[Unified Agenda of Federal Regulatory and Deregulatory Actions]
[Department of Homeland Security Semiannual Regulatory Agenda]
[From the U.S. Government Printing Office, www.gpo.gov]


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Part IX





Department of Homeland Security





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Semiannual Regulatory Agenda

[[Page 26892]]



DEPARTMENT OF HOMELAND SECURITY (DHS)                                  


  



_______________________________________________________________________

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 all current 
and projected rulemakings, reviews of existing regulations, and 
completed actions of the Department of Homeland Security (DHS) and its 
component agencies and divisions. This agenda provides the public with 
information about DHS' regulatory activity. It is expected that this 
information will enable the public to be more aware of and effectively 
participate in the Department's regulatory activity. The public also is 
invited to submit comments on any aspect of this agenda.

FOR FURTHER INFORMATION CONTACT:   

    General

     Please direct all comments and inquiries on the agenda in 
general to the Regulations Division, Office of the General Counsel, 
Department of Homeland Security, Washington, DC 20528.

    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 regulatory action.

SUPPLEMENTARY INFORMATION: This notice is given pursuant to the 
requirements of the Regulatory Flexibility Act (Pub. L. 96-354, 
September 19, 1980) and Executive Order (E.O.) 12866, ``Regulatory 
Planning and Review'' (September 30, 1993), which require the 
publication of a semiannual agenda of regulations by the Department. 
The regulatory agenda is a semiannual summary of all current and 
projected rulemakings, as well as actions completed since the 
publication of the last regulatory agenda for the Department. This is 
DHS' fifth semiannual regulatory agenda since the Department's 
inception in January 2003. DHS' last semiannual regulatory agenda was 
published on December 13, 2004, at 69 FR 73186.

     DHS is comprised of five directorates: Border and 
Transportation Security; Emergency Preparedness and Response; 
Science and Technology; Information Analysis and Infrastructure 
Protection; and Management. Several other critical agencies were 
transferred to the Department or were created under the Homeland 
Security Act of 2002, including the U.S. Coast Guard (Coast Guard), 
the U.S. Secret Service, the Transportation Security Administration 
(TSA) and the Federal Emergency Management Administration (FEMA). 
In addition, the former Immigration and Nationalization Service 
(INS) of the Department of Justice and the former U.S. Customs 
Service of the Department of the Treasury were transferred to DHS 
and reorganized to become the U.S. Citizenship and Immigration 
Services (USCIS) the Bureau of Immigration and Customs Enforcement 
(ICE), and the Bureau of Customs and Border Protection (CBP). Many 
of the agencies transferred to DHS had existing and active 
regulatory agendas. Those legacy regulatory agendas have been 
transferred to DHS and now are identified in the DHS regulatory 
agenda. Accordingly, many of the regulatory actions identified in 
this agenda may reference actions initiated by a predecessor 
Department or agency.

     DHS joined the Environmental Protection Agency Federal Partner 
On-line Electronic Docket System (EDocket) in September 2004. 
Members of the public may access this docket at: www.epa.gov/
feddocket. All Coast Guard and TSA electronic dockets continue to 
be accessed at: dms.dot.gov. Since Coast Guard and TSA were 
originally on the Department of Transportation's (DOT) electronic 
Docketing Management System, those agencies will remain on that 
system until DHS fully migrates to the Federal Electronic Docketing 
System in late fiscal year 2005.

     The semiannual agenda of the Department conforms to the 
Unified Agenda format developed by the Regulatory Information 
Service Center.

Dated: March 18, 2005.

 Mary Kate Whalen,

Deputy Associate General Counsel for Regulations.

                                  Office of the Secretary--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1050        Supplemental Standards of Conduct for Employees of the Department of Homeland Security    1601-AA17
1051        Uniform Administrative Requirements for Grants and Cooperative Agreements;                1601-AA18
            Administration of Grants and Agreements With Institutions of Higher Ed., Hospitals,
            and Other Nonprofit Orgs..............................................................
1052        Identifying, Safeguarding, and Sharing Sensitive Homeland Security Information........    1601-AA25
----------------------------------------------------------------------------------------------------------------


                                    Office of the Secretary--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1053        Freedom of Information Act and Privacy Act Procedures.................................    1601-AA00
1054        Production or Disclosure of Official Information in Connection With Legal Proceedings.    1601-AA01
1055        Classified National Security Information..............................................    1601-AA02

[[Page 26893]]

 
1056        Enforcement of Nondiscrimination on the Basis of Disability in Department of Homeland     1601-AA03
            Security Programs or Activities.......................................................
1057        Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide               1601-AA10
            Requirements for Drug-Free Workplace..................................................
1058        Program Fraud Civil Remedies..........................................................    1601-AA11
1059        Regulations Imposing Restrictions Upon Lobbying.......................................    1601-AA12
1060        National Environmental Policy Act Procedures..........................................    1601-AA13
1061        Procedures for Handling Critical Infrastructure Information...........................    1601-AA14
1062        Regulations Implementing the Support Antiterrorism by Fostering Effective Technologies    1601-AA15
            Act of 2002 (the SAFETY Act)..........................................................
1063        Homeland Security Acquisition Regulation (HSAR).......................................    1601-AA16
----------------------------------------------------------------------------------------------------------------


                                   Office of the Secretary--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1064        Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving       1601-AA04
            Federal Financial Assistance..........................................................
1065        Regulations Regarding Nondiscrimination on the Basis of Race, Color, or National          1601-AA05
            Origin in Programs or Activities Receiving Federal Financial Assistance...............
1066        Authority of the Secretary of the Department of Homeland Security; Delegations of         1601-AA06
            Authority; Immigration Laws...........................................................
1067        Procedures Relating to Awards Under the Equal Access to Justice Act...................    1601-AA22
1068        Collection of Nontax Debts Owed to the Department of Homeland Security................    1601-AA23
1069        Right to Financial Privacy............................................................    1601-AA24
----------------------------------------------------------------------------------------------------------------


                                   Office of the Secretary--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1070        Department of Homeland Security (DHS) Human Resources Management System...............    1601-AA21
1071        Privacy Act of 1974: Implementation of Exemption......................................    1601-AA26
----------------------------------------------------------------------------------------------------------------


                         U.S. Citizenship and Immigration Services--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1072        Revised Grounds of Inadmissibility; Exceptions and Waivers for Immigrants and             1615-AA00
            Nonimmigrants.........................................................................
1073        International Matchmaking Organizations...............................................    1615-AA11
1074        Special Immigrant Juvenile Petitions..................................................    1615-AA15
1075        Immigrant and Nonimmigrant; Religious Workers.........................................    1615-AA16
1076        Dismissal of Asylum Application for Unexcused Failure To Appear and Affect on             1615-AA18
            Eligibility for Employment Authorization..............................................
1077        Special Immigrant Status for Certain NATO Civilian Employees..........................    1615-AA21
1078        Inadmissibility To Enter the United States for Former U.S. Citizens Who Renounced         1615-AA32
            Citizenship To Avoid Taxation.........................................................
1079        Implementation of the Numerical Limit on Asylum Grants and Refugee Admissions Based on    1615-AA37
            Resistance to Coercive Population Control Measures....................................
1080        Intercountry Adoptions................................................................    1615-AA43
1081        Waiver of Fees........................................................................    1615-AA48
1082        Adjustment of Status Under Section 245(k).............................................    1615-AA54
1083        Implementation of the American Competitiveness and Workforce Improvement Act of 1998      1615-AA55
            (ACWIA), the American Competitiveness in the Twenty-First Century Act of 2000 (AC21),
            and Other Related Bills...............................................................
1084        Construction Work and the B Nonimmigrant Visa Classification..........................    1615-AA58
1085        Consent To Reapply for Admission After Removal........................................    1615-AA61

[[Page 26894]]

 
1086        Waivers of the Two-Year Foreign Residence Requirement for Certain Exchange Visitors...    1615-AA62
1087        Illegal Entries, Unlawful Presence, and Automatic Voiding of Nonimmigrant Visas.......    1615-AA64
1088        Medical Examination Requirements and Designation of Civil Surgeons....................    1615-AA65
1089        Medical Grounds of Inadmissibility and Waivers........................................    1615-AA66
1090        Changes to Employment Authorization Eligibility for Certain Applicants and to             1615-AA89
            Standards for Determining a Frivolous Asylum Application..............................
1091        Waiver of Criminal Grounds of Inadmissibility for Immigrants..........................    1615-AA94
1092        Criminal Grounds of Inadmissibility, Exceptions and Waivers for Immigrants and            1615-AB15
            Nonimmigrants, Refugees and Asylees...................................................
1093        Establishment of Fee for Processing Genealogical Research Requests....................    1615-AB19
1094        Petitions for Employment Creation Aliens..............................................    1615-AB20
1095        Administrative Appeals Office: Procedural Reforms To Improve Efficiency...............    1615-AB29
1096        After-Sales Service and After-Lease Service for B-1 Temporary Visitors for Business...    1615-AB33
1097        Employment Based Immigrants--Elimination of Beneficiary Substitution on Approved Labor    1615-AB34
            Certifications and Validity Period of Approved Labor Certifications...................
----------------------------------------------------------------------------------------------------------------


                           U.S. Citizenship and Immigration Services--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1098        Adjustment of Status to That of Person Admitted for Permanent Residence: Conditional      1615-AA02
            Residents and Fiance(e)s..............................................................
1099        Petition To Classify Alien as Immediate Relative of a U.S. Citizen or as a Preference     1615-AA03
            Immigrant; Self-Petitioning for Certain Battered or Abused Alien Spouses and Children.
1100        Definition of the Term ``Lawfully Present'' for Purposes of Eligibility for Public        1615-AA05
            Benefits..............................................................................
1101        Affidavit of Support on Behalf of Immigrants..........................................    1615-AA06
1102        Adjustment of Status, Continued Validity of Nonimmigrant Status, and Unexpired            1615-AA12
            Employment Authorization for Applicants Maintaining Nonimmigrant H or L Status........
1103        Fingerprinting Applicants and Petitioners for Immigration Benefits; Establishing a Fee    1615-AA14
            for Fingerprinting by the Department of Homeland Security.............................
1104        Suspension of Deportation and Special Rule Cancellation of Removal for Certain            1615-AA17
            Nationals of Guatemala, El Salvador, and Former Soviet Bloc Countries.................
1105        Regulations Concerning the Convention Against Torture.................................    1615-AA19
1106        Inadmissibility and Deportability on Public Charge Grounds............................    1615-AA22
1107        Application for Refugee Status; Acceptable Sponsorship Agreement Guaranty of              1615-AA24
            Transportation........................................................................
1108        Battered and Abused Conditional Residents; Termination of Marriage by Conditional         1615-AA29
            Residents.............................................................................
1109        Revoking Grants of Naturalization.....................................................    1615-AA30
1110        Registration and Fingerprinting of Aliens in the United States: Control of Employment     1615-AA33
            of Aliens.............................................................................
1111        National Interest Waivers for Second Preference Employment-Based Immigrant Physicians     1615-AA34
            Serving in Medically Underserved Areas or at Department of Veterans Affairs Facilities
1112        Petitioning Requirements for the H-1C Nonimmigrant Classification Under Public Law 106-   1615-AA35
            95....................................................................................
1113        Adjustment of Status to That of Person Admitted for Permanent Residence; Temporary        1615-AA40
            Removal of Certain Restrictions of Eligibility........................................
1114        Asylum and Withholding Definitions....................................................    1615-AA41
1115        Petition To Classify Alien as Immediate Relative of a U.S. Citizen or Preference          1615-AA42
            Immigrant; Adjustment of Status to That of a Person Admitted for Permanent Residence..
1116        Academic Honorarium for B Nonimmigrant Aliens.........................................    1615-AA44
1117        Children Born Outside the United States; Applications for Certificate of Citizenship..    1615-AA45
1118        Allowing for the Filing of Form I-140 Visa Petition Concurrently With a Form I-485        1615-AA46
            Application in Certain Circumstances..................................................
1119        Special Immigrant Visa for Fourth Preference Employment-Based Broadcasters............    1615-AA47
1120        Establishing Premium Processing Service for Employment-Based Petitions and                1615-AA49
            Applications..........................................................................
1121        Adjustment of Status for Certain Nationals of Nicaragua, Cuba, and Haiti..............    1615-AA51
1122        Adjustment to Lawful Resident Status of Certain Class Action Participants Who Entered     1615-AA52
            Before January 1, 1982, Under the Legal Immigration and Family Equity Act (LIFE Act)..
1123        Nonimmigrant Classes; Spouses and Children of Lawful Permanent Residents; V               1615-AA53
            Classification........................................................................
1124        K Nonimmigrant Classification; Legal Immigration Family Equity Act (LIFE).............    1615-AA56
1125        Adjustment of Status for Certain Syrian Nationals Granted Asylum in the United States.    1615-AA57

[[Page 26895]]

 
1126        New Classification for Victims of Severe Forms of Trafficking in Persons Eligible for     1615-AA59
            the T Nonimmigrant Status.............................................................
1127        Adjustment of Status for Victims of Trafficking.......................................    1615-AA60
1128        Removal of Limitations on the Validity Period for Employment Authorization Documents..    1615-AA63
1129        New Classification for Victims of Certain Criminal Activity; Eligibility for the U        1615-AA67
            Nonimmigrant Status...................................................................
1130        Documentary Requirements for Certain Temporary Residents..............................    1615-AA69
1131        Requiring Change of Status From B to F-1 or M-1 Nonimmigrant Prior To Pursuing a          1615-AA73
            Course of Study.......................................................................
1132        Restructuring the Nonimmigrant Regulations............................................    1615-AA74
1133        Waivers for Nonimmigrants Under Section 212(d)(3)(A) of the Immigration and               1615-AA75
            Nationality Act.......................................................................
1134        Clarification of Regulations Relating to Aliens That Are Employment Authorized            1615-AA78
            Incident to Status....................................................................
1135        Procedures for Conducting Examinations and Waiving the Oath of Allegiance for             1615-AA81
            Naturalization Applicants With Disabilities...........................................
1136        Electronic Signature on Applications and Petitions for Immigration and Naturalization     1615-AA83
            Benefits..............................................................................
1137        Withholding of Adjudication...........................................................    1615-AA86
1138        Adjustment of the Appeal and Motion Fee To Recover Full Costs.........................    1615-AA88
1139        Implementation of Amendments Affecting Petitions for Employment Creation Aliens.......    1615-AA90
1140        Implementation of the Age Out Protections Afforded Under the Child Status Protection      1615-AA95
            Act...................................................................................
1141        Eliminating the Numerical Cap on Mexican TN Nonimmigrants.............................    1615-AA96
1142        Filing of Proposals for Designation as a Regional Center Approved To Participate in       1615-AB00
            the Immigrant Investor Pilot Program..................................................
1143        Application for Naturalization by Alternative Application if Citizen Parent Has Died..    1615-AB08
1144        Requiring Completion of Security Checks Before Issuance of Evidence of Alien              1615-AB12
            Registration..........................................................................
1145        Removal of Standardized Request for Evidence Processing Timeframe.....................    1615-AB13
1146        Classification of Certain Scientists of the Commonwealth of Independent States of the     1615-AB14
            Former Soviet Union and the Baltic States as Employment-Based Immigrants..............
1147        Petitioning Requirements for the O and P Nonimmigrant Classifications.................    1615-AB17
1148        Change or Extension of Nonimmigrant Status Under the Chile and Singapore Free Trade       1615-AB22
            Agreements............................................................................
1149        Eligibility Pilot Program (Precertification of Certain I-129 and I-140 Petitioners)...    1615-AB25
1150        Petitions for Employment Based Immigrants.............................................    1615-AB27
1151        Extension of the Deadline for Certain Health Care Workers Required To Obtain              1615-AB28
            Certificates..........................................................................
1152        Adding a Filing Fee for Re-Registration and Extension of Temporary Protected Status...    1615-AB31
1153        Allocation of H-1B Visas Created by the H-1B Visa Reform Act of 2004..................    1615-AB32
----------------------------------------------------------------------------------------------------------------


                          U.S. Citizenship and Immigration Services--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1154        Reduction of the Number of Acceptable Documents and Other Changes to Employment           1615-AA01
            Verification Requirements.............................................................
1155        Temporary Protected Status Notices and Regulations....................................    1615-AA04
1156        Petitions for Aliens To Perform Temporary Nonagricultural Services or Labor (H-2B)....    1615-AA82
----------------------------------------------------------------------------------------------------------------


                          U.S. Citizenship and Immigration Services--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1157        Adding Actuaries and Plant Pathologists to the North American Free Trade Agreement....    1615-AA38
1158        Adoption of Siblings; Adopted Alien Children Less Than 18 Years of Age Considered a       1615-AA50
            ``Child''.............................................................................
1159        Implementation of the Agreement Between the Government of Canada and the Government of    1615-AA91
            the United States Regarding Asylum Claims.............................................
1160        Sunset of Additional $1,000 Filing Fee and Return to 65,000 Annual Limit on H-1B          1615-AB10
            Nonimmigrant Petition Approvals.......................................................
1161        Petitions for Aliens To Perform Temporary Nonagricultural Services or Labor (H-2B)....    1615-AB30
----------------------------------------------------------------------------------------------------------------


[[Page 26896]]


                                      U.S. Coast Guard--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1162        Claims Procedures Under the Oil Pollution Act of 1990 (USCG-2004-17697)...............    1625-AA03
1163        Wearing of Personal Flotation Devices by Persons Operating or Riding on Personal          1625-AA40
            Watercraft or Being Towed Behind Recreational Vessels (USCG-2002-11421)...............
1164        Traffic Separation Schemes: In the Strait of Juan De Fuca and Its Approaches; In Puget    1625-AA48
            Sound and Its Approaches; In Haro Strait, Boundary Pass, and in the Strait of Georgia
            (USCG-2002-12702).....................................................................
1165        Vessel Traffic Service Lower Mississippi River (USCG-1998-4399).......................    1625-AA58
1166        Escort Vessels for Certain Tankers--Crash Stop Criteria (USCG-2003-14734).............    1625-AA65
1167        Administrative Changes To Numbering of Vessels and Reporting of Casualties (USCG-2003-    1625-AA70
            14963)................................................................................
1168        Commercial Fishing Industry Vessels (USCG-2003-16158).................................    1625-AA77
1169        Pollution Prevention Equipment (USCG-2004-18939)......................................    1625-AA90
1170        Navigation Equipment; SOLAS Chapter V Amendments (USCG-2004-19588)....................    1625-AA91
1171        Alternate Compliance Program: Vessel Inspection Alternatives..........................    1625-AA92
1172        Vessel Documentation: Lease Financing for Vessels Engaged in the Coastwise Trade......    1625-AA95
1173        Waiver for Marking Sunken Vessels with Light at Night (USCG-2005-20488)...............    1625-AA97
----------------------------------------------------------------------------------------------------------------


                                       U.S. Coast Guard--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1174        Reporting Marine Casualties (USCG-2000-6927)..........................................    1625-AA04
1175        Limited Service Domestic Voyage Load Lines for River Barges on Lake Michigan (USCG-       1625-AA17
            1998-4623)............................................................................
1176        Outer Continental Shelf Activities (USCG-1998-3868)...................................    1625-AA18
1177        Anchorage Ground; Safety Zone; Speed Limit; Tongass Narrows and Ketchikan, Alaska         1625-AA23
            (CGD17-99-002)........................................................................
1178        Post Casualty Drug and Alcohol Testing (USCG-2001-8773)...............................    1625-AA27
1179        Electronic Chart Display and Information System (ECDIS) (USCG-2001-8826)..............    1625-AA29
1180        Drawbridge Operations Regulations; Revisions (USCG-2001-10881)........................    1625-AA36
1181        Rates for Pilotage on the Great Lakes (USCG-2002-11288)...............................    1625-AA38
1182        Review and Update of Standards for Marine Equipment (USCG-2003-16630).................    1625-AA83
1183        Validation of Merchant Mariners' Vital Information and Issuance of Coast Guard            1625-AA85
            Merchant Mariner's Licenses and Certificates of Registry (USCG-2004-17455)............
1184        Notification of Arrival in U.S. Ports; Certain Dangerous Cargoes; Electronic              1625-AA93
            Submission (USCG-2004-19963)..........................................................
1185        Tank Level or Pressure Monitoring Devices on Single-Hull Tank Ships and Single-Hull       1625-AA94
            Tank Barges Carrying Oil or Oil Residue As Cargo......................................
----------------------------------------------------------------------------------------------------------------


                                       U.S. Coast Guard--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1186        Safety Zone Regulations...............................................................    1625-AA00
1187        Special Anchorage Areas/Anchorage Grounds Regulations.................................    1625-AA01
1188        Discharge-Removal Equipment for Vessels Carrying Oil (CGD 90-068).....................    1625-AA02
1189        Escort Vessels for Certain Tankers (CGD 91-202).......................................    1625-AA05
1190        State Access to the Oil Spill Liability Trust Fund (USCG-2004-19123)..................    1625-AA06
1191        Regatta and Marine Parade Regulations.................................................    1625-AA08
1192        Drawbridge Regulations................................................................    1625-AA09
1193        Escort Vessels in Certain U.S. Waters (CGD 91-202a)...................................    1625-AA10
1194        Regulated Navigation Areas............................................................    1625-AA11
1195        Marine Transportation-Related Facility Response Plans for Hazardous Substances (USCG-     1625-AA12
            1999-5705)............................................................................
1196        Tank Vessel Response Plans for Hazardous Substances (USCG-1998-4354)..................    1625-AA13
1197        Numbering of Undocumented Barges (USCG-1998-3798).....................................    1625-AA14
1198        Implementation of the 1995 Amendments to the International Convention on Standards of     1625-AA16
            Training, Certification, and Watchkeeping (STCW) for Seafarers, 1978 (CGD 95-062).....
1199        Salvage and Marine Firefighting Requirements; Vessel Response Plans for Oil (USCG-1998-   1625-AA19
            3417).................................................................................
1200        Deepwater Ports (USCG-1998-3884)......................................................    1625-AA20
1201        Commercial Diving Operations (USCG-1998-3786).........................................    1625-AA21

[[Page 26897]]

 
1202        Improvements to Maritime Safety in Puget Sound-Area Waters (USCG-1998-4501)...........    1625-AA22
1203        Cargo Securing on Vessels Operating in U.S. Waters (USCG-2000-7080)...................    1625-AA25
1204        Vessel and Facility Response Plans for Oil: 2003 Removal Equipment Requirements and       1625-AA26
            Alternative Technology Revisions (USCG-2001-8661).....................................
1205        Federal Requirements for Propeller Injury Avoidance Measures (USCG 2001-10163)........    1625-AA31
1206        Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters (USCG-   1625-AA32
            2001-10486)...........................................................................
1207        Marine Events: Permit Procedures (USCG-2001-10713)....................................    1625-AA35
1208        Notifications of Arrival and Departure in Ports or Places in the United States (USCG-     1625-AA41
            2001-11865)...........................................................................
1209        Protection for Whistleblowers in the Coast Guard (USCG-2002-13016)....................    1625-AA50
1210        Rules of Practice, Procedure, and Evidence for Administrative Proceedings of the Coast    1625-AA59
            Guard (USCG 1998-3472)................................................................
1211        Validation of Merchant Mariners' Vital Information and Issuance of Coast Guard            1625-AA81
            Merchant Mariner's Documents (MMDs) (USCG-2003-14500).................................
1212        Security Zone Regulations.............................................................    1625-AA87
1213        Dry Cargo Residue Discharges in the Great Lakes (USCG-2004-19621).....................    1625-AA89
1214        Notification of Arrival in U.S. Ports; Certain Dangerous Cargoes; Electronic              1625-AA96
            Submission (USCG-2003-16688)..........................................................
----------------------------------------------------------------------------------------------------------------


                                       U.S. Coast Guard--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1215        Vessel Documentation: Lease Financing for Vessels Engaged in the Coastwise Trade;         1625-AA63
            Second Rulemaking (USCG-2003-14472)...................................................
1216        Terms Imposed by States on Numbering of Vessels (USCG-2003-15708).....................    1625-AA75
----------------------------------------------------------------------------------------------------------------


                     Directorate of Border and Transportation Security--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1217        United States Visitor and Immigrant Status Indicator Technology Program (US-VISIT);       1650-AA00
            Authority To Collect Biometric Data From Additional Travelers.........................
----------------------------------------------------------------------------------------------------------------


                       Directorate of Border and Transportation Security--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1218        United States Visitor and Immigration Status Indicator Technology Program (US-VISIT);     1650-AA01
            Automatic Identification of Certain Nonimmigrants Exiting the United States at Select
            Land Border Ports of Entry............................................................
----------------------------------------------------------------------------------------------------------------


                             Bureau of Customs and Border Protection--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1219        Western Hemisphere Travel Document Requirements.......................................    1651-AA63
----------------------------------------------------------------------------------------------------------------


[[Page 26898]]


                          Bureau of Customs and Border Protection--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1220        Advance Notice Requirements for Aircraft Landings and Arrivals; Revisions to the          1651-AA41
            Private Aircraft Overflight Program...................................................
1221        Prior Disclosure and Lost Duty or Revenue Demands When Penalty Claim Not Issued.......    1651-AA42
1222        Cargo Information (Manifest) Discrepancy Reporting Requirements and Penalty Guidelines    1651-AA45
1223        Air Transit Program...................................................................    1651-AA50
1224        Changes to the Administrative Process for Petitions for Relief Regarding Seizures and     1651-AA58
            Forfeitures Resulting From Violations of Immigration and Naturalization Laws..........
1225        Container Seals.......................................................................    1651-AA61
1226        Passenger Manifest for Commercial Aircraft Arriving In and Departing From the United      1651-AA62
            States; Passengers and Crew Manifests for Commercial Vessels Departing From the United
            States................................................................................
1227        Use of Sampling Methods in CBP Audits and Offsetting of Overpayments and Over-            1651-AA64
            Declarations in 19 U.S.C. 1592 Penalty Cases..........................................
----------------------------------------------------------------------------------------------------------------


                            Bureau of Customs and Border Protection--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1228        Elimination of Immigration and Naturalization Service-Issued Mexican and Canadian         1651-AA08
            Border Crossing Cards.................................................................
1229        Extension of 25-Mile Limit at Select Arizona Ports-of-Entry...........................    1651-AA11
1230        Access to Customs Security Areas at Airports..........................................    1651-AA38
1231        Conditional Release Period and Customs Bond Obligations for Food, Drugs, Devices, and     1651-AA39
            Cosmetics.............................................................................
1232        Passenger Name Record Information Required for Passengers on Flights in Foreign Air       1651-AA40
            Transportation To or From the United States...........................................
1233        Confidentiality of Commercial Information.............................................    1651-AA47
1234        Letters and Documents; Advance Electronic Presentation of Cargo Data..................    1651-AA55
1235        Remittance of Immigration User Fee....................................................    1651-AA57
1236        Extension of Time Limit on Admission of Certain Mexican Nationals.....................    1651-AA60
----------------------------------------------------------------------------------------------------------------


                           Bureau of Customs and Border Protection--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1237        Visa Waiver Program...................................................................    1651-AA00
1238        Inspection and Expedited Removal of Aliens; Detention and Removal of Aliens; Conduct      1651-AA04
            of Removal Proceedings................................................................
1239        Establishment of Preinspected Automated Lane (PAL) Program............................    1651-AA06
1240        Amendment of the Regulatory Definition of Arriving Alien..............................    1651-AA07
1241        Removal of Visa and Passport Waiver for Certain Permanent Residents of Canada and         1651-AA23
            Bermuda...............................................................................
1242        Nonimmigrant Visa Exemption for Nationals of the British Virgin Islands Entering the      1651-AA29
            United States Through St. Thomas, U.S. Virgin Islands.................................
1243        Procedures Governing the Border Release Advanced Screening and Selectivity (BRASS)        1651-AA35
            Program...............................................................................
----------------------------------------------------------------------------------------------------------------


                           Bureau of Customs and Border Protection--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1244        Electronic Transmission of Passenger and Crew Manifests for Vessels and Aircraft......    1651-AA37
1245        Publication of Administrative Forfeiture Notices......................................    1651-AA48
----------------------------------------------------------------------------------------------------------------


[[Page 26899]]


                           Transportation Security Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1246        Foreign Air Carriers..................................................................    1652-AA40
1247        Transportation Worker Identification Credential.......................................    1652-AA41
1248        Modification of the Aviation Security Infrastructure Fee..............................    1652-AA43
1249        Due Process for FAA Certificate Holders and for Other Threat Assessments..............    1652-AA44
1250        Registered Traveler...................................................................    1652-AA47
1251        Privacy Act of 1974: Implementation of Exemptions; Secure Flight Records..............    1652-AA48
----------------------------------------------------------------------------------------------------------------


                            Transportation Security Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1252        Security Threat Assessment for Individuals Applying for a Hazardous Materials             1652-AA17
            Endorsement for a Commercial Drivers License..........................................
1253        Air Cargo Security Requirements.......................................................    1652-AA23
1254        Privacy Act of 1974: Implementation of Exemptions; Transportation Security                1652-AA34
            Intelligence Service (TSIS) Operations Files..........................................
1255        Privacy Act of 1974: Implementation of Exemptions; Registered Traveler Operations         1652-AA36
            Files.................................................................................
1256        Secure Flight Program.................................................................    1652-AA45
1257        Technical Amendment: Administrative Change to the Official Title of the Head of TSA...    1652-AA46
----------------------------------------------------------------------------------------------------------------


                            Transportation Security Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1258        Imposition and Collection of Passenger Civil Aviation Security Service Fees...........    1652-AA00
1259        Aviation Security Infrastructure Fees.................................................    1652-AA01
1260        Civil Aviation Security Rules.........................................................    1652-AA02
1261        Security Programs for Aircraft Weighing 12,500 Pounds or More.........................    1652-AA03
1262        Private Charter Security Rules........................................................    1652-AA04
1263        Background Checks for Airport Workers.................................................    1652-AA06
1264        Protection of Sensitive Security Information..........................................    1652-AA08
1265        Security Compliance Program for Aircraft Operators....................................    1652-AA09
1266        Security Compliance Program for Airports..............................................    1652-AA10
1267        Criminal History Records Checks.......................................................    1652-AA11
1268        Transportation of Explosives From Canada to the United States Via Commercial Motor        1652-AA16
            Vehicle and Railroad Carrier..........................................................
1269        Surface Transportation Security Directives............................................    1652-AA26
1270        Flight Training for Aliens and Other Designated Individuals; Security Awareness           1652-AA35
            Training for Flight School Employees..................................................
1271        Aircraft Repair Station Security......................................................    1652-AA38
1272        Enhanced Security Procedures for Operations at Certain Airports in the Washington, DC     1652-AA39
            Metropolitan Area Flight Restricted Zone..............................................
----------------------------------------------------------------------------------------------------------------


                            Transportation Security Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1273        Marine Vessel Security Standards--Prohibited Items....................................    1652-AA22
1274        Federal Flight Deck Officer Program...................................................    1652-AA24
1275        Maritime Transportation Security Act-- Background Checks for Maritime Workers.........    1652-AA27
1276        Hazmat Fee Rule: Fees for Security Threat Assessments on Hazmat Drivers...............    1652-AA33
1277        Sensitive Security Information (SSI) for Land Modes...................................    1652-AA37
----------------------------------------------------------------------------------------------------------------


[[Page 26900]]


                       Bureau of Immigration and Customs Enforcement--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1278        Procedures for Detainee Hunger Strikes................................................    1653-AA12
1279        Interest Payments on Cancelled Cash Bonds.............................................    1653-AA20
1280        Transfer of Flight Training Programs Under the Department of State Oversight to the       1653-AA43
            Department of Homeland Security.......................................................
1281        Strengthening Control Over Immigration Surety Bonds...................................    1653-AA45
----------------------------------------------------------------------------------------------------------------


                         Bureau of Immigration and Customs Enforcement--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1282        Requiring Aliens Ordered Removed From the United States To Surrender to the Department    1653-AA05
            of Homeland Security for Removal......................................................
1283        Early Release for Removal of Criminal Aliens in State Custody for Nonviolent Offenses.    1653-AA06
1284        Power of Secretary of the Department of Homeland Security To Terminate Deportation        1653-AA08
            Proceedings and Initiate Removal Proceedings..........................................
1285        Detention of Aliens Subject to Final Orders of Removal................................    1653-AA13
1286        Custody Procedures....................................................................    1653-AA14
1287        Address Notification To Be Filed With Designated Applications.........................    1653-AA15
1288        Abbreviation or Waiver of Training for State or Local Law Enforcement Officers            1653-AA18
            Authorized To Enforce Immigration Law During a Mass Influx of Aliens..................
1289        SEVIS Reporting Requirements of Academic Institutions at the Start of Each Term or        1653-AA28
            Session...............................................................................
1290        Changes in Registration Policies and Monitoring of Certain Nonimmigrants..............    1653-AA29
1291        Extending the Period of Duration of Status for Certain F and J Nonimmigrant Aliens....    1653-AA30
1292        Requiring Certification of All Service-Approved Schools for Enrollment in the Student     1653-AA31
            and Exchange Visitor Information System (SEVIS).......................................
1293        Reduced Course Load for Certain F and M Nonimmigrant Students at Border Communities...    1653-AA32
1294        Denial and Withdrawal for Approval of Schools for Attendance by Nonimmigrant Students.    1653-AA33
1295        Authorizing Suspension of Employment Authorization Requirements on the Basis of Severe    1653-AA34
            Economic Hardship for F-1 Students and Emergent Circumstances.........................
1296        Change in Business Practices; Acceptance of Payments of Fees By Credit Card and Other     1653-AA36
            Electronic Means Where Possible.......................................................
1297        Implementation of the Border Commuter Student Act of 2002.............................    1653-AA37
1298        Civil Monetary Penalties Inflation Adjustment.........................................    1653-AA39
1299        Establishing Procedures for Recertification of Schools Approved by the Student and        1653-AA42
            Exchange Visitor Program (SEVP) to Enroll F or M Nonimmigrant Students................
1300        Establish Compliance Criteria and Comprehensive Fee for Recertification of Schools        1653-AA44
            Approved by the Student and Exchange Visitor Program (SEVP) To Enroll F or M
            Nonimmigrant Students.................................................................
1301        Duties of Officers; Administrative Control of Removal Orders..........................    1653-AA46
1302        Electronic Signature and Storage of Form I-9, Employment Eligibility Verification.....    1653-AA47
----------------------------------------------------------------------------------------------------------------


                        Bureau of Immigration and Customs Enforcement--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1303        Employer Sanctions Modifications......................................................    1653-AA01
1304        Agreement Promising Nondeportation or Other Immigration Benefits......................    1653-AA02
1305        Protection and Assistance for Victims of Trafficking..................................    1653-AA09
1306        Powers and Authorities of Officers and Employees......................................    1653-AA27
1307        Removal of Companies Holding a Certificate From the Secretary of the Treasury as an       1653-AA38
            Acceptable Surety on Immigration Bonds................................................
1308        Requirements for Admission, Extension, and Maintenance of Nonimmigrant Status; Effect     1653-AA40
            of Visa Revocation....................................................................
----------------------------------------------------------------------------------------------------------------


[[Page 26901]]


                        Bureau of Immigration and Customs Enforcement--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1309        Nonimmigrant Classes; S Classification; Law Enforcement Initiatives; Alien Witnesses..    1653-AA00
1310        Use of Parole for Humanitarian Reasons or Significant Public Benefit..................    1653-AA04
1311        Increasing the Number of Officers Authorized To Issue Notices To Appear and Arrest        1653-AA10
            Warrants for Immigration Violations...................................................
1312        Authorizing Collection of Fee Levied on F, J, and M Nonimmigrant Classifications Under    1653-AA23
            Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA)..................
1313        Revision of the Regulations Concerning F, J, and M Nonimmigrant Classifications.......    1653-AA24
1314        Countries To Which Aliens May Be Removed..............................................    1653-AA35
1315        Execution of Removal Orders; Countries to Which Aliens May Be Removed.................    1653-AA41
----------------------------------------------------------------------------------------------------------------


                  Directorate of Emergency Preparedness and Response/FEMA--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1316        Disaster Assistance; Fire Management Assistance Grant Program.........................    1660-AA26
1317        National Flood Insurance Program; Standard Flood Insurance Policy; Expansion of           1660-AA30
            Increased Cost of Compliance (ICC) Coverage and Prospective Payment of Flood Insurance
            Premiums..............................................................................
----------------------------------------------------------------------------------------------------------------


                    Directorate of Emergency Preparedness and Response/FEMA--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1318        Assistance Program Under the 9/11 Heroes Stamp Act of 2001............................    1660-AA34
1319        Conduct at the Mt. Weather Emergency Operations Center, the Olney Federal Support         1660-AA42
            Center, the National Emergency Training Center, and the Noble Training Center.........
----------------------------------------------------------------------------------------------------------------


                   Directorate of Emergency Preparedness and Response/FEMA--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1320        Flood Mitigation Assistance Program...................................................    1660-AA00
1321        Criminal and Civil Penalties Under the Robert T. Stafford Disaster Relief and             1660-AA01
            Emergency Assistance Act..............................................................
1322        Disaster Assistance; Hazard Mitigation Grant Program..................................    1660-AA02
1323        Debt Collection.......................................................................    1660-AA05
1324        National Urban Search and Rescue Response System......................................    1660-AA07
1325        National Flood Insurance Program (NFIP); Insurance Coverage and Rates.................    1660-AA09
1326        Hazard Mitigation Planning and Hazard Mitigation Grant Program........................    1660-AA17
1327        Disaster Assistance; Federal Assistance to Individuals and Households.................    1660-AA18
1328        Management Costs......................................................................    1660-AA21
1329        National Flood Insurance Program (NFIP); Group Flood Insurance Policy (GFIP)..........    1660-AA22
1330        Disaster Assistance; Crisis Counseling Regular Program; Amendment to Regulation.......    1660-AA23
1331        National Flood Insurance Program (NFIP); Assistance to Private Sector Property            1660-AA28
            Insurers..............................................................................
1332        National Flood Insurance Program (NFIP); Assistance to Private Sector Property            1660-AA29
            Insurers; Extension of Term of Arrangement............................................
1333        Disaster Assistance; Public Assistance Insurance Requirements.........................    1660-AA32
1334        Estimating Eligible Cost..............................................................    1660-AA33
1335        National Flood Insurance Program (NFIP); State Renewal of Group Flood Insurance Policy    1660-AA35
1336        Pilot Program for the Mitigation of Severe Repetitive Loss Properties.................    1660-AA36
1337        Flood Mitigation Assistance Program...................................................    1660-AA37
1338        Grants for Repetitive Insurance Claim Properties......................................    1660-AA38
1339        Disaster Assistance; Hazard Mitigation Grant Program..................................    1660-AA39
1340        Pre-Disaster Mitigation Program.......................................................    1660-AA40
1341        National Flood Insurance Program; Appeal of Decisions Relating to Flood Insurance         1660-AA41
            Coverage..............................................................................

[[Page 26902]]

 
1342        Hazard Mitigation Planning and Hazard Mitigation Grant Program Funding................    1660-AA43
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


Department of Homeland Security (DHS)               Proposed Rule Stage


Office of the Secretary (OS)



_______________________________________________________________________




1050. SUPPLEMENTAL STANDARDS OF CONDUCT FOR EMPLOYEES OF THE DEPARTMENT 
OF HOMELAND SECURITY

Priority: Info./Admin./Other. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 5 CFR 2625.105

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: This regulation will tailor the Executive Branchwide 
Standards of Conduct for application in DHS. This regulation will 
replace the existing regulations of agencies that were incorporated 
into DHS that have continued to apply to those employees whose duties 
and organizational structure have remained largely unchanged after 
their incorporation. Two significant areas to be addressed are outside 
employment and participation as an officer or director of non-
Governmental organizations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Agency Contact: Robert E. Coyle, Designated Agency Ethics Official, 
Department of Homeland Security, Washington, DC 20528
Phone: 202 692-4248
Fax: 202 772-9728

RIN: 1601-AA17
_______________________________________________________________________




1051. UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE 
AGREEMENTS; ADMINISTRATION OF GRANTS AND AGREEMENTS WITH INSTITUTIONS OF 
HIGHER ED., HOSPITALS, AND OTHER NONPROFIT ORGS.

Priority: Info./Admin./Other. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 31 USC 503; 31 USC 1111; 41 USC 405; Reorganization 
Plan No. 2 of 1970; EO 11541

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: The Department of Homeland Security (DHS) is issuing 
regulations that will establish uniform administrative procedures for 
Federal grants and cooperative agreements and subawards to State, 
local, and Indian tribal governments and for Federal grants and 
agreements with institutions of higher education, hospitals and other 
nonprofit organizations. DHS is also issuing regulations setting for 
audit requirements of State and local governments and nonprofit 
organizations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/00/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Local, State

Agency Contact: Van Pace, Chief Procurement Officer, Department of 
Homeland Security, Washington, DC 20528
Phone: 202 205-3608
Email: [email protected]

RIN: 1601-AA18
_______________________________________________________________________




1052. IDENTIFYING, SAFEGUARDING, AND SHARING SENSITIVE HOMELAND SECURITY 
INFORMATION

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

Legal Authority: PL 107-296; 116 Stat 2135; 6 USC 301

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: This proposed regulation will establish procedures for 
sharing, identifying and safeguarding, processing and handling, 
Homeland Security Information between agencies and appropriate State, 
Tribal, local and private sector personnel.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/05

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Federal, Local, State

Federalism:  This action may have federalism implications as defined in 
EO 13132.

