Vol. 82 Thursday, 

No. 163 August 24, 2017 

Part VIII 

Department of Homeland Security 

Semiannual Regulatory Agenda 

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40290 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / 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 current and 

projected rulemakings, existing 

regulations, and completed actions of 

the Department of Homeland Security 

(DHS) and its components. This agenda 

provides the public with information 

about DHS’s regulatory activity. DHS 

expects that this information will enable 

the public to be more aware of, and 

effectively participate in, the 

Department’s regulatory activity. DHS 

invites the public to submit comments 

on any aspect of this agenda. 

FOR FURTHER INFORMATION CONTACT: 

General 

Please direct general comments and 

inquiries on the agenda to the 

Regulatory Affairs Law Division, 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 regulatory 

actions identified in this agenda to the 

individual listed in the summary of the 

regulation as the point of contact for 

that regulation. 

SUPPLEMENTARY INFORMATION: DHS 

provides this notice pursuant to the 

requirements of the Regulatory 

Flexibility Act (Pub. L. 96–354, 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 current and 

projected rulemakings, as well as 

actions completed since the publication 

of the last regulatory agenda for the 

Department. DHS’s last semiannual 

regulatory agenda was published on 

December 23, 2016, at 81 FR 94756. 

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: April 3, 2017. 

Christina E. McDonald, 

Associate General Counsel for Regulatory 

Affairs. 

OFFICE OF THE SECRETARY—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

OFFICE OF THE SECRETARY—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

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

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

(HSAR Case 2015–001).

1601–AA76 

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

Case 2015–002).

1601–AA78 

130 .................... 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. 

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

132 .................... EB–5 Immigrant Investor Regional Center Program ....................................................................................... 1615–AC11 

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

Sequence No. Title Regulation 

Identifier No. 

133 .................... EB–5 Immigrant Investor Program Modernization ........................................................................................... 1615–AC07 

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

Sequence No. Title Regulation 

Identifier No. 

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

Numerical Limitations.

1615–AB71 

U.S. CITIZENSHIP AND IMMIGRATION SERVICES—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

135 .................... Retention of EB–1, EB–2, and EB–3 Immigrant Workers and Program Improvements Affecting HighlySkilled H–1B Nonimmigrant Workers.1615–AC05 

U.S. COAST GUARD—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

U.S. COAST GUARD—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

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

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

U.S. COAST GUARD—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

140 .................... Transportation Worker Identification Credential (TWIC); Card Reader Requirements ................................... 1625–AB21 

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

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

Sequence No. Title Regulation 

Identifier No. 

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

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

Sequence No. Title Regulation 

Identifier No. 

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

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

TRANSPORTATION SECURITY ADMINISTRATION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

146 .................... Security Training for Surface Transportation Employees ................................................................................ 1652–AA55 

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

Sequence No. Title Regulation 

Identifier No. 

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

FEDERAL EMERGENCY MANAGEMENT AGENCY—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

Order 13690 and the Federal Flood Risk Management Standard.

1660–AA85 

FEDERAL EMERGENCY MANAGEMENT AGENCY—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

149 .................... National Flood Insurance Program (NFIP) Financial Assistance/Subsidy Arrangement ................................ 1660–AA86 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

Office of the Secretary (OS) 

Proposed Rule Stage 

125. Chemical Facility Anti-Terrorism 

Standards (CFATS) 

Legal Authority: Pub. L. 113–254 

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 .................. 10/00/17 

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 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

Office of the Secretary (OS) 

Long-Term Actions 

126. Ammonium Nitrate Security 

Program 

Legal Authority: Pub. L. 110–161, 

2008 Consolidated Appropriations Act, 

section 563 

Abstract: This rulemaking will 

implement the December 2007 

amendment to the Homeland Security 

Act entitled ‘‘Secure Handling of 

Ammonium Nitrate.’’ The amendment 

requires the Department of Homeland 

Security to ‘‘regulate the sale and 

transfer of ammonium nitrate by an 

ammonium nitrate facility . . . to 

prevent the misappropriation or use of 

ammonium nitrate in an act of 

terrorism.’’ 

