevant factors. Other 

relevant factors include, but are not 

limited to, the following: 

(i) The previous history of violations 

of any provision of the INA by the entity 

subject to the debarment; 

(ii) The number of U.S. workers 

adversely affected by the violation; 

(iii) The gravity of the violation; 

(iv) The efforts made by the entity 

subject to the debarment to comply in 

good faith with the regulatory and 

statutory requirements governing 

performance of longshore work by 

nonimmigrant crewmen; 

(v) The remedial efforts by the entity 

subject to the debarment; 

(vi) The commitment to future 

compliance by the entity subject to the 

debarment; 

(vii) The extent of cooperation with 

the investigation by the entity subject to 

the debarment; 

(viii) The extent of financial gain/loss 

to the entity subject to the debarment 

due to the violation; and 

(ix) The potential financial loss, 

injury, or adverse effect to other parties, 

including U.S. workers, likely to result 

from the debarment. 

(f) Notice of completion of debarment. 

Upon completion of any debarment, 

CBP will send notice, by certified mail 

or express courier, to all interested 

parties, including the entity subject to 

the debarment, and the relevant U.S. 

ports of entry, that the entity subject to 

the debarment has completed the 

debarment and is once again permitted 

to enter U.S. ports. 

(g) Record. CBP will keep a record of 

the debarment proceedings which 

includes, but is not limited to, the 

materials exchanged between CBP and 

the parties. Records will be retained in 

accordance with CBP’s Records 

Retention Schedule and Freedom of 

Information Act. 

Alejandro N. Mayorkas, 

Secretary, U.S. Department of Homeland 

Security. 

[FR Doc. 2022–07774 Filed 4–11–22; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2022–0253; Airspace 

Docket No. 21–ANM–09] 

RIN 2120–AA66 

Proposed Amendment of Class E 

Airspace; Coeur D’Alene—Pappy 

Boyington Field, ID 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

modify the Class E surface airspace, and 

the Class E airspace extending upward 

from 700 feet above the surface at Coeur 

D’Alene—Pappy Boyington Field, ID. 

These airspace modifications support 

the addition of the RNAV GPS RWY 2 

Instrument Approach Procedure (IAP, 

and the removal of the VOR/DME RWY 

2 IAP at the airport). Additionally, this 

action proposes updates to the legal 

description. The Airport’s location and 

use of the term ‘‘Notice to Airmen’’ are 

not correct and will require 

modification. These actions will ensure 

the safety and management of IFR 

operations at the airport. 

DATES: Comments must be received on 

or before May 27, 2022. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 


khammond on DSKJM1Z7X2PROD with PROPOSALS