Agency Contact: Grace Mastalli, Deputy Director, ISCO, Department of 
Homeland Security, Washington, DC 20528
Phone: 202 282-9415
Fax: 202-282-8828
Email: [email protected]

RIN: 1601-AA25

[[Page 26903]]

_______________________________________________________________________


Department of Homeland Security (DHS)                  Final Rule Stage


Office of the Secretary (OS)



_______________________________________________________________________




1053. FREEDOM OF INFORMATION ACT AND PRIVACY ACT PROCEDURES

Priority: Substantive, Nonsignificant

Legal Authority: PL 107-296, 116 Stat 2135; 5 USC 301; 5 USC 552; 5 USC 
552(a)

CFR Citation: 6 CFR 5.1

Legal Deadline: None

Abstract: This action establishes procedures for the Department's 
Office of the Secretary, necessary to implement the Freedom of 
Information Act (5 U.S.C. 552) (FOIA) and the Privacy Act (5 U.S.C. 
552a) (Privacy Act). The provisions of this subpart shall apply to each 
component of the Department. FOIA provides for the full disclosure of 
agency records and information to the public unless that information is 
exempt under clearly delineated statutory language. The Privacy Act 
serves to safeguard public interest in informational privacy by 
delineating the duties and responsibilities of Federal agencies that 
collect, store, and disseminate personal information about individuals. 
The procedures established here assist the Department in satisfying its 
responsibility to the public to disclose departmental information while 
simultaneously safeguarding individual privacy. The Privacy Act serves 
to balance the Government's need to maintain information about 
individuals with the rights of individuals to be protected against 
unwarranted invasions of their privacy stemming from Federal agencies' 
collection, maintenance, use, and disclosure of personal information 
about them. Agencies are required to issue regulations outlining the 
agency's rules and procedures for implementation of the Privacy Act and 
its provisions in the agency. This action includes DHS procedures on 
how individuals may request access to information about themselves, 
request amendment or correction of those records, and request an 
accounting of disclosures of their records by the Department.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              01/27/03                     68 FR 4056
Interim Final Rule Effective    01/27/03
Interim Final Rule Comment 
Period End                      02/26/03
Final Action                    09/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Elizabeth Withnell, Chief Counsel to the Privacy 
Officer, Department of Homeland Security, Washington, DC 20528
Phone: 202 772-5015
Fax: 202 772-5036
Email: [email protected]

Tony Kendrick, Director, Departmental Disclosure, Department of 
Homeland Security, Washington, DC 20528
Phone: 202 772-9848
Email: [email protected]

RIN: 1601-AA00
_______________________________________________________________________




1054. PRODUCTION OR DISCLOSURE OF OFFICIAL INFORMATION IN CONNECTION 
WITH LEGAL PROCEEDINGS

Priority: Substantive, Nonsignificant

Legal Authority: PL 107-296, 116 Stat 2135; 5 USC 301; 5 USC 552; 5 USC 
552(a)

CFR Citation: 6 CFR 5.1

Legal Deadline: None

Abstract: This action establishes procedures governing the disclosure 
of information in connection with litigation and certain other types of 
proceedings.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              01/27/03                     68 FR 4070
Interim Final Rule Effective    01/27/03
Interim Final Rule Comment 
Period End                      02/26/03
Interim Final Rule              09/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Michael Russell, Acting Deputy Associate General 
Counsel, Department of Homeland Security, Office of the General 
Counsel, Washington, DC 20528
Phone: 202 205-4634
Fax: 202 772-9735
Email: [email protected]

RIN: 1601-AA01
_______________________________________________________________________




1055. CLASSIFIED NATIONAL SECURITY INFORMATION

Priority: Other Significant

Legal Authority: PL 107-296, 116 Stat 2135; 5 USC 301; EO 12958; EO 
13142; 3 CFR ch 1

CFR Citation: 6 CFR 7.1

Legal Deadline: None

Abstract: This final rule will implement Executive Order 12958, 
``Classified National Security Information,'' as amended, by 
establishing elements of the Department of Homeland Security's 
classified national security information regulations, specifically the 
Secretary of Homeland Security's designation of a Senior Agency 
Official to direct and administer the classified information program at 
the Department of Homeland Security.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              01/27/03                     68 FR 4073
Interim Final Rule Effective    01/27/03
Interim Final Rule Comment 
Period End                      02/26/03
Final Action                    07/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Agency Contact: John J. Young, Department of Homeland Security, Office 
of Security, Washington, DC 20528
Phone: 202 358-1438
Fax: 202 772-9741
Email: [email protected]

RIN: 1601-AA02
_______________________________________________________________________




1056. ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF DISABILITY IN 
DEPARTMENT OF HOMELAND SECURITY PROGRAMS OR ACTIVITIES

Priority: Substantive, Nonsignificant

Legal Authority: PL 107-296, 116 Stat 2135; 5 USC 301; 29 USC 794

CFR Citation: 6 CFR 15.1

Legal Deadline: None

Abstract: This interim final rule establishes for the Department of 
Homeland Security, procedures for the enforcement of section 504 of the 
Rehabilitation Act of 1973, as amended, which prohibits discrimination 
on the

[[Page 26904]]

basis of handicap, as it applies to programs or activities conducted by 
the Department. The rule establishes standards for what constitutes 
discrimination on the basis of mental or physical handicap, provides a 
definition for individual with handicaps and qualified individual with 
handicaps, and establishes a complaint mechanism for resolving 
allegations of discrimination.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              03/06/03                    68 FR 10886
Interim Final Rule Comment 
Period End                      04/07/03
Interim Final Rule Effective    04/07/03
Interim Final Rule              10/00/05
Interim Final Rule Comment 
Period End                      12/00/05
Final Action                    05/00/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Agency Contact: Tim Keefer, Department of Homeland Security, Civil 
Rights and Civil Liberties, Washington, DC 20528
Phone: 202 205-4529
Fax: 202 772-9738
Email: [email protected]

RIN: 1601-AA03
_______________________________________________________________________




1057. GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) AND 
GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE

Priority: Substantive, Nonsignificant

Legal Authority: PL 107-296, 116 Stat 2135; 5 USC 301; PL 100-690; 41 
USC 701

CFR Citation: 6 CFR 27.1

Legal Deadline: None

Abstract: This action establishes new procedures under Executive Order 
12549, signed February 18, 1986, and Executive Order 12689, signed 
August 16, 1989. This regulation is similar to rules of other Federal 
agencies as part of a uniform system of nonprocurement debarment and 
suspension. The rules are intended to prevent waste, fraud, and abuse, 
in Federal nonprocurement transactions.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    01/00/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Agency Contact: Michael Russell, Acting Deputy Associate General 
Counsel, Department of Homeland Security, Office of the General 
Counsel, Washington, DC 20528
Phone: 202 205-4634
Fax: 202 772-9735
Email: [email protected]

RIN: 1601-AA10
_______________________________________________________________________




1058. PROGRAM FRAUD CIVIL REMEDIES

Priority: Substantive, Nonsignificant

Legal Authority: PL 107-296, 116 Stat 2135; 5 USC 301; 31 USC 3801 to 
3812

CFR Citation: 6 CFR 19.1

Legal Deadline: None

Abstract: This action implements the Program Fraud Civil Remedies Act 
of 1986, which is codified at 31 U.S.C. 3801-3812. This Act imposes 
through administrative adjudication, civil penalties, and assessments 
against certain persons making false claims or statements.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              10/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Agency Contact: Michael Russell, Acting Deputy Associate General 
Counsel, Department of Homeland Security, Office of the General 
Counsel, Washington, DC 20528
Phone: 202 205-4634
Fax: 202 772-9735
Email: [email protected]

RIN: 1601-AA11
_______________________________________________________________________




1059. REGULATIONS IMPOSING RESTRICTIONS UPON LOBBYING

Priority: Substantive, Nonsignificant

Legal Authority: PL 107-296, 116 Stat 2135; 5 USC 301; 31 USC 1352, PL 
101-121

CFR Citation: 6 CFR 9.1

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              03/06/03                    68 FR 10912
Interim Final Rule Effective    03/06/03
Interim Final Rule Comment 
Period End                      04/07/03
Final Action                    01/00/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Agency Contact: Michael Russell, Acting Deputy Associate General 
Counsel, Department of Homeland Security, Office of the General 
Counsel, Washington, DC 20528
Phone: 202 205-4634
Fax: 202 772-9735
Email: [email protected]

RIN: 1601-AA12
_______________________________________________________________________




1060. NATIONAL ENVIRONMENTAL POLICY ACT PROCEDURES

Priority: Substantive, Nonsignificant

Legal Authority: PL 107-296; 5 USC 301; 42 USC 4321 et seq; 40 CFR 1500 
to 1508; EO 12114; EO 12898

CFR Citation: Not Yet Determined

Legal Deadline: Final, Statutory, August 1, 2003.

Abstract: The purpose of this action is to establish the procedures 
that the Department of Homeland Security shall use to comply with 
section 102(2) of the National Environmental Policy Act (NEPA) of 1969, 
as amended (42 U.S.C. 4332(2)); the Council on Environmental Quality's 
(CEQ) regulations for

[[Page 26905]]

implementing the procedural provisions of NEPA (40 CFR parts 1500-
1508); Executive Order 12114, ``Environmental Effects Abroad of Major 
Federal Actions,'' dated January 4, 1979; and Executive Order 12898, 
``Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations,`` dated February 11, 1994. This 
publication is to be used in conjunction with the CEQ regulations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Case Opened                     06/14/04                    69 FR 33043
Comment Period End              07/14/04
Final Action                    09/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Agency Contact: David Reese, Director, Office of Safety and 
Environment, Department of Homeland Security, Washington, DC 20528
Phone: 202 692-4224
Email: [email protected]

RIN: 1601-AA13
_______________________________________________________________________




1061. PROCEDURES FOR HANDLING CRITICAL INFRASTRUCTURE INFORMATION

Priority: Other Significant

Legal Authority: PL 107-296, 116 Stat 2135; 5 USC ch 1, sec 301; 
Section 214 of The Homeland Security Act of 2002

CFR Citation: 6 CFR 29

Legal Deadline: None

Abstract: This notice of proposed rulemaking establishes the procedures 
necessary to fulfill the provisions of section 214(e) of the Critical 
Infrastructure Information (CII) Act of 2002. This regulation 
establishes uniform procedures for the receipt, care, and storage of 
CII voluntarily submitted to the Federal Government. These procedures 
apply to all Federal agencies that receive, care for, or store CII 
voluntarily submitted to the Federal Government pursuant to the CII Act 
of 2002 (6 U.S.C. 214). In addition, these procedures apply to United 
States Government contractors, to foreign, State, and local 
governments, and Government authorities, pursuant to their express 
agreements.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/15/03                    68 FR 18524
NPRM Comment Period End         06/16/03
Interim Final Rule              02/20/04                     69 FR 8073
Interim Final Rule Effective    02/20/04
Interim Final Rule Comment 
Period End                      05/20/04
Final Action                    08/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Federalism:  This action may have federalism implications as defined in 
EO 13132.

Agency Contact: Raghav Kotval, Department of Homeland Security, 
Washington, DC 20528
Phone: 202 772-5025

RIN: 1601-AA14
_______________________________________________________________________




1062. REGULATIONS IMPLEMENTING THE SUPPORT ANTITERRORISM BY FOSTERING 
EFFECTIVE TECHNOLOGIES ACT OF 2002 (THE SAFETY ACT)

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: Safety Act, 6 USC 441 to 444

CFR Citation: 6 CFR 25

Legal Deadline: None

Abstract: This second interim rule implements subtitle G of title VIII 
of the Homeland Security Act of 2002--the Support of Antiterrorism by 
Fostering Effective Technologies Act of 2002 (the SAFETY Act). As 
discussed in the SAFETY Act, through regulations promulgated by the 
Department of Homeland Security (the Department), it provides critical 
incentives for the development and deployment of antiterrorism 
technologies by providing liability protections for sellers of 
``qualified antiterrorism technologies'' and others.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/11/03                    68 FR 41419
NPRM Comment Period End         08/11/03
Interim Final Rule              08/16/03                    68 FR 59683
Interim Final Rule Effective    10/16/03
Interim Final Rule Comment 
Period End                      12/15/03
Interim Final Rule              08/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Wendy Howe, Directorate of Science and Technology, 
Department of Homeland Security, Washington, DC 20528
Phone: 703 575-4511

RIN: 1601-AA15
_______________________________________________________________________




1063. HOMELAND SECURITY ACQUISITION REGULATION (HSAR)

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 41 USC 418b(a); 41 USC 418(b)

CFR Citation: 48 CFR ch 30

Legal Deadline: None

Abstract: This final rule revises the Homeland Security Acquisition 
Regulation published in the December 4, 2003, Federal Register (69 FR 
67868) as an interim rule. It addresses public comments received as a 
result of the December 4, 2003, interim rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              12/04/03                    68 FR 67868
Interim Final Rule Effective    12/04/03
Interim Final Rule Comment 
Period End                      01/05/04
Final Action                    09/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Kathy Strouss, Department of Homeland Security, Office 
of the Chief of Procurement, Washington, DC 20528
Phone: 202 205-0141

RIN: 1601-AA16

[[Page 26906]]

_______________________________________________________________________


Department of Homeland Security (DHS)                 Long-Term Actions


Office of the Secretary (OS)



_______________________________________________________________________




1064. NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR 
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

Priority: Substantive, Nonsignificant

Legal Authority: PL 107-296, 116 Stat 2135; 5 USC 301; 20 USC 1681 to 
1683; 20 USC 1685 to 1688

CFR Citation: 6 CFR 17.1

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              03/06/03                    68 FR 10892
Interim Final Rule Effective    03/06/03
Interim Final Rule Comment 
Period End                      04/07/03
Final Action                    05/00/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Agency Contact: Tim Keefer, Department of Homeland Security, Civil 
Rights and Civil Liberties, Washington, DC 20528
Phone: 202 205-4529
Fax: 202 772-9738
Email: [email protected]

RIN: 1601-AA04
_______________________________________________________________________




1065. REGULATIONS REGARDING NONDISCRIMINATION ON THE BASIS OF RACE, 
COLOR, OR NATIONAL ORIGIN IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL 
FINANCIAL ASSISTANCE

Priority: Substantive, Nonsignificant

Legal Authority: PL 107-296, 116 Stat 2135; 5 USC 310; 42 USC 2000d to 
2000d-7

CFR Citation: 6 CFR 21.1

Legal Deadline: None

Abstract: This action effectuates the provisions of title VI of the 
Civil Rights Act of 1964 to the end that no person in the United States 
shall, on the grounds of race, color, or national origin, be excluded 
from participation in, be denied the benefits of, or be otherwise 
subjected to discrimination under any program or activity receiving 
Federal financial assistance from the Department of Homeland Security.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              03/06/03                    68 FR 10904
Interim Final Rule Effective    03/06/03
Interim Final Rule Comment 
Period End                      04/07/03
Final Action                    05/00/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Agency Contact: Tim Keefer, Department of Homeland Security, Civil 
Rights and Civil Liberties, Washington, DC 20528
Phone: 202 205-4529
Fax: 202 772-9738
Email: [email protected]

RIN: 1601-AA05
_______________________________________________________________________




1066. AUTHORITY OF THE SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY; 
DELEGATIONS OF AUTHORITY; IMMIGRATION LAWS

Priority: Substantive, Nonsignificant

Legal Authority: PL 107-296, 116 Stat 2135; 5 USC 301; 8 USC 1101; 8 
USC 1103

CFR Citation: 8 CFR 1.1; 8 CFR 2.1; 8 CFR 103.1; 8 CFR 239.1

Legal Deadline: None

Abstract: This action amends certain regulations relating to the 
administration and enforcement of the immigration laws to reflect the 
authority of the Secretary of the Department of Homeland Security 
(DHS), and to address delegation of that authority within the 
Department, as a result of the March 1, 2003, transfer of the 
Immigration and Naturalization Service of the Department of Justice to 
DHS.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              03/06/03                    68 FR 10922
Interim Final Rule Effective    03/06/03
Interim Final Rule Comment 
Period End                      04/07/03
Final Action                    05/00/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Agency Contact: Daniel Brown, Deputy Associate General Counsel, 
Department of Homeland Security, Office of the General Counsel, 
Washington, DC 20528
Phone: 202 282-9111
Email: [email protected]

RIN: 1601-AA06
_______________________________________________________________________




1067. PROCEDURES RELATING TO AWARDS UNDER THE EQUAL ACCESS TO JUSTICE 
ACT

Priority: Substantive, Nonsignificant

Legal Authority: PL 107-296, 116 Stat 2135; 5 USC 301; 5 USC 504(c)(1)

CFR Citation: 6 CFR 13.1

Legal Deadline: None

Abstract: This action implements the provisions of the Equal Access to 
Justice Act, which provides for the award of attorney fees and other 
expenses to eligible individuals, and entities who are parties to 
certain administrative proceedings before agencies of the Federal 
Government, including the Department of Homeland Security (DHS). The 
purpose of these rules is to establish procedures for the submission 
and consideration of applications for awards before DHS.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Agency Contact: Michael Russell, Acting Deputy Associate General 
Counsel, Department of Homeland Security, Office of the General 
Counsel, Washington, DC 20528
Phone: 202 205-4634
Fax: 202 772-9735
Email: [email protected]

RIN: 1601-AA22

[[Page 26907]]

_______________________________________________________________________




1068. COLLECTION OF NONTAX DEBTS OWED TO THE DEPARTMENT OF HOMELAND 
SECURITY

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: PL 107-296; 116 Stat 2135; 5 USC 301; 5 USC 5514; 26 
USC 6402; 31 USC 3701; 31 USC 3711; 31 USC 3716 to 3718; 31 USC 3720A; 
31 USC 3720B; 31 USC 3720D; . . .

CFR Citation: 6 CFR 23.1

Legal Deadline: None

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

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michael Russell, Acting Deputy Associate General 
Counsel, Department of Homeland Security, Office of the General 
Counsel, Washington, DC 20528
Phone: 202 205-4634
Fax: 202 772-9735
Email: [email protected]

RIN: 1601-AA23
_______________________________________________________________________




1069. RIGHT TO FINANCIAL PRIVACY

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: PL 107-296; 116 Stat 2135; 5 USC 3012; 12 USC 3401 et 
seq, Right to Financial Privacy Act of 1978; . . .

CFR Citation: 6 CFR 25.1

Legal Deadline: None

Abstract: This regulation establishes procedures for requesting 
information under the Right to Financial Privacy Act of 1978 (12 U.S.C. 
3401 et seq.). The Act provides for the protection of financial records 
and information from disclosure by financial institutions. Under 
certain limited circumstances and procedures, the Act permits law 
enforcement agencies to request financial records from the holding 
financial institution. These proposed provisions will authorize 
Departmental units to request such information under the format request 
procedure established by section 1108 of the Act.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Agency Contact: Michael Russell, Acting Deputy Associate General 
Counsel, Department of Homeland Security, Office of the General 
Counsel, Washington, DC 20528
Phone: 202 205-4634
Fax: 202 772-9735
Email: [email protected]

RIN: 1601-AA24
_______________________________________________________________________


Department of Homeland Security (DHS)                 Completed Actions


Office of the Secretary (OS)



_______________________________________________________________________




1070. DEPARTMENT OF HOMELAND SECURITY (DHS) HUMAN RESOURCES MANAGEMENT 
SYSTEM

Priority: Other Significant

Legal Authority: PL 107-296, Homeland Security Act

CFR Citation: 5 CFR 9701

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/20/04                     69 FR 8030
NPRM Comment Period End         03/22/04
Final Action                    02/01/05                     70 FR 5272
Final Action Effective          03/03/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Kay Frances Dolan, Department of Homeland Security,

[[Page 26908]]

1201 New York Avenue NW., Washington, DC 20528
Phone: 202 357-8202
Fax: 202 357-8295
Email: [email protected]

Related RIN: Related to 3206-AK31
RIN: 1601-AA21
_______________________________________________________________________




1071. [bull] PRIVACY ACT OF 1974: IMPLEMENTATION OF EXEMPTION

Priority: Routine and Frequent

Legal Authority: PL 107-296; 6 USC 101 et seq; 5 USC 301; 5 USC 552(a) 
to 552(b)

CFR Citation: None

Legal Deadline: None

Abstract: DHS proposes to exempt two systems of record from one or more 
provisions of the Privacy Act.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       03/02/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Elizabeth Withnell, Chief Counsel to the Privacy 
Officer, Department of Homeland Security, Washington, DC 20528
Phone: 202 772-5015
Fax: 202 772-5036
Email: [email protected]

RIN: 1601-AA26
_______________________________________________________________________


Department of Homeland Security (DHS)               Proposed Rule Stage


U.S. Citizenship and Immigration Services (USCIS)



_______________________________________________________________________




1072. REVISED GROUNDS OF INADMISSIBILITY; EXCEPTIONS AND WAIVERS FOR 
IMMIGRANTS AND NONIMMIGRANTS

Priority: Other Significant. Major under 5 USC 801.

Legal Authority: 5 USC 552; 8 USC 1158 to 1160; 8 USC 1182 to 1184; 5 
USC 552a; 8 USC 1101 to 1103; 8 USC 1151; 8 USC 1153; 8 USC 1154; 8 USC 
1157

CFR Citation: 8 CFR 103; 8 CFR 207; 8 CFR 208; 8 CFR 210; 8 CFR 212; 8 
CFR 240; 8 CFR 241; 8 CFR 245; 8 CFR 245a; 8 CFR 249; 8 CFR 274a; 8 CFR 
299; . . .

Legal Deadline: None

Abstract: This rulemaking covers several grounds of inadmissibility 
applicable to those aliens seeking admission to the United States 
temporarily or permanently--criminal, security, labor certification, 
licensure requirements for foreign medical graduates and health care 
workers, failure to attend a removal proceeding, fraud, improperly 
issued immigrant visa, permanent ineligibility for U.S. citizenship, 
and miscellaneous grounds. It implements several pieces of legislation. 
The most significant is the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (IIRIRA), signed on September 30, 1996, 
which substantially revised most grounds of inadmissibility under 
section 212 of the Act and the waivers available to both immigrants and 
nonimmigrants.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/05
NPRM Comment Period End         12/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Additional Information: CIS No. 1413-92
Transferred from RIN 1115-AB45

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754
Email: [email protected]

RIN: 1615-AA00
_______________________________________________________________________




1073. INTERNATIONAL MATCHMAKING ORGANIZATIONS

Priority: Other Significant

Legal Authority: 8 USC 1375; PL 104-208

CFR Citation: 8 CFR 207; 28 CFR 68

Legal Deadline: None

Abstract: This rule requires international matchmaking organizations 
doing business in the United States to provide certain immigration 
information to any person recruited for matchmaking through these 
entities. This provision implements section 652 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996, Public Law 
104-208.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM (CIS No. 1838-97)         07/16/97                    62 FR 38041
ANPRM Comment Period End        09/15/97
NPRM (CIS No. 1838-97)          08/00/05

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: CIS No. 1838-97
Transferred from RIN 1115-AE77

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754
Email: [email protected]

RIN: 1615-AA11
_______________________________________________________________________




1074. SPECIAL IMMIGRANT JUVENILE PETITIONS

Priority: Other Significant

Legal Authority: 8 USC 1103; 8 CFR 2

CFR Citation: 8 CFR 204

Legal Deadline: None

[[Page 26909]]

Abstract: The Department proposes to amend its regulations to add 
eligibility and consent requirements for approvals of special immigrant 
juvenile petitions, Form I-360, Petition for Amerasian, Widow(er), or 
Special Immigrant. The proposed rule would require petitioners for 
special immigrant juvenile classification to demonstrate that a 
dependency order relating to the juvenile beneficiary (juvenile) was 
granted on account of abuse, neglect, or abandonment and establish that 
a court has determined that the juvenile should not be returned to the 
home country. The proposed rule would also provide that a dependency 
order may not serve as a precondition to the approval of the petition 
unless the Secretary gives his express consent. These changes are 
necessary to conform the regulations to the statutory eligibility 
changes made by the Departments of Commerce, Justice and State, the 
Judiciary, and Related Agencies Appropriations Act of 1998.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/05
NPRM Comment Period End         11/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 1948-98
Transferred from RIN 1115-AF11

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754
Email: [email protected]

RIN: 1615-AA15
_______________________________________________________________________




1075. IMMIGRANT AND NONIMMIGRANT; RELIGIOUS WORKERS

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1151; 8 USC 1153; 8 USC 
1154; 8 USC 1182; 8 USC 1186a; 8 USC 1255; 8 CFR 2

CFR Citation: 8 CFR 204

Legal Deadline: None

Abstract: On June 8, 1995, at 60 FR 29751, the Department of Justice 
published a final rule that provided that all persons, other than 
ministers, immigrating to the United States as religious workers must 
immigrate or adjust status to permanent residence before October 1, 
1997. By statute, this special immigrant category for religious workers 
expired on October 1, 2000. Congress extended the category again for an 
additional three years, until October 1, 2003. DHS is promulgating this 
regulation to implement the extension of this category and modify 
qualifying employment experience requirements for those persons 
affected by this provision of immigration regulations. In order to 
maintain consistency in the adjudication of nonimmigrant and special 
immigrant religious worker classifications, the nonimmigrant religious 
workers classification will, where appropriate, reflect the special 
immigration religious worker changes.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM (CIS No. 1436-94)          09/00/05
NPRM Comment Period End         11/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 1436-94
Transferred from RIN 1115-AF12

Agency Contact: Efren Hernandez, Chief, Business and Trade Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Office of Program and Regulations Development, (ULLICO) 3rd 
Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 353-8177

RIN: 1615-AA16
_______________________________________________________________________




1076. DISMISSAL OF ASYLUM APPLICATION FOR UNEXCUSED FAILURE TO APPEAR 
AND AFFECT ON ELIGIBILITY FOR EMPLOYMENT AUTHORIZATION

Priority: Other Significant

Legal Authority: 8 USC 1103; 8 USC 1158; 8 USC 1226; 8 USC 1252; 8 USC 
1282; 8 CFR 2; 8 USC 1101; 8 USC 1329a

CFR Citation: 8 CFR 208; 8 CFR 274a

Legal Deadline: None

Abstract: On December 6, 2000, a final rule was published by the 
Department of Justice to implement the asylum provisions of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). 
This DHS rule proposes to amend current regulations to clarify that 
dismissal of an asylum application will result in ineligibility for 
asylum-based employment authorization.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/05
NPRM Comment Period End         12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2011-99
Transferred from RIN 1115-AF38

Agency Contact: Joanna Ruppel, Deputy Director, Asylum Division, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, 3rd Floor, 20 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 272-1625
Fax: 202 272-1687
Email: [email protected]

RIN: 1615-AA18
_______________________________________________________________________




1077. SPECIAL IMMIGRANT STATUS FOR CERTAIN NATO CIVILIAN EMPLOYEES

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1151; 8 USC 1153; 8 USC 
1154

CFR Citation: 8 CFR 204; 8 CFR 214; 8 CFR 245; 8 CFR 274

Legal Deadline: None

Abstract: This rule amends Department regulations by establishing 
procedures for certain North Atlantic Treaty Organization (NATO) 
civilian employees and their family members to receive special 
immigrant status in the United States and become lawful permanent 
residents of this country. This rule also offers nonimmigrant

[[Page 26910]]

status to any parent or child of a NATO civilian employee who has been 
granted special immigrant status. This rule is intended to ensure the 
qualifying NATO employees and their family members are aware of their 
opportunity to acquire special immigrant status and adjustment of 
status or otherwise obtain corresponding nonimmigrant status.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/05
NPRM Comment Period End         12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 1984-99
Transferred from RIN 1115-AF44

Agency Contact: Efren Hernandez, Chief, Business and Trade Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Office of Program and Regulations Development, (ULLICO) 3rd 
Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 353-8177

RIN: 1615-AA21
_______________________________________________________________________




1078. INADMISSIBILITY TO ENTER THE UNITED STATES FOR FORMER U.S. 
CITIZENS WHO RENOUNCED CITIZENSHIP TO AVOID TAXATION

Priority: Other Significant

Legal Authority: 8 USC 1182(a)(10); PL 104-208

CFR Citation: 8 CFR 212

Legal Deadline: None

Abstract: This rule amends Department regulations by establishing 
procedures to be followed by DHS personnel and Department of State 
personnel in determining whether or not an expatriate alien is 
inadmissible to the United States under section 212(a)(10)(E) of the 
Immigration and Nationality Act. This ground of inadmissibility relates 
to former U.S. citizens who renounced U.S. citizenship on or after 
September 30, 1996, and the Secretary has determined that such 
renunciation was done for the purpose of avoiding taxation by the 
United States.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/05
NPRM Comment Period End         02/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2039-99
Transferred from RIN 1115-AF69

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754
Email: [email protected]

RIN: 1615-AA32
_______________________________________________________________________




1079. IMPLEMENTATION OF THE NUMERICAL LIMIT ON ASYLUM GRANTS AND REFUGEE 
ADMISSIONS BASED ON RESISTANCE TO COERCIVE POPULATION CONTROL MEASURES

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1157; 8 USC 1158; 8 USC 
1226; 8 USC 1252; 8 USC 1282; 8 CFR 2

CFR Citation: 8 CFR 208; 8 CFR 274a

Legal Deadline: None

Abstract: Section 601(b) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (IIRIRA) provides that, for any 
fiscal year, not more than a total of 1,000 refugees may be admitted or 
granted asylum based solely on resistance to coercive population 
control measures. This rule authorizes DHS and the Executive Office for 
Immigration Review of the Department of Justice to make conditional 
grants of asylum in those cases in which an applicant is found to merit 
asylum solely on the basis of resistance to coercive population control 
measures and establishes a mechanism for converting no more than 1,000 
conditional grants per fiscal year to final asylum grants. The rule 
also establishes procedures for administering a waiting list in those 
years that the number of conditional grants exceeds the statutory limit 
for final grants, reserves a certain number of authorization numbers 
for purposes of refugee admission, and addresses procedures for 
administering derivative conditional grants, terminating conditional 
grants, and other procedures specific to this rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/05
NPRM Comment Period End         12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2067-00
Transferred from RIN 1115-AF84

Agency Contact: Joanna Ruppel, Deputy Director, Asylum Division, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, 3rd Floor, 20 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 272-1625
Fax: 202 272-1687
Email: [email protected]

RIN: 1615-AA37
_______________________________________________________________________




1080. INTERCOUNTRY ADOPTIONS

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1151; 8 USC 1153; 8 USC 
1154; 8 USC 1182; 8 USC 1186a; 8 USC 1255; 8 USC 1641; 8 CFR 2

CFR Citation: 8 CFR 204

Legal Deadline: None

Abstract: The Department proposes to amend its regulations regarding 
the immigration of children of foreign states adopted by United States 
citizens. The proposed rule would establish a new definition of child 
to include children adopted from countries that have implemented the 
Hague Convention on Protection of Children and Co-operation in Respect 
of Intercountry Adoption. The proposed rule would also change 
evidentiary requirements for the immigration of adopted children to 
state that a certificate of adoption or custody issued by the Secretary 
of State of the United States is conclusive evidence of the 
relationship between an adoptive parent and the adoptive child. These

[[Page 26911]]

changes are necessary to conform the regulations to the Intercountry 
Adoption Act of 2000 (IAA) (Pub. L. 106-279). The proposed rule would 
also make other technical changes.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/05
NPRM Comment Period End         12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2098-00.
Transferred from RIN 1115-AF96

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754
Email: [email protected]

RIN: 1615-AA43
_______________________________________________________________________




1081. WAIVER OF FEES

Priority: Other Significant

Legal Authority: 5 USC 552; 5 USC 552a; 8 USC 1101; 8 USC 1103; 8 USC 
1201; 8 USC 1252; 8 USC 1252(b); 8 USC 1252(note); 8 USC 1304; 8 USC 
1356

CFR Citation: 8 CFR 103; 8 CFR 244

Legal Deadline: None

Abstract: This rule proposes to amend Department regulations concerning 
the adjudication of requests for fee waivers filed by applicants for 
DHS benefits pursuant to 8 CFR 103.7(c). This applies to a waiver of 
fees by an immigration judge for benefit applications, petitions, 
appeals, motions, or requests in any case when an alien substantiates 
that he or she cannot pay the fee. When implemented, this rule will 
facilitate the adjudication of these requests. This rule also proposes 
to amend 8 CFR 244.20, which is a waiver of fees for Temporary 
Protected Status (TPS) applicants, for the same reasons as stated in 8 
CFR 103.7(c). The rule will also be implemented in conjunction with the 
new Form I-912, Request for Fee Waiver Form.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/00/05
NPRM Comment Period End         09/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2091-00
Transferred from RIN 1115-AG02

Agency Contact: Efren Hernandez, Chief, Business and Trade Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Office of Program and Regulations Development, (ULLICO) 3rd 
Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 353-8177

RIN: 1615-AA48
_______________________________________________________________________




1082. ADJUSTMENT OF STATUS UNDER SECTION 245(K)

Priority: Other Significant

Legal Authority: PL 105-119

CFR Citation: 9 CFR 245

Legal Deadline: None

Abstract: This rule proposes amending Department regulations for 
persons using section 245(k) of the Immigration and Nationality Act to 
adjust status to that of lawful permanent resident (LPR). Section 
245(k) of the Act allows an alien with an approved employment-based 
petition to adjust status to LPR despite violations of status if those 
violations have lasted no longer than 180 days since the alien's last 
entry. This rule proposes eligibility criteria and adjustment 
procedures for persons wishing to use this section of the Act to become 
an LPR without leaving the United States.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/05
NPRM Comment Period End         12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2120-01
Transferred from RIN 1115-AG10

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754
Email: [email protected]

RIN: 1615-AA54
_______________________________________________________________________




1083. IMPLEMENTATION OF THE AMERICAN COMPETITIVENESS AND WORKFORCE 
IMPROVEMENT ACT OF 1998 (ACWIA), THE AMERICAN COMPETITIVENESS IN THE 
TWENTY-FIRST CENTURY ACT OF 2000 (AC21), AND OTHER RELATED BILLS

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1182; 8 USC 1184; 8 USC 
1186a; 8 USC 1187; 8 USC 1221; 8 USC 1255; . . .

CFR Citation: 8 CFR 103; 8 CFR 202; 8 CFR 212; 8 CFR 214; 8 CFR 245; . 
. .

Legal Deadline: None

Abstract: The American Competitiveness in the 21st Century Act, Public 
Law 106-313, was enacted on October 17, 2000, along with two bills, the 
Visa Waiver Permanent Program Act, Public Law 106-311, and a bill to 
increase the fee for certain H-1B petitions. An earlier piece of 
legislation, the American Competitiveness and Workforce Improvement Act 
(ACWIA), Public Law 105-277, was enacted to place certain conditions on 
the employment of H-1B workers. Together, these bills make significant 
changes to the H-1B classification. Public Law 106-313 increased the 
numerical H-1B cap to 195,000 for fiscal year 2000-2002 and the 
percentage of the fees that DHS receives to 4 percent. It exempts 
certain aliens from the numerical cap, provides for the ``portability'' 
of employment authorization, and in certain circumstances extensions of 
stay for certain aliens who have permanent residence applications 
pending. Public Law 105-277 imposes penalties for employers violating 
certain representations and prohibits retaliation against H-1B workers 
who disclose these violations. Finally, on November 2, 2002, the 
President approved

[[Page 26912]]

enactment of Public Law 107-273, The Twenty First Century Department of 
Justice Appropriations Act (21st Century DOJ Appropriations Act), which 
codified a provision that amends section 106(a) of AC21. This 
regulation clarifies several interpretive questions raised by the bills 
and ensures that the Department practice is consistent with these laws.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/05
NPRM Comment Period End         12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: DHS rule 1615-AG11 implemented the American 
Competitiveness and Workforce Improvement Act (ACWIA); it was the 
result of a prior rule that was overtaken by new legislation relating 
to H-1B classification. ACWIA increased the numerical cap on H-1B 
nonimmigrant aliens; required certain dependent employers to make 
additional attestations to the Department of Labor (DOL); increased the 
penalties for employers who have been found to be in violation of DOL's 
rules; and created a ``whistleblower'' clause to protect H-1B workers 
who filed complaints against their employer.
In 1190-AA48, the Civil Rights Division, in cooperation with DOL, will 
implement in the Justice Department's regulations the ACWIA ``failure 
to select'' protections--codified in the Immigration and Nationality 
Act at section 212(n)(5)--by establishing a process under which U.S. 
workers may file complaints against employers for denying them 
employment opportunities by improperly hiring temporary foreign 
professionals on H-1B visas. Under that process, the Secretary is to 
receive and review these complaints and then--where there is reasonable 
cause to believe a complainant's allegations--initiate binding 
arbitration proceedings through Federal Mediation and Conciliation 
Service.
Transferred from RIN 1115-AG11

Agency Contact: Efren Hernandez, Chief, Business and Trade Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Office of Program and Regulations Development, (ULLICO) 3rd 
Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 353-8177

RIN: 1615-AA55
_______________________________________________________________________




1084. CONSTRUCTION WORK AND THE B NONIMMIGRANT VISA CLASSIFICATION

Priority: Other Significant

Legal Authority: Not Yet Determined

CFR Citation: 8 CFR 214

Legal Deadline: None

Abstract: The Department of Justice previously solicited comments from 
the public on the issue of aliens admitted to the United States as B 
nonimmigrant visitors whose intent is to engage in construction work 
during the alien's stay. In particular, the Department sought to 
explore the feasibility of defining the term construction as it relates 
to B nonimmigrant visitors. A standard definition of construction may 
assist both the public and Federal Government in determining if an 
alien admitted as a B nonimmigrant visitor may engage in construction 
during his or her period of authorized stay. DHS is revising the 
proposed bill for additional public comment.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           09/19/01                    66 FR 48223
ANPRM Comment Period End        11/19/01
NPRM                            12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2126-01
Transferred from RIN 1115-AG15

Agency Contact: Efren Hernandez, Chief, Business and Trade Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Office of Program and Regulations Development, (ULLICO) 3rd 
Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 353-8177

RIN: 1615-AA58
_______________________________________________________________________




1085. CONSENT TO REAPPLY FOR ADMISSION AFTER REMOVAL

Priority: Other Significant

Legal Authority: 8 USC 1101 to 1103; 8 USC 1182; 8 USC 1184; 8 USC 
1187; 8 USC 1225 to 1228; 8 USC 1252

CFR Citation: 8 CFR 212; 8 CFR 299

Legal Deadline: None

Abstract: This rule proposes to amend the provisions regarding consent 
to reapply after removal to conform with the requirements of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(IIRIRA). This rulemaking intends to remove the provisions contained in 
8 CFR 212.2(i) relating to a request for consent to reapply in 
conjunction with an application for admission at a port-of-entry or 
with an application for adjustment of status. The proposed removal of 
section 212.2(i) reflects the overall scope of the changes made by 
IIRIRA and congressional intent to impose severe penalties on aliens 
who enter illegally or otherwise violate the U.S. immigration laws, by 
restricting the relief available to them in the United States.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/05
NPRM Comment Period End         12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2147-01
Transferred from RIN 1115-AG28

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754
Email: [email protected]

RIN: 1615-AA61

[[Page 26913]]

_______________________________________________________________________




1086. WAIVERS OF THE TWO-YEAR FOREIGN RESIDENCE REQUIREMENT FOR CERTAIN 
EXCHANGE VISITORS

Priority: Other Significant

Legal Authority: 8 USC 1101 to 1103; 8 USC 1182; 8 USC 1184; . . .

CFR Citation: 8 CFR 212; 8 CFR 299

Legal Deadline: None

Abstract: This rule proposes to amend Department regulations relating 
to the two-year foreign residence requirement under section 212(e) of 
the Immigration and Nationality Act (Act). The proposed changes would 
conform to the requirements of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (IIRIRA), and the Department of 
Justice Appropriations Act, 2000. The proposed rulemaking would affect 
aliens who enter the United States as J-1 or J-2 nonimmigrant exchange 
visitors and who are subject to the requirement of section 212(e) of 
the Act, which stipulates that they must return to their home country 
for a period of two years before they are eligible to change to a 
different nonimmigrant classification or apply for lawful permanent 
residence in the United States.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/05
NPRM Comment Period End         12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2158-01
Transferred from RIN 1115-AG31

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754
Email: [email protected]

RIN: 1615-AA62
_______________________________________________________________________




1087. ILLEGAL ENTRIES, UNLAWFUL PRESENCE, AND AUTOMATIC VOIDING OF 
NONIMMIGRANT VISAS

Priority: Other Significant

Legal Authority: 5 USC 552; 8 USC 1101 to 1103; 8 USC 1182; . . .

CFR Citation: 8 CFR 103; 8 CFR 212; 8 CFR 299

Legal Deadline: None

Abstract: This proposed rule defines the categories of aliens who are 
not eligible to be issued a visa or be admitted if: they are in the 
United States illegally because they entered without proper inspection 
at a port-of-entry (section 212(a)(6)(A) of the Act); they accumulated 
certain periods of unlawful presence because they entered the United 
States illegally or stayed in the United States longer than authorized 
(section 212(a)(9)(B) of the Act); or they entered the United States 
illegally (or attempted an illegal entry) after they accumulated 
unlawful presence or after they were removed (section 212(a)(9)(C) of 
the Act). This proposed rule also describes how a nonimmigrant visa 
becomes automatically void, as provided under section 222(g) of the 
Act. This proposed rule also explains when the provisions for unlawful 
presence (sections 212(a)(9)(B) and (C) of the Act) do not apply, and 
the legal and documentary requirements for a waiver. Promulgation of 
this rule ensures that the admission to the United States of any 
ineligible alien would not adversely affect the national welfare, 
safety, or security of the United States.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/05
NPRM Comment Period End         12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Additional Information: Split from CIS No. 1413
Transferred from RIN 1115-AG36

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754
Email: [email protected]

RIN: 1615-AA64
_______________________________________________________________________




1088. MEDICAL EXAMINATION REQUIREMENTS AND DESIGNATION OF CIVIL SURGEONS

Priority: Other Significant

Legal Authority: 5 USC 552; 8 USC 1101 to 1103; 8 USC 1222; . . .