Timetable: 

Action Date FR Cite 

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

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

ANPRM Comment 

Period End.

12/29/08 

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

Notice of Public 

Meetings.

10/07/11 76 FR 62311 

Notice of Public 

Meetings.

11/14/11 76 FR 70366 

NPRM Comment 

Period End.

12/01/11 

Final Rule ............ 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–AA52 

127. 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); 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 .................. 10/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Nancy Harvey, 

Policy Analyst, Department of 

Homeland Security, Office of the Chief 

Procurement Officer, Room 3636–15, 

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301 7th Street SW., Washington, DC 

20528, Phone: 202 447–0956, Email: 

nancy.harvey@hq.dhs.gov. 

RIN: 1601–AA72 

128. 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; 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 

Second NPRM 

Comment Period End.

04/19/17 

Final Rule ............ 09/00/18 

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–AA76 

129. 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; 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 

Second NPRM 

Comment Period End.

04/19/17 

Final Rule ............ 09/00/18 

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 

130. Homeland Security Acquisition 

Regulation: Privacy Training (HSAR 

Case 2015–003) 

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 

Action Date FR Cite 

Second NPRM 

Comment Period End.

04/19/17 

Final Rule ............ 09/00/18 

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, Building 410 (RDS), 

245 Murray Drive, 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 

131. Requirements for Filing Motions 

and Administrative Appeals 

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

Regulatory Flexibility Analysis 

Required: Yes. 

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40294 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda 

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 

132. • EB–5 Immigrant Investor 

Regional Center Program 

Legal Authority: 8 U.S.C. 1153(b)(5); 

Pub. L. 102–395, secs. 610 and 601(a); 

Pub. L. 107–273, sec. 11037; Pub. L. 

101–649, sec. 121(a); Pub. L. 105–119, 

sec. 116; Pub. L. 106–396, sec. 402; Pub. 

L. 108–156, sec. 4; Pub. L. 112–176, sec. 

1; Pub. L. 114–113, sec. 575; Pub. L. 

114–53, sec. 131; Pub. L. 107–273 

Abstract: The Department of 

Homeland Security (DHS) is considering 

making regulatory changes to the EB–5 

Immigrant Investor Regional Center 

Program. Based on decades of 

experience operating the program, DHS 

has determined that program changes 

are needed to better reflect business 

realities for regional centers and EB–5 

immigrant investors, to increase 

predictability and transparency in the 

adjudication process for stakeholders, to 

improve operational efficiency for the 

agency, and to enhance program 

integrity. DHS issued an Advance 

Notice of Proposed Rulemaking 

(ANPRM) to seek comment from all 

interested stakeholders on several 

topics, including: (1) The process for 

initially designating entities as regional 

centers, (2) a potential requirement for 

regional centers to utilize an exemplar 

filing process, (3) continued 

participation requirements for 

maintaining regional center designation, 

and (4) the process for terminating 

regional center designation. While DHS 

has gathered some information related 

to these topics, the ANPRM sought 

additional information that can help the 

Department make operational and 

security updates to the Regional Center 

Program while minimizing the impact of 

such changes on regional center 

operations and EB–5 investors. The 

ANPRM is organized to include requests 

for comment immediately following 

discussions of the relevant issues. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 01/11/17 82 FR 3211 

ANPRM Comment 

Period End.

04/11/17 

NPRM .................. 04/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Lori S. MacKenzie, 

Division Chief, Operations Policy & 

Performance, Immigrant Investor 

Program, Department of Homeland 

Security, U.S. Citizenship and 

Immigration Services, 131 M Street NE., 

Washington, DC 20529–2200, Phone: 

202 357–9214, Email: lori.s.mackenzie@

uscis.dhs.gov. 