CFR Citation: 8 CFR 103; 8 CFR 232; 8 CFR 299

Legal Deadline: None

Abstract: This proposed rule defines the medical examination 
requirements for arriving aliens. It also overhauls the civil surgeon 
program to create standards for designation, procedures for periodic 
review of the civil surgeon designation, and specific provisions for 
revocation, when necessary.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/05
NPRM Comment Period End         01/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Additional Information: Split from CIS No. 1413
Transferred from RIN 1115-AG37

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754
Email: [email protected]

RIN: 1615-AA65
_______________________________________________________________________




1089. MEDICAL GROUNDS OF INADMISSIBILITY AND WAIVERS

Priority: Other Significant

Legal Authority: 5 USC 552; 8 USC 1101 to 1103; 8 USC 1157; . . .

CFR Citation: 8 CFR 103, ; 8 CFR 212; 8 CFR 299

Legal Deadline: None

Abstract: This proposed rule describes the medical grounds of 
inadmissibility

[[Page 26914]]

under section 212(a)(1) of the Immigration and Nationality Act. It also 
describes which medical grounds of inadmissibility can be waived and 
the requirements for those waivers (including conditions for 
compliance).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/05
NPRM Comment Period End         12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Additional Information: Split from CIS No. 1413 to move forward as a 
stand-alone rule.
Transferred from RIN 1115-AG38

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754
Email: [email protected]

RIN: 1615-AA66
_______________________________________________________________________




1090. CHANGES TO EMPLOYMENT AUTHORIZATION ELIGIBILITY FOR CERTAIN 
APPLICANTS AND TO STANDARDS FOR DETERMINING A FRIVOLOUS ASYLUM 
APPLICATION

Priority: Other Significant

Legal Authority: 8 USC 1103; 8 USC 1158; 8 USC 1226; 8 USC 1252; 8 USC 
1282; . . .

CFR Citation: 8 CFR 208; 8 CFR 274a

Legal Deadline: None

Abstract: This rule proposes to amend the employment authorization and 
asylum regulations to restrict employment authorization for certain 
applicants facing cancellation of removal status and to modify the 
standard by which the Immigration Court may find an asylum application 
frivolous. In addition, the amendment will clarify that the 
Department's decision to grant employment authorization on the basis of 
certain pending applications is discretionary. The Department is 
proposing these amendments to curb abuse of the immigration system by 
nonbona fide asylum applicants who improperly use the asylum process as 
a vehicle to be placed in proceedings in Immigration Court to obtain 
nonasylum-related employment authorization or who submit abusive, 
fraudulent, or clearly baseless asylum applications.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/05
NPRM Comment Period End         12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2251-02
Transferred from RIN 1115-AG91

Agency Contact: Joanna Ruppel, Deputy Director, Asylum Division, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, 3rd Floor, 20 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 272-1625
Fax: 202 272-1687
Email: [email protected]

RIN: 1615-AA89
_______________________________________________________________________




1091. WAIVER OF CRIMINAL GROUNDS OF INADMISSIBILITY FOR IMMIGRANTS

Priority: Other Significant

Legal Authority: 5 USC 552; 5 USC 552(a); 8 USC 1101; 8 USC 1103; 8 USC 
1201; 8 USC 1252 note; 8 USC 1304; 8 USC 1356; 31 USC 9701; EO 12356; . 
. .

CFR Citation: 8 CFR 103; 8 CFR 210; 8 CFR 212; 8 CFR 299

Legal Deadline: None

Abstract: The Department is in the process of reorganizing section 212 
of title 8 of the Federal regulations. This regulation will create 
subsection C of 8 CFR 212, which covers criminal grounds of 
inadmissibility listed in section 212(a)(2) of the Immigration and 
Nationality Act (INA). The Illegal Immigration Reform and Immigrant 
Responsibility Act (Pub. L. 104-208) revised section 212(a)(2) of the 
INA, and subsequent laws revised it further. This regulation will 
implement those sections of law. Previously, this regulation was part 
of a larger 212 regulation (CIS No. 1413-97, RIN 1615-AA00), but due to 
the desire for clarity and the need to have different DHS components 
concentrate on different areas of inadmissibility, these criminal 
sections have been reported in a separate regulation.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/05
NPRM Comment Period End         12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2249-02
Transferred from RIN 1115-AG90

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754
Email: [email protected]

RIN: 1615-AA94
_______________________________________________________________________




1092. CRIMINAL GROUNDS OF INADMISSIBILITY, EXCEPTIONS AND WAIVERS FOR 
IMMIGRANTS AND NONIMMIGRANTS, REFUGEES AND ASYLEES

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: PL 104-208, Illegal Immigration Reform and Immigrant 
Responsibility Act; PL 101-649, Miscellaneous and Technical Immigration 
and Naturalization Amendments of 1991; PL 104-232, Anti-Terrorism and 
Effective Death Penalty Act of 1996; PL 104-132, International 
Religious Freedom Act of 1998; . . .

CFR Citation: 8 CFR 103; 8 CFR 210; 8 CFR 212; 8 CFR 299

Legal Deadline: None

Abstract: DHS is in the process of reorganizing section 212 of title 8 
of the Federal regulations. This regulation will create subsection C of 
8 CFR 212, which covers criminal grounds of inadmissibility listed in 
section 212(a)(2) of the Immigration and Nationality Act (INA). The 
Illegal

[[Page 26915]]

Immigration Reform and Immigrant Responsibility Act (Pub. L. 104-208) 
revised section 212(a)(2) of the INA, and subsequent laws revised it 
further. This regulation will implement those sections of law. 
Previously, this regulation was part of a larger 212 regulation (CIS 
No. 1413-97, RIN 1115-AB45), but due to the desire for clarity and the 
need to have different DHS components concentrate on different areas of 
inadmissibility, these criminal sections have been broken out into a 
separate regulation.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/05
NPRM Comment Period End         02/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2276-03

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754
Email: [email protected]

RIN: 1615-AB15
_______________________________________________________________________




1093. ESTABLISHMENT OF FEE FOR PROCESSING GENEALOGICAL RESEARCH REQUESTS

Priority: Other Significant

Legal Authority: 8 USC 1103; 8 USC 1201; 8 USC 1252; 8 USC 1252b

CFR Citation: 8 CFR 103; 8 CFR 299

Legal Deadline: None

Abstract: Under the Freedom of Information Act and Privacy Act, the 
Department of Homeland Security processes all requests for its records 
including historical and genealogical records. This rule proposes to 
amend the Department's regulations by establishing the Genealogy 
Program to process requests for historical records. The Department's 
U.S. Citizenship and Immigration Services agency will charge a fee to 
recover the cost of searching, locating, retrieving, copying, 
reviewing, and mailing these records to the requester. The Genealogy 
Program is necessary to provide a more timely response to requests for 
genealogical and historical records.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/05
NPRM Comment Period End         10/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2074-00
Transferred from RIN 1680-AA01

Agency Contact: Ronald Whitelaw, Branch Chief, Office of Records 
Management, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, 4th Floor (ULLICO), 111 Massachusetts Avenue NW., 
Washington, DC 20529
Phone: 202 305-8274
Fax: 202 616-4282

RIN: 1615-AB19
_______________________________________________________________________




1094. PETITIONS FOR EMPLOYMENT CREATION ALIENS

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1151; 8 USC 1153

CFR Citation: 8 CFR 204; 8 CFR 214; 8 CFR 245

Legal Deadline: NPRM, Statutory, January 30, 2004, To reflect changes 
in the law and to improve the EB-5 investor program.

Abstract: Promulgation of this rule is necessary to reflect changes 
made by the 21st Century Department of Justice Appropriations 
Authorization Act of 2001 and to revise a number of issues concerning 
employment creation immigrant petitions which have arisen since 
enactment of the Immigration Act of 1990.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/05
NPRM Comment Period End         02/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: cis 2303-03

Agency Contact: Efren Hernandez, Chief, Business and Trade Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Office of Program and Regulations Development, (ULLICO) 3rd 
Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 353-8177

RIN: 1615-AB20
_______________________________________________________________________




1095. ADMINISTRATIVE APPEALS OFFICE: PROCEDURAL REFORMS TO IMPROVE 
EFFICIENCY

Priority: Other Significant

Legal Authority: 5 USC 301; 5 USC 552; 5 USC 552a; 8 USC 1101; 8 USC 
1103; 8 USC 1304; . . .

CFR Citation: 8 CFR 103; 8 CFR 204; 8 CFR 205; 8 CFR 210; 8 CFR 214; 8 
CFR 245a; 8 CFR 320; . . .

Legal Deadline: None

Abstract: This proposed rule revises the requirements and procedures 
for the filing of motions and appeals before the Department's U.S. 
Citizenship and Immigration Services agency and the Administrative 
Appeals Office. 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 makes 
additional changes necessitated by the establishment of the Department 
of Homeland Security and its resulting Bureaus.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/05
NPRM Comment Period End         11/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS 2311-04

Agency Contact: Maura Deadrick, Adjudications Officer, Administrative 
Appeals Office, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, Room 3040, 3rd Floor, 20 Massachusetts Avenue 
NW., Washington, DC 20528
Phone: 202 272-1250

[[Page 26916]]

Fax: 202 272-1262

RIN: 1615-AB29
_______________________________________________________________________




1096. [bull] AFTER-SALES SERVICE AND AFTER-LEASE SERVICE FOR B-1 
TEMPORARY VISITORS FOR BUSINESS

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 8 USC 1101 to 1103; 8 USC 1182; . . .

CFR Citation: 8 CFR 214.2

Legal Deadline: None

Abstract: The temporary visitor for business (B-1) classification 
offers a simple and efficient means to expeditiously and conveniently 
facilitate the movement to and from the United States of valid business 
visitors whose primary purpose is to participate in activities that are 
incidental to international trade or commerce. In today's evolving 
global economy, both sales contracts and lease contracts are 
increasingly becoming equally standard in export transactions. In light 
of this fact, DHS is proposing to amend its regulations to allow 
nonimmigrant aliens admitted to the United States as B-1 temporary 
visitors for business to provide after-sales service or after-lease 
service on commercial or industrial equipment or machinery pursuant to 
a contract of sale or a contract of lease. This proposed regulatory 
amendment seeks both to keep pace with the evolving global business 
industry and to further facilitate the movement of legitimate business 
visitors to and from the United States.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/05
NPRM Comment Period End         02/00/06

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Efren Hernandez, Chief, Business and Trade Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Office of Program and Regulations Development, (ULLICO) 3rd 
Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 353-8177

RIN: 1615-AB33
_______________________________________________________________________




1097. [bull] EMPLOYMENT BASED IMMIGRANTS--ELIMINATION OF BENEFICIARY 
SUBSTITUTION ON APPROVED LABOR CERTIFICATIONS AND VALIDITY PERIOD OF 
APPROVED LABOR CERTIFICATIONS

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1151; 8 USC 1153; 8 USC 
1154; 8 USC 1182; . . .

CFR Citation: 8 CFR 2

Legal Deadline: None

Abstract: DHS and the Department of Labor's Employment and Training 
Administration (DOL) are proposing changes to reduce the incentives and 
opportunities for fraud and abuse related to the permanent employment 
of aliens in the United States. DHS is proposing to eliminate the 
current practice of allowing the substitution of alien beneficiaries on 
permanent labor certifications. In addition, DHS is proposing to reduce 
further the likelihood of the submission of mala fide Form I-140, 
Immigration Petition for Alien Worker, which are employment-based 
petitions that are supported by fraudulent or stale labor certification 
applications for the permanent employment of aliens in the United 
States by proposing a 45-day period for employers to file approved 
permanent labor certifications in support of Form I-140 petitions with 
DHS after the issuance of an approved labor certification by DOL.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/05
NPRM Comment Period End         11/00/05

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: CIS No. 2347-05

Agency Contact: Efren Hernandez, Chief, Business and Trade Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Office of Program and Regulations Development, (ULLICO) 3rd 
Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 353-8177

RIN: 1615-AB34
_______________________________________________________________________


Department of Homeland Security (DHS)                  Final Rule Stage


U.S. Citizenship and Immigration Services (USCIS)



_______________________________________________________________________




1098. ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR PERMANENT 
RESIDENCE: CONDITIONAL RESIDENTS AND FIANCE(E)S

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1151; 8 USC 1154; 8 USC 
1182; 8 USC 1186a; 8 USC 1255; 8 USC 1257; 8 CFR 2

CFR Citation: 8 CFR 245

Legal Deadline: None

Abstract: This final rule amends Department regulations by clarifying 
that an alien remains ineligible for adjustment of status after 
termination of conditional permanent resident status. The clarification 
is necessary in view of the determination by the Board of Immigration 
Appeals that the current regulations do not prohibit the adjustment of 
status of an alien whose conditional resident status has been 
terminated. This final rule would also modify provisions regulating the 
adjustment of status of nonimmigrant fianc[eacute](e)s to reflect the 
current statue and to eliminate hardships on certain persons who are 
unable, despite their good faith intentions, to marry until after the 
expiration of the alien spouse's period of admission as a nonimmigrant 
fiance(e).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/20/96                    61 FR 43028
NPRM Comment Period End         10/21/96
Final Action                    08/00/05

Regulatory Flexibility Analysis Required: No

[[Page 26917]]

Small Entities Affected: No

Government Levels Affected: Federal

Additional Information: CIS No. 1353-91
Transferred from RIN 1115-AC70

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754
Email: [email protected]

RIN: 1615-AA02
_______________________________________________________________________




1099. PETITION TO CLASSIFY ALIEN AS IMMEDIATE RELATIVE OF A U.S. CITIZEN 
OR AS A PREFERENCE IMMIGRANT; SELF-PETITIONING FOR CERTAIN BATTERED OR 
ABUSED ALIEN SPOUSES AND CHILDREN

Priority: Other Significant

Legal Authority: 8 USC 1101; PL 103-322; 8 USC 1103; 8 USC 1151; 8 USC 
1153; 8 USC 1154; 8 USC 1182; 8 USC 1186a; 8 USC 1255

CFR Citation: 8 CFR 204

Legal Deadline: None

Abstract: The Department of Justice published an interim rule on this 
subject in 1996 at 61 FR 13061. DHS is now finalizing that action. This 
DHS final rule will allow battered and abused spouses and children of 
U.S. citizens and lawful permanent residents to petition for immigrant 
classification. The consent of the abuser would not be required. The 
final rule uses the term abused to mean either battered or subjected to 
extreme cruelty.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              03/26/96                    61 FR 13061
Interim Final Rule Effective    03/26/96
Interim Final Rule Comment 
Period End                      05/28/96
Final Action                    10/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

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

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754
Email: [email protected]

RIN: 1615-AA03
_______________________________________________________________________




1100. DEFINITION OF THE TERM ``LAWFULLY PRESENT'' FOR PURPOSES OF 
ELIGIBILITY FOR PUBLIC BENEFITS

Priority: Other Significant

Legal Authority: 5 USC 552; 31 USC 9701; EO 12356; 47 FR 14874 to 
15557; 3 CFR 1982 comp; 8 CFR 2; 5 USC 552a; 8 USC 1101; 8 USC 1103; 8 
USC 1201; 8 USC 1252 note; 8 USC 1252B; 8 USC 1304; 8 USC 1356

CFR Citation: 8 CFR 103

Legal Deadline: None

Abstract: Section 401(a) of the Personal Responsibility and Work 
Reconciliation Act of 1996 (PRWORA) provides that, with limited 
exceptions, only qualified aliens, as defined under section 431, may 
receive certain Federal public benefits. Section 401(b)(2) provides an 
exception that allows aliens who are ``lawfully present in the United 
States'' as to receive social security benefits under title II of the 
Social Security Act. PRWORA, and other laws, use the term ``lawfully 
present'' in other benefit-related contexts as well.
The Department of Justice published an interim final rule on September 
6, 1996, which amended then-INS regulations to define the term ``an 
alien who is lawfully present in the United States'' so that the Social 
Security Administration may determine which aliens are eligible for 
benefits under title II of the Social Security Act. DHS now plans to 
issue a final rule to complete the rulemaking action.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              09/06/96                    61 FR 47039
Interim Final Rule Comment 
Period End                      11/05/96
Final Action                    12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal, State

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

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754
Email: [email protected]

RIN: 1615-AA05
_______________________________________________________________________




1101. AFFIDAVIT OF SUPPORT ON BEHALF OF IMMIGRANTS

Priority: Other Significant

Legal Authority: 8 USC 1183a; PL 104-208; PL 104-193; 8 CFR 2

CFR Citation: 8 CFR 213a; 8 CFR 299

Legal Deadline: None

Abstract: This rule amends USCIS regulations by establishing that an 
individual (the sponsor) who files an affidavit of support under 
section 213A of the Immigration and Nationality Act (INA) on behalf of 
an intending immigrant incurs an obligation that may be enforced by a 
civil action. This rule also specifies the requirements that Federal, 
State, or local agencies or private entities must meet to request 
reimbursement from the sponsor for provision of means-tested public 
benefits and provides procedures for imposing the civil penalty 
provided for under section 213A of the INA, if the sponsor fails to 
give notice of any change of address. This rule is necessary to ensure 
that sponsors of aliens meet their obligations under section 213A of 
the INA.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule (CIS No. 
1807-96)                        10/20/97                    62 FR 52346
Interim Final Rule Comment 
Period End                      02/07/98
Final Action                    06/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

[[Page 26918]]

Additional Information: CIS No. 1807-96; PL 104-208, title IV; and PL 
104-193, title IV
Transferred from RIN 1115-AE58

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754
Email: [email protected]

RIN: 1615-AA06
_______________________________________________________________________




1102. ADJUSTMENT OF STATUS, CONTINUED VALIDITY OF NONIMMIGRANT STATUS, 
AND UNEXPIRED EMPLOYMENT AUTHORIZATION FOR APPLICANTS MAINTAINING 
NONIMMIGRANT H OR L STATUS

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1282; 8 CFR 2; 8 USC 1103; 8 USC 
1182; 8 USC 1184; 8 USC 1186a; 8 USC 1187; 8 USC 1221; 8 USC 1255; 8 
USC 1281

CFR Citation: 8 CFR 214; 8 CFR 245

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              06/01/99                    64 FR 29208
Interim Final Rule Comment 
Period End                      08/02/99
Final Action                    10/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

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

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754
Email: [email protected]

RIN: 1615-AA12
_______________________________________________________________________




1103. FINGERPRINTING APPLICANTS AND PETITIONERS FOR IMMIGRATION 
BENEFITS; ESTABLISHING A FEE FOR FINGERPRINTING BY THE DEPARTMENT OF 
HOMELAND SECURITY

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1201; 8 USC 1252 note; 8 
USC 1252b; 8 USC 1304; 8 USC 1356

CFR Citation: 8 CFR 103; 8 CFR 299; 8 CFR 316; 8 CFR 335

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              03/17/98                    63 FR 12979
Interim Final Rule Effective    03/29/98
Interim Final Rule Correction   04/09/98                    63 FR 17489
Interim Final Rule Comment 
Period End                      05/18/98
Final Action                    10/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Local, State

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

Agency Contact: Pamela T. Wallace, Staff Officer, Department of 
Homeland Security, U.S. Citizenship and Immigration Services, Room 980, 
Field Operations, 20 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 272-1017

RIN: 1615-AA14
_______________________________________________________________________




1104. SUSPENSION OF DEPORTATION AND SPECIAL RULE CANCELLATION OF REMOVAL 
FOR CERTAIN NATIONALS OF GUATEMALA, EL SALVADOR, AND FORMER SOVIET BLOC 
COUNTRIES

Priority: Other Significant

Legal Authority: 5 USC 552; 8 USC 1225 to 1227; 8 USC 1251; 8 USC 1252 
note; 8 USC 1252a; 5 USC 552a; 8 USC 1101; 8 USC 1103; 8 USC 1158; 8 
USC 1182; 8 USC 1186a; 8 USC 1224

CFR Citation: 8 CFR 103; 8 CFR 208; 8 CFR 240; 8 CFR 246; 8 CFR 274a; . 
. .

Legal Deadline: None

Abstract: This rule implements section 203 of the Nicaraguan Adjustment 
and Central American Relief Act (NACARA), enacted as title II of Public 
Law No. 105-100, 111 Stat. 2160, 2193 (1997) (as amended by Technical 
Corrections to the Nicaraguan Adjustment and Central American Relief 
Act (NACARA), Public Law 105-139, Stat. 2644 (1997)). Section 203 of 
NACARA provides that certain Guatemalans, Salvadorans, and nationals of 
former Soviet Bloc countries are eligible to apply for cancellation of 
removal under the standards for suspension of deportation similar to 
those that existed prior to enactment of Illegal Immigration Reform and 
Immigrant Responsibility Act (IIRIRA). The rule establishes the 
authority of DHS asylum officers to

[[Page 26919]]

adjudicate certain applications under section 203 of NACARA, provides 
application and adjudication procedures, identifies factors and 
standards relevant to eligibility, and establishes a rebuttable 
presumption of extreme hardship for certain NACARA beneficiaries.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM (CIS No. 1915-98)          11/24/98                    63 FR 64895
NPRM Comment Period End (CIS No. 
1915-98)                        01/25/99
Interim Rule (CIS No. 1915-98)  05/21/99                    64 FR 27856
Interim Rule Comment Period End 07/20/99
Final Action                    10/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

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

Agency Contact: Joanna Ruppel, Deputy Director, Asylum Division, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, 3rd Floor, 20 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 272-1625
Fax: 202 272-1687
Email: [email protected]

RIN: 1615-AA17
_______________________________________________________________________




1105. REGULATIONS CONCERNING THE CONVENTION AGAINST TORTURE

Priority: Other Significant

Legal Authority: 8 USC 1103; 8 USC 1158; 8 USC 1226; 8 USC 1252; 8 USC 
1282

CFR Citation: 8 CFR 3; 8 CFR 208; 8 CFR 235; 8 CFR 238; 8 CFR 240; 8 
CFR 241

Legal Deadline: Other, Statutory, February 18, 1999, Requirements 
promulgated under the Immigration and Nationality Act.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              02/19/99                     64 FR 8478
Interim Final Rule Corrections  03/22/99                    64 FR 13881
Interim Final Rule Effective    03/22/99
Interim Final Rule Comment 
Period End                      04/20/99
Final Action                    12/00/05
Final Action Effective          01/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

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

Agency Contact: Ron Rosenberg, Associate Counsel, Department of 
Homeland Security, U.S. Citizenship and Immigration Services, Office of 
the Chief Counsel, 20 Massachusetts Avenue NW., Washington, DC, DC 
20529
Phone: 202 272-1400

Mary Beth Keller, General Counsel, Department of Justice, Executive 
Office for Immigration Review, 5107 Leesburg Pike, Suite 2600, Falls 
Church, VA 22041
Phone: 703 305-0470
Email: [email protected]

RIN: 1615-AA19
_______________________________________________________________________




1106. INADMISSIBILITY AND DEPORTABILITY ON PUBLIC CHARGE GROUNDS

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1102; 8 USC 1103; 8 USC 1182; 8 USC 
1183; . . .

CFR Citation: 8 CFR 212; 8 CFR 237

Legal Deadline: None

Abstract: This rule amends Department regulations to establish clear 
standards governing a determination that an alien is admissible or 
ineligible to adjust status, or has become deportable, on public charge 
grounds. This rule is necessary to alleviate growing public confusion 
over the meaning of the currently undefined term public charge in 
immigration law and its relationship to the receipt of Federal, State, 
or local public benefits. By defining public charge, DHS seeks to 
reduce the existing confusion and to provide aliens with better 
guidance as to the types of public benefits that will and will not be 
considered in public charge determinations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/26/99                    64 FR 28676
NPRM Comment Period End         07/26/99
Final Action                    12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

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

Agency Contact: Alice Smith, Associate Counsel, Department of Homeland 
Security, U.S. Citizenship and Immigration Services, Room 6100, Office 
of the Chief Counsel, 20 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 272-1400
Fax: 202 272-1405

RIN: 1615-AA22
_______________________________________________________________________




1107. APPLICATION FOR REFUGEE STATUS; ACCEPTABLE SPONSORSHIP AGREEMENT 
GUARANTY OF TRANSPORTATION

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1151; 8 USC 1157; 8 USC 
1158; . . .

CFR Citation: 8 CFR 207

Legal Deadline: None

Abstract: Section 207 of the Immigration and Nationality Act authorizes 
the Attorney General to admit refugees to the United States under 
certain conditions, including those provided for by regulation. That 
authority was delegated to the Secretary of Homeland Security under the 
Homeland Security Act. DHS regulations require that sponsorship 
agreements be secured before an applicant is granted admission as a 
refugee at a U.S. port-of-entry. The determination of whether or not 
someone is classified as a refugee is described in the Act as a 
separate decision from whether a refugee may

[[Page 26920]]

be admitted to the United States in refugee status. This rule amends 
DHS regulations by removing language that erroneously implies that DHS 
requires a sponsorship agreement and guarantee of transportation prior 
to determining whether an applicant is a refugee. This rule is 
necessary to clarify issues in the existing regulation, and provides 
more advantageous treatment for the limited number of applicants for 
refugee status who have their DHS interviews before sponsorship 
agreements have been secured.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              05/21/99                    64 FR 27660
Interim Final Rule Comment 
Period End                      07/20/99
Final Action                    12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 1999-99
Transferred from RIN 1115-AF49

Agency Contact: Kathleen Thompson, Staff Officer, Office of 
International Affairs, Department of Homeland Security, U.S. 
Citizenship and Immigration Services, 20 Massachusetts Avenue NW., 
Washington, DC 20529
Phone: 202 305-2756

RIN: 1615-AA24
_______________________________________________________________________




1108. BATTERED AND ABUSED CONDITIONAL RESIDENTS; TERMINATION OF MARRIAGE 
BY CONDITIONAL RESIDENTS

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1154; 8 USC 1184; 8 USC 
1186a

CFR Citation: 8 CFR 216; 8 CFR 299

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              05/16/91                    56 FR 22635
Final Action                    10/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

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

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754
Email: [email protected]

RIN: 1615-AA29
_______________________________________________________________________




1109. REVOKING GRANTS OF NATURALIZATION

Priority: Other Significant

Legal Authority: 8 USC 1103; 8 USC 1443

CFR Citation: 8 CFR 340

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              03/31/00                    65 FR 17127
Interim Final Rule Comment 
Period End                      05/30/00
Final Action                    12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No.1858-97
Transferred from RIN 1115-AF63

Agency Contact: John D. Miles, Associate Area Counsel, Department of 
Homeland Security, U.S. Citizenship and Immigration Services, Office of 
Chief Counsel, 20 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 272-1400
Fax: 202 272-1405

RIN: 1615-AA30
_______________________________________________________________________




1110. REGISTRATION AND FINGERPRINTING OF ALIENS IN THE UNITED STATES: 
CONTROL OF EMPLOYMENT OF ALIENS

Priority: Other Significant

Legal Authority: 8 USC 1103; 8 USC 1201; 8 USC 1201a; 8 USC 1301; 8 USC 
1305

CFR Citation: 8 CFR 264; 8 CFR 274a

Legal Deadline: None

Abstract: This rule amends Department regulations governing 
applications for renewal of 10-year Permanent Resident Cards upon their 
expiration. This rule adds documents to the acceptable list of 
registration requirements and clarifies the requirements for lawful 
permanent residents to file Form I-90, Application to Replace Alien 
Registration Card, if they are also applying for naturalization. This 
rule also provides additional methods to verify employment eligibility 
for those in the process of renewing their expired or expiring Form I-
551, Permanent Resident Card. These changes are necessary to facilitate 
the 10-year Form I-551 renewal process. This rule also

[[Page 26921]]

clarifies the fingerprinting requirements for lawful permanent 
residents who reach the age of 14 years.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              12/00/05
Interim Final Rule Comment 
Period End                      02/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No.2042-00
Transferred from RIN 1115-AF71

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754
Email: [email protected]

RIN: 1615-AA33
_______________________________________________________________________




1111. NATIONAL INTEREST WAIVERS FOR SECOND PREFERENCE EMPLOYMENT-BASED 
IMMIGRANT PHYSICIANS SERVING IN MEDICALLY UNDERSERVED AREAS OR AT 
DEPARTMENT OF VETERANS AFFAIRS FACILITIES

Priority: Other Significant

Legal Authority: PL 106-113; 8 USC 1101; 8 USC 1103; 8 USC 1151; 8 USC 
1153; 8 USC 1154; 8 USC 1182; 8 USC 1186a; 8 USC 1255; 8 USC 1641

CFR Citation: 8 CFR 204; 8 CFR 245

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              09/06/00                    65 FR 53889
Correction to Interim Final Rule09/27/00                    65 FR 57943
Interim Final Rule Effective    10/06/00
Correction to Interim Final Rule10/20/00                    65 FR 63118
Interim Final Rule Comment 
Period End                      11/06/00
Final Action                    12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

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

Agency Contact: Efren Hernandez, Chief, Business and Trade Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Office of Program and Regulations Development, (ULLICO) 3rd 
Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 353-8177

RIN: 1615-AA34
_______________________________________________________________________




1112. PETITIONING REQUIREMENTS FOR THE H-1C NONIMMIGRANT CLASSIFICATION 
UNDER PUBLIC LAW 106-95

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1182; 8 USC 1184; 8 USC 1186a; 8 USC 
1187; . . .

CFR Citation: 8 CFR 214.2

Legal Deadline: None

Abstract: On November 12, 1999, the Nursing Relief for Disadvantaged 
Areas Act (NRDAA) was enacted creating a new H-1C nonimmigrant nurse 
category. This rule amends the Department's regulations in order to 
implement the NRDAA as it relates to the adjudication petitions for H-
1C classification. This rule will facilitate the hiring of alien 
registered nurses to reduce the shortage of nurses in certain areas of 
the United States while protecting the rights of U.S. nurses.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              06/11/01                    66 FR 31107
Interim Final Rule Comment 
Period End                      08/10/01
Final Action                    12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

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

Agency Contact: Efren Hernandez, Chief, Business and Trade Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Office of Program and Regulations Development, (ULLICO) 3rd 
Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 353-8177

RIN: 1615-AA35
_______________________________________________________________________




1113. ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR PERMANENT 
RESIDENCE; TEMPORARY REMOVAL OF CERTAIN RESTRICTIONS OF ELIGIBILITY

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1201; 8 USC 1252; 8 USC 
1252b; 8 USC 1304; 8 USC 1356

CFR Citation: 8 CFR 103; 8 CFR 205; 8 CFR 245

Legal Deadline: None

Abstract: The Department is amending its regulations governing 
eligibility for adjustment of status under section 245(i) of the 
Immigration and Nationality Act to conform the regulations to existing 
policy and procedures and to remove language that has been superseded 
by subsequent legislation. Specifically, this rule conforms the 
regulations to include the changes made by Public Law 105-119 and 
Public Law 106-544. It also provides for the changes contained in the 
Legal Immigration Family Equity Act of 2000 (LIFE Act). As required by 
the Life Act, this rule changes the sunset date of section 245(i) of 
the Immigration and Naturalization Act to the new date of April 30, 
2001, for filing of qualifying petitions or applications that enable 
the applicant to apply to adjust status using section 245(i) and 
clarifies the effect of the new sunset date on eligibility. This means

[[Page 26922]]

that in order to preserve the ability to apply for adjustment of status 
under section 245(i), an alien must be the beneficiary of a visa 
petition for classification under section 204 of the Act or application 
for labor certification properly filed on or before April 30, 2001, and 
determined to have approval when filed. This rule also provides 
guidance on the standard for review of filing for immigrant visa 
petitions and applications for labor certification on or before April 
30, 2001.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              03/26/01                    66 FR 16383
Interim Final Rule Effective    03/26/01
Interim Final Rule Comment 
Period End                      05/25/01
Final Action                    12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

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

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754
Email: [email protected]

RIN: 1615-AA40
_______________________________________________________________________




1114. ASYLUM AND WITHHOLDING DEFINITIONS

Priority: Other Significant

Legal Authority: 8 USC 1103; 8 USC 1158; 8 USC 1226; 8 USC 1252; 8 USC 
1282; 8 CFR 2

CFR Citation: 8 CFR 208

Legal Deadline: None

Abstract: This rule proposes to amend regulations that govern 
establishing asylum eligibility by providing guidance on certain issues 
that have arisen in the context of asylum adjudications. The amendments 
focus on portions of the regulations that deal with the definitions of 
membership in a particular social group, State action requirements, and 
determinations about whether persecution is inflicted on account of a 
protected tort. This rule codifies long-standing concepts of the 
definitions. It clarifies that gender can be a basis for membership in 
a particular social group. It also clarifies that a person who has 
suffered or fears domestic violence may under certain circumstances be 
eligible for asylum on that basis. The Department of Homeland Security 
believes this issue required further examination after the Board of 
Immigration Appeals decision, Matter of R-A.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/07/00                    65 FR 76588
NPRM Comment Period End         01/22/01
Final Action                    10/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2092-00
Transferred from RIN 1115-AF92

Agency Contact: Dorthea Lay, Associate Counsel, Department of Homeland 
Security, U.S. Citizenship and Immigration Services, Office of the 
Chief Counsel, 20 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 272-1400
Fax: 202 272-1405

RIN: 1615-AA41
_______________________________________________________________________




1115. PETITION TO CLASSIFY ALIEN AS IMMEDIATE RELATIVE OF A U.S. CITIZEN 
OR PREFERENCE IMMIGRANT; ADJUSTMENT OF STATUS TO THAT OF A PERSON 
ADMITTED FOR PERMANENT RESIDENCE

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1151; 8 USC 1153; 8 USC 
1154; . . .

CFR Citation: 8 CFR 204; 8 CFR 245

Legal Deadline: None

Abstract: This final rule amends regulations of the Department of 
Homeland Security to provide an exception from the general prohibition 
against approval of immigration benefits based upon a marriage entered 
into during removal proceedings. The rule creates a good faith 
exception to the prohibition. This final rule completes the regulatory 
implementation of the Immigration Act of 1990.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              06/20/91                    56 FR 28311
Interim Final Rule Comment 
Period End                      07/20/91
Final Action                    12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

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

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754
Email: [email protected]

RIN: 1615-AA42
_______________________________________________________________________




1116. ACADEMIC HONORARIUM FOR B NONIMMIGRANT ALIENS

Priority: Other Significant

Legal Authority: PL 105-277; 8 USC 1182; 8 USC 1184

CFR Citation: 8 CFR 214

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/30/02                    67 FR 37727

[[Page 26923]]

NPRM Comment Period End         07/29/02
Final Action                    10/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

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

Agency Contact: Efren Hernandez, Chief, Business and Trade Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Office of Program and Regulations Development, (ULLICO) 3rd 
Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 353-8177

RIN: 1615-AA44
_______________________________________________________________________




1117. CHILDREN BORN OUTSIDE THE UNITED STATES; APPLICATIONS FOR 
CERTIFICATE OF CITIZENSHIP

Priority: Other Significant

Legal Authority: PL 106-395

CFR Citation: 8 CFR 103; 8 CFR 299; 8 CFR 310; 8 CFR 320; 8 CFR 322; 8 
CFR 338; 8 CFR 341; 8 CFR 499; . . .

Legal Deadline: Final, Statutory, February 27, 2001, Child Citizenship 
Act of 2000.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              06/13/01                    66 FR 32138
Interim Final Rule Effective    06/13/01
Interim Final Rule Comment 
Period End                      08/13/01
Final Action                    12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

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

Agency Contact: John D. Miles, Associate Area Counsel, Department of 
Homeland Security, U.S. Citizenship and Immigration Services, Office of 
Chief Counsel, 20 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 272-1400
Fax: 202 272-1405

RIN: 1615-AA45
_______________________________________________________________________




1118. ALLOWING FOR THE FILING OF FORM I-140 VISA PETITION CONCURRENTLY 
WITH A FORM I-485 APPLICATION IN CERTAIN CIRCUMSTANCES

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1151; 8 USC 1153; 8 USC 
1154; 8 USC 1182; 8 USC 1186a; 8 USC 1255; 8 USC 1641

CFR Citation: 8 CFR 204; 8 CFR 245

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              07/31/02                    67 FR 49561
Interim Final Rule Effective    07/31/02
Interim Final Rule Comment 
Period End                      09/30/02
Final Action                    12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

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

Agency Contact: Efren Hernandez, Chief, Business and Trade Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Office of Program and Regulations Development, (ULLICO) 3rd 
Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 353-8177

RIN: 1615-AA46
_______________________________________________________________________




1119. SPECIAL IMMIGRANT VISA FOR FOURTH PREFERENCE EMPLOYMENT-BASED 
BROADCASTERS

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1151; 8 USC 1153; 8 USC 
1154; 8 USC 1182; 8 USC 1186a; 8 USC 1255; 8 USC 1641

CFR Citation: 8 CFR 204

Legal Deadline: None

Abstract: This interim final rule amends Department regulations by 
establishing the procedure under which the International Broadcasting 
Bureau of the United States Broadcasting Board of Governors (BBG), or a 
BBG grantee organization, may file special fourth preference immigrant 
petitions for alien broadcasters. This rule explains the requirements 
the alien broadcaster must meet in order to be the beneficiary of an 
immigrant visa petition. This regulatory change is necessary in order 
to assist the BBG in fulfilling its statutory obligation to hire alien 
broadcasters.

[[Page 26924]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              10/11/01                    66 FR 51819
Interim Final Rule Effective    11/13/01
Interim Final Rule Comment 
Period End                      12/10/01
Final Action                    12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2106-00
Transferred from RIN 1115-AG01

Agency Contact: Efren Hernandez, Chief, Business and Trade Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Office of Program and Regulations Development, (ULLICO) 3rd 
Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 353-8177

RIN: 1615-AA47
_______________________________________________________________________




1120. ESTABLISHING PREMIUM PROCESSING SERVICE FOR EMPLOYMENT-BASED 
PETITIONS AND APPLICATIONS

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103

CFR Citation: 8 CFR 103; 8 CFR 299

Legal Deadline: None

Abstract: This rule changes DHS regulations to establish premium 
processing service for certain employment-based petitions and 
applications. If an individual pays a fee for premium processing 
service, DHS will process the petition or application in 15 days. 
Premium Processing Service will give American businesses an option to 
pay for more rapid processing of petitions and applications to meet 
their needs for foreign workers.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              06/01/01                    66 FR 29682
Interim Final Rule Effective    06/01/01
Interim Final Rule Comment 
Period End                      07/31/01
Final Action                    10/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

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

Agency Contact: Cindy Keiss, Staff Officer, Department of Homeland 
Security, U.S. Citizenship and Immigration Services, 10th Floor, 20 
Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 272-1508

RIN: 1615-AA49
_______________________________________________________________________




1121. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF NICARAGUA, CUBA, AND 
HAITI

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1182; 8 USC 1255

CFR Citation: 8 CFR 241; 8 CFR 245

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              05/31/01                    66 FR 29449
Interim Final Rule Comment 
Period End                      05/31/01
Final Action                    10/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

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

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754
Email: [email protected]

RIN: 1615-AA51
_______________________________________________________________________




1122. ADJUSTMENT TO LAWFUL RESIDENT STATUS OF CERTAIN CLASS ACTION 
PARTICIPANTS WHO ENTERED BEFORE JANUARY 1, 1982, UNDER THE LEGAL 
IMMIGRATION AND FAMILY EQUITY ACT (LIFE ACT)

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1255a; 8 USC 1225a note

CFR Citation: 8 CFR 245a

Legal Deadline: None

Abstract: This interim final rule (CIS No. 2115-01) implements section 
1104 of the Legal Immigration Family Equity Act (LIFE) and LIFE Act 
Amendments pertaining to adjustment of status of certain class action 
participants (specifically, Catholic Social Services v. Meese (CSS), 
509 U.S. 43 (1993), League of United Latin American Citizens v. INS 
(LULAC), 509 U.S. 43 (1993), and Zambrano v. INS, 509 U.S.

[[Page 26925]]

918 (1993) class applicants) who entered before January 1, 1982, to 
that of a person admitted for lawful residence. This rule establishes 
procedures for a one-year application period to allow CSS, LULAC, and 
Zambrano class applicants to apply for adjustment of status to that of 
lawful permanent residence.
CIS No. 2145-01 amends the Department's regulations by establishing 
procedures to apply for Family Unity benefits for certain spouses and 
unmarried children of aliens who adjusted to lawful permanent resident 
(LPR) status pursuant to section 1104 of the Legal Immigration Family 
Equity (LIFE) Act--known as the LIFE Legalization provision. It applies 
to those persons who are no longer present in the United States to 
allow them to apply for Family Unity benefits pursuant to section 1504 
of the LIFE Act Amendments. This rule also establishes procedures for 
certain spouses and unmarried children who previously were granted 
Family Unity benefits pursuant to section 1504 of the LIFE Act 
Amendments to apply for an extension of their Family Unity benefits. 
This rule is necessary to ensure that those aliens eligible to apply 
for, and extend, Family Unity benefits under the provisions of the LIFE 
Act Amendments are able to do so in a timely manner.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule (CIS No. 
2115) Life Legalization         06/01/01                    66 FR 29661
Interim Final Rule Comment 
Period End                      07/31/01
Notice                          08/29/01                    66 FR 45694
Final Action (CIS No. 2115-01)  06/04/02                    67 FR 38341
Final Action Effective          06/04/02
Interim Final Rule (CIS No. 
2145) Family Unity Benefits     10/00/05
Interim Final Rule Comment 
Period End                      12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2115-01
CIS No. 2145-01
Transferred from RIN 1115-AG06

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754
Email: [email protected]

RIN: 1615-AA52
_______________________________________________________________________




1123. NONIMMIGRANT CLASSES; SPOUSES AND CHILDREN OF LAWFUL PERMANENT 
RESIDENTS; V CLASSIFICATION

Priority: Other Significant

Legal Authority: 8 USC 1102; PL 106-553

CFR Citation: 8 CFR 103; 8 CFR 204; 8 CFR 205; 8 CFR 212; 8 CFR 214; 8 
CFR 245; 8 CFR 248; 8 CFR 299

Legal Deadline: None

Abstract: Section 1102 of the LIFE Act of 2000 amends the Immigration 
and Nationality Act to create a new nonimmigrant classification V for 
the spouses and children of lawful permanent residents awaiting the 
availability of an immigrant visa number in the appropriate preference 
category in accordance with the State Department's monthly Visa 
Bulletin. Eligible spouses and children of lawful permanent residents 
residing abroad that obtain the V nonimmigrant visa from the Department 
of State may work and reside in the United States on the basis of the V 
classification until they can apply for adjustment of status to that of 
lawful permanent resident. Certain eligible spouses and children of 
lawful permanent residents already present in the United States may be 
granted V classification until they can apply to adjust status to that 
of lawful permanent resident. This rule sets forth eligibility criteria 
and procedures for obtaining the V visa classification and related 
employment authorization.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              09/07/01                    66 FR 46697
Interim Final Rule Effective    09/07/01
Interim Final Rule Comment 
Period End                      11/06/01
Final Action                    09/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

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

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754
Email: [email protected]

RIN: 1615-AA53
_______________________________________________________________________




1124. K NONIMMIGRANT CLASSIFICATION; LEGAL IMMIGRATION FAMILY EQUITY ACT 
(LIFE)

Priority: Other Significant

Legal Authority: PL 106-553

CFR Citation: 8 CFR 212; 8 CFR 214; 8 CFR 245; 8 CFR 248; 8 CFR 274a

Legal Deadline: Final, Statutory, December 21, 2000.

Abstract: Section 1103 of the Legal Immigration Family Equity Act 
(LIFE), Public Law 106-553, creates a new nonimmigrant classification 
under the Immigration and Nationality Act section 101(a)(15)(K) for the 
spouses and children of U.S. citizens who have pending immigrant visa 
applications. This rule establishes this classification in DHS 
regulations, including creating filing and adjudication procedures, as 
well as procedures for adjusting status from this new nonimmigrant 
classification to that of a lawful permanent resident.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              08/14/01                    66 FR 42587
Interim Final Rule Comment 
Period End                      10/15/01
Final Action                    10/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: LIFE creates another separate nonimmigrant

[[Page 26926]]

classification V and also amends the INA for other purposes. Each of 
these will be addressed in a separate rule. CIS No. 2127-01.
Transferred from RIN 1115-AG12

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754
Email: [email protected]

RIN: 1615-AA56
_______________________________________________________________________




1125. ADJUSTMENT OF STATUS FOR CERTAIN SYRIAN NATIONALS GRANTED ASYLUM 
IN THE UNITED STATES

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1182; 8 USC 1255; 8 CFR 
2

CFR Citation: None

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              05/17/01                    66 FR 27445
Interim Final Rule Effective    05/17/01
Interim Final Rule Comment 
Period End                      07/17/01
Final Action                    12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: Transferred from RIN 1115-AG13

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754
Email: [email protected]

RIN: 1615-AA57
_______________________________________________________________________




1126. NEW CLASSIFICATION FOR VICTIMS OF SEVERE FORMS OF TRAFFICKING IN 
PERSONS ELIGIBLE FOR THE T NONIMMIGRANT STATUS

Priority: Other Significant

Legal Authority: 5 USC 552; 5 USC 552a; 8 USC 1101 to 1104; 8 USC 1182; 
8 USC 1184; 8 USC 1187; 8 USC 1201; 8 USC 1224; 8 USC 1225; 8 USC 1226; 
8 USC 1227; 8 USC 1252; 8 USC 1252a; 22 USC 7101; 22 USC 7105; . . .

CFR Citation: 8 CFR 103; 8 CFR 212; 8 CFR 214; 8 CFR 274a; 8 CFR 299

Legal Deadline: None

Abstract: This rule sets forth application requirements for a new 
nonimmigrant classification. The T classification was created by 107(e) 
of the Victims of Trafficking and Violence Protection Act of 2000 
(VTVPA), Public Law 106-386. The T nonimmigrant classification was 
designed for eligible victims of severe forms of trafficking in persons 
who aid the Government with their case against the traffickers and who 
can establish that they would suffer extreme hardship involving unusual 
and severe harm if they were removed from the United States after 
having completed their assistance to law enforcement. The rule 
establishes application procedures and responsibilities for the 
Department of Homeland Security and provides guidance to the public on 
how to meet certain requirements to obtain T nonimmigrant status.
There is a statutory cap for T nonimmigrant status for victims of a 
severe form of trafficking (principals), which is set at 5,000 per 
annum. The law also provides that certain family members can derive T 
status through the principal's application.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              01/31/02                     67 FR 4784
Interim Final Rule Effective    03/04/02
Interim Final Rule Comment 
Period End                      04/01/02
Final Action                    12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal, State

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

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754
Email: [email protected]

RIN: 1615-AA59
_______________________________________________________________________




1127. ADJUSTMENT OF STATUS FOR VICTIMS OF TRAFFICKING

Priority: Other Significant

Legal Authority: 5 USC 552; 5 USC 552a; 8 USC 1101 to 1104; 8 USC 1182; 
8 USC 1184; 8 USC 1187; 8 USC 1201; 8 USC 1224; 8 USC 1225; 8 USC 1226; 
8 USC 1227; 8 USC 1252; 8 USC 1252a; 8 USC 1255; 22 USC 7101; 22 USC 
7105; . . .

CFR Citation: 8 CFR 204; 8 CFR 214; 8 CFR 245

Legal Deadline: None

Abstract: This rule sets forth measures by which certain victims of 
severe forms of trafficking who have been granted T nonimmigrant status 
may apply for adjustment to permanent resident status in accordance 
with Public Law 106-386, the Victims of Trafficking and Violence 
Protection Act of 2000.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              10/00/05

[[Page 26927]]

Interim Final Rule Comment 
Period End                      12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

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

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754
Email: [email protected]

RIN: 1615-AA60
_______________________________________________________________________




1128. REMOVAL OF LIMITATIONS ON THE VALIDITY PERIOD FOR EMPLOYMENT 
AUTHORIZATION DOCUMENTS

Priority: Other Significant

Legal Authority: 5 USC 552; 5 USC 552a; 8 USC 1101; 8 USC 1103; 8 USC 
1201; . . .

CFR Citation: 8 CFR 103; 8 CFR 274a

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              07/30/04                    69 FR 45555
Interim Final Rule Comment 
Period End                      09/28/04
Final Action                    11/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

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

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754
Email: [email protected]

RIN: 1615-AA63
_______________________________________________________________________




1129. NEW CLASSIFICATION FOR VICTIMS OF CERTAIN CRIMINAL ACTIVITY; 
ELIGIBILITY FOR THE U NONIMMIGRANT STATUS

Priority: Other Significant

Legal Authority: 5 USC 552; 5 USC 552a; 8 USC 1101; 8 USC 1101 note; 8 
USC 1102; . . .

CFR Citation: 8 CFR 103; 8 CFR 204; 8 CFR 212; 8 CFR 214; 8 CFR 299

Legal Deadline: None

Abstract: This rule sets forth application requirements for a new 
nonimmigrant status. The U classification is for non-U.S. Citizen/
Lawful Permanent Resident victims of certain crimes who cooperate with 
an investigation or prosecution of those crimes. There is a limit of 
10,000 principals per year.
This rule establishes the procedures to be followed in order to 
petition for the U nonimmigrant classifications. Specifically, the rule 
addresses: the essential elements that must be demonstrated to receive 
the nonimmigrant classification; procedures that must be followed to 
make an application; and evidentiary guidance to assist in the 
petitioning process. Eligible victims will be allowed to remain in the 
United States.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              07/00/05
Interim Final Rule Comment 
Period End                      09/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal, State, Local

Additional Information: Transferred from RIN 1115-AG39

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754
Email: [email protected]

RIN: 1615-AA67
_______________________________________________________________________




1130. DOCUMENTARY REQUIREMENTS FOR CERTAIN TEMPORARY RESIDENTS

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1181; 8 USC 1182; 8 USC 
1203; 8 USC 1225; 8 USC 1257; 8 CFR 2

CFR Citation: 8 CFR 211

Legal Deadline: None

Abstract: This final rule adds a document to the list of documents that 
may be presented by certain returning temporary residents in lieu of an 
immigrant visa. This rule will allow the Form I-797, Notice of Action, 
issued to certain aliens who have adjusted to temporary resident status 
pursuant to 8 CFR 245a to be used as an entry document at a port-of-
entry. This rule is necessary to ensure that those temporary resident 
aliens eligible to reenter the United States with a Form I-797 are able 
to do so.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    09/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2177-01
Transferred from RIN 1115-AG44

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754

[[Page 26928]]

Email: [email protected]

RIN: 1615-AA69
_______________________________________________________________________




1131. REQUIRING CHANGE OF STATUS FROM B TO F-1 OR M-1 NONIMMIGRANT PRIOR 
TO PURSUING A COURSE OF STUDY

Priority: Other Significant. Major under 5 USC 801.

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1184; 8 USC 1258; 8 CFR 
2

CFR Citation: 8 CFR 214; 8 CFR 248

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              04/12/02                    67 FR 18061
Interim Final Rule Comment 
Period End                      06/11/02
Final Action                    12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

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

Agency Contact: Efren Hernandez, Chief, Business and Trade Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Office of Program and Regulations Development, (ULLICO) 3rd 
Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 353-8177

RIN: 1615-AA73
_______________________________________________________________________




1132. RESTRUCTURING THE NONIMMIGRANT REGULATIONS

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1182; 8 USC 1184; 8 USC 
1186

CFR Citation: 8 CFR 214; 8 CFR 252

Legal Deadline: None

Abstract: This interim regulation reorganizes the nonimmigrant 
regulations. It divides existing 8 CFR 214 into several new CFR parts, 
creating a new part for each major nonimmigrant classification. The 
regulation does not make significant changes to the regulations, but 
does rewrite and reorganize them to make them easier to read and 
follow. In addition the regulation eliminates obsolete provisions.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              09/00/05
Interim Final Rule Comment 
Period End                      11/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2218-02
Transferred from RIN 1115-AG62

Agency Contact: Efren Hernandez, Chief, Business and Trade Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Office of Program and Regulations Development, (ULLICO) 3rd 
Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 353-8177

RIN: 1615-AA74
_______________________________________________________________________




1133. WAIVERS FOR NONIMMIGRANTS UNDER SECTION 212(D)(3)(A) OF THE 
IMMIGRATION AND NATIONALITY ACT

Priority: Other Significant

Legal Authority: 8 USC 1101 to 1103; 8 USC 1182; 8 USC 1184

CFR Citation: 8 CFR 212

Legal Deadline: None

Abstract: This rule amends regulations pertaining to the process by 
which waiver requests are referred to DHS by the Department of State 
for certain nonimmigrants. This rule affects individuals located 
outside of the United States who are applying for temporary visas. 
Promulgation of this rulemaking ensures that DHS' rules are consistent 
with long-standing agency practices.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              10/00/05
Interim Final Rule Comment 
Period End                      12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2200-02
Transferred from RIN 1115-AG63

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754
Email: [email protected]

RIN: 1615-AA75
_______________________________________________________________________




1134. CLARIFICATION OF REGULATIONS RELATING TO ALIENS THAT ARE 
EMPLOYMENT AUTHORIZED INCIDENT TO STATUS

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1201; 8 USC 1201a; 8 USC 
1301 to 1305; 8 USC 1324a

CFR Citation: 8 CFR 2; 8 CFR 264; 8 CFR 274a

Legal Deadline: None

Abstract: This interim rule: 1) clarifies the regulations relating to 
aliens who are ``employment authorized incident to status;'' 2) 
implements regulations to Public Laws 107-124 and 107-125, which 
provide for employment authorization for certain spouses of E and L 
nonimmigrants; and 3) makes a series of technical changes to the 8 CFR 
to update and clarify language relating to employment authorization and 
employment authorization documents.

[[Page 26929]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              10/00/05
Interim Final Rule Comment 
Period End                      12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2204-02
Transferred from RIN 1115-AG74

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754
Email: [email protected]

RIN: 1615-AA78
_______________________________________________________________________




1135. PROCEDURES FOR CONDUCTING EXAMINATIONS AND WAIVING THE OATH OF 
ALLEGIANCE FOR NATURALIZATION APPLICANTS WITH DISABILITIES

Priority: Other Significant

Legal Authority: 8 USC 1103; 8 USC 1421; 8 USC 1443; 8 USC 1447; 8 CFR 
2.1; . . .

CFR Citation: 8 CFR 310; 8 CFR 313; 8 CFR 316; 8 CFR 319; 8 CFR 333; . 
. .

Legal Deadline: None

Abstract: This regulation provides procedures for conducting 
examinations and waiving the oath of allegiance attachment requirement 
and the oath requirement for any individual who has a developmental, 
physical, or mental impairment that makes him or her unable to 
understand, or communicate an understanding of, the meaning of the 
oath. The rule incorporates changes made by Public Law 106-448, which 
authorized the Secretary of the Department of Homeland Security to 
waive the oath requirement for such individuals. It also specifies who 
is authorized to act as a designated representative on behalf of 
applicants who qualify for the waiver and addresses how DHS will 
conduct examinations with such representatives to ensure that 
applicants with disabilities have the opportunity to establish 
eligibility for naturalization.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              10/00/05
Interim Final Rule Comment 
Period End                      12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2191-02
Transferred from RIN 1115-AG77

Agency Contact: Kellie LeClair, Staff Officer, Department of Homeland 
Security, U.S. Citizenship and Immigration Services, Room 980, 20 
Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 272-1018

RIN: 1615-AA81
_______________________________________________________________________




1136. ELECTRONIC SIGNATURE ON APPLICATIONS AND PETITIONS FOR IMMIGRATION 
AND NATURALIZATION BENEFITS

Priority: Other Significant

Legal Authority: 5 USC 552; 5 USC 552a; 8 USC 1101; 8 USC 1103; 8 USC 
1201; 8 1252 note; . . .

CFR Citation: 8 CFR 103

Legal Deadline: Other, Statutory, September 2003, Public Law 105-277.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              04/29/03                    68 FR 23009
Interim Final Rule Effective    05/29/03
Final Action                    10/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2224-02
Transferred from RIN 1115-AG79

Agency Contact: Kellie LeClair, Staff Officer, Department of Homeland 
Security, U.S. Citizenship and Immigration Services, Room 980, 20 
Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 272-1018

RIN: 1615-AA83
_______________________________________________________________________




1137. WITHHOLDING OF ADJUDICATION

Priority: Other Significant

Legal Authority: 8 USC 552; 8 USC 552a; 8 USC 1101; 8 USC 1103; 8 USC 
1304; 8 USC 1356; 8 USC 1421; 8 USC 1443; 8 USC 1447; . . .

CFR Citation: 8 CFR 103; 8 CFR 208; 8 CFR 310; 8 CFR 335; 8 CFR 336

Legal Deadline: None

Abstract: This regulation expands the situations where a director can 
withhold the adjudication of an application or petition. The director 
may withhold adjudication at six-month increments while there is an 
ongoing investigation relating to that application or petition. Any 
regulatory deadlines will be tolled while adjudication is withheld. The 
director will give notice of withholding to the petitioner or applicant 
if it will not prejudice the investigation. The Department is now 
conducting security checks on all applicants and petitions, so this 
rule is necessary to ensure that immigration benefits are not granted 
while there is an ongoing investigation.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              08/00/05
Interim Final Rule Comment 
Period End                      10/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

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

[[Page 26930]]

Agency Contact: Louis D. Crocetti, Director, Office of Fraud Detection 
and National Security, Office of Operations, Department of Homeland 
Security, U.S. Citizenship and Immigration Services, 3rd Floor, 111 
Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 353-2168
Fax: 202 353-2933

RIN: 1615-AA86
_______________________________________________________________________




1138. ADJUSTMENT OF THE APPEAL AND MOTION FEE TO RECOVER FULL COSTS

Priority: Other Significant

Legal Authority: 5 USC 552; 5 USC 552a; 8 USC 1101; 8 USC 1103; 8 USC 
1304; 8 USC 1356; 31 USC 9701; EO 12356; . . .

CFR Citation: 8 CFR 103

Legal Deadline: None

Abstract: This rule raises the fees for filing an appeal or motion to 
reopen/reconsider any decision under the immigration laws in any type 
of proceeding over which the Board of Immigration Appeals does not have 
appellate jurisdiction. The fee is being raised from $110 to $368 to 
recover the full costs associated with the processing of an appeal or 
motion to reopen/reconsider. Fees collected are deposited into the 
Immigration Examinations Fee Account and used to fund the full cost of 
processing immigration benefit applications and associated support 
benefits; the full cost of providing similar benefits to asylum and 
refugee applicants; and the full cost of similar benefits provided to 
other immigrants, as specified in the regulation, at no charge. Federal 
guidelines require the Department of Homeland Security to establish and 
collect fees to recover the full cost of processing immigration benefit 
applications, rather than supporting these services with tax revenue.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/30/04                    69 FR 69546
NPRM Comment Period End         12/30/04
Final Action                    08/00/05
Final Action Effective          10/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2245-02
Transferred from RIN 1115-AG89

Agency Contact: Paul Schlesinger, Director, Department of Homeland 
Security, U.S. Citizenship and Immigration Services, Room 5307, Office 
of Budget, 20 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 272-1920
Email: [email protected]

RIN: 1615-AA88
_______________________________________________________________________




1139. IMPLEMENTATION OF AMENDMENTS AFFECTING PETITIONS FOR EMPLOYMENT 
CREATION ALIENS

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1151; 8 USC 1153; 8 USC 
1154; . . .

CFR Citation: 8 CFR 204; 8 CFR 216; 8 CFR 245; 8 CFR 299

Legal Deadline: Final, Statutory, March 2, 2003.

Abstract: This rule proposes amendments to the regulations of the 
Department of Homeland Security to implement changes made by the 21st 
Century Department of Justice Appropriations Authorization of 2001. 
This legislation made various changes to the EB-5 Alien immigrant 
classification. This rule is being issued as an interim rule to comply 
with the statutory requirement that implementing regulations be issued 
by the Department within 120 days of enactment, and to ensure that the 
Department's regulations are consistent with the new legislation.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              07/00/05
Interim Final Rule Comment 
Period End                      09/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

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

Agency Contact: Efren Hernandez, Chief, Business and Trade Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Office of Program and Regulations Development, (ULLICO) 3rd 
Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 353-8177

RIN: 1615-AA90
_______________________________________________________________________




1140. IMPLEMENTATION OF THE AGE OUT PROTECTIONS AFFORDED UNDER THE CHILD 
STATUS PROTECTION ACT

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1151; 8 USC 1153; 8 USC 
1154; . . .

CFR Citation: 8 CFR 204; 8 CFR 205

Legal Deadline: None

Abstract: The Department will promulgate an interim final rule that 
amends regulations contained in title 8 of the Code of Federal 
Regulations to implement certain provisions of the Child Status 
Protection Act (Pub. L. 107-288). The rule will ensure that the age-out 
protections afforded to certain alien beneficiaries in the Child Status 
Protection Act are codified.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              10/00/05
Interim Final Rule Comment 
Period End                      11/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: Transferred from RIN 1115-AH01

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754
Email: [email protected]

RIN: 1615-AA95

[[Page 26931]]

_______________________________________________________________________




1141. ELIMINATING THE NUMERICAL CAP ON MEXICAN TN NONIMMIGRANTS

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1102; 8 USC 1103; 8 USC 1182; 8 USC 
1184; . . .

CFR Citation: 8 CFR 214

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              03/10/04                    69 FR 11287
Interim Final Rule Comment 
Period End                      05/10/04
Final Action                    12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2266-03
Transferred from RIN 1115-AH02

Agency Contact: Efren Hernandez, Chief, Business and Trade Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Office of Program and Regulations Development, (ULLICO) 3rd 
Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 353-8177

RIN: 1615-AA96
_______________________________________________________________________




1142. FILING OF PROPOSALS FOR DESIGNATION AS A REGIONAL CENTER APPROVED 
TO PARTICIPATE IN THE IMMIGRANT INVESTOR PILOT PROGRAM

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1151; 8 USC 1154; 8 USC 
1182; 8 USC 1186a

CFR Citation: 8 CFR 204

Legal Deadline: None

Abstract: The regulation changes the location for the filing and 
adjudication of proposals to participate in the Immigrant Investor 
Pilot Program from Headquarters, Office of Adjudication, to the Texas 
and California DHS Centers. This change is necessary to ensure the 
uniform and effective adjudication of these complex proposals related 
to economic development, export trade, and job creation.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              12/00/05
Interim Final Rule Comment 
Period End                      02/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Additional Information: CIS No. 1944-98
Transferred from RIN 1115-AF27

Agency Contact: Efren Hernandez, Chief, Business and Trade Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Office of Program and Regulations Development, (ULLICO) 3rd 
Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 353-8177

RIN: 1615-AB00
_______________________________________________________________________




1143. APPLICATION FOR NATURALIZATION BY ALTERNATIVE APPLICATION IF 
CITIZEN PARENT HAS DIED

Priority: Other Significant

Legal Authority: PL 107-273; 21st Century Department of Justice 
Appropriations Authorization Act

CFR Citation: 8 CFR 103; 8 CFR 299; 8 CFR 320; 8 CFR 322; 8 CFR 499

Legal Deadline: None

Abstract: One of the changes made by Public Law 107-273 is the addition 
of the U.S. citizen grandparents and U.S. citizen of legal guardians as 
eligible to apply for citizenship on behalf of a child born and 
residing outside the United States pursuant to the Immigration and 
Nationality Act, section 322. This rule amends DHS regulations to 
authorize an alternative applicant to file an application for 
citizenship on behalf of a foreign-born child if the U.S. citizen 
parent has died.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              12/00/05
Interim Final Rule Comment 
Period End                      02/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2289-03

Agency Contact: Pamela T. Wallace, Staff Officer, Department of 
Homeland Security, U.S. Citizenship and Immigration Services, Room 980, 
Field Operations, 20 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 272-1017

RIN: 1615-AB08
_______________________________________________________________________




1144. REQUIRING COMPLETION OF SECURITY CHECKS BEFORE ISSUANCE OF 
EVIDENCE OF ALIEN REGISTRATION

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 8 USC 1103; 8 USC 1201; 8 USC 1303 to 1305; 8 CFR 2

CFR Citation: 8 CFR 264

Legal Deadline: None

Abstract: This interim rule amends Department of Homeland Security 
regulations relating to the issuance of evidence of alien registration. 
Under the amended rule, the Department will not issue evidence of an 
alien's registration under sections 262 and 264 of the Immigration and 
Nationality Act until the Department has completed all appropriate 
security checks. This rule is necessary to minimize the risk that 
aliens who may present threats to the public safety or national 
security may escape detection and removal from the United States.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              06/00/05
Interim Final Rule Comment 
Period End                      08/00/05

[[Page 26932]]

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2291-03

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, (ULLICO), Office of Program and Regulations 
Development, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754

RIN: 1615-AB12
_______________________________________________________________________




1145. REMOVAL OF STANDARDIZED REQUEST FOR EVIDENCE PROCESSING TIMEFRAME

Priority: Other Significant

Legal Authority: 8 USC 1103

CFR Citation: 8 CFR 103

Legal Deadline: NPRM, Statutory, September 1, 2003, NPRM Comment Period 
Ends January 31, 2005.

Abstract: This rule proposes to amend Department of Homeland Security 
regulations by removing the absolute requirement for, and the fixed 
regulatory time limitations on responses to, a U.S. Citizenship and 
Immigration Services issued Request for Evidence (RFE) or Notice of 
Intent to Deny (NOID). These changes will enable USCIS to set an 
appropriate deadline for responding to an RFE or NOID, specific to the 
type of case, benefit category, or classification, and thus improve the 
process of adjudication of applications and petitions by reducing the 
time a case is held awaiting evidence, and by reducing average case 
processing time. This rule will result in improved efficiency in the 
USCIS adjudication process.
In addition, this rule includes certain organizational changes 
necessitated by the implementation of the Homeland Security Act of 
2002, Public Law 107-296. This rule also removes obsolete regulatory 
language related to the Replenishment Agricultural Worker (RAW) program 
under section 210A of the Immigration and Nationality Act (Act), which 
was repealed by section 219(ee)(1) of the Immigration and Technical 
Corrections Act of 1994, Public Law 103-416. The rule further removes 
references to the use of qualified designated entities for filing of 
applications for adjustment of status in the Seasonal Agricultural 
Workers (SAW) and legalization programs under section 210 and 245A of 
the Act. By including the organizational changes, the rule will also 
assist the public in understanding the delegation of authority for 
adjudicating cases.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/30/04                    69 FR 69549
NPRM Comment Period End         01/31/05
Final Action                    10/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2287-03

Agency Contact: Christopher M. Quimby, Chief, Operations Support 
Branch, Office of Program and Regulations Development, Department of 
Homeland Security, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 616-7708
Email: [email protected]

RIN: 1615-AB13
_______________________________________________________________________




1146. CLASSIFICATION OF CERTAIN SCIENTISTS OF THE COMMONWEALTH OF 
INDEPENDENT STATES OF THE FORMER SOVIET UNION AND THE BALTIC STATES AS 
EMPLOYMENT-BASED IMMIGRANTS

Priority: Other Significant

Legal Authority: 8 USC 1103; 8 USC 1151; 8 USC 1153; 8 USC 1154

CFR Citation: 8 CFR 204

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              04/25/05                    70 FR 21129
Interim Final Rule Effective    05/25/05
Interim Final Rule Comment 
Period End                      06/24/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2277-03

Agency Contact: Efren Hernandez, Chief, Business and Trade Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Office of Program and Regulations Development, (ULLICO) 3rd 
Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 353-8177

RIN: 1615-AB14
_______________________________________________________________________




1147. PETITIONING REQUIREMENTS FOR THE O AND P NONIMMIGRANT 
CLASSIFICATIONS

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1102; 8 USC 1103; 8 USC 1182; 8 USC 
1184; . . .

CFR Citation: 8 CFR 214

Legal Deadline: None

Abstract: This interim rule amends the regulations of the Department of 
Homeland Security to enable certain petitioners to file O and P 
nonimmigrant petitions up to one year prior to the petitioners' need 
for the alien's services. Petitioners frequently plan for an event or 
performance more

[[Page 26933]]

than one year in advance when seeking O and/or P nonimmigrant workers 
for employment in the United States. By extending the filing time 
requirement for O and P petitions from the current six months to one 
year, DHS hopes to provide relief and assurance to petitioners that, if 
approvable, such petitions will be approved prior to the date of the 
petitioners' need for the alien's services.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              04/28/05                    70 FR 21983
Interim Final Rule Comment 
Period End                      07/27/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Additional Information: Current filing times combined with processing 
times often result in an O or P petition being adjudicated at the same 
time or later than the date of the petitioner's stated need for the 
alien. This creates a hardship for employers who are seeking to hire 
the alien based on a scheduled performance, competition, or event, and 
who may have booked a venue and sold advance tickets. If the petition 
is not approved by the time of the petitioner's stated need, the 
petitioner may be required to cancel a scheduled event or performance, 
may lose funds advanced for booking a venue, and may also be liable for 
the costs associated with ticket refunds. Since an O or P employer may 
plan for the competition, event, or performance more than one year in 
advance, DHS has determined that extending the filing time will provide 
relief to many such employers.
Although this rule may have an impact on small entities, the rule has 
been drafted in a way to minimize the economic impact that it has on 
small businesses while meeting its intended objective. This rule will 
ensure that certain O and P nonimmigrant petitions are adjudicated well 
in advance of the date of the employers' stated need, and thus prevent 
employers from having to cancel an event, competition, or performance 
either because the petition was denied at the last minute, or because 
the petition was not adjudicated in advance of the need. Employers will 
be less likely to lose booking costs or have to issue refunds if they 
receive a decision on the petition well in advance of the event, 
competition, or performance. Extending the time requirements for the 
filing of O and P petitions will provide immediate relief to affected 
United States employers, and any economic impact on small entities is 
likely to be positive.

Agency Contact: Efren Hernandez, Chief, Business and Trade Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Office of Program and Regulations Development, (ULLICO) 3rd 
Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 353-8177

RIN: 1615-AB17
_______________________________________________________________________




1148. CHANGE OR EXTENSION OF NONIMMIGRANT STATUS UNDER THE CHILE AND 
SINGAPORE FREE TRADE AGREEMENTS

Priority: Other Significant

Legal Authority: PL 108-77; PL 108-78; 8 USC 1101; 8 USC 1102; . . .

CFR Citation: 8 CFR 214; 8 CFR 248

Legal Deadline: None

Abstract: The Free Trade Agreements with Chile and Singapore, Public 
Laws 108-77 and 108-98, respectively, allow for the temporary entry of 
business persons from these countries in order to provide professional 
services for U.S. employers. While the agreements vest the Departments 
of Labor and State with determining initial eligibility for issuance of 
a free trade nonimmigrant visa, the Department of Homeland Security's 
U.S. Citizenship and Immigration Services oversees cases where a 
citizen of Chile or Singapore requests a change of nonimmigrant status 
to that of free trade nonimmigrant as well as requests a change of 
nonimmigrant status to that of free trade nonimmigrant as well as 
requests for extensions of free trade nonimmigrant status. The interim 
rule outlines the procedures for such change of extension requests.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              09/00/05
Interim Final Rule Comment 
Period End                      11/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS 2310-03

Agency Contact: Efren Hernandez, Chief, Business and Trade Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Office of Program and Regulations Development, (ULLICO) 3rd 
Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 353-8177

RIN: 1615-AB22
_______________________________________________________________________




1149. ELIGIBILITY PILOT PROGRAM (PRECERTIFICATION OF CERTAIN I-129 AND 
I-140 PETITIONERS)

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1151; 8 USC 1153; 8 USC 
1154; . . .

CFR Citation: 8 CFR 204; 8 CFR 214; 8 CFR 299

Legal Deadline: None

Abstract: This rule amends DHS regulations by establishing a new 
Employer Precertification Pilot Program (Pilot Program or EPPP), and 
provides the eligibility requirements and procedures for participating 
in this Pilot Program. This Pilot Program is being established to 
enable the U.S. Citizenship and Immigration Services (USCIS) to 
streamline the adjudication process for those approved qualifying 
employers who submit Form I-129, Petition for a Nonimmigrant Worker and 
Form I-140, Immigrant Petition for Alien Workers, to USCIS. The Pilot 
Program is intended to reduce backlogs and increase efficiencies in 
adjudicating of certain employment-related nonimmigrant and immigrant 
visa petitions.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              10/00/05
Interim Final Rule Comment 
Period End                      12/00/05

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Efren Hernandez, Chief, Business and Trade Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Office of Program and Regulations

[[Page 26934]]

Development, (ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., 
Washington, DC 20529
Phone: 202 353-8177

RIN: 1615-AB25
_______________________________________________________________________




1150. PETITIONS FOR EMPLOYMENT BASED IMMIGRANTS

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1151; 8 USC 1153; 8 USC 
1154; 8 USC 1182; 8 USC 1186a; 8 USC 1255; 8 USC 1641

CFR Citation: 8 CFR 204.5

Legal Deadline: None

Abstract: The rule amends 8 CFR 204.5(g)(2) eliminating specific 
reference to ability to pay and replacing it with the statutory 
requirement that petitioner establish its bona fides as a U.S. employer 
through specifically cited initial evidence. This rule provides 
clarification and focus that reflects the statutory requirement that 
the petitioning employer establish its bona fides as a U.S. employer 
and the viability of the proffered job.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              10/00/05
Interim Final Rule Comment 
Period End                      12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Efren Hernandez, Chief, Business and Trade Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Office of Program and Regulations Development, (ULLICO) 3rd 
Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 353-8177

RIN: 1615-AB27
_______________________________________________________________________




1151. EXTENSION OF THE DEADLINE FOR CERTAIN HEALTH CARE WORKERS REQUIRED 
TO OBTAIN CERTIFICATES

Priority: Other Significant

Legal Authority: 8 USC 1101 to 1103; 8 USC 1182; . . .

CFR Citation: 8 CFR 212; 8 CFR 214

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              07/22/04                    69 FR 43729
Interim Final Rule Comment 
Period End                      09/20/04
Final Action                    12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Efren Hernandez, Chief, Business and Trade Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Office of Program and Regulations Development, (ULLICO) 3rd 
Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 353-8177

RIN: 1615-AB28
_______________________________________________________________________




1152. [bull] ADDING A FILING FEE FOR RE-REGISTRATION AND EXTENSION OF 
TEMPORARY PROTECTED STATUS

Priority: Other Significant

Legal Authority: 8 USC 1103; 8 USC 1254

CFR Citation: 8 CFR 103; 8 CFR 244

Legal Deadline: None

Abstract: This interim rule amends Department of Homeland Security 
regulations to require each Temporary Protected Status (TPS) initial 
registrant and re-registrant to submit to U.S. Citizenship and 
Immigration Services (USCIS) at an Application Support Center (ASC): 1) 
her/his biometrics; 2) a $175 filing fee or fee waiver request with 
Form I-765, Application for Employment Authorization, when requesting 
an Employment Authorization Document (EAD); and 3) a $70 biometric 
services fee. For TPS registrants and re-registrants who are under 14 
years of age, this rule only imposes these requirements where an EAD is 
requested. This interim rule also clarifies current regulations 
governing registration and imposes a new requirement that each TPS re-
registrant submit a $50 filing fee or a fee waiver request with Form I-
821, Application for Temporary Protected Status. The changes made by 
this interim rule to the current regulations are necessary to improve 
DHS' ability to identify fraud and security threats while improving the 
efficiency of the adjudicative process. In addition, collection of 
these filing fees will help enable USCIS to recover the costs incurred 
by adjudicating these forms, capturing biometric information, and 
producing the EAD.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              09/00/05
Interim Final Rule Comment 
Period End                      11/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS 2334-04

Agency Contact: Collen Cook, Adjudications Officer, Department of 
Homeland Security, U.S. Citizenship and Immigration Services, Office of 
Program and Regulations Development, 3rd Floor, 111 Massachusetts 
Avenue NW., Washington, DC 20529
Phone: 202 307-0502
Email: [email protected]

RIN: 1615-AB31
_______________________________________________________________________




1153. [bull] ALLOCATION OF H-1B VISAS CREATED BY THE H-1B VISA REFORM 
ACT OF 2004

Priority: Economically Significant. Major under 5 USC 801.

Legal Authority: PL 108-447; 5 USC 301; 5 USC 552; 5 USC 552a; 8 USC 
1101; . . .

CFR Citation: 8 CFR 103; 8 CFR 214

Legal Deadline: None

[[Page 26935]]

Abstract: This interim rule implements certain changes made by the 
Omnibus Appropriations Act for Fiscal Year 2005 to the numerical limits 
of the H-1B nonimmigrant visa category and the fees for filing of H-1B 
petitions. This interim rule also notifies the public of the procedures 
U.S. Citizenship and Immigration Services (USCIS) will use to allocate 
the additional H-1B numbers made available pursuant to that act. This 
rule further modifies USCIS premium processing regulations by providing 
authority to delay, suspend or set an alternate date on which the 15 
calendar day premium processing period commences.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              05/00/05
Interim Final Rule Comment 
Period End                      06/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Efren Hernandez, Chief, Business and Trade Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Office of Program and Regulations Development, (ULLICO) 3rd 
Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 353-8177

RIN: 1615-AB32
_______________________________________________________________________


Department of Homeland Security (DHS)                 Long-Term Actions


U.S. Citizenship and Immigration Services (USCIS)



_______________________________________________________________________




1154. REDUCTION OF THE NUMBER OF ACCEPTABLE DOCUMENTS AND OTHER CHANGES 
TO EMPLOYMENT VERIFICATION REQUIREMENTS

Priority: Other Significant. Major under 5 USC 801.

Legal Authority: 8 USC 1324a; PL 104-208

CFR Citation: 8 CFR 274a

Legal Deadline: Final, Statutory, March 31, 1998, An interim rule, 
published September 30, 1997, makes the minimal changes required by 
statute. The provisions will remain in effect until completion of this 
rulemaking.