RIN: 1615–AC11 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Citizenship and Immigration 

Services (USCIS) 

Final Rule Stage 

133. EB–5 Immigrant Investor Program 

Modernization 

Legal Authority: 8 U.S.C. 1153(b)(5) 

Abstract: In January 2017, the 

Department of Homeland Security 

(DHS) proposed to amend its regulations 

governing the employment-based, fifth 

preference (EB–5) immigrant investor 

classification. In general, under the EB– 

5 program, individuals are eligible to 

apply for lawful permanent residence in 

the United States if they make the 

necessary investment in a commercial 

enterprise in the United States and 

create or, in certain circumstances, 

preserve 10 permanent full-time jobs for 

qualified U.S. workers. This rule sought 

public comment on a number of 

proposed changes to the EB–5 program 

regulations. Such proposed changes 

included: raising the minimum 

investment amount; allowing certain 

EB–5 petitioners to retain their original 

priority date; changing the designation 

process for targeted employment areas; 

and other miscellaneous changes to 

filing and interview processes. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/13/17 82 FR 4738 

NPRM Comment 

Period End.

04/11/17 

Final Action ......... 04/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Lori S. MacKenzie, 

Division Chief, Operations Policy & 

Performance, Immigrant Investor 

Program, Department of Homeland 

Security, U.S. Citizenship and 

Immigration Services, 131 M Street NE., 

Washington, DC 20529–2200, Phone: 

202 357–9214, Email: lori.s.mackenzie@

uscis.dhs.gov. 

RIN: 1615–AC07 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Citizenship and Immigration 

Services (USCIS) 

Long-Term Actions 

134. Registration Requirement for 

Petitioners Seeking To File H–1B 

Petitions on Behalf of Aliens Subject to 

Numerical Limitations 

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

Abstract: The Department of 

Homeland Security will finalize its 

regulations governing petitions filed on 

behalf of alien workers subject to annual 

numerical limitations. This rule 

proposes to establish an electronic 

registration program for petitions 

subject to numerical limitations for the 

H–1B nonimmigrant classification. This 

action is necessary because the demand 

for H–1B specialty occupation workers 

by U.S. companies may exceed the 

numerical limitation. This rule is 

intended to allow USCIS to more 

efficiently manage the intake and lottery 

process for these H–1B petitions. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

05/02/11 

Next Action Undetermined.

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Susan Arroyo, Chief 

of Staff, Service Center Operations, 

Department of Homeland Security, U.S. 

Citizenship and Immigration Services, 

20 Massachusetts Avenue NW., 

Washington, DC 20529, Phone: 202 272– 

1094, Fax: 202 272–1543, Email: 

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

RIN: 1615–AB71 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Citizenship and Immigration 

Services (USCIS) 

Completed Actions 

135. Retention of EB–1, EB–2, and EB– 

3 Immigrant Workers and Program 

Improvements Affecting Highly-Skilled 

H–1B Nonimmigrant Workers 

Legal Authority: 6 U.S.C. 112; 8 U.S.C. 

1154 and 1155; 8 U.S.C. 1184; 8 U.S.C. 

1255; 8 U.S.C. 1324a 

Abstract: In November 2016, the 

Department of Homeland Security 

(DHS) amended its regulations affecting 

certain employment-based immigrant 

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and nonimmigrant classifications. This 

rule amended regulations to provide 

stability and job flexibility for the 

beneficiaries of approved employmentbased immigrant visa petitions while 

they wait to become lawful permanent 

residents. DHS also updated its 

regulations to conform them with the 

American Competitiveness in the 

Twenty-First Century Act of 2000 

(AC21) as amended by the Twenty-First 

Century Department of Justice 

Appropriations Authorization Act (the 

21st Century DOJ Appropriations Act), 

as well as the American 

Competitiveness and Workforce 

Improvement Act of 1998 (ACWIA). The 

rule clarified several interpretive 

questions raised by ACWIA and AC21 

regarding H–1B petitions, and 

incorporated relevant AC21 policy 

memoranda and an Administrative 

Appeals Office precedent decision. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/31/15 80 FR 81900 

NPRM Comment 

Period End.

02/29/16 

Final Rule ............ 11/18/16 81 FR 82398 

Final Rule Effective.01/17/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kevin Cummings, 

Division Chief, Business and Foreign 

Workers Division, Department of 

Homeland Security, U.S. Citizenship 

and Immigration Services, Office of 

Policy and Strategy, 20 Massachusetts 

Avenue NW., Washington, DC 20529, 

Phone: 202 272–8377, Fax: 202 272– 

1480, Email: kevin.j.cummings@

uscis.dhs.gov. 

RIN: 1615–AC05 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Coast Guard (USCG) 

Final Rule Stage 

136. Seafarers’ Access to Maritime 

Facilities 

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 ............ 10/00/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: LCDR Kevin 

McDonald, 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– 

7501, Phone: 202 372–1168, Email: 

kevin.j.mcdonald@uscg.mil. 

RIN: 1625–AC15 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Coast Guard (USCG) 

Long-Term Actions 

137. Numbering of Undocumented 

Barges 

Legal Authority: 46 U.S.C. 12301 

Abstract: Title 46 U.S.C. 12301, as 

amended by the Abandoned Barge Act 

of 1992, requires that all undocumented 

barges of more than 100 gross tons 

operating on the navigable waters of the 

United States be numbered. This 

rulemaking would establish a 

numbering system and user fees for an 

original or renewed Certificate of 

Number for these barges. The 

numbering of undocumented barges 

allows the Coast Guard to identify the 

owners of abandoned barges. This 

rulemaking supports the Coast Guard’s 

broad role and responsibility of 

protecting natural resources. 

Timetable: 

Action Date FR Cite 

Request for Comments.10/18/94 59 FR 52646 

Comment Period 

End.

01/17/95 

ANPRM ............... 07/06/98 63 FR 36384 

ANPRM Comment 

Period End.

11/03/98 

NPRM .................. 01/11/01 66 FR 2385 

NPRM Comment 

Period End.

04/11/01 

NPRM Reopening 

of Comment 

Period.

08/12/04 69 FR 49844 

NPRM Reopening 

Comment Period End.

11/10/04 

Next Action Undetermined.To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Andrea Heck, Project 

Manager, Department of Homeland 

Security, U.S. Coast Guard, National 

Vessel Documentation Center, 792 T.J. 

Jackson Drive, Falling Waters, WV 

25419, Phone: 304 271–2400, Email: 

andrea.m.heck@uscg.mil. 

RIN: 1625–AA14 

138. Outer Continental Shelf Activities 

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. 

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40296 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda 

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 

139. Commercial Fishing Vessels— 

Implementation of 2010 and 2012 

Legislation 

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 

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. Coast Guard (USCG) 

Completed Actions 

140. Transportation Worker 

Identification Credential (TWIC); Card 

Reader Requirements 

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

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

191; 50 U.S.C. 192; E.O. 12656 

Abstract: The Coast Guard established 

electronic card reader requirements for 

maritime facilities and vessels to be 

used in combination with TSA’s 

Transportation Worker Identification 

Credential (TWIC). Congress enacted 

several statutory requirements within 

the Security and Accountability for 

Every (SAFE) Port Act of 2006 to guide 

regulations pertaining to TWIC readers, 

including the need to evaluate TSA’s 

final pilot program report as part of the 

TWIC reader rulemaking. During the 

rulemaking process, we took into 

account the final pilot data and the 

various conditions in which TWIC 

readers may be employed. For example, 

we considered the types of vessels and 

facilities that will use TWIC readers, 

locations of secure and restricted areas, 

operational constraints, and need for 

accessibility. Recordkeeping 

requirements, amendments to security 

plans, and the requirement for data 

exchanges (i.e., Canceled Card List) 

between TSA and vessel or facility 

owners/operators were also addressed 

in this rulemaking. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 03/27/09 74 FR 13360 

Notice of Public 

Meeting.

04/15/09 74 FR 17444 

ANPRM Comment 

Period End.

05/26/09 

Notice of Public 

Meeting Comment Period 

End.

05/26/09 

NPRM .................. 03/22/13 78 FR 20558 

NPRM Comment 

Period Extended.

05/10/13 78 FR 27335 

Action Date FR Cite 

NPRM Comment 

Period Extended End.