Abstract: On September 30, 1996, the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (IIRIRA) was enacted. Section 
412(a) of IIRIRA requires a reduction in the number of documents that 
may be accepted in the employment verification process. Section 412(d) 
clarifies the applicability of section 274A to the Federal Government. 
Section 610 of the Regulatory Flexibility Act requires agencies to 
review rules that have a significant economic impact on a substantial 
number of small entities every 10 years. The Department is conducting 
this review in conjunction with IIRIRA implementation. The Department 
of Justice published a proposed rulemaking on February 12, 1998, to 
implement sections 212(a) and (d) of IIRIRA and propose other changes 
to the employment verification process identified through that review. 
A revised Form I-9, Employment Eligibility Verification, was included 
with the proposed rulemaking.
The comment period closed on April 3, 1998. The Department of Homeland 
Security continues to analyze the comments and take into consideration 
issues raised by the Alien Registration Form (I-551) program. It should 
be noted that this action supersedes the previously published 
regulatory action titled ``Reduction in the Number of Documents 
Accepted for Employment Verification.'' In order to avoid confusion, 
this regulatory action is being referenced under the current RIN, which 
captures all prior actions related to employment verification.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM (No. 1399 Comment Period 
End 12/23/93)                   11/23/93                    58 FR 61846
NPRM (No. 1339S Comment Period 
End 07/24/95)                   06/22/95                    60 FR 32472
Notice (No. 1713 Applications 
Due 01/29/96)                   11/30/95                    60 FR 61630
Appl. Extension Through 3/8/96; 
Notice Pilot Demonstration 
Program (No. 1713)              02/06/96                     61 FR 4378
Final Rule (No. 1399E)          09/04/96                    61 FR 46534
Interim Final Rule (No. 1818)   09/30/97                    62 FR 51001
NPRM (No. 1890-97 Comment Period 
End 04/03/98)                   02/02/98                     63 FR 5287
Final Rule                       To Be                       Determined

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: Federal, Local, State, Tribal

Additional Information: The deadline for implementing section 412(a) of 
IIRIRA was extended to March 31, 1998, by Public Law 105-54. This 
rulemaking has been delayed by the need to coordinate implementation 
with other provisions of IIRIRA, by several complex policy and 
regulatory issues that have taken time to resolve, and by the review 
required by section 610 of the Regulatory Flexibility Act, and by the 
need to coordinate policy issues with the Border Security Act of 2002 
and, more generally, the post-September 11th environment in which 
document security is of a paramount concern.
Docket No. 1890-97; Public Law 104-208, title 4.
Nos. 1399 and 1399S-94, Control of Employment of Aliens, Supplemental 
Rule; Action for Nos. 1399 and 1399S is canceled as a result of IIRIRA 
requirements.
Docket No. 1399E is an extracted portion of No. 1399, published 
separately to allow for the production of a new, more secure Employment 
Authorization Document.
Docket No. 1713-95, Demonstration Project for Electronic I-9.
Interim Rule No. 1818 was published on September 30, 1997, at 62 FR 
51001 to maintain the status quo as much as possible until the agency 
completes the more comprehensive document reduction initiative 
designated by No. 1890-97.
Transferred from RIN 1115-AB73

Agency Contact: Pearl Chang, Chief, Residence and Status Branch,

[[Page 26936]]

Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754
Email: [email protected]

RIN: 1615-AA01
_______________________________________________________________________




1155. TEMPORARY PROTECTED STATUS NOTICES AND REGULATIONS

Priority: Other Significant

Legal Authority: 8 USC 1103; 5 USC 552; 5 USC 552a; 8 USC 1201; 28 USC 
509; 31 USC 9701; 8 USC 1254a; 8 USC 1254a note; 8 USC 1362; 8 USC 
1324a; 8 USC 1101; 8 USC 1303; 8 CFR 2; 5 USC 301

CFR Citation: 8 CFR 103; 8 CFR 244; 8 CFR 299

Legal Deadline: None

Abstract: Under section 244 of the Immigration and Nationality Act 
(INA), 8 U.S.C. section 1254a, the Department of Homeland Security 
(DHS), after consultation with appropriate agencies of the government, 
is authorized to designate a foreign state (or part thereof) for 
temporary protected status (TPS). DHS then may grant TPS to eligible 
nationals of that foreign state (or aliens having no nationality who 
last habitually resided in that state). Under TPS, aliens subject to 
such status shall be permitted to remain in the United States. DHS 
currently grants temporary protected status to 7 countries.
At least 60 days before the end of the TPS designation, or any 
extension thereof, DHS is required to review the conditions in a 
foreign state designated under the TPS program to determine whether the 
conditions for TPS continue to be met and, if so, the length of an 
extension of TPS. The determination by DHS to grant, extend or 
terminate TPS is announced by a notice in the Federal Register.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

TPS Final Rule (CIS No. 1612) 
Removal of Obsolete Sections 
Covering TPS for Salvadorans    09/10/96                    61 FR 47667
TPS Notice (CIS No. 1832-97) 
Extension and Redesignation of 
Liberia                         04/07/97                    62 FR 16608
TPS Notice (CIS No. 1853-97) 
Extension and Termination of 
Rwanda Eff. 06/07/97            06/19/97                    62 FR 33442
TPS Notice (CIS No. 1862-97) 
Extension of Bosnia- Herzegovina08/01/97                    62 FR 41420
TPS Notice (CIS No. 1863-97) 
Extension of Somalia            08/01/97                    62 FR 41421
TPS Notice (CIS No. 1878-97) TPS 
Designation of Montserrat       08/28/97                    62 FR 45685
TPS Notice (CIS No. 1775-96) TPS 
Designation of Burundi          11/04/97                    62 FR 59735
TPS Notice (CIS No. 1780-97) TPS 
Designation of Sudan            11/04/97                    62 FR 59737
TPS Notice (CIS No. 1877-97) TPS 
Designation of Sierra Leone     11/04/97                    62 FR 59736
TPS Notice (CIS No. 1910-98) 
Termination of Designation of 
Liberia                         03/31/98                    63 FR 15437
TPS Notice (CIS No. 1929-98) TPS 
Designation of Province         06/09/98                    63 FR 31527
TPS Notice (CIS No. 1945-98) 
Extension of Designation of 
Somalia                         09/28/98                    63 FR 51602
TPS Notice (CIS No. 1953-98) 
Redesignation of Liberia        09/29/98                    63 FR 51958
TPS Notice (CIS No. 1957-98) TPS 
Extension of Designation of 
Burundi                         11/03/98                    63 FR 59334
TPS Notice (CIS No. 1958-98) TPS 
Extension of Designation of 
Sierra Leone                    11/03/98                    63 FR 59336
TPS Notice (CIS No. 1959-98) 
Extension of Designation of 
Sudan                           11/03/98                    63 FR 59337
Final Action, Temporary 
Protected Status, Exception to 
Registration Deadlines          11/16/98                    63 FR 63593
TPS Notice (CIS No. 1964-98) TPS 
Designation of Honduras         01/05/99                      64 FR 524
TPS Notice (CIS No. 1965-98) TPS 
Designation of Nicaragua        01/05/99                      64 FR 526
TPS Notice (CIS No. 1960-98) TPS 
Designation of Guinea-Bissau    03/11/99                    64 FR 12181
TPS Notice (CIS No. 1986-99) TPS 
Extension and Redesignation of 
the Province of Kosovo          06/08/99                    64 FR 30542
TPS Notice (CIS No. 1953-99) 
Termination of TPS Designation 
of Liberia                      07/30/99                    64 FR 41463
TPS Notice (CIS No. 2009-99) 
Extension of the TPS 
Registration Period for 
Hondurans and Nicaraguans       08/06/99                    64 FR 42991
TPS Notice (CIS No. 2006-99) 
Extension of TPS Designation of 
Bosnia- Herzegovina             08/11/99                    64 FR 43720
TPS Notice (CIS No. 2010-99) 
Extension of TPS Designation of 
Montserrat                      09/02/99                    64 FR 48190
TPS Notice (CIS No. 2015-99) 
Extension of TPS Designation of 
Somalia                         09/13/99                    64 FR 49511
TPS Notice (CIS No. 2022-99) 
Extension and Redesignation of 
Burundi Under Temporary 
Protected Status                11/09/99                    64 FR 61123
TPS Notice (CIS No. 2023-99) 
Extension and Redesignation of 
Sudan Under the Temporary 
Protected Stat                  11/09/99                    64 FR 61128
TPS Notice (CIS No. 2024-99) 
Extension and Redesignation of 
Sierra Leone Under Temporary 
Protected S                     11/09/99                    64 FR 61125

[[Page 26937]]

TPS Notice (CIS No. 2043-00) 
Extension and Termination of 
Designation of Guinea-Bissau 
Under TPS                       03/20/00                    65 FR 15016
TPS Notice (CIS No. 2044-00) 
Designation of Angola Under TPS 03/29/00                    65 FR 16634
TPS Notice (CIS No. 2064-00) 
Extension of Nicaragua 
Designation                     05/11/00                    65 FR 30440
TPS Notice (CIS No. 2065-00) 
Extension of Designation 
Hondurans                       05/11/00                    65 FR 30438
TPS Notice (CIS No. 2066-00) 
Termination of the Kosovo. . .  05/23/00                    65 FR 33356
TPS Notice (CIS No. 2064R-00) 
Extension of Re-Registration for 
Nicaraguans                     06/09/00                    65 FR 36729
TPS Notice (CIS No. 2065R-00) 
Extension of Re-Registration for 
Hondurans                       06/09/00                    65 FR 36719
TPS Notice (CIS No. 2079-00) 
Termination of Bosnia- 
Herzegovina                     08/30/00                    65 FR 52789
TPS Notice (CIS No. 2087-00) 
Extension of Designation of 
Montserrat Under Temporary 
Protected Status                10/02/00                    65 FR 58806
TPS Notice (CIS No. 2094-00) 
Extension of Designation of 
Sudan                           11/09/00                    65 FR 67407
TPS Notice (CIS No. 2095-00) 
Extension of Designation of 
Sierra Leone                    11/09/00                    65 FR 67405
TPS Notice (CIS No. 2096-00) 
Extension of Designation of 
Burundi                         11/09/00                    65 FR 67404
Correction TPS Notice (CIS 
No.2090-00) Extension of 
Designation of Somalia          12/08/00                    65 FR 69789
TPS Notice (CIS No. 2125-01) 
Designation of El Salvador      03/09/01                    66 FR 14214
TPS Notice (CIS No. 2114-01) 
Extension and Redesignation of 
Angola                          04/05/01                    66 FR 18111
TPS Notice (CIS No. 2135-01) 
Extension of Designation of 
Honduras under TPS              05/08/01                    66 FR 23269
TPS Notice (CIS No. 2136-01) 
Extension of Designation of 
Nicaragua under TPS             05/08/01                    66 FR 23271
TPS Notice (CIS No. 2148-01) 
Auto. Ext. of Work Authorization 
for Hondurans & Nicaraguans 
Under TPS                       07/03/01                    66 FR 35270
TPS Notice (CIS No. 2146-01) 
Extension of the Designation of 
Montserrat under TPS            08/03/01                    66 FR 40834
TPS Notice (CIS No. 2162-01) 
Extension of Designation of 
Burundi under TPS               08/31/01                    66 FR 46027
TPS Notice (CIS No. 2163-01) 
Extension of the Designation of 
Sierra Leone under TPS          08/31/01                    66 FR 46029
TPS Notice (CIS No. 2164-01) 
Extension of Designation of 
Sudan under TPS                 08/31/01                    66 FR 46031
TPS Notice (CIS No. 2151-01) 
Extension of Redesignation of 
Somalia under TPS               09/04/01                    66 FR 46288
TPS Notice (CIS No. 2114-01) 
Extension of the Designation of 
Angola under TPS                02/01/02                     67 FR 4997
TPS Notice (CIS No. 2196-02) 
Extension of Designation of 
Nicaragua under TPS             05/03/02                    67 FR 22450
TPS Notice (CIS No. 2197-02) 
Extension of the Designation 
Honduras under TPS              05/03/02                    67 FR 22451
TPS Notice (CIS No. 2212-02) 
Extension of Designation of El 
Salvador under TPS              07/11/02                    67 FR 46000
TPS Notice (CIS No. 2209-02) 
Extension of Designation of 
Montserrat                      07/17/02                    67 FR 47002
TPS Notice (CIS No. 2209-02) 
Extension of Designation of 
Montserrat under TPS            07/17/02                    67 FR 47002
TPS Notice (CIS No. 2215-02) 
Extension of Designation of 
Somalia                         07/26/02                    67 FR 48950
TPS Notice (CIS 2226-02) 
Extension of the Designation of 
Sudan under TPS                 08/30/02                    67 FR 55877
TPS Notice (CIS No. 2225-02) 
Extension of Designation of 
Burundi under TPS               08/30/02                    67 FR 55875
TPS Notice (CIS No. 2235-02) 
Designation of Liberia under TPS10/01/02                    67 FR 61664
TPS Notice (CIS No. 2237-02) 
Extension of TPS for Sierra 
Leone                           10/31/02                    67 FR 66423
TPS Notice (CIS No. 2229-02) 
Termination of Designation of 
Angola under TPS                01/27/03                     68 FR 3896
TPS Notice (CIS No. 2314-04) 
Termination of the Designation 
of Montserrat                   07/06/04                    69 FR 40642
TPS Notice (CIS No. 2319-04) 
Extension of the Designation of 
Somalia                         08/06/04                    69 FR 47937
TPS Notice (CIS No. 2324-04) 
Termination and Redesignation of 
Liberia                         08/25/04                    69 FR 52297
TPS Notice (CIS 2325-04) 
Extension of the Designation of 
TPS for Burundi                 10/07/04                    69 FR 60165
TPS Notice (CIS 2322-04) 
Extension and Redesignation of 
TPS for Sudan                   10/07/04                    69 FR 60168
TPS Notice (CIS 2331-04) 
Extension of the Designation of 
TPS for Honduras; . . .         11/03/04                    69 FR 64084
TPS Notice (CIS 2332-04) 
Extension of the Designation of 
TPS for Nicaragua;. . .         11/03/04                    69 FR 64088
TPS Notice (CIS 2337-04) 
Extension of the Designation of 
TPS for El Salvador             01/07/05                     70 FR 1451


Next Action Undetermined

[[Page 26938]]

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: The Secretary may designate other countries for 
TPS.
CIS Nos. 1608, 1612, 1832-97, 1853-97 and 1877-97.
CIS No. 1608 issued as an interim final rule on 11/5/93 at 58 FR 58935
Transferred from RIN 1115-AE26

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754
Email: [email protected]

RIN: 1615-AA04
_______________________________________________________________________




1156. PETITIONS FOR ALIENS TO PERFORM TEMPORARY NONAGRICULTURAL SERVICES 
OR LABOR (H-2B)

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1182; 8 USC 1184; 8 USC 
1186a; 8 USC 1187; 8 USC 1221; 8 USC 1281; 8 USC 1282

CFR Citation: 8 CFR 214

Legal Deadline: None

Abstract: The Department of Homeland Security, after consulting with 
the Department of Labor and the Department of State, is proposing 
significant changes to its regulations that are designed to increase 
the effectiveness of the H-2B nonimmigrant classification. These 
proposals will increase the usefulness of the program for U.S. 
employers by eliminating certain regulatory barriers, by adding 
protections for foreign workers, and increasing Government efficiency 
and coordination.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/27/05                     70 FR 3983
NPRM Comment Period End         02/28/05
Comment Period Extended         03/09/05                    70 FR 11585
NPRM Comment Period End         04/08/05


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: CIS No. 2228-02
Transferred from RIN 1115-AG78

Agency Contact: Efren Hernandez, Chief, Business and Trade Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Office of Program and Regulations Development, (ULLICO) 3rd 
Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 353-8177

RIN: 1615-AA82
_______________________________________________________________________


Department of Homeland Security (DHS)                 Completed Actions


U.S. Citizenship and Immigration Services (USCIS)



_______________________________________________________________________




1157. ADDING ACTUARIES AND PLANT PATHOLOGISTS TO THE NORTH AMERICAN FREE 
TRADE AGREEMENT

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1182; 8 USC 1184; 8 USC 
1186a; 8 USC 1187; 8 USC 1221; 8 USC 1281; 8 USC 1282

CFR Citation: 8 CFR 214.6

Legal Deadline: None

Abstract: The rule proposes to amend 8 CFR 214.6 by adding the 
occupations of actuary and plant pathologists to appendix 1603.D.1. 
This rule proposes to modify the licensure requirements for Canadian 
citizens seeking admission to the United States as a TN nonimmigrant 
category alien. These amendments are being proposed to reflect the 
agreements made among the three parties to the North American Free 
Trade Agreement.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/19/00                    65 FR 79320
NPRM Comment Period End         02/20/01
Final Action                    10/13/04                    69 FR 60939
Final Action Effective          11/12/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2068-00
Transferred from RIN 1115-AF85

Agency Contact: Efren Hernandez, Chief, Business and Trade Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Office of Program and Regulations Development, (ULLICO) 3rd 
Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 353-8177

RIN: 1615-AA38
_______________________________________________________________________




1158. ADOPTION OF SIBLINGS; ADOPTED ALIEN CHILDREN LESS THAN 18 YEARS OF 
AGE CONSIDERED A ``CHILD''

Priority: Other Significant

Legal Authority: PL 106-139; 8 USC 1103; 8 CFR 2

CFR Citation: 8 CFR 204

Legal Deadline: None

Abstract: This proposed rule changes the definition of an adopted 
``child'' or ``orphan'' from 16 years old to 18 years old in cases 
where the alien has a younger sibling, under the age of 16, who is also 
the subject of an orphan petition held by the same U.S. citizen or 
lawful permanent resident. The change is necessary to conform the 
regulations to the statutory eligibility changes made by Public Law 
106-139. This change allows natural siblings, who might otherwise be 
separated, to be adopted together into the family of a citizen or 
lawful permanent resident of the United States.

[[Page 26939]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       02/23/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2110-01
Transferred from RIN 1115-AG04

Agency Contact: Pearl Chang, Chief, Residence and Status Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Room 3214, Office of Program and Regulations Development, 
(ULLICO) 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 514-4754
Email: [email protected]

RIN: 1615-AA50
_______________________________________________________________________




1159. IMPLEMENTATION OF THE AGREEMENT BETWEEN THE GOVERNMENT OF CANADA 
AND THE GOVERNMENT OF THE UNITED STATES REGARDING ASYLUM CLAIMS

Priority: Other Significant

Legal Authority: 8 USC 1103; 8 USC 1158; 8 USC 1226; 8 USC 1252; 8 USC 
1282

CFR Citation: 8 CFR 208

Legal Deadline: None

Abstract: The terms of a recently signed agreement between the United 
States and Canada bar certain categories of aliens arriving from Canada 
at land border ports-of-entry and in transit from Canada from formally 
applying for protection in the United States. The Department of 
Homeland Security proposes to amend the asylum regulations to establish 
the U.S. Citizenship and Immigration Services asylum officers' 
authority to make threshold determinations concerning the applicability 
of the agreement in the expedited removal context. DHS is proceeding 
with final rulemaking to implement this agreement by the end of 
calendar year 2004.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/08/04                    69 FR 10620
NPRM Comment Period End         03/07/04
Final Action                    11/29/04                    69 FR 69479
Final Action Effective          12/29/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2255-03
Transferred from RIN 1115-AG95

Agency Contact: Joanna Ruppel, Deputy Director, Asylum Division, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, 3rd Floor, 20 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 272-1625
Fax: 202 272-1687
Email: [email protected]

RIN: 1615-AA91
_______________________________________________________________________




1160. SUNSET OF ADDITIONAL $1,000 FILING FEE AND RETURN TO 65,000 ANNUAL 
LIMIT ON H-1B NONIMMIGRANT PETITION APPROVALS

Priority: Other Significant

Legal Authority: 5 USC 301; 5 USC 552; 5 USC 552a; 8 USC 1101 to 1103; 
8 USC 1182; 8 USC 1184; 8 USC 1186a; 8 USC 1187; 8 USC 1221; 8 USC 
1281; 8 USC 1282; 8 USC 1301 to 1305; 8 USC 1356; 8 USC 1372; PL 105-
277; PL 106-311; PL 106-313; . . .

CFR Citation: 8 CFR 103; 8 CFR 214

Legal Deadline: None

Abstract: The American Competitiveness and Workforce Improvement Act, 
Public Law 105-277, temporarily increased the number of temporary 
skilled personnel admitted to the United States under the H-1B program, 
and imposed an additional fee for petitioning employers. The increase 
in temporary workers and additional fee sunset on October 1, 2003. 
Accordingly, this final rule amends DHS regulations by removing 
references to the additional filing fee for certain H-1B nonimmigrant 
petitions. This final rule also removes language related to the annual 
H-1B numerical limit.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       02/23/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2286-03

Agency Contact: Efren Hernandez, Chief, Business and Trade Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Office of Program and Regulations Development, (ULLICO) 3rd 
Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 353-8177

RIN: 1615-AB10
_______________________________________________________________________




1161. [bull] PETITIONS FOR ALIENS TO PERFORM TEMPORARY NONAGRICULTURAL 
SERVICES OR LABOR (H-2B)

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1182; 8 USC 1184; . . .

CFR Citation: 8 CFR 214

Legal Deadline: None

Abstract: An H-2B alien is someone who comes temporarily to the United 
States to perform temporary nonagricultural labor or services. The 
Department of Homeland Security (DHS), after consulting with the 
Department of Labor (DOL) and the Department of State (DOS), is 
proposing significant changes to its regulations that are designed to 
increase the effectiveness of the H-2B nonimmigrant classification. 
This proposed rule will facilitate use of the H-2B program by U.S. 
employers who are unable to find U.S. workers to perform the temporary 
labor or services for which the H-2B nonimmigrant is sought. Through 
this proposed rule, DHS has created a one-step application process 
whereby certain U.S. employers seeking H-2B temporary workers now will 
only be required to file one application: Form I-129, Petition for 
Nonimmigrant Worker, which will include a modified H supplement 
containing certain labor attestations. With limited exceptions, U.S. 
employers will no longer need to file for or receive a labor 
certification from the Department of Labor. In addition, DHS is 
reducing significantly the paper-based application process by now 
requiring that most Form I-129 petitions (including the H supplement) 
be submitted to U.S. Citizenship and Immigration Services (CIS) 
electronically, through e-filing. DHS

[[Page 26940]]

anticipates that this one-step process and the e-filing will enhance 
the effectiveness of the H-2B program, reduce costs and delays 
associated with separate CIS petition adjudication and DOL labor 
certification processes, and will match a U.S. employer with a 
qualified H-2B worker in a more timely fashion. Finally, this proposed 
rule makes changes that will maintain the integrity of the program 
through enforcement mechanisms while retaining the current definition 
of the word ``temporary'' in 8 CFR 214.2(h)(6)(ii) in order to ensure 
continued availability of the program to its traditional users. These 
proposals will increase the efficiency of the program by eliminating 
certain regulatory barriers, and improve Government coordination.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/27/05                     70 FR 3983
Withdrawn                       03/15/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: DHS 2004-0033

Agency Contact: Efren Hernandez, Chief, Business and Trade Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Office of Program and Regulations Development, (ULLICO) 3rd 
Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 353-8177

Related RIN: Previously reported as 1615-AA82
RIN: 1615-AB30
_______________________________________________________________________


Department of Homeland Security (DHS)               Proposed Rule Stage


U.S. Coast Guard (USCG)



_______________________________________________________________________




1162. CLAIMS PROCEDURES UNDER THE OIL POLLUTION ACT OF 1990 (USCG-2004-
17697)

Priority: Substantive, Nonsignificant

Legal Authority: 33 USC 2713; 33 USC 2714

CFR Citation: 33 CFR 136

Legal Deadline: None

Abstract: This rulemaking implements section 1013 (Claims Procedures) 
and section 1014 (Designation of Source and Advertisement) of the Oil 
Pollution Act of 1990. An interim rule was published in 1992 and 
provides the basic requirements for the filing of claims for 
uncompensated removal costs or damages resulting from the discharge of 
oil, for the designation of the sources of the discharge, and for the 
advertisement of where claims are to be filed. The interim rule also 
includes the processing of natural resource damage (NRD) claims. The 
NRD claims, however, were not processed until September 25, 1997, when 
the Department of Justice issued an opinion that the Oil Spill 
Liability Trust Fund (OSLTF) is available without further appropriation 
to pay trustee NRD claims under the general claims provisions of the 
Oil Pollution Act (OPA) of 1990, 33 U.S.C. 2712(a)(4). Release of this 
more comprehensive notice of proposed rulemaking has been delayed while 
the Coast Guard gained experience on NRD claims, as well as other OPA 
damages. This rulemaking supports the Coast Guard's strategic goal of 
protection of natural resources.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Rule                    08/12/92                    57 FR 36314
Correction                      09/09/92                    57 FR 41104
Interim Rule Comment Period End 12/10/92
NPRM                            10/00/05

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: Federal, Local, State, Tribal

Additional Information: Transferred from RIN 2115-AD90

Agency Contact: Carolyn R. Boltin, Project Manager, National Pollution 
Fund Center, Department of Homeland Security, U.S. Coast Guard, 4200 
Wilson Boulevard, Arlington, VA 22203
Phone: 202 493-6864

RIN: 1625-AA03
_______________________________________________________________________




1163. WEARING OF PERSONAL FLOTATION DEVICES BY PERSONS OPERATING OR 
RIDING ON PERSONAL WATERCRAFT OR BEING TOWED BEHIND RECREATIONAL VESSELS 
(USCG-2002-11421)

Priority: Other Significant

Legal Authority: 46 USC 4302

CFR Citation: 33 CFR 175

Legal Deadline: None

Abstract: This rule would require every person to wear a personal 
flotation device (PFD)--also called a lifejacket--while operating or 
riding on personal watercraft (PWC) or being towed behind a 
recreational vessel. On waters subject to the jurisdiction of the 
United States within any State or territory, the rule would not preempt 
any requirement established for such persons as specified by the State. 
The rule would set a Federal requirement on waters subject to the 
jurisdiction of the United States within any State or territory. The 
new requirement would reduce the number of persons who drown while 
participating in these activities. This project supports the Coast 
Guard's strategic goal of maritime safety.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/00/05
NPRM Comment Period End         09/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: Transferred from RIN 2115-AG32

URL For More Information:
dms.dot.gov

URL For Public Comments:
dms.dot.gov

Agency Contact: Carlton Perry, Project Manager, G-OPB-1, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-0979

RIN: 1625-AA40

[[Page 26941]]

_______________________________________________________________________




1164. TRAFFIC SEPARATION SCHEMES: IN THE STRAIT OF JUAN DE FUCA AND ITS 
APPROACHES; IN PUGET SOUND AND ITS APPROACHES; IN HARO STRAIT, BOUNDARY 
PASS, AND IN THE STRAIT OF GEORGIA (USCG-2002-12702)

Priority: Substantive, Nonsignificant

Legal Authority: 33 USC 1223

CFR Citation: 33 CFR 167

Legal Deadline: None

Abstract: This rulemaking will propose amendments to the existing 
traffic separation schemes (TSS): in the Strait of Juan de Fuca and its 
approaches; in Puget Sound and its approaches; in Haro Strait, Boundary 
Pass, and in the Strait of Georgia. These amendments are approved by 
the International Maritime Organization and have been validated by 
several recent vessel routing studies. With the amendments in place, 
commercial vessels would be routed farther offshore when entering or 
departing the TSS, providing an extra margin of safety and 
environmental protection in the Olympic Coast National Marine Sanctuary 
and adjacent waters. This rulemaking will incorporate the modified TSS 
into the Code of Federal Regulations. This project supports the Coast 
Guard's strategic goals of safety and protecting the marine 
environment.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/27/02                    67 FR 54981
NPRM Comment Period End         10/28/02
Supplemental NPRM               09/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: Tribal

Additional Information: Based on comments received in response to the 
notice of proposed rulemaking (NPRM), the agency has decided to develop 
and publish a supplemental NPRM.
Transferred from RIN 2115-AG45

URL For More Information:
dms.dot.gov

URL For Public Comments:
dms.dot.gov

Agency Contact: George Detweiler, Project Manager G-MWV, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-0574

RIN: 1625-AA48
_______________________________________________________________________




1165. VESSEL TRAFFIC SERVICE LOWER MISSISSIPPI RIVER (USCG-1998-4399)

Priority: Substantive, Nonsignificant

Legal Authority: 33 USC 1223(a)

CFR Citation: 33 CFR 26; 33 CFR 161; 33 CFR 165

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/26/00                    65 FR 24616
NPRM Comment Period End         07/25/00
NPRM Comment Period Reopened    08/18/00                    65 FR 50479
NPRM Comment Period End         12/01/00
Second NPRM                     09/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: This project was originally entitled ``Vessel 
Traffic Service Lower Mississippi/Automatic Identification System 
Carriage Requirement.'' The VTS LMR will retain RIN 1625-AA58. The AIS 
carriage requirement was developed in a separate rulemaking (see USCG-
2003-14757, RIN 1625-AA67).
Transferred from RIN 2115-AF75

URL For More Information:
dms.dot.gov

URL For Public Comments:
dms.dot.gov

Agency Contact: Jorge Arroyo, Project Manager, G-MWV, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-6277

RIN: 1625-AA58
_______________________________________________________________________




1166. ESCORT VESSELS FOR CERTAIN TANKERS--CRASH STOP CRITERIA (USCG-
2003-14734)

Priority: Substantive, Nonsignificant

Legal Authority: PL 101-380, sec 4116(c) (codified as 46 USC 3703 note)

CFR Citation: 33 CFR 168

Legal Deadline: None

Abstract: This rulemaking would remove the suspension of 33 CFR 
168.50(b)(2) made in 1994 by related rulemaking RIN 1625-AA05, and 
would finalize that provision's status either by allowing it to take 
effect, by amending it, or by removing it. This project would support 
the Coast Guard's strategic goals of maritime safety and maritime 
mobility.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/28/05                    70 FR 15609
NPRM Comment Period End         06/27/05
Final Rule                      10/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Additional Information: This project is related to RIN 1625-AA05 
(Escort Vessels for Certain Tankers, CGD91-202). RIN 1625-AA05 
promulgated 33 CFR part 168, but suspended one provision, 33 CFR 
168.50(b)(2), before it ever took effect. Suspension is not a final 
action. Final action in RIN 1625-AA05 took place before the Coast 
Guard's participation in the Department of Transportation's Docket 
Management System (DMS). DMS is an electronic docketing system that 
provides the public with computerized access to Coast Guard rulemaking 
documents, but it does not support older Coast Guard docket numbers 
like CGD91-202 (the Coast Guard docket number

[[Page 26942]]

equivalent for RIN 1625-AA05). Consequently, the rulemaking docket for 
RIN 1625-AA05 is available only in paper form and must be viewed at 
Coast Guard Headquarters (contact the Office of Regulations and 
Administrative Law, G-LRA, at 202-267-1534). In order to finalize RIN 
1625-AA05 in a way that is accessible to the public through DMS, the 
Coast Guard decided to open this rulemaking, RIN 1625-AA65, under a 
DMS-compatible Coast Guard docket number, USCG-2003-14734. All 
publications under RIN 1625-AA65 will appear electronically in the DMS 
docket. In addition, for ease of reference, we will scan relevant paper 
documents from RIN 1625-AA05 into the electronic DMS docket for RIN 
1625-AA65, as supplemental materials.

Agency Contact: LT Sam Stevens, Project Manager, G-MSE-1, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 2100 
Second Street SW., Washington, DC 20593
Phone: 202 267-0173

Related RIN: Related to 1625-AA05, Related to 1625-AA10
RIN: 1625-AA65
_______________________________________________________________________




1167. ADMINISTRATIVE CHANGES TO NUMBERING OF VESSELS AND REPORTING OF 
CASUALTIES (USCG-2003-14963)

Priority: Substantive, Nonsignificant

Legal Authority: 31 USC 9701; 46 USC 2110; 46 USC 4302; 46 USC 4310; 46 
USC 6101; 46 USC 6102; 46 USC 12301; 46 USC 12302; 46 USC 12502; PL 
100-710; DHS Security Delegation No. 0170.1

CFR Citation: 33 CFR 173; 33 CFR 174; 33 CFR 181

Legal Deadline: None

Abstract: This rulemaking would amend the Coast Guard's rules on 
States' numbering of undocumented vessels and on the reporting of 
accidents. It would harmonize terminology governing the Standard 
Numbering System, the Vessel Identification System, and the Casualty or 
Accident Report to help us collect better data, process them more 
efficiently, and use them more effectively to prevent boating 
accidents. This project supports the Coast Guard's strategic goals of 
maritime safety and maritime security.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Jeanne Timmons, Project Manager, G-OPB-1, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-0857

RIN: 1625-AA70
_______________________________________________________________________




1168. COMMERCIAL FISHING INDUSTRY VESSELS (USCG-2003-16158)

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 46 USC 4502(a) to 4502(d)

CFR Citation: 46 CFR 28

Legal Deadline: None

Abstract: This rulemaking would add new and clarify existing rules for 
commercial fishing vessels in 46 CFR part 28. It would also establish 
rules on stability and watertight integrity for fishing vessels under 
79 feet in length and institute regulations for the carriage of 
immersion suits in seasonally cold waters. To improve crew preparedness 
in case of an emergency, this project would also add requirements such 
as mandatory logging of already required drills, providing evidence of 
training, and ensuring that personnel required to be trained are 
current in their training. The project would amend 46 CFR part 28 to 
clarify and improve the consistency of the regulatory language so to 
aid in vessels compliance with the existing rules. This rulemaking 
supports the Coast Guard's strategic goals of maritime safety and 
protection of natural resources.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/05

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Federal, Tribal

Agency Contact: LT Kenneth Vazquez, Project Manager, G-MOC-3, 
Department of Homeland Security, U.S. Coast Guard, 2100 Second Street 
SW., Washington, DC 20593
Phone: 202 267-0478

RIN: 1625-AA77
_______________________________________________________________________




1169. POLLUTION PREVENTION EQUIPMENT (USCG-2004-18939)

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 33 USC 1903; 46 USC 3703; DHS Delegation No. 0170.1

CFR Citation: 33 CFR 151; 33 CFR 155; 33 CFR 157; 46 CFR 162

Legal Deadline: None

Abstract: This rulemaking would revise the Coast Guard's pollution 
prevention equipment (PPE) regulations to reflect and implement 
International Convention for the Prevention of Pollution from Ships 
(MARPOL) Annex I, Regulations for the Prevention of Pollution 
guidelines and specifications that Member States are invited to make 
applicable on or after January 1, 2005. The new standards will require 
equipment designed to reduce the amount of oil discharged from ships 
and eliminate the need for ozone-depleting solvents to test this 
equipment for approval. Additionally, this rulemaking proposes the 
removal of the bilge monitor standard to better align the 46 CFR 
subpart 162.050 regulations with the IMO PPE guidelines. This project 
supports the Coast Guard's strategic goals of maritime safety and 
protection of natural resources.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: State

Agency Contact: LT George Grills, Project Manager (G-MSE-3), Department 
of Homeland Security, U.S. Coast Guard, 2100 Second Street SW, 
Washington, DC 29593-0001
Phone: 202 267-6640
Email: [email protected]

RIN: 1625-AA90

[[Page 26943]]

_______________________________________________________________________




1170. [bull] NAVIGATION EQUIPMENT; SOLAS CHAPTER V AMENDMENTS (USCG-
2004-19588)

Priority: Routine and Frequent. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 33 USC 1223(a)(3); 46 USC 3306(a)(1); 46 USC 3703

CFR Citation: 33 CFR 164; 46 CFR 165; 46 CFR 159

Legal Deadline: None

Abstract: This rulemaking project would add new, and clarify existing 
navigation safety equipment regulations in 33 CFR part 164. This 
project would also create a new 46 CFR part 165, and a new subpart: 46 
CFR part 159, subpart 159.008. These new title 46 regulations would 
provide for specific type-approval procedures and quality assurance 
processes, respectively, to require uniform function and capability of 
equipment across a myriad of manufacturers. These changes would 
reconcile existing domestic safety navigation regulations with SOLAS 
Chapter V navigation safety regulations amended in 2000. By making 
these revisions to 33 CFR and 46 CFR, we would fulfill the United 
States' obligations as an International Maritime Organization 
Contracting Government to implement SOLAS Chapter V as amended for U.S. 
flag vessels and other vessels operating on navigable waters of the 
United States to which these SOLAS amendments apply. This project 
supports the Coast Guard's strategic goals of maritime safety and 
mobility.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Governmental Jurisdictions

Government Levels Affected: State

Agency Contact: LCDR James Rocco, Project Manager, G-MWV-2, Department 
of Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593
Phone: 202 267-0550

RIN: 1625-AA91
_______________________________________________________________________




1171. [bull] ALTERNATE COMPLIANCE PROGRAM: VESSEL INSPECTION 
ALTERNATIVES

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 33 USC 1903; 43 USC 1333; 46 USC 3703; . . .

CFR Citation: 46 CFR 2; 46 CFR 8; 46 CFR 115; 46 CFR 176; 46 CFR 189

Legal Deadline: None

Abstract: This rulemaking will conform the Coast Guard's Small 
Passenger Vessel carrying more than 150 passengers, Small Passenger 
Vessel under 100 Gross Tons, and Oceanographic Research Vessel 
regulations contained in 46 CFR Parts 115, 176, and 189 (Subchapters K, 
T, and U) with the Alternate Compliance Program (ACP) applicability 
guidelines set forth in 46 CFR 8.410. This action will expand the ACP 
to include all small passenger vessels on International Voyages, and 
oceanographic research vessels. This project will also expand the 
number of certificates an authorized classification society may issue 
under ACP to include the SOLAS Passenger Ship Safety Certificate and 
the IMO High-Speed Craft Safety Certificate as well as update the 
``Incorporation by reference'' list in 46 CFR 8.110 to reflect the 
numerous class society rules and supplements that have been approved 
since 1998. This rulemaking is intended to expand the benefits 
available under the ACP. This project supports the Coast Guard's 
strategic goals of facilitating maritime safety and mobility.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: LT William Nabach, Department of Homeland Security, 
U.S. Coast Guard, 2100 2nd Street SW., Washington, DC 20593
Phone: 202 267-4004

RIN: 1625-AA92
_______________________________________________________________________




1172. [bull] VESSEL DOCUMENTATION: LEASE FINANCING FOR VESSELS ENGAGED 
IN THE COASTWISE TRADE

Priority: Substantive, Nonsignificant

Legal Authority: 46 USC 12106

CFR Citation: 46 CFR 67; 46 CFR 68

Legal Deadline: Final, Statutory, August 9, 2005.

Abstract: The Coast Guard proposes to amend its regulations on the 
documentation of foreign-owned, U.S.- built vessels that are lease 
financed by demise charter to a U.S. citizen for use in the coastwise 
trade. These proposals address amendments under the Coast Guard and 
Maritime Transportation Act of 2004.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Thomas Willis, Project Manager, NVDC, Department of 
Homeland Security, U.S. Coast Guard, 792 TJ Jackson Drive, Falling 
Waters, WV 25419
Phone: 304 271-2506

RIN: 1625-AA95
_______________________________________________________________________




1173. [bull] WAIVER FOR MARKING SUNKEN VESSELS WITH LIGHT AT NIGHT 
(USCG-2005-20488)

Priority: Substantive, Nonsignificant

Legal Authority: 33 USC 409

CFR Citation: 33 CFR 64

Legal Deadline: None

Abstract: The proposed rulemaking would implement new legislation that 
allows the Coast Guard the option to waive the requirement for an owner 
of a vessel wrecked and sunk in a navigable channel to mark it with a 
light at night. The proposed rulemaking would meet the Commandant's 
objectives of maritime safety, maritime mobility, and protection of 
natural resources.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/05

Regulatory Flexibility Analysis Required: No

[[Page 26944]]

Small Entities Affected: No

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Daniel Andrusiak, Project Manager, G-OPN-2, Department 
of Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-0327

RIN: 1625-AA97
_______________________________________________________________________


Department of Homeland Security (DHS)                  Final Rule Stage


U.S. Coast Guard (USCG)



_______________________________________________________________________




1174. REPORTING MARINE CASUALTIES (USCG-2000-6927)

Priority: Other Significant

Legal Authority: 46 USC 6101; 33 USC 1901 et seq

CFR Citation: 33 CFR 151; 46 CFR 4

Legal Deadline: None

Abstract: This action would add to the definition of a reportable 
marine casualty, ``significant harm to the environment.'' Some casualty 
reporting requirements are extended to include foreign tank vessels 
operating in U.S. waters, including the Exclusive Economic Zone. This 
project supports the Coast Guard's Marine Safety and Environmental 
Protection program's goal to reduce the consequence of pollution 
incidents and further supports the Coast Guard's strategic goal of 
protection of natural resources.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            12/20/94                    59 FR 65522
Comment Period End              02/20/95
NPRM                            11/02/00                    65 FR 65808
Supplemental NPRM               07/12/01                    66 FR 36530
Supplemental NPRM Comment Period 
End                             09/10/01
Final Rule                      09/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: Transferred from RIN 2115-AD98

URL For More Information:
dms.dot.gov

URL For Public Comments:
dms.dot.gov

Agency Contact: LCDR Kelly Post, Project Manager, G-MOA-1, Department 
of Homeland Security, U.S. Coast Guard, 2100 Second Street SW, 
Washington , DC 20593
Phone: 202 267-1418

RIN: 1625-AA04
_______________________________________________________________________




1175. LIMITED SERVICE DOMESTIC VOYAGE LOAD LINES FOR RIVER BARGES ON 
LAKE MICHIGAN (USCG-1998-4623)

Priority: Substantive, Nonsignificant

Legal Authority: 46 USC 51

CFR Citation: 46 CFR 45

Legal Deadline: None

Abstract: This regulatory project will allow certain unmanned dry cargo 
river barges operating on Lake Michigan to be exempted from the normal 
Great Lakes load line requirements. Instead, they may qualify for a 
conditional load line exemption, or for a limited service domestic 
voyage load line (depending on which Lake Michigan route). This 
rulemaking pertains to two specific routes: Chicago to Milwaukee, and 
Chicago to Muskegon. This will allow certain non-hazardous cargoes 
originating at inland river ports to be transported as far as Milwaukee 
and Muskegon by river barge, thereby benefiting from the relatively low 
cost per ton-mile of river barge transportation. Compliance is not 
mandatory other than for those river barge operators who voluntarily 
seek to expand their operations onto these routes. This rulemaking 
supports the Coast Guard's strategic goals of maritime safety and 
maritime mobility.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/02/98                    63 FR 58679
NPRM Comment Period Extended    12/28/98                    63 FR 71411
Comment Period End              01/04/99
NPRM Comment Period End         03/04/99
Interim Final Rule              04/23/02                    67 FR 19685
Interim Final Rule Effective    05/23/02
Collection of Information 
Sections Effective              06/20/02
Interim Final Rule--Announcement 
of Effective Date of COI 
Sections                        06/20/02                    67 FR 41847
Interim Final Rule Comment 
Period End                      10/23/02
Final Rule                      09/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses, Organizations

Government Levels Affected: None

Additional Information: Old Docket Number CGD 95-015.
Transferred from RIN 2115-AF38

URL For More Information:
dms.dot.gov

URL For Public Comments:
dms.dot.gov

Agency Contact: Thomas Jordan, Project Manager, G-MSE-2, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-2988

RIN: 1625-AA17
_______________________________________________________________________




1176. OUTER CONTINENTAL SHELF ACTIVITIES (USCG-1998-3868)

Priority: Substantive, Nonsignificant

Legal Authority: 43 USC 1333(d)(1); 43 USC 1348(c); 43 USC 1356

CFR Citation: 33 CFR 140 to 147

Legal Deadline: None

Abstract: This project would revise the regulations on Outer 
Continental Shelf (OCS) activities to: 1) add new requirements for 
fixed OCS facilities for lifesaving, fire protection, training, 
hazardous materials used as stores, and accommodation spaces; 2) 
require foreign vessels engaged in OCS activities to comply with 
requirements similar to those imposed on U.S. vessels similarly 
engaged; and 3) allow all mobile inland drilling units to operate on 
the OCS out to a defined boundary line if they meet requirements for 
lifesaving, firefighting, and operations similar to those for

[[Page 26945]]

fixed OCS facilities. This project would affect the owners and 
operators of facilities and vessels engaged in offshore activities 
associated with the exploration for, development of, or production of 
the resources of the OCS. The preliminary estimate of costs imposed by 
these amendments varies according to the unit. The Coast Guard is 
consulting with the Minerals Management Service, part of the Department 
of the Interior. It supports the Coast Guard's strategic goal of marine 
safety and environmental protection.

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
Final Rule                      12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: The notice of request for comments published 
June 27, 1995, was assigned Coast Guard docket number 95-016. Following 
the request for comments, that docket was terminated. This project 
continues under Docket No. USCG-1998-3868 and RIN 1625-AA18.
Transferred from RIN 2115-AF39

URL For More Information:
dms.dot.gov

URL For Public Comments:
dms.dot.gov

Agency Contact: James Magill, Project Manager, G-MSO-2, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-1082

RIN: 1625-AA18
_______________________________________________________________________




1177. ANCHORAGE GROUND; SAFETY ZONE; SPEED LIMIT; TONGASS NARROWS AND 
KETCHIKAN, ALASKA (CGD17-99-002)

Priority: Substantive, Nonsignificant

Legal Authority: 33 USC 471; 33 USC 1231; 33 USC 2071

CFR Citation: 33 CFR 162; 33 CFR 165; 33 CFR 110

Legal Deadline: None

Abstract: This rulemaking would grant an exemption from the present 7-
knot speed limit in Tongass Narrows, Alaska, for float plane take-off 
and landing and vessels 23 feet in length or less. The geographic area 
for the speed limit would be expanded. A safety zone used for cruise 
ship anchorages would be redesignated as an anchorage area to reflect 
actual usage of the area and transiting vessels would be required to 
move quickly and directly through the anchorage, without rapid course 
changes, to increase safety. This project supports the Coast Guard's 
strategic goal of marine safety.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/25/99                    64 FR 14414
NPRM Comment Period End         05/10/99
Interim Final Rule              06/02/99                    64 FR 29554
Interim Final Rule Comment 
Period End                      11/30/99
Interim Final Rule              04/07/00                    65 FR 18242
Interim Final Rule Comment 
Period End                      10/31/00
Notice to Reopen Comment Period 10/21/03                    68 FR 60034
Comment Period End              12/22/03
Final Rule                      09/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Transferred from RIN 2115-AF81

Agency Contact: LT Gary Koehler, MSO, Juneau, Alaska, Department of 
Homeland Security, U.S. Coast Guard, 2760 Sherwood Lane, Suite 2A, 
Juneau, AK 99801
Phone: 907 463-2470

RIN: 1625-AA23
_______________________________________________________________________




1178. POST CASUALTY DRUG AND ALCOHOL TESTING (USCG-2001-8773)

Priority: Other Significant

Legal Authority: PL 105-383, sec 304

CFR Citation: 46 CFR 4

Legal Deadline: None

Abstract: This project will revise the requirements for chemical 
testing following a serious marine incident. The revision will 
establish procedures to ensure that alcohol testing be conducted within 
two hours of a serious marine incident, as required by the Coast Guard 
Authorization Act of 1998. The rule will also make additional minor 
procedural changes to the part. This rule supports the Coast Guard 
strategic goal of maritime safety.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/28/03                     68 FR 9622
NPRM Comment Period End         06/30/03
Notice of Public Meeting; 
Reopening of Comment Period     08/25/03                    68 FR 50992
NPRM; Reopening of Comment 
Period                          10/21/03                    68 FR 60073
Comment Period End              11/20/03
Final Rule                      10/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses, Governmental Jurisdictions

Government Levels Affected: Local, State

Additional Information: Transferred from RIN 2115-AG07

URL For More Information:
dms.dot.gov

URL For Public Comments:
dms.dot.gov

Agency Contact: Robert C. Schoening, Project Manager, G-MOA-1, 
Department of Homeland Security, U.S. Coast Guard, 2100 Second Street 
SW., Room 2406, 2100 Second Street SW., Washington, DC 20593-0001
Phone: 202 267-0684
Email: [email protected]

RIN: 1625-AA27

[[Page 26946]]

_______________________________________________________________________




1179. ELECTRONIC CHART DISPLAY AND INFORMATION SYSTEM (ECDIS) (USCG-
2001-8826)

Priority: Substantive, Nonsignificant

Legal Authority: 33 USC 1223; 33 USC 1231; 46 USC 2103; 46 USC 3703; 46 
USC 6101; 46 USC 8502

CFR Citation: 33 CFR 164

Legal Deadline: None

Abstract: This rule would allow commercial vessels the option of using 
an IMO-approved Electronic Charting Display and Information System 
(ECDIS) as a primary means of navigation in U.S. waters instead of 
paper charts. Compliance with this rule would be optional; any vessel 
choosing not to use such an ECDIS must continue to navigate using 
corrected and updated printed charts and publications. This rule 
supports the Coast Guard's strategic goal of maritime safety.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           05/02/01                    66 FR 21899
ANPRM Comment Period End        07/02/01
Notice of Withdrawal            09/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: This rulemaking has been merged with 1625-AA91, 
Navigation Equipment; SOLAS Chapter V Amendments.
Transferred from RIN 2115-AG09

URL For More Information:
dms.dot.gov

URL For Public Comments:
dms.dot.gov

Agency Contact: LCDR James Rocco, Project Manager, G-MWV-2, Department 
of Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593
Phone: 202 267-0550

RIN: 1625-AA29
_______________________________________________________________________




1180. DRAWBRIDGE OPERATIONS REGULATIONS; REVISIONS (USCG-2001-10881)

Priority: Substantive, Nonsignificant

Legal Authority: 33 USC 499

CFR Citation: 33 CFR 117

Legal Deadline: None

Abstract: The Coast Guard is proposing changes to its drawbridge 
regulations that provide guidance for general requirements relating to 
the use and operation of drawbridges. This project will create a new 
deviation for short-term closures, provide Coast Guard Eighth District 
Bridges Administration St. Louis, MO, with a general bridge closure 
requirement during the winter season when navigation is reduced, and 
eliminate any unnecessary distinction between commercial and 
recreational vessels in subpart B. It will also make changes throughout 
part 117 to remove redundancies, make amendments and technical 
corrections, and remove special bridge regulations that are no longer 
functional. Corrections and clarification of these requirements will 
help to streamline the drawbridge regulatory process and should shorten 
and simplify part 117 for the reader. This rulemaking supports the 
Coast Guard's strategic goal of maritime mobility.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/17/03                    68 FR 18922
NPRM Comment Period End         06/02/03
Final Rule                      09/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Additional Information: Transferred from RIN 2115-AG27

URL For More Information:
dms.dot.gov

URL For Public Comments:
dms.dot.gov

Agency Contact: J. Christopher Jaufmann, Project Manager (G-OPT-1), 
Department of Homeland Security, U.S. Coast Guard, U.S. Coast Guard 
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001
Phone: 202 267-0377

RIN: 1625-AA36
_______________________________________________________________________




1181. RATES FOR PILOTAGE ON THE GREAT LAKES (USCG-2002-11288)

Priority: Other Significant

Legal Authority: 46 USC 9303(f)

CFR Citation: 46 CFR 401

Legal Deadline: None

Abstract: The Coast Guard conducts an annual review of the Great Lakes 
Pilotage based on the ``Ratemaking Analyses and Methodology'' published 
in the Federal Register on May 9, 1996. Depending on the results of 
this review, the Coast Guard can make rate adjustments in accordance 
with 46 CFR part 404, appendix A, step 7. Or, if the director 
determines that pilotage rates are within a reasonable range of their 
target, make no adjustments. This rulemaking may take place annually. 
It supports the Coast Guard's strategic goal of maritime mobility.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/23/03                     68 FR 3202
NPRM Comment Period Extended    02/14/03                     68 FR 7489
NPRM Comment Period Extended    04/01/03                    68 FR 15697
NPRM Correction                 04/01/03
Public Meeting (04/14)          04/01/03
NPRM Comment Period End         05/01/03
Interim Rule                    12/12/03                    68 FR 69564
Interim Rule Comment Period End 02/10/04
Interim Rule                    03/10/05                    70 FR 12082
Interim Rule Correction         03/21/05                    70 FR 13574
Interim Rule Correction         03/29/05                    70 FR 15779
Interim Final Rule Effective    04/11/05
Interim Final Rule Comment 
Period End                      06/08/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Additional Information: Transferred from RIN 2115-AG30

URL For More Information:
dms.dot.gov

URL For Public Comments:
dms.dot.gov

Agency Contact: Paul Wasserman, Project Manager, G-MW-1, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593
Phone: 202 267-2856

RIN: 1625-AA38

[[Page 26947]]

_______________________________________________________________________




1182. REVIEW AND UPDATE OF STANDARDS FOR MARINE EQUIPMENT (USCG-2003-
16630)

Priority: Substantive, Nonsignificant

Legal Authority: 46 USC 3306; 46 USC 4102; 46 USC 4302

CFR Citation: 46 CFR 32; 46 CFR 50; 46 CFR 52; 46 CFR 54; 46 CFR 56; 46 
CFR 58; 46 CFR 62; 46 CFR 63; 46 CFR 110 to 113; 46 CFR 182

Legal Deadline: None

Abstract: This project would incorporate national and international 
standards for certain marine equipment and marine electrical equipment 
into title 46 of the Code of Federal Regulations (CFR). These standards 
would replace long-outdated ones, or update standards that were 
superseded fairly recently. The Coast Guard has actively participated 
in the development of national and international standards of safety 
for marine equipment through the International Maritime Organization, 
the International Organization for Standardization, and the American 
Society for Testing and Materials, as well as through other standards-
setting bodies under the American National Standards Institute. We 
would incorporate these standards into the appropriate parts of title 
46.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/30/04                    69 FR 39742
NPRM Comment Period End         09/28/04
Final Rule                      09/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Thane Gilman, Project Manager, G-MSE, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593
Phone: 202 267-6048
Email: [email protected]

RIN: 1625-AA83
_______________________________________________________________________




1183. VALIDATION OF MERCHANT MARINERS' VITAL INFORMATION AND ISSUANCE OF 
COAST GUARD MERCHANT MARINER'S LICENSES AND CERTIFICATES OF REGISTRY 
(USCG-2004-17455)

Priority: Substantive, Nonsignificant

Legal Authority: 46 USC 2103; DHS Delegation No. 0170.1, para (92)

CFR Citation: 46 CFR 10

Legal Deadline: None

Abstract: This rule would impose certain security-related requirements 
in order to obtain a license or certificate of registry. Applicants 
would be required to appear in person at least once during the 
application process, to provide two acceptable forms of identification, 
and be fingerprinted by Coast Guard personnel.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Rule                    09/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Gerald P. Miante, Project Manager, G-MSO-1, Department 
of Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-0221

RIN: 1625-AA85
_______________________________________________________________________




1184. [bull] NOTIFICATION OF ARRIVAL IN U.S. PORTS; CERTAIN DANGEROUS 
CARGOES; ELECTRONIC SUBMISSION (USCG-2004-19963)

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 33 USC 1226; 46 USC ch 701; 50 USC 191; 33 CFR 1.05-1; 
33 CFR 6.04-11; 33 CFR 6.14; 33 CFR 6.16; 33 CFR 6.19; DHS Delegation 
No. 0170.1; 33 USC 1223

CFR Citation: 33 CFR 160; 33 CFR 104; 33 CFR 105

Legal Deadline: None

Abstract: This rulemaking project would permanently revise the Notice 
of Arrival (NOA) regulation, 33 CFR part 160, subpart C, by: 1) adding 
to the list of certain dangerous cargo (CDC) ammonium nitrate and 
certain ammonium nitrate based fertilizers, in bulk, as well as 
propylene oxide, alone or mixed with ethylene oxide, in bulk; and 2) 
adding two options for vessels to submit NOAs electronically. In 
addition, the proposed rule would clarify that foreign, but not U.S., 
recreational vessels must submit NOAs. The rulemaking would also 
permanently revise 33 CFR parts 104 and 105 as necessary. This project 
supports the Coast Guard's strategic goals of maritime safety, maritime 
security, and protection of natural resources.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Rule                    12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: LTJG James Stern, Project Manager, G-MPP, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593
Phone: 202 267-0069

Related RIN: Related to 1625-AA41, Related to 1625-AA96
RIN: 1625-AA93
_______________________________________________________________________




1185. [bull] TANK LEVEL OR PRESSURE MONITORING DEVICES ON SINGLE-HULL 
TANK SHIPS AND SINGLE-HULL TANK BARGES CARRYING OIL OR OIL RESIDUE AS 
CARGO

Priority: Other Significant

Legal Authority: 33 USC 1231 ; 33 USC 1321; 33 USC 1321(J); EO 11735; 3 
CFR, 1971-1075 Comp., p. 793; . . .

CFR Citation: 33 CFR 155; 33 CFR 156

Legal Deadline: None

Abstract: The Coast Guard is suspending the regulations in title 33 
Code of Federal Regulations parts 155 and 156 for tank level or 
pressure monitoring (TLPM) devices published in the Federal Register of 
September 17, 2002 (67 FR 58515). Furthermore, we are seeking public 
comments on the status of TLPM technology development and the other 
means of detecting leaks from oil cargo tanks into the water. This 
rulemaking supports the Coast Guard's strategic goal of facilitating 
maritime transportation.

[[Page 26948]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule                      07/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Additional Information: Additional legal authority information: 
Sections 155.100 through 155.130, 150.350 through 155.400, 155.430, 
155.440, 155.470, 155.1030(j) and (k); and 155.1065(g) are also issued 
under 33 U.S.C. 1903(b). Sections 155.480, 155.490, 155.750(e), and 
155.775 are also issued under 46 U.S.C. 3703. 33 CFR 155.490 is also 
issued under the authority of 46 U.S.C. 4110(b).

Agency Contact: LCDR Roger K. Butturini, Project Manager, G-MSR-2, 
Department of Homeland Security, U.S. Coast Guard, 2100 Second Street 
SW., Washington, DC 20593
Phone: 202 267-2857

RIN: 1625-AA94
_______________________________________________________________________


Department of Homeland Security (DHS)                 Long-Term Actions


U.S. Coast Guard (USCG)



_______________________________________________________________________




1186. SAFETY ZONE REGULATIONS

Priority: Routine and Frequent

Legal Authority: 33 USC 1225; 33 USC 1231; 33 USC 1233

CFR Citation: 33 CFR 165

Legal Deadline: None

Abstract: The Coast Guard uses these routine and frequent regulations 
to establish control of access to areas to ensure the safety of events, 
vessels, or individuals. Many of these zones are of short duration, 
ranging from a few hours to a few days, and all are geographically 
limited in area. Safety zones, defined in 33 CFR 165.20, are 
established for events such as fireworks displays, high-speed races, 
bridge repairs, dredging, or salvage operations, or the transit of 
dangerous cargoes such as explosives or liquefied petroleum gas. Safety 
zones are promulgated by Captains of the Port or District Commanders. 
These routine and frequent rulemakings support the Coast Guard's 
strategic goals of marine safety, maritime mobility, and protection of 
natural resources. The total actions expected from May 1, 2005, to 
April 30, 2006, are 450.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Actions Will Continue Through   12/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

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

Agency Contact: George Detweiler, Project Manager G-MWV, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-0574

RIN: 1625-AA00
_______________________________________________________________________




1187. SPECIAL ANCHORAGE AREAS/ANCHORAGE GROUNDS REGULATIONS

Priority: Routine and Frequent

Legal Authority: 33 USC 471; 33 USC 2030; 33 USC 2035; 33 USC 2071

CFR Citation: 33 CFR 110

Legal Deadline: None

Abstract: These routine and frequent regulations are established where 
maritime and commercial interests require them for safety of 
navigation. Special anchorage areas are areas in which vessels of not 
more than 65 feet may anchor without displaying the required lights or 
sound signals. These special anchorage areas are limited 
geographically, and depending upon the purpose, establish both long- 
and short-term anchorages. Anchorage grounds are limited 
geographically, delineate the types and size of vessel which may use 
the anchorage, and may place time and other restrictions on its use. 
Special anchorage areas and anchorage grounds are promulgated by 
District Commanders in response to requests from appropriate officials. 
These routine and frequent rulemakings support the Coast Guard's 
strategic goal of marine safety. The total actions expected from May 1, 
2005, to April 30, 2006, are 18.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Actions Will Continue Through   12/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: Routine and frequent rulemakings issued under 
this RIN will have individual docket numbers.
Transferred from RIN 2115-AA98

Agency Contact: Ed LaRue, Project Manager, G-MWV, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593
Phone: 202 267-0416
Email: [email protected]

RIN: 1625-AA01
_______________________________________________________________________




1188. DISCHARGE-REMOVAL EQUIPMENT FOR VESSELS CARRYING OIL (CGD 90-068)

Priority: Other Significant

Legal Authority: 33 USC 1321

CFR Citation: 33 CFR 155

Legal Deadline: Final, Statutory, August 18, 1992.

Abstract: The Oil Pollution Act of 1990 directed the President by 
August 18, 1992, to require periodic inspection of discharge-removal 
equipment to ensure that it is available in an emergency, and to 
require carriage of discharge-removal equipment by vessels operating in 
the navigable waters of the United States and carrying oil or hazardous 
substances. This action implemented those provisions. This project 
supports the Coast Guard's strategic goal of protection of natural 
resources. This project is considered significant because of 
substantial public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           08/30/91                    56 FR 43534
ANPRM Comment Period End        10/16/91

[[Page 26949]]

NPRM                            09/29/92                    57 FR 44912
NPRM Comment Period Extended    10/26/92                    57 FR 48489
NPRM Comment Period End         10/29/92
NPRM Comment Period Extended    11/16/92
Interim Final Rule              12/22/93                    58 FR 67988
Interim Final Rule Effective    01/21/94
Correction                      01/26/94                     59 FR 3749
Interim Final Rule Comment 
Period End                      02/22/94


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Transferred from RIN 2115-AD66

Agency Contact: David A. DuPont, Project Manager, G-MSR-2, Department 
of Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-0971

RIN: 1625-AA02
_______________________________________________________________________




1189. ESCORT VESSELS FOR CERTAIN TANKERS (CGD 91-202)

Priority: Other Significant

Legal Authority: PL 101-380, sec 4116(c) (codified as 46 USC 3703 note)

CFR Citation: 33 CFR 168

Legal Deadline: None

Abstract: This project promulgates 33 CFR part 168 and provides escort 
requirements for certain single-hull tankers in Prince William Sound 
and Puget Sound. It supports the Coast Guard's strategic goal of 
protecting natural resources, and is considered significant because of 
substantial public and State government interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/07/92                    57 FR 30058
NPRM Comment Period End         09/08/92
NPRM Comment Period Reopened    03/26/93                    58 FR 16391
Notice of Public Hearings       04/29/93                    58 FR 25959
Correction                      05/19/93                    58 FR 29157
NPRM Comment Period End         06/24/93
Notice of Availability - Part 1 
of Study                        01/10/94                     59 FR 1411
Final Rule                      08/19/94                    59 FR 42962
Final Rule - Suspension of 
Crash-Stop Provision            11/01/94                    59 FR 54519
Final Rule - Partial Suspension 
Effective                       11/17/94
Final Rule Effective            11/17/94
Notice of Availability - Part II 
of Study                        02/01/95                     60 FR 6345


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: This project (RIN 1625-AA05; transferred from 
RIN 2115-AA10 when Coast Guard transferred from the Department of 
Transportation to DHS) is related to RIN 1625-AA65 (Escort Vessels for 
Certain Tankers - Crash Stop Criteria, USCG-2003-14734). RIN 1625-AA05 
promulgated 33 CFR part 168, but suspended one provision, 33 CFR 
168.50(b)(2), before it ever took effect. Suspension is not a final 
action. Final action requires the Coast Guard to remove the suspension 
of 33 CFR 168.50(b)(2) and to determine its final status (either 
effective as promulgated, amended, or removed). All previous activity 
for RIN 1625-AA05 took place before the Coast Guard's participation in 
the Department of Transportation's Docket Management System (DMS). DMS 
is an electronic docketing system that provides the public with 
computerized access to Coast Guard rulemaking documents, but it does 
not support older Coast Guard docket numbers like CGD 91-202 (the Coast 
Guard docket number equivalent for RIN 1625-AA05). Consequently, the 
rulemaking docket for RIN 1625-AA05 is available only in paper form and 
must be viewed at Coast Guard Headquarters (contact the Office of 
Regulations and Administrative Law, G-LRA, at 202-267-1534). In order 
to finalize RIN 1625-AA05 in a way that is accessible to the public 
through DMS, the Coast Guard decided to open RIN 1625-AA65 under a DMS-
compatible Coast Guard docket number, USCG-2003-14734, and to treat it 
as the rulemaking vehicle for resolving the status of 33 CFR 
168.50(b)(2). All publications under RIN 1625-AA05 will appear 
electronically in the DMS docket. In addition, for ease of reference, 
we will scan relevant paper documents from RIN 1625-AA05 into the 
electronic DMS docket for RIN 1625-AA65, as supplemental materials.
ANALYSIS: Regulatory Evaluation, August 19, 1994, 59 FR 42962.

URL For More Information:
dms.dot.gov

URL For Public Comments:
dms.dot.gov

Agency Contact: LT Sam Stevens, Project Manager, G-MSE-1, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 2100 
Second Street SW., Washington, DC 20593
Phone: 202 267-0173

Related RIN: Related to 1625-AA10, Related to 1625-AA65
RIN: 1625-AA05
_______________________________________________________________________




1190. STATE ACCESS TO THE OIL SPILL LIABILITY TRUST FUND (USCG-2004-
19123)

Priority: Substantive, Nonsignificant

Legal Authority: 33 USC 2712

CFR Citation: 33 CFR 133

Legal Deadline: NPRM, Statutory, February 18, 1991.

Abstract: Pursuant to the Oil Pollution Act of 1990 (OPA 90), this 
action specifies how the authority to obligate the pollution trust fund 
for oil spill response and clean-up efforts and to enter into 
agreements with the States will be exercised. The Coast Guard is 
evaluating the performance of the interim rule. This rulemaking 
supports the Coast Guard's strategic goal of the protection of natural 
resources.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Rule                    11/13/92                    57 FR 53968
Interim Final Rule Comment 
Period End                      02/11/93
Supplementary NPRM              12/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: State

Additional Information: The rulemaking priority was downgraded from 
Other Significant to Substantive, Nonsignificant in the November 14,

[[Page 26950]]

1994, agenda. However, due to administrative error, the document 
erroneously reflected Other Significant in subsequent agenda entries.
Transferred from RIN 2115-AE19
This rulemaking was formerly docket number CGD92-014.

Agency Contact: Allen R. Thuring, Project Manager, National Pollution 
Funds Center, Department of Homeland Security, U.S. Coast Guard, Suite 
1000, 4200 Wilson Boulevard, Arlington, VA 22203-1804
Phone: 202 493-6801

RIN: 1625-AA06
_______________________________________________________________________




1191. REGATTA AND MARINE PARADE REGULATIONS

Priority: Routine and Frequent

Legal Authority: 33 USC 1233

CFR Citation: 33 CFR 100

Legal Deadline: None

Abstract: These routine and frequent, special local regulations ensure 
the safety of participants and spectators during regattas and marine 
parades. The regulations or rules specify such controls as separate 
participant and spectator areas, separation schemes for watercraft in 
the area of the event, and temporary restrictions on waterways to 
accommodate the event. These rules are short-term in nature, usually 
applying to a single event not exceeding eight hours in duration, and 
usually encompass only a small portion of a navigable waterway. These 
rules are promulgated by District Commanders in response to a request 
from an event-sponsoring organization. These routine and frequent 
rulemakings support the Coast Guard's strategic goals of maritime 
safety and maritime mobility of commercial and recreational vessel 
traffic. The total actions expected from May 1, 2005, to April 30, 
2006, are 68.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Action Will Continue Through    12/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses, Organizations

Government Levels Affected: None

Additional Information: Routine and frequent rulemakings issued under 
this RIN will have individual docket numbers.
Transferred from RIN 2115-AE46

Agency Contact: Carlton Perry, Project Manager, G-OPB-1, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-0979

RIN: 1625-AA08
_______________________________________________________________________




1192. DRAWBRIDGE REGULATIONS

Priority: Routine and Frequent

Legal Authority: 33 USC 499

CFR Citation: 33 CFR 117

Legal Deadline: None

Abstract: These routine and frequent regulations establish operating 
schedules and notice requirements for drawbridges across navigable 
waterways. Drawbridge regulations establish the permanent draw 
operation schedules for bridges and specify what notice mariners must 
give to request an opening. Short-term deviations from the permanent 
schedule may be issued for bridge repairs or to test the effectiveness 
of a proposed new opening schedule. Drawbridge regulations are 
promulgated by District Commanders usually at the request of the bridge 
owner or operator, or of local officials or local Coast Guard bridge 
administration officials. These routine and frequent rulemakings 
support the Coast Guard's strategic goals of maritime safety and 
maritime mobility of commercial and recreational vessel traffic. The 
total actions expected from May 1, 2005, to April 30, 2006, are 150.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Actions Will Continue Through   12/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses, Governmental Jurisdictions

Government Levels Affected: None

Additional Information: Routine and frequent rulemakings issued under 
this RIN will have individual docket numbers.
Transferred from RIN 2115-AE47

Agency Contact: Alesia Steinberger, Project Manager, G-OPT-1, 
Department of Homeland Security, U.S. Coast Guard, 2100 Second Street 
SW., Washington, DC 20593-0001
Phone: 202 267-6215

RIN: 1625-AA09
_______________________________________________________________________




1193. ESCORT VESSELS IN CERTAIN U.S. WATERS (CGD 91-202A)

Priority: Other Significant

Legal Authority: PL 101-380, sec 4116(c) (codified as 46 USC 373 note)

CFR Citation: 33 CFR 168

Legal Deadline: None

Abstract: This rule would designate those U.S. waters, other than 
Prince William Sound and Puget Sound, where tankers and other vessels 
must be escorted by a towing vessel or other appropriate vessel. This 
project supports the Coast Guard's Marine Safety, Security and 
Environmental Protection program's goal to reduce the amount of oil 
discharged into the marine environment and the Coast Guard's strategic 
goal of protecting natural resources. It is significant because of 
substantial public and State government interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           04/27/93                    58 FR 25766
Comment Period End              06/28/93
Request for Comments            12/21/94                    59 FR 65741
Comment Period End              02/13/95


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Federalism:  Undetermined

Additional Information: We are in the process of deciding how to 
respond to the comments we have received. This rulemaking is a 
companion to RIN 1625-AA05, which concerns Prince William Sound and 
Puget Sound.
Transferred from RIN 2115-AE56

Agency Contact: LT Sam Stevens, Project Manager, G-MSE-1, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 2100 
Second Street SW., Washington, DC 20593
Phone: 202 267-0173

Related RIN: Related to 2115-AE10
RIN: 1625-AA10

[[Page 26951]]

_______________________________________________________________________




1194. REGULATED NAVIGATION AREAS

Priority: Routine and Frequent

Legal Authority: 33 USC 1231; 33 USC 1221; 33 USC 1223

CFR Citation: 33 CFR 165

Legal Deadline: None

Abstract: These routine and frequent regulations establish operating 
requirements for vessels within specified geographic areas to ensure 
safety on the navigable waters where some special or unusual 
circumstance exists. Regulated navigation areas are limited areas in 
which the Coast Guard specifies operational or vessel restrictions such 
as vessel entry, movement or departure, and vessel size, speed, 
horsepower, or draft limitations. Regulated navigation areas are 
promulgated by District Commanders, usually at the request of Coast 
Guard marine safety or local maritime safety officials. These routine 
and frequent rulemakings support the Coast Guard's strategic goals of 
waterways management, marine safety, and maritime mobility. The total 
actions expected from May 1, 2005, to April 30, 2006, are 11.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Actions Will Continue Through   12/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: Routine and frequent rulemakings issued under 
this RIN will have individual docket numbers.
Transferred from RIN 2115-AE84

Agency Contact: Ed LaRue, Project Manager, G-MWV, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593
Phone: 202 267-0416
Email: [email protected]

RIN: 1625-AA11
_______________________________________________________________________




1195. MARINE TRANSPORTATION-RELATED FACILITY RESPONSE PLANS FOR 
HAZARDOUS SUBSTANCES (USCG-1999-5705)

Priority: Other Significant

Legal Authority: 33 USC 1321(j); PL 101-380

CFR Citation: 33 CFR 154

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           05/03/96                    61 FR 20084
Notice of Public Hearings       07/03/96                    61 FR 34775
ANPRM Comment Period End        09/03/96
NPRM                            03/31/00                    65 FR 17416
NPRM Comment Period End         06/29/00


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: Old Docket Number CGD 94-048. Public hearings 
regarding this rulemaking were held in Washington, DC on July 30, 1996; 
Houston, TX on August 5, 1996; and Houston, TX on February 26 and 27, 
1997. Public meetings for the notice of proposed rulemaking were held 
in New Orleans, LA on May 10 and 11, 2000.
Transferred from RIN 2115-AE87

URL For More Information:
dms.dot.gov

URL For Public Comments:
dms.dot.gov

Agency Contact: LT Eric Bauer, Project Manager, G-MOR, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-0417

RIN: 1625-AA12
_______________________________________________________________________




1196. TANK VESSEL RESPONSE PLANS FOR HAZARDOUS SUBSTANCES (USCG-1998-
4354)

Priority: Other Significant

Legal Authority: 33 USC 1231; 33 USC 1321(j); PL 101-380

CFR Citation: 33 CFR 155

Legal Deadline: None

Abstract: This project would implement provisions of the Oil Pollution 
Act of 1990 that require an owner or operator of a tank vessel carrying 
bulk hazardous substances to develop and operate in accordance with an 
approved response plan. The regulations would apply to vessels 
operating on the navigable waters or within the Exclusive Economic Zone 
(EEZ) of the United States that carry bulk hazardous substances. A 
separate rulemaking, under RIN 1625-AA12, would address hazardous 
substances response plan requirements for marine transportation-related 
facilities. This project supports the Coast Guard's strategic goals of 
maritime safety and protection of natural resources by reducing the 
amount of chemicals entering the environment, as well as reducing the 
consequences of pollution incidents. This project is considered 
significant because of substantial public and industry interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           05/03/96                    61 FR 20084
Notice of Public Hearings       07/03/96                    61 FR 34775
ANPRM Comment Period End        09/03/96
NPRM                            03/22/99                    64 FR 13734
Notice of Public Hearing        06/15/99                    64 FR 31994
NPRM Comment Period Extended    06/15/99
NPRM Comment Period End         06/21/99

[[Page 26952]]

NPRM Extended Comment Period End08/30/99


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: Old Docket Number CGD 94-032.
Public meetings regarding this rulemaking were held in Washington, DC, 
on July 30, 1996; Houston, TX, on August 5, 1996; and Houston, TX, on 
February 26 and 27, 1997. Public meetings for the notice of proposed 
rulemaking were held in Houston, TX, on August 12 and 13, 1999.
Transferred from RIN 2115-AE88

URL For More Information:
dms.dot.gov

URL For Public Comments:
dms.dot.gov

Agency Contact: LT Eric Bauer, Project Manager, G-MOR, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-0417

RIN: 1625-AA13
_______________________________________________________________________




1197. NUMBERING OF UNDOCUMENTED BARGES (USCG-1998-3798)

Priority: Substantive, Nonsignificant

Legal Authority: 46 USC 12301

CFR Citation: 33 CFR 189

Legal Deadline: None

Abstract: Title 46 U.S.C. 12301, as amended by the Abandoned Barge Act 
of 1992, requires that all undocumented barges more than 100 gross tons 
operating on the navigable waters of the United States be numbered. 
This rulemaking would establish a numbering system for these barges. 
The numbering of undocumented barges will allow identification of 
owners of barges found abandoned and help prevent future marine 
pollution. This rulemaking supports the Coast Guard's strategic goal of 
protection of 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 Period08/12/04                    69 FR 49844
NPRM Comment Period End         11/10/04
Final Rule                       To Be                       Determined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Additional Information: Old Docket Number CGD 93-091. In the 2002 
spring agenda, we announced that we would be withdrawing this 
rulemaking but we are currently reevaluating that decision. We are in 
the process of deciding how to respond to the comments we have 
received.
Transferred from RIN 2115-AF13

URL For More Information:
dms.dot.gov

URL For Public Comments:
dms.dot.gov

Agency Contact: Patricia Williams, Project Manager, NVDC, Department of 
Homeland Security, U.S. Coast Guard, National Vessel Documentation 
Center, 792 T.J. Jackson Drive, Falling Waters, WV 25419
Phone: 304 271-2506

RIN: 1625-AA14
_______________________________________________________________________




1198. IMPLEMENTATION OF THE 1995 AMENDMENTS TO THE INTERNATIONAL 
CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION, AND WATCHKEEPING 
(STCW) FOR SEAFARERS, 1978 (CGD 95-062)

Priority: Other Significant

Legal Authority: 44 USC 3507; 46 USC 2103; 46 USC 7101; 46 USC 7107

CFR Citation: 46 CFR 10; 46 CFR 12; 46 CFR 15

Legal Deadline: None

Abstract: The International Maritime Organization (IMO) comprehensively 
amended the International Convention on Standards of Training, 
Certification, and Watchkeeping (STCW) for Seafarers, 1978, in 1995. 
The amendments came into force on February 1, 1997. This project 
implements them by revising current rules to ensure that the United 
States complies with their requirements on: the training of merchant 
mariners, the documenting of their qualifications, and watch-standing 
and other arrangements aboard seagoing merchant ships of the United 
States. This project supports the Coast Guard's strategic goal of 
maritime safety. It also supports the goal of our directorate for 
Marine Safety and Environmental Protection for reducing deaths and 
injuries of crewmembers on domestic merchant vessels and eliminating 
substandard vessels from the navigable waters of the United States. It 
is significant because of the potential impact on industry and the 
potential effect on international interests.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Meeting               08/02/95                    60 FR 39306
Comment Period End              09/29/95
Notice of Inquiry               11/13/95                    60 FR 56970
Comment Period End              01/12/96
NPRM                            03/26/96                    61 FR 13284
Notice of Public Meetings       04/08/96                    61 FR 15438
Comment Period End              07/24/96
Notice of Intent                02/04/97                     62 FR 5197
Interim Rule                    06/26/97                    62 FR 34505
Interim Rule Effective          07/28/97
Supplemental NPRM               06/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: Old Docket Number CGD 95-062.
Transferred from RIN 2115-AF26

Agency Contact: Mark Gould, Project Manager, G-MSO-1, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-6890

RIN: 1625-AA16
_______________________________________________________________________




1199. SALVAGE AND MARINE FIREFIGHTING REQUIREMENTS; VESSEL RESPONSE 
PLANS FOR OIL (USCG-1998-3417)

Priority: Economically Significant

Unfunded Mandates: This action may affect the private sector under PL 
104-4.

[[Page 26953]]

Legal Authority: 33 USC 1321

CFR Citation: 33 CFR 155

Legal Deadline: None

Abstract: Current vessel response plan regulations require that the 
owners or operators of vessels carrying groups I through V petroleum 
oil as a primary cargo identify in their response plans a salvage 
company with expertise and equipment, and a company with firefighting 
capability that can be deployed to a port nearest to the vessel's 
operating area within 24 hours of notification (groups I-IV) or a 
discovery of a discharge (group V). Numerous requests for clarification 
revealed widespread misunderstanding and confusion regarding the 
regulatory language, which will make the implementation of this 
requirement difficult. Based on comments received after the Vessel 
Response Plan final rule publication (61 FR 1052; January 12, 1996) and 
during a Coast Guard hosted workshop, the Coast Guard intends to better 
define the terms ``salvage expertise and equipment'' and ``vessel 
firefighting capability'' requirements and will reconsider the 24-hour 
deployment requirement which was scheduled to go into effect on 
February 18, 1998. Therefore, the Coast Guard suspended the effective 
dates of the 24-hour deployment requirements as published in the final 
rule. The Coast Guard will continue with this project to better define 
the requirements. This rulemaking supports the Coast Guard's strategic 
goals of maritime safety and protection of the natural resources. This 
rulemaking is also significant because it concerns a matter of 
substantial public interest or controversy.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule - Partial Suspension 02/12/98                     63 FR 7069
Final Rule - Partial Suspension 01/17/01                     66 FR 3876
NPRM                            05/10/02                    67 FR 31868
Public Meeting 7/9/02, 7/17/02, 
7/25/02                         06/12/02                    67 FR 40254
Public Meeting 9/26/02          08/07/02                    67 FR 51159
NPRM Comment Period Extended    08/07/02
NPRM Comment Period End         10/18/02
Final Rule - Partial Suspension 01/23/04                     69 FR 3236


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Partial suspension of regulations created 
through the Vessel Response Plan final rule, Docket No. 91-034, RIN 
2115-AD81. The project was originally titled ``Salvage and Firefighting 
Equipment; Vessel Response Plans.'' The change was made in order to 
distinguish this project from other similarly titled projects within 
the Coast Guard.
Transferred from RIN 2115-AF60

URL For More Information:
dms.dot.gov

URL For Public Comments:
dms.dot.gov

Agency Contact: LT Reed Kohberger, Project Manager, G-MOR-3, Department 
of Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-0448

RIN: 1625-AA19
_______________________________________________________________________




1200. DEEPWATER PORTS (USCG-1998-3884)

Priority: Substantive, Nonsignificant

Legal Authority: 33 USC 1504

CFR Citation: 33 CFR 148 to 150

Legal Deadline: None

Abstract: This rulemaking project revises regulations adopted in 1975 
to implement the Deepwater Port Act of 1974. It updates and streamlines 
those regulations in accordance with the 1996 Deepwater Port 
Modernization Act. It also extends the deepwater port regulations to 
the natural gas deepwater ports authorized by Congress in the Maritime 
Transportation Security Act of 2002. This project supports the Coast 
Guard's strategic goals of maritime safety and protection of natural 
resources.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           08/29/97                    62 FR 45774
ANPRM Comment Period End        10/13/97
NPRM                            05/30/02                    67 FR 37920
NPRM Comment Period End         07/29/02
NPRM Comment Period Reopened    08/19/02                    67 FR 53764
Second NPRM Comment Period End  09/18/02
Temporary Interim Rule          01/06/04                      69 FR 724
Temporary Interim Rule Comment 
Period End                      07/05/04
Final Rule                      10/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Undetermined

Additional Information: An advance notice of proposed rulemaking was 
published under Docket Number USCG-1998-4441. That docket number is 
replaced with USCG-1998-3884.
Transferred from RIN 2115-AF63

URL For More Information:
dms.dot.gov

URL For Public Comments:
dms.dot.gov

Agency Contact: Mark Prescott, Project Manager, G-MSO, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-0225

RIN: 1625-AA20
_______________________________________________________________________




1201. COMMERCIAL DIVING OPERATIONS (USCG-1998-3786)

Priority: Substantive, Nonsignificant

Legal Authority: 33 USC 1509; 43 USC 1333; 46 USC 3306; 46 USC 3703; 46 
USC 6101

CFR Citation: 46 CFR 197

Legal Deadline: None

Abstract: This project involves reviewing and updating the commercial 
diving regulations, which were first adopted in 1977. A review of the 
commercial diving regulations is needed to determine what parts should 
be updated or changed based on the current standards of safety, 
technology, and industry practices and to evaluate and minimize any 
significant economic impact of the rules upon small entities. The 
project supports the Coast Guard Marine Safety, Security and 
Environmental Protection Program's goal to reduce deaths and injuries 
on U.S. commercial vessels and the Coast Guard's strategic goal of 
maritime safety.