06/20/13 

Final Rule ............ 08/23/16 81 FR 57651 

Final Rule Effective.08/23/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: LCDR Kevin 

McDonald, Project Manager, Department 

of Homeland Security, U.S. Coast 

Guard, Commandant (CG–FAC–2), 2703 

Martin Luther King Jr. Avenue SE., 

STOP 7501, Washington, DC 20593– 

7501, Phone: 202 372–1168, Email: 

kevin.j.mcdonald@uscg.mil. 

RIN: 1625–AB21 

141. Updates to Maritime Security 

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

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

191 and 192; E.O. 12656; 33 CFR 1.05– 

1; 33 CFR 6.04–11; 33 CFR 6.14; 33 CFR 

6.16; 33 CFR 6.19; DHS Delegation No. 

0170.1 

Abstract: The Coast Guard is no 

longer pursuing this rulemaking. 

Timetable: 

Action Date FR Cite 

Withdrawn ........... 03/10/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: LCDR Kevin 

McDonald, 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– 

7501, Phone: 202 372–1168, Email: 

kevin.j.mcdonald@uscg.mil. 

RIN: 1625–AB38 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Customs and Border Protection 

(USCBP) 

Final Rule Stage 

142. Waiver of Passport and Visa 

Requirements Due to an Unforeseen 

Emergency 

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 

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Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda 40297 

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 ............ 07/00/17 

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) 

U.S. Customs and Border Protection 

(USCBP) 

Long-Term Actions 

143. 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 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, is 

conducting a structured review, 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. CBP plans to 

issue a final rule after CBP completes a 

structured review of the flexibilities and 

analyzes the comments. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

03/03/08 

NPRM Comment 

Period Extended.

02/01/08 73 FR 6061 

NPRM Comment 

Period End.

03/18/08 

Interim Final Rule 11/25/08 73 FR 71730 

Interim Final Rule 

Effective.

01/26/09 

Interim Final Rule 

Comment Period End.

06/01/09 

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

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

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Craig Clark, Program 

Manager, Vessel Manifest & Importer 

Security Filing, Office of Cargo and 

Conveyance Security, Department of 

Homeland Security, U.S. Customs and 

Border Protection, 1300 Pennsylvania 

Avenue NW., Washington, DC 20229, 

Phone: 202 344–3052, Email: 

craig.clark@cbp.dhs.gov. 

RIN: 1651–AA70 

144. 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 ......... 08/00/18 

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 

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40298 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

Transportation Security Administration 

(TSA) 

Long-Term Actions 

145. General Aviation Security and 

Other Aircraft Operator Security 

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

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

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

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

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

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

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

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

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

46105 

Abstract: On October 30, 2008, 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 is considering 

publishing a supplemental NPRM 

(SNPRM) in response to comments 

received on the NPRM. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

12/29/08 

Notice—NPRM 

Comment Period Extended.

11/25/08 73 FR 71590 

NPRM Extended 

Comment Period End.

02/27/09 

Notice—Public 

Meetings; Requests for Comments.

12/18/08 73 FR 77045 

Supplemental 

NPRM.

To Be Determined 

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 22304, Phone: 571 227– 

4370, Email: kevin.knott@tsa.dhs.gov. 

Alex Moscoso, Lead 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 

146. Security Training for Surface 

Transportation Employees 

Legal Authority: 49 U.S.C. 114; Pub. L. 

110–53, secs. 1405, 1408, 1501, 1512, 

1517, 1531, and 1534 

Abstract: As required by the 9/11 Act, 

this final rule requires security training 

for employees of higher-risk freight 

railroad carriers, public transportation 

agencies (including rail mass transit and 

bus systems), passenger railroad 

carriers, and over-the-road bus (OTRB) 

companies. Owner/operators of these 

higher-risk railroads, systems, and 

companies will be required to train 

employees performing security-sensitive 

functions, using a curriculum 

addressing preparedness and how to 

observe, assess, and respond to terroristrelated threats and/or incidents. As part 

of this rulemaking, TSA is expanding its 

current requirements for rail security 

coordinators and reporting of significant 

security concerns (currently limited to 

freight railroads, passenger railroads, 

and the rail operations of public 

transportation systems) to include the 

bus components of higher-risk public 

transportation systems and higher-risk 

OTRB companies. TSA is also adding a 

definition for Transportation SecuritySensitive Materials (TSSM). Other 

provisions are being amended or added, 

as necessary, to implement these 

additional requirements. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/16/16 81 FR 91336 

NPRM Comment 

Period End.