[[Page 26954]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           06/26/98                    63 FR 34840
ANPRM Comment Period Extended   09/23/98                    63 FR 50848
ANPRM Comment Period End        11/09/98


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: Transferred from RIN 2115-AF64

URL For More Information:
dms.dot.gov

URL For Public Comments:
dms.dot.gov

Agency Contact: Mark Prescott, Project Manager, G-MSO, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-0225

RIN: 1625-AA21
_______________________________________________________________________




1202. IMPROVEMENTS TO MARITIME SAFETY IN PUGET SOUND-AREA WATERS (USCG-
1998-4501)

Priority: Other Significant

Legal Authority: 33 USC 1223 to 1224

CFR Citation: 33 CFR ch. 1

Legal Deadline: None

Abstract: This rulemaking would promulgate measures to improve maritime 
safety in Puget Sound-Area waters including Puget Sound, the Strait of 
Juan de Fuca, passages around and through the San Juan Islands, and the 
Olympic Coast National Marine Sanctuary. Based on a determination by 
the Secretary of Transportation regarding the status of maritime safety 
in the Puget Sound area, the Coast Guard has initiated a comprehensive 
cost-benefit analysis to study the feasibility of implementing new 
safety measures, including extended tug escort requirements and a 
dedicated response vessel. Public input will help focus this cost-
benefit analysis and develop any future proposed rules, if deemed 
necessary. This rulemaking supports the Coast Guard Marine Safety, 
Security and Environmental Protection Program's goal to reduce the 
amount of oil discharged into the marine environment and the Coast 
Guard's strategic goal of protection of natural resources. This is a 
significant action due to substantial public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           11/24/98                    63 FR 64937
ANPRM Comment Period End        05/24/99


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Federalism:  Undetermined

Additional Information: Transferred from RIN 2115-AF68

URL For More Information:
dms.dot.gov

URL For Public Comments:
dms.dot.gov

Agency Contact: LT Sam Stevens, Project Manager, G-MSE-1, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 2100 
Second Street SW., Washington, DC 20593
Phone: 202 267-0173

RIN: 1625-AA22
_______________________________________________________________________




1203. CARGO SECURING ON VESSELS OPERATING IN U.S. WATERS (USCG-2000-
7080)

Priority: Substantive, Nonsignificant

Legal Authority: 46 USC 3306

CFR Citation: 33 CFR 97

Legal Deadline: None

Abstract: This rulemaking would amend the cargo stowage and securing 
rules for U.S. vessels operating in U.S. waters. In addition, it would 
amend rules to require cargo-securing manuals for U.S. or foreign 
vessels of 500 gross tons or more on international voyages. Its goal is 
to reduce hazardous material cargo losses from vessels in U.S. waters. 
It supports the Coast Guard's strategic goals of maritime safety and 
protection of natural resources.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/01/00                    65 FR 75201
NPRM Comment Period End         03/01/01


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: This rulemaking is being returned to a long-
term schedule. In the 2002 spring agenda, we announced we would be 
withdrawing this rulemaking but we are currently reevaluating that 
decision.
Transferred from RIN 2115-AF97

URL For More Information:
dms.dot.gov

URL For Public Comments:
dms.dot.gov

Agency Contact: David H. Dulloff, CDR, Department of Homeland Security, 
U.S. Coast Guard, Suite 651, 4200 Wilson Boulevard, Arlington, VA 22203
Phone: 202 493-1021
Email: [email protected]

RIN: 1625-AA25
_______________________________________________________________________




1204. VESSEL AND FACILITY RESPONSE PLANS FOR OIL: 2003 REMOVAL EQUIPMENT 
REQUIREMENTS AND ALTERNATIVE TECHNOLOGY REVISIONS (USCG-2001-8661)

Priority: Other Significant

Legal Authority: 33 USC 1321

CFR Citation: 33 CFR 153; 33 CFR 154; 33 CFR 155

Legal Deadline: None

Abstract: This rulemaking will propose changes to the Vessel Response 
Plans and Marine Transportation Facility Response Plans, and revise the 
language in the Code of Federal Regulations concerning methods and 
procedures for removing oil from coastal waters. This rulemaking 
supports the Coast Guard's strategic goal of protection of natural 
resources.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/11/02                    67 FR 63331
NPRM Comment Period Extended    11/19/02                    67 FR 69697
NPRM Comment Period End         01/09/03
Extended NPRM Comment Period End04/08/03
Final Rule                      07/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

[[Page 26955]]

Additional Information: Transferred from RIN 2115-AG05

URL For More Information:
dms.dot.gov

URL For Public Comments:
dms.dot.gov

Agency Contact: LT Eric Bauer, Project Manager, G-MOR, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-0417

RIN: 1625-AA26
_______________________________________________________________________




1205. FEDERAL REQUIREMENTS FOR PROPELLER INJURY AVOIDANCE MEASURES (USCG 
2001-10163)

Priority: Substantive, Nonsignificant

Legal Authority: 46 USC 4302

CFR Citation: 33 CFR 175

Legal Deadline: None

Abstract: This rule would establish Federal requirements for nonplaning 
recreational houseboats equipped with propeller driven propulsion 
located aft of the transom. This rule would require owners of these 
nonplaning recreational houseboats to install either one or two 
propulsion unit measures (a propeller guard or a jet pump drive) or 
employ three combined measures (use of an ignition cut-off switch, 
where installed, and install a swim ladder interlock device and an aft-
visibility device). Owners of rental houseboats would have to also 
install an ignition cut-off switch, if not already installed. These 
requirements would reduce the number of boaters who are seriously or 
fatally injured when struck by the propeller of a nonplaning 
recreational houseboat. This rulemaking would implement recommendations 
made by the National Boating Safety Advisory Council. It supports the 
Coast Guard's strategic goal of marine safety.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/10/01                    66 FR 63645
NPRM Comment Period End         03/11/02
NPRM Comment Period Extended    03/26/02                    67 FR 13738
NPRM Comment Period End         05/11/02
Final Rule                       To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Transferred from RIN 2115-AG18

URL For More Information:
dms.dot.gov

URL For Public Comments:
dms.dot.gov

Agency Contact: Carlton Perry, Project Manager, G-OPB-1, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-0979

RIN: 1625-AA31
_______________________________________________________________________




1206. STANDARDS FOR LIVING ORGANISMS IN SHIPS' BALLAST WATER DISCHARGED 
IN U.S. WATERS (USCG-2001-10486)

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 16 USC 4711

CFR Citation: 33 CFR 151

Legal Deadline: None

Abstract: This rulemaking would add a performance standard to 33 CFR 
part 151, subpart D, for all ballast water treatment methods being used 
as alternatives to mid ocean ballast water exchange. It supports the 
Coast Guard's strategic goals of marine safety and protection of 
natural resources. This project is significant due to high interest 
among several Federal and State agencies.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           03/04/02                     67 FR 9632
ANPRM Comment Period End        06/03/02
NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected:  Businesses

Government Levels Affected: None

Additional Information: Transferred from RIN 2115-AG21

URL For More Information:
dms.dot.gov

URL For Public Comments:
dms.dot.gov

Agency Contact: Dr. Richard Everett, Project Manager, Department of 
Homeland Security, U.S. Coast Guard, Office of Operating & 
Environmental Standards (G-MSO), 2100 Second Street SW., Washington, DC 
20593
Phone: 202 267-2243

RIN: 1625-AA32
_______________________________________________________________________




1207. MARINE EVENTS: PERMIT PROCEDURES (USCG-2001-10713)

Priority: Substantive, Nonsignificant

Legal Authority: 33 USC 1233

CFR Citation: 33 CFR 100

Legal Deadline: None

Abstract: This rule would revise Coast Guard procedures to expedite 
approval of organized marine events conducted on the navigable waters 
of the United States. These new procedures would establish general 
permits with nationwide or regional applicability and would encourage 
sponsors to submit information to the Coast Guard by electronic means. 
These new procedures would reduce the paperwork burden on both the 
public and the Coast Guard without adversely affecting vessel safety or 
the environment in the event areas. This project supports the Coast 
Guard's strategic goals of maritime safety and maritime mobility.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses, Organizations

Government Levels Affected: None

Additional Information: Transferred from RIN 2115-AG26

URL For More Information:
dms.dot.gov

URL For Public Comments:
dms.dot.gov

Agency Contact: Carlton Perry, Project Manager, G-OPB-1, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-0979

RIN: 1625-AA35
_______________________________________________________________________




1208. NOTIFICATIONS OF ARRIVAL AND DEPARTURE IN PORTS OR PLACES IN THE 
UNITED STATES (USCG-2001-11865)

Priority: Other Significant

Legal Authority: 33 USC 1223(a)(5); 33 USC 1226; 33 USC 1231

CFR Citation: 33 CFR 160

Legal Deadline: None

[[Page 26956]]

Abstract: The Coast Guard needs to permanently amend its regulations 
relating to the Notifications of Arrival (NOA) and Departure (NOD) 
requirements in 33 CFR part 160 to ensure port safety, security, and 
environmental protection as well as maintain the uninterrupted flow of 
commerce. Subsequent to the terrorist attacks of September 2001, we 
published an emergency temporary final rule (96-hour rule) amending the 
NOA and NOD requirements for commercial vessels bound for or departing 
from ports or places in the United States. The temporary final rule 
terminated on March 31, 2003. In this final rule, most of the changes 
introduced by the temporary final rule have been made permanent. This 
rulemaking supports the Coast Guard's strategic goals of maritime 
safety, maritime security, protection of natural resources, and 
maritime mobility.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/19/02                    67 FR 41659
NPRM Comment Period End         08/19/02
Final Rule                      02/28/03                     68 FR 9537
Final Rule Effective            04/01/03
Final Rule Partial Suspension   05/22/03                    68 FR 27907
Final Rule Correction           11/10/03                    68 FR 63735


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: Transferred from RIN 2115-AG35

URL For More Information:
dms.dot.gov

URL For Public Comments:
dms.dot.gov

Agency Contact: LT Kimberly Andersen, Project Manager, G-MPP, 
Department of Homeland Security, U.S. Coast Guard, 2100 Second Street 
SW., Washington, DC 20593
Phone: 202 267-2562

Related RIN: Related to 1625-AA96, Related to 1625-AA93
RIN: 1625-AA41
_______________________________________________________________________




1209. PROTECTION FOR WHISTLEBLOWERS IN THE COAST GUARD (USCG-2002-13016)

Priority: Substantive, Nonsignificant

Legal Authority: 10 USC 1034

CFR Citation: 33 CFR 53

Legal Deadline: None

Abstract: This rulemaking would amend 33 CFR part 53 both by extending 
coverage to uniformed members of the Coast Guard who make ``protected'' 
communications either to an organization within the Department within 
which the Coast Guard is operating concerned with audit, inspection, or 
law enforcement, or to any other person or organization (including any 
person or organization in the chain of command) designated pursuant to 
regulations to receive such communications, and by extending the nature 
of protected communications to comprise complaints: (a) of violations 
of statute or regulation prohibiting sexual harassment; (b) of unlawful 
discrimination; and (c) of gross mismanagement. This project supports 
the Coast Guard's five strategic goals of maritime safety and security, 
protection of natural resources, maritime mobility, and national 
defense.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: Transferred from RIN 2115-AG49

Agency Contact: LT Patrick Grace, Project Manager, G-LGL, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593
Phone: 202 267-0064

RIN: 1625-AA50
_______________________________________________________________________




1210. RULES OF PRACTICE, PROCEDURE, AND EVIDENCE FOR ADMINISTRATIVE 
PROCEEDINGS OF THE COAST GUARD (USCG 1998-3472)

Priority: Substantive, Nonsignificant

Legal Authority: 46 USC 7701; 46 USC 7702; 33 USC 1321; 42 USC 9609

CFR Citation: 33 CFR 20; 46 CFR 5

Legal Deadline: None

Abstract: The Coast Guard maintains two separate sets of procedural 
rules: the administrative adjudication rules against merchant mariners' 
licenses, certificates of registry, and documents; and those for the 
adjudication of class II civil penalties. The rules for suspension and 
revocation, contained in part 5 of title 46 of the Code of Federal 
Regulations (CFR), date from 1948, and are based on criminal procedure. 
The rules for class II civil penalties, contained in part 20 of title 
33 of the CFR, date from 1994, and are based on the Model Rules of 
Administrative Procedure and on other modern rules for civil procedure. 
Neither set implements the authority of the Oil Pollution Act of 1990 
(OPA 90), which provides for the temporary suspension of a license, 
certificate of registry, or document for up to 45 days without a 
hearing, in certain circumstances, and a hearing within 30 days of any 
such suspension. This rulemaking would consolidate all procedural rules 
for administrative adjudications for class II civil penalties, and 
allow the Coast Guard to promulgate regulations implementing the OPA 90 
authority. This project supports the strategic goal of the Coast Guard 
to promote marine safety. We are in the process of deciding how to 
respond to comments received.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/06/98                    63 FR 16731
NPRM Comment Period End         05/06/98
NPRM Comment Period Reopened    05/20/98                    63 FR 27700
NPRM Comment Period End         06/19/98
Interim Final Rule              05/24/99                    64 FR 28054
Interim Final Rule Effective    06/23/99
Interim Final Rule Correction   06/28/99                    64 FR 34540
Interim Final Rule Comment 
Period End                      07/23/99
Interim Final Rule Comment 
Period Reopened                 10/05/99                    64 FR 53970
Interim Final Rule Comment 
Period End                      04/03/00


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

[[Page 26957]]

Additional Information: This rulemaking revises in part the previous 
docket of CGD 94-101, which was terminated on December 20, 1995.
Transferred from RIN 2115-AF59

URL For More Information:
dms.dot.gov

URL For Public Comments:
dms.dot.gov

Agency Contact: George Jordan, Project Manager, G-CJ, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-2940

RIN: 1625-AA59
_______________________________________________________________________




1211. VALIDATION OF MERCHANT MARINERS' VITAL INFORMATION AND ISSUANCE OF 
COAST GUARD MERCHANT MARINER'S DOCUMENTS (MMDS) (USCG-2003-14500)

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 46 USC 21; 46 USC 73; 46 USC 75; 46 USC 77

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: This rulemaking describes enhancements to the application 
procedures for the ``Merchant Mariners Documents'' (MMDs) required for 
ocean going vessels of over 200 gross tons. This includes a background 
check, fingerprinting for each application, showing up physically at a 
Regional Exam Center (REC) at least once during each application and 
furnishing proof of identity before fingerprints are taken.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Meeting               02/20/03                     68 FR 8326
Notice of Policy                04/08/03                    68 FR 17064
Interim Rule                    01/06/04                      69 FR 526
Correction to Interim Rule      02/11/04                     69 FR 6575
Interim Rule Comment Period End 04/05/04


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

URL For More Information:
dms.dot.gov

URL For Public Comments:
dms.dot.gov

Agency Contact: Gerald P. Miante, Project Manager, G-MSO-1, Department 
of Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-0221

RIN: 1625-AA81
_______________________________________________________________________




1212. SECURITY ZONE REGULATIONS

Priority: Routine and Frequent

Legal Authority: 33 USC 1226; 33 USC 1231; 50 USC 191; 33 CFR 6

CFR Citation: 33 CFR 165

Legal Deadline: None

Abstract: The Coast Guard uses these routine and frequent regulations 
to establish control of access to areas to ensure the security of 
vessels, waterfront facilities, or individuals. Many of these zones are 
of short duration, a few hours to a few days, and all are 
geographically limited in area. Security zones are established for 
Presidential or Vice Presidential visits, high profile events such as 
the Olympics, controversial events such as transport of spent nuclear 
fuel, and in response to the threat of terrorist attacks. Some security 
zones are implemented only at heightened security levels and only for 
the duration of the heightened alert. Security zones are promulgated by 
Captains of the Port or District Commanders. These routine and frequent 
rulemakings support the Coast Guard's strategic goals of marine 
security, mobility, protection of natural resources, and national 
defense. The total actions expected from May 1, 2005, to April 30, 
2006, are 200.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Actions Will Continue Through   12/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

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

Agency Contact: CDR Cynthia Stowe, Project Manager (G-MPS-2), 
Department of Homeland Security, U.S. Coast Guard, 2100 Second Street 
SW., Washington, DC 20593-0001
Phone: 202 267-4150
Email: [email protected]

RIN: 1625-AA87
_______________________________________________________________________




1213. DRY CARGO RESIDUE DISCHARGES IN THE GREAT LAKES (USCG-2004-19621)

Priority: Substantive, Nonsignificant

Legal Authority: 33 USC 1901; 33 USC 1321 et seq; PL 108-293

CFR Citation: 33 CFR 151

Legal Deadline: None

Abstract: This rulemaking implements congressional directives. Public 
Law 108-293 directs the Coast Guard to continue implementation of an 
existing enforcement policy that regulates incidental dry cargo residue 
on the Great Lakes, until September 30, 2008, or until the promulgation 
of new regulations that would replace the existing policy. The statute 
also directs the Coast Guard to undertake any environmental assessment 
that would be necessary to support new regulations.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Additional Information: A timetable for this rulemaking will be set 
after completion of the environmental assessment. Supplementary 
information about this rulemaking may be found in the docket for this 
rulemaking. The docket may be accessed via the URL listed below.

URL For More Information:
www.dms.dot.gov

Agency Contact: LCDR Mary Sohlberg, Department of Homeland Security, 
U.S. Coast Guard, 2100 Second Street SW., Washington, DC 20593
Phone: 202 267-0713
Email: [email protected]

RIN: 1625-AA89
_______________________________________________________________________




1214. [bull] NOTIFICATION OF ARRIVAL IN U.S. PORTS; CERTAIN DANGEROUS 
CARGOES; ELECTRONIC SUBMISSION (USCG-2003-16688)

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 33 USC 1223; 33 USC 1231; 46 USC ch 701; DHS 
Delegation No. 0170.1

[[Page 26958]]

CFR Citation: 33 CFR 160.204; 33 CFR 160.210

Legal Deadline: None

Abstract: This regulatory project will revise the definition of Certain 
Dangerous Cargo (CDC) as listed in 33 CFR 160 subpart C, to include 
ammonium nitrate and propylene oxide. Furthermore, this project will 
also provide for optional electronic submission of NOA reports via a 
Web portal. This rulemaking supports the Coast Guard's strategic goals 
of Maritime Security, Maritime Safety, and National Defense.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Temporary Final Rule            08/18/04                    69 FR 51176


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: This rulemaking project is a continuation of 
RIN 1625-AA82 that was labeled a completed action in the Fall 2004 
Unified Agenda.

Agency Contact: LT Kimberly Andersen, Project Manager, G-MPP, 
Department of Homeland Security, U.S. Coast Guard, 2100 Second Street 
SW., Washington, DC 20593
Phone: 202 267-2562

Related RIN: Previously reported as 1625-AA82, Related to 1625-AA93, 
Related to 1625-AA41
RIN: 1625-AA96
_______________________________________________________________________


Department of Homeland Security (DHS)                 Completed Actions


U.S. Coast Guard (USCG)



_______________________________________________________________________




1215. VESSEL DOCUMENTATION: LEASE FINANCING FOR VESSELS ENGAGED IN THE 
COASTWISE TRADE; SECOND RULEMAKING (USCG-2003-14472)

Priority: Other Significant

Legal Authority: 14 USC 664; 31 USC 9701; 42 USC 9118; 46 USC 2103; 46 
USC 2107; 46 USC 2110; 46 USC 12106; 46 USC 12120; 46 USC 12122; 46 USC 
app 876

CFR Citation: 46 CFR 67

Legal Deadline: None

Abstract: On August 9, 2004, the President signed the Coast Guard and 
Maritime Transportation Act of 2004 (the 2004 Act) (Pub. L. 108-293), 
which made significant amendments to 46 U.S.C. 12106 with regard to 
certain vessels engaged in coastwise trade. In response to those 
changes, the Coast Guard and Maritime Administration are withdrawing 
the joint notice of proposed rulemaking published on February 4, 2004, 
and the Coast Guard will begin a new rulemaking. The question raised by 
the Coast Guard on third-party auditing of applications for an 
endorsement was not addressed in the 2004 Act and will be carried 
forward in the new rulemaking. All comments and documents received in 
this docket will be available for use in the new rulemaking.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/04/04                     69 FR 5403
NPRM Comment Period End         05/04/04
Notice of Withdrawal            04/13/05                    70 FR 19376

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: Transferred from RIN 2115-AG55

URL For More Information:
dms.dot.gov

URL For Public Comments:
dms.dot.gov

Agency Contact: Patricia Williams, Project Manager, NVDC, Department of 
Homeland Security, U.S. Coast Guard, National Vessel Documentation 
Center, 792 T.J. Jackson Drive, Falling Waters, WV 25419
Phone: 304 271-2506

RIN: 1625-AA63
_______________________________________________________________________




1216. TERMS IMPOSED BY STATES ON NUMBERING OF VESSELS (USCG-2003-15708)

Priority: Substantive, Nonsignificant

Legal Authority: 46 USC 12307

CFR Citation: 33 CFR 174, subpart B

Legal Deadline: None

Abstract: This rulemaking would expand the number of conditions that a 
State may require in order for owners to obtain vessel numbering 
certificates in that State. Current Federal statutes and regulations 
limit these conditions to proof of ownership or payment of State or 
local taxes. The proposed rule would allow any State to impose proof of 
liability insurance as a condition for obtaining vessel numbering 
certificates in that State. This project supports the Coast Guard's 
strategic goals of maritime safety and maritime mobility.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/14/04                     69 FR 2098
NPRM Comment Period End         04/13/04
Final Rule                      03/18/05                    70 FR 13102
Final Rule Correction           03/28/05                    70 FR 15587

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

URL For More Information:
dms.dot.gov

URL For Public Comments:
dms.dot.gov

Agency Contact: Audrey Pickup, Project Manager, G-OPB-2, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593
Phone: 202 267-0872

RIN: 1625-AA75

[[Page 26959]]

_______________________________________________________________________


Department of Homeland Security (DHS)               Proposed Rule Stage


Directorate of Border and Transportation Security (BTS)



_______________________________________________________________________




1217. UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR TECHNOLOGY 
PROGRAM (US-VISIT); AUTHORITY TO COLLECT BIOMETRIC DATA FROM ADDITIONAL 
TRAVELERS

Priority: Other Significant. Major under 5 USC 801.

Legal Authority: PL 106-215; PL 106-396; PL 107-56; PL 107-173; 8 USC 
1104; 8 USC 1184; 8 USC 1185 (pursuant to EO 13323, 1/2/04); 8 USC 
1365a; 8 USC 1365a (note); 8 USC 1379; 8 USC 1731; 8 USC 1732

CFR Citation: 8 CFR 215.8; 8 CFR 235.1

Legal Deadline: NPRM, Statutory, October 26, 2005, Compliance with 
section 303(b)(2)(A) of the Border Security Act, PL 107-173.
Final, Statutory, October 26, 2005, Compliance with section 
303(b)(2)(A) of the Border Security Act, PL 107-173.

Abstract: This regulation will propose to include additional 
classifications of aliens who may be subject to biometric collection of 
information upon entering or exiting the United States. Following 
review of the comments received during the comment period, DHS will 
publish a final rule under section 302((b)(2)(A) of the Border Security 
Act, Public Law 107-173, requiring DHS to have the capabilities to 
allow biometric comparison and authentication of all U.S. Visas and 
travel and entry documents, plus Visa Waiver Program passports. DHS is 
issuing this rule to provide itself with the legal authority to enroll 
these additional alien classifications but will do so as technology and 
border concerns allow.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              08/31/04                    69 FR 53318
Correction                      09/02/04                    69 FR 53603
Correction                      09/29/04                    69 FR 58037
Interim Final Rule Effective    09/30/04
Comment Period End              11/01/04
Comment Period Extended         11/05/04                    69 FR 64477
Correction                      11/12/04                    69 FR 65508
Comment Period End              12/01/04
NPRM                            05/00/05
NPRM Comment Period End         06/00/05
Final Action Effective          10/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Michael Hardin, Senior Policy Advisor, US-VISIT, 
Department of Homeland Security, Directorate of Border and 
Transportation Security, 18th Floor, 1616 N. Fort Myer Drive, 
Arlington, VA 22209
Phone: 202 298-5200
Fax: 202 298-5201
Email: [email protected]

Related RIN: Related to 1651-AA54
RIN: 1650-AA00
_______________________________________________________________________


Department of Homeland Security (DHS)                  Final Rule Stage


Directorate of Border and Transportation Security (BTS)



_______________________________________________________________________




1218. [bull] UNITED STATES VISITOR AND IMMIGRATION STATUS INDICATOR 
TECHNOLOGY PROGRAM (US-VISIT); AUTOMATIC IDENTIFICATION OF CERTAIN 
NONIMMIGRANTS EXITING THE UNITED STATES AT SELECT LAND BORDER PORTS OF 
ENTRY

Priority: Other Significant. Major under 5 USC 801.

Legal Authority: PL 106-215; PL 106-396; PL 107-56; PL 107-173; 8 USC 
1104; 8 USC 1184; 8 USC 1185 (pursuant to EO 13323, 1/2/04); 8 USC 
1365a; 8 USC 1365a (note); 8 USC 1379; 8 USC 1731; 8 USC 1732

CFR Citation: 8 CFR 215.8

Legal Deadline: None

Abstract: This interim regulation will amend Department of Homeland 
Security (DHS) regulations to allow the US-VISIT program, an 
integrated, automated entry-exit system that records the arrival and 
departure of aliens, verifies aliens' identities, and authenticates 
aliens' travel documents through comparison of biometric identifiers, 
to establish a protocol for automatically documenting the exits and any 
subsequent re-entries of certain aliens at land border ports of entry. 
Radio frequency technology is the proposed technology that DHS will use 
to automatically document the exit and any subsequent re-entry of 
certain nonimmigrant aliens from U.S. land border ports of entry. 
Initially, DHS will deploy proof of concept programs at a limited 
number of ports of entry to test the viability of the proposals. If 
effective, DHS will use the results of these land border proof of 
concept programs to determine the most effective method of matching the 
required biometrics with the automatic identifiers issues to exiting 
aliens prior to a universal expansion of the program.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              06/00/05
Interim Final Rule Effective    07/00/05
Interim Final Rule Comment 
Period End                      08/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Undetermined

Agency Contact: Craig Howie, Senior Policy Advisor, Department of 
Homeland Security, 18th floor, 1616 N. Fort Myer Drive, Arlington, VA 
22209
Phone: 202 298-5200
Fax: 202 298-5201
Email: [email protected]

RIN: 1650-AA01

[[Page 26960]]

_______________________________________________________________________


Department of Homeland Security (DHS)                     Prerule Stage


Bureau of Customs and Border Protection (BCBP)



_______________________________________________________________________




1219. [bull] WESTERN HEMISPHERE TRAVEL DOCUMENT REQUIREMENTS

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: PL 108-458

CFR Citation: 8 CFR 212; 8 CFR 235

Legal Deadline: Final, Statutory, January 1, 2008, Public Law 108-458, 
Intelligence Reform and Terrorism Prevention Act of 2004.

Abstract: Amendment to require U.S. citizens and non-U.S. citizens who 
previously were exempt from presenting a passport or other authorized 
travel document to present such documents that denote identity and 
citizenship when entering the United States.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           05/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

Agency Contact: Sidney Aki, Department of Homeland Security, Bureau of 
Customs and Border Protection, Office of Policy and Planning, 1300 
Pennsylvania Avenue NW., Washington, DC 20229
Phone: 202 344-2166

RIN: 1651-AA63
_______________________________________________________________________


Department of Homeland Security (DHS)               Proposed Rule Stage


Bureau of Customs and Border Protection (BCBP)



_______________________________________________________________________




1220. ADVANCE NOTICE REQUIREMENTS FOR AIRCRAFT LANDINGS AND ARRIVALS; 
REVISIONS TO THE PRIVATE AIRCRAFT OVERFLIGHT PROGRAM

Priority: Substantive, Nonsignificant

Legal Authority: 5 USC 301; 19 USC 58b; 19 USC 66; 19 USC 1433; 19 USC 
1436; 19 USC 1448; 19 USC 1459; 19 USC 1590; 19 USC 1594; 19 USC 1623; 
19 USC 1624; 19 USC 1644; 19 USC 1644a

CFR Citation: 19 CFR 122

Legal Deadline: None

Abstract: Amendment to part 122 of the Customs and Border Protection 
Regulations to require that the owners or operators of commercial 
aircraft that operate as scheduled airlines and enter the United States 
from foreign areas who intend to land at landing rights or user fee 
airports, request from U.S. Customs and Border Protection permission to 
land in writing at least 30 days before the first flight date and 
secure customs approval to land before the first flight begins. 
Amendment would also make the advance notice of arrival requirement 
applicable to all aircraft. The advance notice of arrival would be 
required to be given by the aircraft commander directly to the 
appropriate customs location at least one hour before the aircraft 
crosses any border or coastline of the United States. Amendment would 
also modify the application process for the Overflight Program and 
provide for centralized processing of requests for an overflight 
exemption.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Additional Information: Transferred from RIN 1515-AD10

Agency Contact: Elizabeth Tritt, Operations Officer, Department of 
Homeland Security, Bureau of Customs and Border Protection, Office of 
Field Operations, 1300 Pennsylvania Avenue NW., Washington, DC 20229
Phone: 202 344-2594

RIN: 1651-AA41
_______________________________________________________________________




1221. PRIOR DISCLOSURE AND LOST DUTY OR REVENUE DEMANDS WHEN PENALTY 
CLAIM NOT ISSUED

Priority: Substantive, Nonsignificant

Legal Authority: 5 USC 301; 19 USC 66; 19 USC 1592; 19 USC 1593a; 19 
USC 1624

CFR Citation: 19 CFR 162

Legal Deadline: None

Abstract: Amendment to part 142 of the Customs and Border Protection 
Regulations pertaining to prior disclosure and to the procedure for 
demanding payment of duties, taxes, fees, or revenue for violations of 
19 U.S.C. sections 1592 or 1593a when a penalty claim is not issued. 
Amendments are designed to encourage participation in the prior 
disclosure program and to enhance the effectiveness of the duty/revenue 
demand process.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Additional Information: Transferred from RIN 1515-AD13

Agency Contact: Alan Cohen, Senior Attorney, Penalties Branch, 
Department of Homeland Security, Bureau of Customs and Border 
Protection, Office of Regulations and Rulings, 1300 Pennsylvania Avenue 
NW., Washington, DC 20229
Phone: 202 572-8742

RIN: 1651-AA42
_______________________________________________________________________




1222. CARGO INFORMATION (MANIFEST) DISCREPANCY REPORTING REQUIREMENTS 
AND PENALTY GUIDELINES

Priority: Substantive, Nonsignificant

Legal Authority: 5 USC 301; 19 USC 66; 19 USC 1431; 19 USC 1433; 19 USC 
1434; 19 USC 1436; 19 USC 1581; 19 USC 1584; 19 USC 1498; 46 USC app 3; 
46 USC app 91

CFR Citation: 19 CFR 4; 19 CFR 18; 19 CFR 113; 19 CFR 122; 19 CFR 123; 
19 CFR 146; 19 CFR 158

Legal Deadline: None

Abstract: Amendment to parts 4, 18, 113, 122, 123, 146, and 158 of the 
Customs and Border Protection Regulations concerning cargo information 
(manifest) discrepancy reporting requirements for all modes of 
commercial transportation (air, sea, rail and truck). Amendment sets 
forth corresponding guidelines for the assessment of penalties or 
claims for liquidated damages for manifesting violations. Amendment 
would require that any discrepancy from previously

[[Page 26961]]

filed cargo information be reported to CBP by the responsible party 
immediately upon discovery and that such reports, with limited 
exceptions be submitted to CBP in an electronic format. Amendment would 
eliminate Customs Form 5931 and require that cargo declaration 
information be kept for a period of five years after conveyance 
arrival. Also provides (as Appendices to the regulations) guidelines 
for the assessment of penalties for failing to reporting discrepancies.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Additional Information: Transferred from RIN 1515-AD26

Agency Contact: Pete Flores, Inspector, Department of Homeland 
Security, Bureau of Customs and Border Protection, Manifest and 
Conveyance Branch, Office of Field Operations, 1300 Pennsylvania Avenue 
NW., Washington, DC 20229
Phone: 202 344-3127

Jeremy Baskin, Attorney-Advisor, Penalties Branch, Department of 
Homeland Security, Bureau of Customs and Border Protection, Office of 
Regulations and Rulings, 1300 Pennsylvania Avenue NW., Washington, DC 
20229
Phone: 202 572-8753

RIN: 1651-AA45
_______________________________________________________________________




1223. AIR TRANSIT PROGRAM

Priority: Economically Significant. Major under 5 USC 801.

Legal Authority: 8 USC 1101; 8 USC 1102; 8 USC 1103; 8 USC 1182; 8 USC 
1184; 8 USC 1187; 8 USC 1223; 8 USC 1225; 8 USC 1226; 8 USC 1227; . . .

CFR Citation: 8 CFR 212; 8 CFR 214; 8 CFR 231; 8 CFR 233

Legal Deadline: None

Abstract: The Immediate and Continuous Transit program, also known as 
the Transit Without Visa (TWOV) program and the International-to-
International (ITI) program allowed an alien to be transported in-
transit through the United States to another foreign country without 
first obtaining a nonimmigrant visa from the Department of State 
overseas, provided the carrier had entered into an Immediate and 
Continuous Transit Agreement on Form I-426, pursuant to section 233(c) 
of the Immigration and Nationality Act. Both the TWOV and ITI programs 
were suspended due to security concerns in an interim rule published in 
August 2003. The Department of Homeland Security in this rule would be 
terminating these programs and establishing a new program allowing in-
transit travelers that will incorporate necessary security measures.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule Effective    08/02/03
Interim Final Rule              08/07/03                    68 FR 46926
Interim Final Rule Comment 
Period End                      09/22/03
NPRM                            06/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: Transferred from RIN 1515-AD36

Agency Contact: Kenneth Sava, Director, Air and Sea Passenger 
Operations, Department of Homeland Security, Bureau of Customs and 
Border Protection, Office of Field Operations, 1300 Pennsylvania Avenue 
NW., Washington, DC 20229
Phone: 202 344-2589

RIN: 1651-AA50
_______________________________________________________________________




1224. CHANGES TO THE ADMINISTRATIVE PROCESS FOR PETITIONS FOR RELIEF 
REGARDING SEIZURES AND FORFEITURES RESULTING FROM VIOLATIONS OF 
IMMIGRATION AND NATURALIZATION LAWS

Priority: Substantive, Nonsignificant

Legal Authority: 6 USC 101; 8 USC 1103; 8 USC 1324(b); 19 USC 66; . . .

CFR Citation: 8 CFR 274 ; 19 CFR 162

Legal Deadline: None

Abstract: Amendment of the Immigration and Naturalization Regulations 
to bring them into confluence with the Customs and Border Protection 
(CBP) preforfeiture petition process as provided in the CBP 
Regulations. The Homeland Security Act of 2002 gives CBP the authority 
to coordinate and unify the administrative petition process CBP uses 
for seizures and forfeitures based on violations of immigration laws 
with that process used by CBP for violations of customs laws. Amendment 
is also made to the CBP Regulations to state that seizures effected by 
Immigration and Customs Enforcement under the customs and navigation 
laws will continue to be processed under the CBP Regulations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Jeremy Baskin, Attorney-Advisor, Penalties Branch, 
Department of Homeland Security, Bureau of Customs and Border 
Protection, Office of Regulations and Rulings, 1300 Pennsylvania Avenue 
NW., Washington, DC 20229
Phone: 202 572-8753

RIN: 1651-AA58
_______________________________________________________________________




1225. [bull] CONTAINER SEALS

Priority: Economically Significant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 46 USC 70116; 46 USC 70177; 46 USC 70119; 19 USC 66; 
19 USC 1624; . . .

CFR Citation: 19 CFR 4; 19 CFR 113

Legal Deadline: None

Abstract: Amendment to require that loaded containers be appropriately 
secured by use of an International Organization for Standardization 
(ISO)-compliant seal prior to being transported by vessel to the United 
States.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/05

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Tricia Bauer Kennedy, Program Manager, Department of 
Homeland Security, Bureau of Customs and Border

[[Page 26962]]

Protection, Office of Field Operations, 1300 Pennsylvania Avenue NW., 
Washington, DC 20229
Phone: 202 344-3726
Email: [email protected]

RIN: 1651-AA61
_______________________________________________________________________




1226. [bull] PASSENGER MANIFEST FOR COMMERCIAL AIRCRAFT ARRIVING IN AND 
DEPARTING FROM THE UNITED STATES; PASSENGERS AND CREW MANIFESTS FOR 
COMMERCIAL VESSELS DEPARTING FROM THE UNITED STATES

Priority: Economically Significant. Major under 5 USC 801.

Unfunded Mandates: This action may affect the private sector under PL 
104-4.

Legal Authority: 5 USC 301; 19 USC 58b; 19 USC 66; 19 USC 1431; 19 USC 
1433; 19 USC 1434; 19 USC 1436; 19 USC 1448; 19 USC 1459; 19 USC 1590; 
19 USC 1594; 19 USC 1623; 19 USC 1624; 19 USC 1644; 19 USC 1644a; 19 
USC 2071 note; 46 USC app 3; 46 USC 91; . . .

CFR Citation: 19 CFR 4; 19 CFR 122

Legal Deadline: None

Abstract: Proposed amendment of parts 4 and 122 of the Customs and 
Border Protection regulations to change the electronic manifest 
transmission requirement for passengers on arriving and departing 
aircraft and for passengers and crew on departing vessels; the new 
requirement in each instance is 60 minutes prior to departure.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Charles Perez, Program Manager, Office of Field 
Operations, Department of Homeland Security, Bureau of Customs and 
Border Protection, 1300 Pennsylvania Avenue NW., Washington, DC 20229
Phone: 202 344-1983

Related RIN: Related to 1651-AA37
RIN: 1651-AA62
_______________________________________________________________________




1227. [bull] USE OF SAMPLING METHODS IN CBP AUDITS AND OFFSETTING OF 
OVERPAYMENTS AND OVER-DECLARATIONS IN 19 U.S.C. 1592 PENALTY CASES

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 5 USC 301; 19 USC 66; 19 USC 1484; 19 USC 1508 to 
1510; 19 USC 1624

CFR Citation: 19 CFR 163

Legal Deadline: None

Abstract: Amendment to provide for the use of sampling methods by CBP 
auditors and for offsetting of overpayments and over-declarations when 
an audit involves a calculation of lost revenue or monetary penalty 
under 19 U.S.C. 1592.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Mark Hanson, Department of Homeland Security, Office of 
Strategic Trade, Regulatory Audit Division, 1300 Pennsylvania Avenue 
NW., Washington, DC 22029
Phone: 202 344-2877
Email: [email protected]

RIN: 1651-AA64
_______________________________________________________________________


Department of Homeland Security (DHS)                  Final Rule Stage


Bureau of Customs and Border Protection (BCBP)



_______________________________________________________________________




1228. ELIMINATION OF IMMIGRATION AND NATURALIZATION SERVICE-ISSUED 
MEXICAN AND CANADIAN BORDER CROSSING CARDS

Priority: Other Significant

Legal Authority: 5 USC 552; 8 USC 1228; 8 USC 1252; 8 USC 1304; 8 USC 
1356; 5 USC 552a; 8 USC 1101; 8 USC 1103; 8 USC 1182; 8 USC 1201; 8 USC 
1225 to 1227

CFR Citation: 8 CFR 103; 8 CFR 212; 8 CFR 214; 8 CFR 235; 8 CFR 247; 8 
CFR 264; 8 CFR 286; 8 CFR 299

Legal Deadline: Final, Statutory, October 1, 2002.

Abstract: This rule amends the Immigration and Naturalization 
regulations to eliminate the use of Form I-175, Application for 
Nonresident Alien Canadian Border Crossing Card, and Form I-190, 
Application for Nonresident Alien Mexican Border Crossing Card. It also 
terminates the production of Form I-185, Nonresident Alien Canadian 
Border Crossing Card, and Form I-586, Nonresident Alien Mexican Border 
Crossing Card. In addition, this rule prohibits the use of Form I-186 
(previous version of Mexican Border Crossing Card), Form I-185 and Form 
I-586 Border Crossing Cards (BCCs) after September 30, 2002, for 
required use of a card containing a machine readable biometric 
identifier for entry (such as the fingerprint or handprint of the 
alien). Under the provisions of this rulemaking, an alien seeking entry 
into the United States by presentation of a BCC must complete a 
biometric verification upon each entry.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              12/02/02                    67 FR 71442
Interim Final Rule Effective    10/01/02
Interim Final Rule Comment 
Period End                      01/31/03
Final Action                    10/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: INS No. 1931-98
Transferred from RIN 1115-AF24

Agency Contact: Linda Loveless, Inspector, Immigration Policy and 
Programs, Department of Homeland

[[Page 26963]]

Security, Bureau of Customs and Border Protection, Office of Field 
Operations, 1300 Pennsylvania Avenue NW., Washington, DC 20229
Phone: 202 344-2493

RIN: 1651-AA08
_______________________________________________________________________




1229. EXTENSION OF 25-MILE LIMIT AT SELECT ARIZONA PORTS-OF-ENTRY

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1182; 8 USC 1183; 8 USC 
1201; . . .

CFR Citation: 8 CFR 235

Legal Deadline: None

Abstract: This rule amends the Immigration and Naturalization 
regulations to extend the distance Mexican nationals with border 
crossing cards may travel into the United States without obtaining 
additional Immigration documentation at selected ports-of-entry (POEs) 
along the United States and Mexico border. The selected POEs are 
located in the State of Arizona at Sasabe, Nogales, Mariposa, Douglas, 
and Naco. Once visitors to Arizona meet the inspection requirements of 
legal entry to the United States, they will be able to travel within 
the 75-mile border region of Arizona. This rule is intended to promote 
commerce in the southern Arizona border area while still ensuring that 
sufficient safeguards are in place to prevent illegal entry to the 
United States.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              12/08/99                    64 FR 68616
Interim Final Rule Comment 
Period End                      02/07/00
Final Action                    09/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: INS No. 2026-99
Transferred from RIN 1115-AF60

Agency Contact: Diane Hinckley, Program Officer, Department of Homeland 
Security, Bureau of Customs and Border Protection, Office of Field 
Operations, 1300 Pennsylvania Avenue NW., Washington, DC 20229
Phone: 202 344-1401

RIN: 1651-AA11
_______________________________________________________________________




1230. ACCESS TO CUSTOMS SECURITY AREAS AT AIRPORTS

Priority: Substantive, Nonsignificant

Legal Authority: 5 USC 301; 19 USC 58b; 19 USC 66; 19 USC 1433; 19 USC 
1436; 19 USC 1448; 19 USC 1459; 19 USC 1590; 19 USC 1594; 19 USC 1623; 
19 USC 1624; 19 USC 1644; 19 USC 1644a

CFR Citation: 19 CFR 122

Legal Deadline: None

Abstract: Amendments to part 122 of the Customs and Border Protection 
Regulations regarding the standards for employee access to customs 
security areas at airports that accommodate international air commerce. 
Amendments involve the addition of a biennial access approval 
reapplication requirement; an expansion of the grounds for denial of an 
application for access; the addition of a requirement that each 
employee granted access must report certain changes in the employee's 
circumstances; the inclusion of several new employer responsibilities; 
an expansion of the grounds for revocation or suspension of access and 
for proposed revocation or suspension of access; and a limitation of 
the opportunity to have a hearing in a revocation or suspension action 
to only cases in which there is a genuine issue regarding a material 
fact. These changes are needed to enhance the security areas at all 
airports.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              07/29/02                    67 FR 48977
Interim Final Rule Effective    07/29/02
Interim Final Rule Comment 
Period End                      09/27/02
Final Action                    10/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Additional Information: Transferred from RIN 1515-AD04

Agency Contact: Elizabeth Tritt, Operations Officer, Department of 
Homeland Security, Bureau of Customs and Border Protection, Office of 
Field Operations, 1300 Pennsylvania Avenue NW., Washington, DC 20229
Phone: 202 344-2594

RIN: 1651-AA38
_______________________________________________________________________




1231. CONDITIONAL RELEASE PERIOD AND CUSTOMS BOND OBLIGATIONS FOR FOOD, 
DRUGS, DEVICES, AND COSMETICS

Priority: Substantive, Nonsignificant

Legal Authority: 19 USC 66; 19 USC 1202; 19 USC 1448; 19 USC 1484; 19 
USC 1499; 19 USC 1623; 19 USC 1624; 21 USC 381

CFR Citation: 19 CFR 141; 19 CFR 151

Legal Deadline: None

Abstract: Amendment to provide for a specific conditional release 
period for any food, drug, device, or cosmetic that has been released 
under bond and for which admissibility is to be determined under the 
provisions of the Food, Drug, and Cosmetic Act. Amendment also 
clarifies the amount of liquidated damages that may be assessed when 
there is a breach of the terms and conditions of the customs bond. 
Lastly, amendment authorizes any representative of the Food and Drug 
Administration to obtain a sample of any food, drug, device, or 
cosmetic, the importation of which is governed by section 801 of the 
Food, Drug, and Cosmetic Act, as amended.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/07/02                    67 FR 39322
NPRM Comment Period End         08/06/02
Final Action                    10/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Additional Information: Transferred from RIN 1515-AD05

Agency Contact: Jeremy Baskin, Attorney-Advisor, Penalties Branch, 
Department of Homeland Security, Bureau of Customs and Border 
Protection, Office of Regulations and Rulings, 1300 Pennsylvania Avenue 
NW., Washington, DC 20229
Phone: 202 572-8753

RIN: 1651-AA39

[[Page 26964]]

_______________________________________________________________________




1232. PASSENGER NAME RECORD INFORMATION REQUIRED FOR PASSENGERS ON 
FLIGHTS IN FOREIGN AIR TRANSPORTATION TO OR FROM THE UNITED STATES

Priority: Substantive, Nonsignificant

Legal Authority: 5 USC 301; 19 USC 58b; 19 USC 66; 19 USC 1433; 19 USC 
1436; 19 USC 1448; 19 USC 1459; 19 USC 1590; 19 USC 1594; 19 USC 1623; 
19 USC 1624; 19 USC 1644; 19 USC 1644a; 19 USC 1431; 49 USC 44909(c)

CFR Citation: 19 CFR 122

Legal Deadline: None

Abstract: Amendment to part 122 of the Customs and Border Protection 
implements a provision of the Aviation and Transportation Security Act, 
which requires that air carriers make Passenger Name Record (PNR) 
information available to CBP upon request. The availability of PNR 
information is necessary for purposes of ensuring aviation safety and 
protecting national security.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              06/25/02                    67 FR 42710
Interim Final Rule Effective    06/25/02
Interim Final Rule Comment 
Period End                      08/26/02
Final Action                    10/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Additional Information: Transferred from RIN 1515-AD06

Agency Contact: Lashonda Jones, Department of Homeland Security, Bureau 
of Customs and Border Protection, Office of Field Operations, 1300 
Pennsylvania Avenue NW., Washington, DC 20229
Phone: 202 344-1005

RIN: 1651-AA40
_______________________________________________________________________




1233. CONFIDENTIALITY OF COMMERCIAL INFORMATION

Priority: Substantive, Nonsignificant

Legal Authority: 5 USC 301; 5 USC 552; 5 USC 552a; 19 USC 66; 19 USC 
1431; 19 USC 1624; 19 USC 1628; EO 12600

CFR Citation: 19 CFR 103

Legal Deadline: None

Abstract: Amendment to part 103 of the Customs and Border Protection 
Regulations regarding the disclosure procedures followed when 
commercial information related to customs transactions is provided by a 
business submitter.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              08/11/03                    68 FR 47453
Interim Final Rule Effective    08/11/03
Interim Final Rule Comment 
Period End                      10/10/03
Final Action                    06/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Additional Information: Transferred from RIN 1515-AD29

Agency Contact: Gregory R. Vilders, Attorney, Disclosure Law Branch, 
Department of Homeland Security, Bureau of Customs and Border 
Protection, 1300 Pennsylvania Avenue NW., Washington, DC 20229
Phone: 202 572-8772

RIN: 1651-AA47
_______________________________________________________________________




1234. LETTERS AND DOCUMENTS; ADVANCE ELECTRONIC PRESENTATION OF CARGO 
DATA

Priority: Economically Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 5 USC 301; 19 USC 1431; 19 USC 1436; 19 USC 2071 note; 
. . .