03/16/17 

Final Rule ............ 09/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Chandru (Jack) Kalro, 

Deputy Director, Surface Division, 

Office of Security Policy and Industry 

Engagement, Department of Homeland 

Security, Transportation Security 

Administration, 601 South 12th Street, 

Arlington, VA 20598–6028, Phone: 571 

227–1145, Fax: 571 227–2935, Email: 

surfacefrontoffice@tsa.dhs.gov. 

Alex Moscoso, Lead 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. 

Traci Klemm, Assistant Chief Counsel 

for 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: 571 227–3596, Email: 

traci.klemm@tsa.dhs.gov. 

RIN: 1652–AA55 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

U.S. Immigration and Customs 

Enforcement (USICE) 

Proposed Rule Stage 

147. Procedures and Standards for 

Declining Surety Immigration Bonds 

and Administrative Appeal 

Requirement for Breaches 

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 

Regulatory Flexibility Analysis 

Required: Yes. 

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Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda 40299 

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) 

Long-Term Actions 

148. Updates to Floodplain 

Management and Protection of 

Wetlands Regulations To Implement 

Executive Order 13690 and the Federal 

Flood Risk Management Standard 

Legal Authority: E.O. 11988, as 

amended; E.O. 13690 

Abstract: The Federal Emergency 

Management Agency (FEMA) proposes 

to amend its regulations at 44 CFR part 

9 ‘‘Floodplain Management and 

Protection of Wetlands’’ to implement 

Executive Order 13690, which 

establishes the Federal Flood Risk 

Management Standard (FFRMS). 44 CFR 

part 9 describes FEMA’s process for 

determining whether the proposed 

location for an action falls within a 

floodplain. In addition, for those 

projects that would fall within a 

floodplain, part 9 describes FEMA’s 

framework for deciding whether and 

how to complete the action in the 

floodplain, in light of the risk of 

flooding. Consistent with Executive 

Order 13690 and the FFRMS, the 

proposed rule would change how FEMA 

defines a ‘‘floodplain’’ with respect to 

certain actions. Additionally, under the 

proposed rule, FEMA would use natural 

systems, ecosystem process, and naturebased approaches, where practicable, 

when developing alternatives to locating 

a proposed action in the floodplain. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

10/21/16 

Next Action Undetermined.

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 

DEPARTMENT OF HOMELAND 

SECURITY (DHS) 

Federal Emergency Management Agency 

(FEMA) 

Completed Actions 

149. National Flood Insurance Program 

(NFIP) Financial Assistance/Subsidy 

Arrangement 

Legal Authority: 42 U.S.C. 4001 et seq. 

Abstract: The Federal Emergency 

Management Agency (FEMA) issued 

this final rule to remove the copy of the 

Financial Assistance/Subsidy 

Arrangement (Arrangement) and the 

summary of the Financial Control Plan 

from the appendices of the National 

Flood Insurance Program (NFIP) 

regulations. It is no longer necessary or 

appropriate to retain a contract, 

agreement, or any other arrangement 

between FEMA and private insurance 

companies in the Code of Federal 

Regulations. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/23/16 81 FR 32261 

NPRM Comment 

Period End.

07/22/16 

Final Rule ............ 11/23/16 81 FR 84483 

Final Rule Effective.12/23/16 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Claudia Murphy, 

Policyholder Services Division, 

Department of Homeland Security, 

Federal Emergency Management 

Agency, 400 C Street SW., Washington, 

DC 20472, Phone: 202 646–2775, Email: 

claudia.murphy@fema.dhs.gov. 

RIN: 1660–AA86 

[FR Doc. 2017–16921 Filed 8–23–17; 8:45 am] 

BILLING CODE 9110–9B–P 

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