CFR Citation: 19 CFR 122

Legal Deadline: Final, Statutory, October 1, 2003, Section 343(a) of 
the Trade Act of 2002.

Abstract: Pursuant to section 343(a) of the Trade Act of 2002, as 
amended by the Maritime Transportation Act of 2002, CBP requires that 
it receive electronically information pertaining to cargo before the 
cargo is either brought into or sent from the United States by any mode 
of commercial transportation. This rule concerns letters and documents 
that are being transported by air transportation. The rule exempts from 
full manifesting requirements flat documents and letters not exceeding 
16 ounces.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              08/00/05

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: David M. King, Program Officer, Office of Field 
Operations, Department of Homeland Security, Bureau of Customs and 
Border Protection, 1300 Pennsylvania Avenue NW., Washington, DC 20229
Phone: 202 344-1133

Related RIN: Split from 1651-AA49
RIN: 1651-AA55
_______________________________________________________________________




1235. REMITTANCE OF IMMIGRATION USER FEE

Priority: Substantive, Nonsignificant

Legal Authority: 8 USC 1103; 8 USC 1356

CFR Citation: 8 CFR 286

Legal Deadline: None

Abstract: Amendment to change address to which remittances of 
immigration user fees are sent.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    06/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Robert Reiley, Financial Officer, Financial Management 
Division, Department of Homeland Security, Bureau of Customs and Border 
Protection, 1300 Pennsylvania Avenue NW., Washington, DC 20229
Phone: 202 344-1504

RIN: 1651-AA57
_______________________________________________________________________




1236. EXTENSION OF TIME LIMIT ON ADMISSION OF CERTAIN MEXICAN NATIONALS

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1183; 8 USC 1185; . . .

CFR Citation: 8 CFR 235

Legal Deadline: None

Abstract: The rule extends the period of time certain Mexican nationals 
may

[[Page 26965]]

remain in the United States without obtaining additional immigration 
documentation. The rule extends the time limit to which border crossing 
card holders may remain in the United States for up to 30 days without 
being issued a Form I-94. The rule is intended to promote commerce 
along the border while ensuring that sufficient safeguards are in place 
to prevent illegal entry into the United States.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              08/13/04                    69 FR 50051
Interim Final Rule Comment 
Period End                      10/12/04
Final Action                    09/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Diane Hinckley, Program Officer, Department of Homeland 
Security, Bureau of Customs and Border Protection, Office of Field 
Operations, 1300 Pennsylvania Avenue NW., Washington, DC 20229
Phone: 202 344-1401

RIN: 1651-AA60
_______________________________________________________________________


Department of Homeland Security (DHS)                 Long-Term Actions


Bureau of Customs and Border Protection (BCBP)



_______________________________________________________________________




1237. VISA WAIVER PROGRAM

Priority: Other Significant

Legal Authority: 8 USC 1356; 8 USC 1187; 8 USC 1103; 8 CFR 2

CFR Citation: 8 CFR 217

Legal Deadline: None

Abstract: On October 30, 2000, Public Law 106-396, made the Visa Waiver 
Pilot Program (VWPP) a permanent program. The Visa Waiver Program 
(VWP), allows nationals of designated countries to apply for admission 
to the United States at land border ports, air and sea ports, and to 
enter the United States for business or pleasure for up to 90 days 
without first obtaining a nonimmigrant visa.
INS Rule No. 1799 finalizes all those VWP countries that were added 
through the publication of interim regulations. This rule will also 
incorporate those statutory changes made to section 217 of the 
Immigration and Nationality Act by the Illegal Immigration Reform and 
Responsibility Immigration Act.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM-INS No. 1406-91 Comment 
Period End 5/22/91              05/07/91                    56 FR 21101
Final Rule-INS No. 1406-91 Eff. 
7/18/91*                        07/18/91                    56 FR 32952
Interim Final Rule-INS No. 1447 
Eff. 10/1/91; Comment Period End 
10/15/91                        09/13/91                    56 FR 46716
Interim Final Rule-1622-93; Eff. 
7/29/93; Com. End 8/30/93; (To 
be merged with 1447R-93)*       07/29/93                    58 FR 40581
Public Notice-INS No. 1674 Eff. 
10/25/94, Comment Period End 09/
30/96                           02/21/95                     60 FR 9699
Interim Final Rule-INS No. 1685 
Eff. 4/1/95; Comment Period End 
5/30/95                         03/28/95                    60 FR 15855
Interim Final Rule-INS No. 1777 07/08/96                    61 FR 35598
Interim Final Rule-INS No. 1782-
96 With Comments (Australia)    07/29/96                    61 FR 39721
Interim Final Rule-INS 1786-96 
With Comments (Slovenia)        09/30/97                    62 FR 50998
Final Rule-INS No. 1799         12/30/98                    63 FR 71726
Interim Final Rule-INS 2002-99 
With Comments (Portugal, 
Singapore, and Uruguay)         08/03/99                    64 FR 42006
Interim Final Rule-INS 2188-02 
(Removing Argentina)            02/21/02                     67 FR 7943
Interim Final Rule              03/07/03                    68 FR 10954


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Additional Information: Transferred from RIN 1115-AB93

Agency Contact: Marty Newingham, Assistant Chief Inspector, Inspections 
Division, Department of Homeland Security, Bureau of Customs and Border 
Protection, Room 4064, 425 I Street NW., Washington, DC 20536
Phone: 202 616-7992

Related RIN: Merged with 1115-AG25
RIN: 1651-AA00
_______________________________________________________________________




1238. INSPECTION AND EXPEDITED REMOVAL OF ALIENS; DETENTION AND REMOVAL 
OF ALIENS; CONDUCT OF REMOVAL PROCEEDINGS

Priority: Other Significant

Legal Authority: 5 USC 301; 8 USC 1182 to 1185; 8 USC 1186a; 8 USC 
1187; 5 USC 552; 5 USC 552a; 8 USC 1101 to 1103; 8 USC 1154; 8 USC 1181

CFR Citation: 8 CFR 1; 8 CFR 213; 8 CFR 214; 8 CFR 216; 8 CFR 217; 8 
CFR 221; 8 CFR 223; 8 CFR 3; 8 CFR 103; 8 CFR 204; 8 CFR 207; 8 CFR 
209; 8 CFR 211; 8 CFR 212

Legal Deadline: Other, Statutory, March 1, 1997, The statute requires 
the Attorney General to promulgate implementing regulations by March 1, 
1997.
This rule was automatically transferred from the former INS to CBP 
after the creation of DHS. The general authority to promulgate 
immigration regulations, with certain exceptions, now lies in the 
Secretary of Homeland Security as per the transfer of authority from 
the Attorney General in the Homeland Security Act.

Abstract: Many of the provisions of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (IIRIRA) became effective April 1, 
1997. Some provisions of the Antiterrorism and Effective Death Penalty 
Act of 1996 (AEDPA) that were not superseded by IIRIRA became effective 
November 1, 1996. On March 6, 1997, DOJ and The Executive Office of 
Immigration Review (EOIR) published an interim final rule

[[Page 26966]]

revising the asylum process; providing a mechanism for the 
determination and review of certain applicants who demonstrate a 
credible fear of persecution if returned to their own country; defining 
the inspection and admission process including new expedited removal 
procedures for aliens attempting to enter the United States through 
fraud or misrepresentation by apprehension, detention, and removal of 
aliens; addressing conduct of removal proceedings; and revising many 
other sections of the regulations to conform with the new laws. 
Following transfer of authorities to DHS, on December 6, 2000, DHS 
published the rule ``Asylum Procedures'' (INS No. 1865-97; RIN 1115-
AE93), which finalized the asylum portions of this interim rule. The 
Department still intends to publish a final rule to finalize the 
portions of this rulemaking relating to inspection and expedited 
removal of aliens, detention and deportation and removal of aliens, and 
the conduct of removal proceedings.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action-INS No. 1669-94    03/22/96                    61 FR 11717
NPRM-INS No. 1788-96 Comment 
Period End 2/3/97               01/03/97                      62 FR 444
Interim Final Rule-INS No. 1788-
96 Comment Period End 7/15/97   03/06/97                    62 FR 10312
Interim Final Rule Correction 
(Effective 04/01/97)            04/01/97                    62 FR 15362
Interim Final Rule-INS No. 1788-
96 Correction                   04/09/97                    62 FR 17048
Final Rule-INS No. 1920-98      07/22/98                    63 FR 39217
Final Action-INS No. 1788-96     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: Transferred from RIN 1115-AE47

Agency Contact: Linda Loveless, Inspector, Department of Homeland 
Security, Bureau of Customs and Border Protection, Immigration Policy 
and Programs, Washington, DC 20528
Phone: 202 344-2493
Email: [email protected]

RIN: 1651-AA04
_______________________________________________________________________




1239. ESTABLISHMENT OF PREINSPECTED AUTOMATED LANE (PAL) PROGRAM

Priority: Other Significant

Legal Authority: 8 USC 1103; 8 USC 1182; 8 USC 1225; 8 USC 1226; 8 USC 
1251; 8 USC 1252; 8 USC 1357; 8 CFR 2

CFR Citation: 8 CFR 287; 8 CFR 299

Legal Deadline: None

Abstract: This rule amends the Immigration and Naturalization 
regulations by establishing a Preinspected Automated Lane (PAL) Program 
for the use of eligible persons and vehicles at immigration checkpoints 
within the United States. This rule will facilitate the passage of 
people and vehicles through DHS checkpoints while safeguarding the 
integrity of law enforcement objectives at the checkpoints.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              04/18/97                    62 FR 19024
Interim Final Rule Comment 
Period End                      06/17/97
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: Transferred from RIN 1115-AE80

Agency Contact: Rudolph J. Miranda, Assistant Chief, Department of 
Homeland Security, Bureau of Customs and Border Protection, Room 4226, 
United States Border Patrol, 1300 Pennsylvania Avenue NW., Washington, 
DC 20229
Phone: 202 927-0931

RIN: 1651-AA06
_______________________________________________________________________




1240. AMENDMENT OF THE REGULATORY DEFINITION OF ARRIVING ALIEN

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 CFR 2

CFR Citation: 8 CFR 1

Legal Deadline: None

Abstract: This rule amends the Immigration and Naturalization 
regulations by changing the regulatory definition of an arriving alien. 
Under section 235(b)(1)(A)(i) of the Immigration and Nationality Act, 
which was effective on April 1, 1997, certain arriving aliens are 
subject to expedited removal procedures. The existing regulatory 
definition of arriving aliens includes parolees. As a matter of policy, 
the Department has decided that it is appropriate to exempt from the 
new expedited removal procedures aliens who were paroled into the 
United States before April 1997. This rule clarifies that these aliens, 
as well as certain other aliens who were paroled into the United States 
pursuant to advance parole, will not be subjected to expedited removal 
upon termination at parole. The rule also makes several changes in the 
ordering of 1.1(q) to use language that is clearer and more consistent 
with the wording of the statute.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              04/20/98                    63 FR 19382
Interim Final Rule Comment 
Period End                      06/19/98
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: Transferred from RIN 1115-AE87

Agency Contact: Jerry Liu, Assistant Chief Inspector, Inspections 
Division, Department of Homeland Security, Bureau of Customs and Border 
Protection, Room 4064, 425 I Street NW., Washington, DC 20536
Phone: 202 514-3410

RIN: 1651-AA07
_______________________________________________________________________




1241. REMOVAL OF VISA AND PASSPORT WAIVER FOR CERTAIN PERMANENT 
RESIDENTS OF CANADA AND BERMUDA

Priority: Other Significant

Legal Authority: 8 USC 1101 to 1103; 8 USC 1182; 8 USC 1184; 8 USC 
1187; 8 USC 1225 to 1227; . . .

CFR Citation: 8 CFR 2; 8 CFR 212; 8 CFR 231; 8 CFR 235; 8 CFR 286

Legal Deadline: None

[[Page 26967]]

Abstract: Currently, certain permanent residents of Canada and Bermuda 
are permitted to enter the United States without a passport or visa. 
Many of these former British Commonwealth countries have high rates of 
fraud and abuse, and the documents presented by these permanent 
residents, for entry to the United States, do not meet current document 
security standards. This rule amends the Immigration and Naturalization 
regulations by providing that a passport and visa will be required for 
permanent residents of Canada and Bermuda having a common nationality 
with Canadian Nationals or with British subjects in Bermuda. These 
permanent residents of Canada and Bermuda will be required to present a 
passport and visa to enter the United States. This rule also amends 
several other sections of the regulations that provide exceptions for 
these individuals based on the prior passport and visa exemption. DHS 
is taking this action in conjunction with the Department of State. This 
rule is intended to increase security and safeguard the United States.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              01/31/03                     68 FR 5189
Interim Final Rule Effective    03/17/03
Interim Final Rule Comment 
Period End                      04/01/03
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: Transferred from RIN 1115-AG68

Agency Contact: Linda Loveless, Inspector, Immigration Policy and 
Programs, Department of Homeland Security, Bureau of Customs and Border 
Protection, Office of Field Operations, 1300 Pennsylvania Avenue NW., 
Washington, DC 20229
Phone: 202 344-2493

RIN: 1651-AA23
_______________________________________________________________________




1242. NONIMMIGRANT VISA EXEMPTION FOR NATIONALS OF THE BRITISH VIRGIN 
ISLANDS ENTERING THE UNITED STATES THROUGH ST. THOMAS, U.S. VIRGIN 
ISLANDS

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1252; 8 USC 1102; 8 USC 1182; 8 USC 
1184; 8 USC 1187; 8 USC 1225; 8 USC 1226; 8 USC 1227; 8 USC 1228

CFR Citation: 8 CFR 212

Legal Deadline: None

Abstract: This rule amends the Department of Homeland Security's 
regulations to allow nonimmigrant visitors for business or pleasure who 
are nationals of the British Virgin Islands to apply for admission to 
the United States without a visa at the ports-of-entry of St. Thomas, 
U.S. Virgin Islands. Since visas are no longer issued from the British 
Virgin Islands by the Department of State, all persons needing a 
nonimmigrant visa have to either travel or mail their applications to 
Barbados, the nearest visa-issuing location. The Department's action 
will facilitate travel to the United States for nationals of the 
British Virgin Islands while still ensuring that the proper application 
provisions of the INA are met.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              02/18/99                     64 FR 7989
Interim Final Rule Comment 
Period End                      04/18/99
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal, Local, State

Additional Information: Transferred from RIN 1115-AF28

Agency Contact: Linda Loveless, Inspector, Immigration Policy and 
Programs, Department of Homeland Security, Bureau of Customs and Border 
Protection, Office of Field Operations, 1300 Pennsylvania Avenue NW., 
Washington, DC 20229
Phone: 202 344-2493

RIN: 1651-AA29
_______________________________________________________________________




1243. PROCEDURES GOVERNING THE BORDER RELEASE ADVANCED SCREENING AND 
SELECTIVITY (BRASS) PROGRAM

Priority: Substantive, Nonsignificant

Legal Authority: 19 USC 66; 19 USC 1448; 19 USC 1484; 19 USC 1624

CFR Citation: 19 CFR 24; 19 CFR 123; 19 CFR 132; 19 CFR 142

Legal Deadline: None

Abstract: Amendment to part 142 of the Customs and Border Protection 
Regulations to provide for the Border Release Advanced Screening and 
Selectivity (BRASS) Program, an improved automated and electronic 
system that will replace the Line Release method of processing certain 
repetitive and high volume shipments of merchandise into the United 
States.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/01/02                     67 FR 4930
NPRM Comment Period End         04/02/02
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Additional Information: Transferred from RIN 1515-AC92

Agency Contact: Enrique S. Tamayo, Operations Officer, Trade Programs, 
Department of Homeland Security, Bureau of Customs and Border 
Protection, Office of Field Operations, 1300 Pennsylvania Avenue NW., 
Washington, DC 20229
Phone: 202 344-3112

RIN: 1651-AA35

[[Page 26968]]

_______________________________________________________________________


Department of Homeland Security (DHS)                 Completed Actions


Bureau of Customs and Border Protection (BCBP)



_______________________________________________________________________




1244. ELECTRONIC TRANSMISSION OF PASSENGER AND CREW MANIFESTS FOR 
VESSELS AND AIRCRAFT

Priority: Economically Significant. Major under 5 USC 801.

Unfunded Mandates: This action may affect the private sector under PL 
104-4.

Legal Authority: 5 USC 301; 19 USC 58b; 19 USC 66; 19 USC 1433; 19 USC 
1436; 19 USC 1448; 19 USC 1459; 19 USC 1590; 19 USC 1594; 19 USC 1623; 
19 USC 1624; 19 USC 1644; 19 USC 1644a; 49 USC 44909(c); 19 USC 1431; . 
. .

CFR Citation: 19 CFR 122; 19 CFR 4; 8 CFR 217; 8 CFR 231; 8 CFR 251

Legal Deadline: None

Abstract: Amendment of parts 4 and 122 of the Customs and Border 
Protection Regulations and parts 217, 231, and 251 of the Immigration 
and Naturalization regulations to implement a provision of the Aviation 
and Transportation Security Act, which requires that each air carrier, 
foreign and domestic, operating a passenger flight in foreign air 
transportation to the United States electronically transmit in advance 
of arrival a passenger and crew manifest that contains certain 
specified information. The submission of this information is required 
for purposes of ensuring aviation safety and protecting national 
security. Amendment also implements a provision of the Border and 
Security and Visa Reform Act of 2002 which requires the electronic 
transmission of passenger and crew member manifest information to 
immigration officers in advance of an aircraft or vessel arrival in, or 
departure from, the United States.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              12/31/01                    66 FR 67482
Interim Final Rule Comment 
Period End                      03/01/02
Final Action                    04/07/05                    70 FR 17820
Final Action Effective          06/06/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Additional Information: Transferred from RIN 1515-AC99

Agency Contact: Tricia Bauer Kennedy, Program Manager, Department of 
Homeland Security, Bureau of Customs and Border Protection, Office of 
Field Operations, 1300 Pennsylvania Avenue NW., Washington, DC 20229
Phone: 202 344-3726
Email: [email protected]

Charles G. Perez, APIS Program Manager, Department of Homeland 
Security, Office of Field Operations, 1300 Pennsylvania Avenue NW., 
Washington, DC 20229
Phone: 202 344-2605
Email: [email protected]

RIN: 1651-AA37
_______________________________________________________________________




1245. PUBLICATION OF ADMINISTRATIVE FORFEITURE NOTICES

Priority: Substantive, Nonsignificant

Legal Authority: 5 USC 301; 19 USC 66; 19 USC 1592; 19 USC 1593a; 19 
USC 1624; 19 USC 1607; 19 USC 1608

CFR Citation: 19 CFR 162

Legal Deadline: None

Abstract: Amendment to part 162 of the Customs and Border Protection 
Regulations to raise the value threshold of seized property for which 
publication of a notice in a newspaper is necessary from $2,500 to 
$5,000. By changing the requirements for publication of administrative 
forfeiture notices, amendment significantly reduces the publication 
costs, which have often exceeded the value of seized property.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/14/04                     69 FR 2093
NPRM Comment Period End         03/15/04
Final Action                    02/22/05                     70 FR 8509
Final Action Effective          03/24/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: Transferred from RIN 1515-AD31

Agency Contact: Ricardo Scheller, Department of Homeland Security, 
Bureau of Customs and Border Protection, Office of Field Operations, 
1300 Pennsylvania Avenue NW., Washington, DC 20229
Phone: 202 344-1095

RIN: 1651-AA48
_______________________________________________________________________


Department of Homeland Security (DHS)               Proposed Rule Stage


Transportation Security Administration (TSA)



_______________________________________________________________________




1246. FOREIGN AIR CARRIERS

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 49 USC 114; 49 USC 5103; 49 USC 40113; 49 USC 44901 to 
44905; 49 USC 44907; 49 USC 44914; 49 USC 44916 to 44917; 49 USC 44935; 
49 USC 44936; 49 USC 44942; 49 USC 46105

CFR Citation: 49 CFR 1546

Legal Deadline: None

Abstract: The Transportation Security Administration (TSA) is proposing 
to amend the current aviation security rules applicable to foreign air 
carriers in 49 CFR part 1546 to make them more consistent with the 
rules applicable to domestic air carriers. The proposal extends 
regulations to foreign air carriers flying over the United States and 
to foreign air carrier private charters and those using aircraft with a 
maximum certificated takeoff weight of 12,500 pounds or more in their 
operations. The proposal also adds new security requirements to foreign 
air carriers including requiring the use of security coordinators, the 
prohibition of loaded firearms in checked baggage, and restricted 
access to the flight deck.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/05

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

[[Page 26969]]

Government Levels Affected: None

Agency Contact: Dan Furlong, Director, International Policy, Department 
of Homeland Security, Transportation Security Administration, Office of 
Transportation Security Policy, TSA-9, HQ, E3, 601 South 12th Street, 
Arlington, VA 22205-4220
Phone: 571 227-2787
Fax: 571 227-1378
Email: [email protected]

Nathan Dickerson, Economist, Department of Homeland Security, 
Transportation Security Administration, Office of Transportation 
Security Policy, TSA-9, HQ, E3, 601 South 12th Street, Arlington, VA 
22202-4220
Phone: 571 227-3286
Fax: 571 227-1374
Email: [email protected]

Linda L. Kent, Attorney-Advisor, Department of Homeland Security, 
Transportation Security Administration, Office of the Chief Counsel, 
TSA-2, HQ, E12-126S, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-2675
Email: [email protected]

RIN: 1652-AA40
_______________________________________________________________________




1247. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 46 USC 70105; 49 USC 44903

CFR Citation: 49 CFR 1572

Legal Deadline: None

Abstract: The Transportation Security Administration (TSA), in a joint 
rulemaking with the U.S. Coast Guard (USCG), are proposing standards 
for a Transportation Worker Identification Credential (TWIC) program 
for conducting security threat assessments, and issuing biometric 
credentials to, maritime transportation workers who require unescorted 
access to secured areas of vessels and maritime facilities.
The Aviation and Transportation Security Act (ATSA) (Pub. L. 107-071; 
11/19/2001; 115 Stat. 609) directs the Transportation Security 
Administration (TSA) to improve access control in secured areas. The 
Maritime Transportation Security Act of 2002 (MTSA) (Pub. L. 107-295; 
11/25/2002; 116 Stat. 2073) requires that workers with unescorted 
access to secured areas of vessels and facilities must be subject to a 
security threat assessment and receive a credential needed to access 
secured areas. Section 7208 of Intelligence Reform and Terrorism 
Prevention Act of 2004 (Pub. L. 108-458; 12/17/2004) requires that DHS 
develop a plan to accelerate full implementation of an automated 
biometric entry and exit data system (entry-exit system).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/05

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Ellen Siegler, Attorney, Regulations Division, 
Department of Homeland Security, Transportation Security 
Administration, TSA-2, Office of the Chief Counsel, TSA-2, HQ, E12-
335N, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-2723
Fax: 571-227-1380
Email: [email protected]

Christine Beyer, Attorney, Regulations Division, Department of Homeland 
Security, Transportation Security Administration, TSA-2, Chief Counsel, 
Office of the Chief Counsel, TSA-2, HQ, E12-336N, 601 South 12th 
Street, Arlington, VA 22202-4220
Phone: 571 227-2657
Email: [email protected]

Related RIN: Merged with 1652-AA27, Related to 1652-AA47
RIN: 1652-AA41
_______________________________________________________________________




1248. MODIFICATION OF THE AVIATION SECURITY INFRASTRUCTURE FEE

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 49 USC 44901; 49 USC 44940

CFR Citation: 49 CFR 1511

Legal Deadline: None

Abstract: This rulemaking will seek comment on a proposed revision to 
the method for apportioning the Aviation Security Infrastructure Fee 
(ASIF) among air carriers.
Starting in fiscal year 2005, the Aviation and Transportation Security 
Act (ATSA) (Pub. L. 107--71; 11/19/2001), authorizes TSA to change the 
methodology for imposing the ASIF on air carriers and foreign air 
carriers from a system based on their 2000 screening costs to a system 
based on market share or other appropriate measures. There is great 
interest from the industry to do so, but each option affects the 
carriers differently.
On November 5, 2003, the Transportation Security Administration (TSA) 
published a notice requesting comment on possible changes to the way it 
sets the ASIF, which is a fee imposed on air carriers and foreign air 
carriers to help pay the Government's costs of providing civil aviation 
security services, in order to allow for open industry and public input 
before beginning the formal rulemaking process for changing this fee.
TSA sought comments on issues such as how to impose the ASIF, and 
whether, when, and how often the ASIF should be adjusted. The comment 
period was extended on the notice for an additional 30 days, until 
February 5, 2004, at the request of the Air Transport Association.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice; Requesting Comment- 
Imposition of the Aviation 
Security Infrastructure Fee 
(ASIF)                          11/05/03                    68 FR 62613
Notice-Imposition of ASIF 
Comment Period Extended         12/31/03                    68 FR 75611
Notice-Imposition of ASIF 
Comment Period End              01/05/04
Notice-Imposition of ASIF 
Extended Comment Period End     02/05/04
NPRM                            11/00/05

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Randall Fiertz, Chief, Office of Revenue, Department of 
Homeland Security, Transportation Security Administration, TSA HQ, 
Finance and Administration, West Building, Floor 5, TSA-14, Finance and 
Administration, TSA-14, HQ, West

[[Page 26970]]

Building, Floor 5, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-1080
Email: [email protected]

Greg Moxness, Director, Regulatory and Economic Analysis, Department of 
Homeland Security, Transportation Security Administration, Office of 
the Chief Counsel, TSA-2, HQ, E12-309N, 601 South 12th Street, 
Arlington, VA 22202-4220
Phone: 571 227-1002
Email: [email protected]

Linda L. Kent, Attorney-Advisor, Department of Homeland Security, 
Transportation Security Administration, Office of the Chief Counsel, 
TSA-2, HQ, E12-126S, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-2675
Email: [email protected]

Related RIN: Related to 1652-AA01
RIN: 1652-AA43
_______________________________________________________________________




1249. DUE PROCESS FOR FAA CERTIFICATE HOLDERS AND FOR OTHER THREAT 
ASSESSMENTS

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 49 USC 114; 48 USC 5103; 49 USC 40113; 49 USC 44901 to 
44907; 49 USC 44913; 49 USC 44914; 49 USC 44916; 49 USC 44935; 49 USC 
44936; 49 USC 44942; 49 USC 46105; 49 USC 46111

CFR Citation: 49 CFR 1540

Legal Deadline: None

Abstract: This action provides administrative appeal procedures for 
U.S. citizens that hold or are applying for a certificate, rating, or 
authorization issued by the Federal Aviation Administration (FAA) to 
challenge a determination by the Transportation Security Administration 
(TSA) that the individual poses a threat to transportation, aviation, 
or national security.
The procedures implement the new requirements of Vision 100--Century of 
Aviation Reauthorization Act (Pub. L. 108-176: 12/12/2003; 117 Stat. 
2490) and provide U.S. citizens that hold an FAA certificate, rating, 
or authorization the opportunity to request a hearing on the record 
before an administrative law judge as well as final review by a panel 
of the Transportation Security Oversight Board. This action also 
provides aliens lawfully admitted for permanent residence in the United 
States that hold or apply for a FAA certificate, rating, or 
authorization and that are determined by TSA to be a risk to 
transportation, aviation, or national security the opportunity to seek 
review of such a determination.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/05

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Robert Seasonwein, Assistant Chief Counsel for Criminal 
Enforcement, Department of Homeland Security, Transportation Security 
Administration, Office of the Chief Counsel, TSA-2, HQ, E12-303N, 601 
South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-2542
Fax: 571 227-1380
Email: [email protected]

Linda L. Kent, Attorney-Advisor, Department of Homeland Security, 
Transportation Security Administration, Office of the Chief Counsel, 
TSA-2, HQ, E12-126S, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-2675
Email: [email protected]

Related RIN: Split from 1652-AA12, Split from 1652-AA15
RIN: 1652-AA44
_______________________________________________________________________




1250. [bull] REGISTERED TRAVELER

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

Legal Authority: PL 107-071, sec 109

CFR Citation: 49 CFR 1540; 49 CFR 1542

Legal Deadline: None

Abstract: TSA is proposing to revise current transportation security 
regulations to establish a voluntary Registered Traveler (RT) program. 
Registered Travelers are individuals who voluntarily have submitted 
biographic and biometric data and have undergone a security threat 
assessment resulting in a determination by the TSA that they are 
eligible for expedited security screening at participating airports. 
Registered Travelers will be required to pay a fee to defray TSA's 
costs for background checks.
The RT program is designed to improve the security screening process by 
helping TSA to align screeners and resources with potential risks. 
Travelers that voluntarily submit to background checks and are approved 
for enrollment will be positively identified at the airport through 
biometric technology. These passengers will be permitted to go through 
expedited security screening, such as a dedicated security checkpoint 
line, which will allow TSA to more efficiently focus its resources.
Section 7208, Biometric Entry and Exit Data System, of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (Pub. L. 108-458; 12/17/
2004), requires the Department of Homeland Security (DHS) to develop 
and implement a registered traveler program to expedite processing of 
travelers entering and exiting the United States, which would be 
integrated with the entry-exit system.
Several statutory provisions express congressional intent that the RT 
program be implemented and funded by user fees: section 109 of the 
Aviation and Transportation Security Act (ATSA), (Pub. L. 107-71; 11/
19/2001; 115 Stat. 597); and section 520 of the Department of Homeland 
Security Appropriations Act, 2004, (Pub. L. 108-90; 10/01/2003; 117 
Stat. 1137).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/05

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Pamela Friedmann, Subject Matter Expert, Department of 
Homeland Security, Transportation Security Administration, Office of 
Transportation Security Policy, TSA-9, HQ, E11, 601 South 12th Street, 
Arlington, VA 22202-4220
Phone: 571 227-3656
Email: [email protected]

Greg Moxness, Director, Regulatory and Economic Analysis, Department of 
Homeland Security, Transportation Security Administration, Office of 
the Chief Counsel, TSA-2, HQ, E12-309N,

[[Page 26971]]

601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-1002
Email: [email protected]

Ellen Siegler, Attorney, Regulations Division, Department of Homeland 
Security, Transportation Security Administration, TSA-2, Office of the 
Chief Counsel, TSA-2, HQ, E12-335N, 601 South 12th Street, Arlington, 
VA 22202-4220
Phone: 571 227-2723
Fax: 571-227-1380
Email: [email protected]

Related RIN: Related to 1652-AA36, Related to 1652-AA41
RIN: 1652-AA47
_______________________________________________________________________




1251. [bull] PRIVACY ACT OF 1974: IMPLEMENTATION OF EXEMPTIONS; SECURE 
FLIGHT RECORDS

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 49 USC 114(l)(1); 49 USC 552a(k)

CFR Citation: 49 CFR 1507

Legal Deadline: None

Abstract: The Transportation Security Administration (TSA) is issuing 
an interim final rule to exempt portions of its system of records (SOR) 
for the Secure Flight Program from several provisions, as yet to be 
determined, of the Privacy Act.
TSA is developing the Secure Flight Program under the mandate in 
section 4012 of the Intelligence Reform and Terrorism Prevention Act of 
2004 (IRTPA) (Pub. L. 108-458; 12/17/2004), which requires TSA to 
assume from aircraft operators the function of comparing passenger 
information to Federal watch lists.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice-Establish Privacy Act 
System of Records (SOR)         09/24/04                    69 FR 57345
Notice-Establish Privacy Act SOR 
Comment Period End              10/25/04
Notice-Privacy Impact Assessment09/24/04                    69 FR 57352
NPRM-Privacy Act; Implementation 
of Exemptions (SOR)             06/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Lisa S. Dean, Privacy Officer, Department of Homeland 
Security, Transportation Security Administration, Office of 
Transportation Security Policy, TSA-9, HQ, E7, 601 South 12th Street, 
Arlington, VA 22202-4220
Phone: 571 227-3947
Fax: 571 227-2555
Email: [email protected]

Brandon B. Straus, Assistant Chief Counsel for Regulations, Department 
of Homeland Security, Transportation Security Administration, TSA-2, 
Chief Counsel, Office of the Chief Counsel, TSA-2, HQ, E12-318N, 601 
South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-2724
Fax: 571 227-1379
Email: [email protected]

Related RIN: Related to 1652-AA45
RIN: 1652-AA48
_______________________________________________________________________


Department of Homeland Security (DHS)                  Final Rule Stage


Transportation Security Administration (TSA)



_______________________________________________________________________




1252. SECURITY THREAT ASSESSMENT FOR INDIVIDUALS APPLYING FOR A 
HAZARDOUS MATERIALS ENDORSEMENT FOR A COMMERCIAL DRIVERS LICENSE

Priority: Other Significant

Legal Authority: 49 USC 114; 49 USC 5103a; 49 USC 40113; 49 USC 46105

CFR Citation: 49 CFR 1572

Legal Deadline: None

Abstract: The Transportation Security Administration (TSA) will take 
final action on the November 24, 2004, interim final rule by responding 
to comments.
This action, initiated with a rule published on May 5, 2003, implements 
requirements in the Safe Explosives Act and the USA Patriot Act, 
relating to security threat assessments of commercial truck drivers who 
are authorized to transport hazardous materials.
This rule amends the May 5 rule by providing additional guidance to the 
States and industry on the process for collecting fingerprints and 
information from commercial drivers who apply to obtain or renew a 
hazardous materials endorsement. In addition, the rule requires the 
States to formally decide whether they will collect this information or 
whether TSA will complete the collection. TSA has added definitions, 
and made organizational and substantive changes to the current 
standards codified at 49 Code of Federal Regulations (CFR) part 1572.
The rule moves the start date of the fingerprint-based checks for 
transfer and renewal applicants to May 31, 2005. TSA made these changes 
in response to comments received from the affected parties and to 
clarify further the implementation of this program.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              05/05/03                    68 FR 23852
Interim Final Rule Effective    05/05/03
Interim Final Rule Comment 
Period End                      07/07/03
Interim Final Rule; Amendment   11/07/03                    68 FR 63033
Interim Final Rule; Amendment 
Effective                       11/03/03
Final Rule                      04/06/04                    69 FR 17969
Final Rule Effective            04/06/04
Interim Final Rule              11/24/04                    69 FR 68720
Interim Final Rule Effective    11/24/04
Interim Final Rule Comment 
Period End                      12/27/04
Final Rule                      09/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Governmental Jurisdictions

Government Levels Affected: Federal, State

Additional Information: Transferred from RIN 2110-AA19

[[Page 26972]]

Agency Contact: George Petersen, Deputy Program Manager, Department of 
Homeland Security, Transportation Security Administration, Office of 
Credentialing & Vetting, TSA-19, HQ E8, 601 South 12th Street, 
Arlington, VA 22202-4220
Phone: 571 227-2215
Email: [email protected]

Willie Abney, Economist, Department of Homeland Security, 
Transportation Security Administration, Office of Transportation 
Security Policy, TSA-9, HQ, E3, 601 South 12th Street, Arlington , VA 
22202-4220
Phone: 571 227-2610
Fax: 571-227-1374
Email: [email protected]

Christine Beyer, Attorney, Regulations Division, Department of Homeland 
Security, Transportation Security Administration, TSA-2, Chief Counsel, 
Office of the Chief Counsel, TSA-2, HQ, E12-336N, 601 South 12th 
Street, Arlington, VA 22202-4220
Phone: 571 227-2657
Email: [email protected]

Related RIN: Related to 1652-AA33
RIN: 1652-AA17
_______________________________________________________________________




1253. AIR CARGO SECURITY REQUIREMENTS

Priority: Other Significant

Legal Authority: 49 USC 114; 49 USC 5103; 49 USC 40113; 49 USC 44901 to 
44907; 49 USC 44913 to 44914; 49 USC 44916 to 44918; 49 USC 44935 to 
44936; 49 USC 44942; 49 USC 46105

CFR Citation: 49 CFR 1540; 49 CFR 1542; 49 CFR 1544; 49 CFR 1546; 49 
CFR 1548

Legal Deadline: Final, Statutory, August 14, 2005, Section 4053 of 
IRPTA requires TSA to issue a final rule NLT 240 days from enactment to 
enhance and improve the security of air cargo transported in both 
passenger and all-cargo aircraft.
Section 4053 of the Intelligence Reform and Terrorism Prevention Act of 
2004 (IRTPA) (Pub. L. 108-458), mandates that TSA issue a final rule 
not later than 240 days from enactment.

Abstract: The Transportation Security Administrations (TSA) is 
proposing these amendments after extensive consultation with industry 
through its Aviation Security Advisory Committee, and with other 
Federal agencies including the Department of Transportation and Bureau 
of Customs and Border Protection.
This rulemaking would amend current transportation security regulations 
to enhance and improve the security of air cargo transportation, by 
requiring the adoption of security measures throughout the air cargo 
supply chain--applicable to airport operators, aircraft operators, 
foreign air carriers, and indirect air carriers.
These proposed regulatory requirements would impose significant 
barriers to terrorists seeking to use the air cargo transportation 
system for malicious purposes. This proposal would also change the 
requirement for a Twelve-Five Program from aircraft with a maximum 
certificated takeoff weight ``of 12,500 pounds or more'' to ``more than 
12,500 pounds.'' This change would conform the regulation to recent 
legislation.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/10/04                    69 FR 65258
NPRM Comment Period End         01/10/05
Final Rule                      08/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Pamela Hamilton, Director, Aviation Inspections, 
Department of Homeland Security, Transportation Security 
Administration, Office of Aviation Operations, TSA-7, HQ, E3, 601 South 
12th Street, Arlington, VA 22202-4220
Phone: 571 227-2623
Fax: 571 227-1374
Email: [email protected]

Benjamin Klein, Attorney, Regulations Division, Department of Homeland 
Security, Transportation Security Administration, TSA-2, Chief Counsel, 
Office of the Chief Counsel, TSA-2, HQ, E12-333N, 601 South 12th 
Street, Arlington, VA 22202-4220
Phone: 571 227-2694
Fax: 571 227-1379
Email: [email protected]

RIN: 1652-AA23
_______________________________________________________________________




1254. PRIVACY ACT OF 1974: IMPLEMENTATION OF EXEMPTIONS; TRANSPORTATION 
SECURITY INTELLIGENCE SERVICE (TSIS) OPERATIONS FILES

Priority: Substantive, Nonsignificant

Legal Authority: 49 USC 114(l)(1); 5 USC 552a(k)

CFR Citation: 49 CFR 1507

Legal Deadline: None

Abstract: The Transportation Security Administration (TSA) is issuing a 
final rule to exempt several systems of records from the Privacy Act of 
1974 by implementing the following changes:
In conjunction with the establishment of a new system of records, 
Transportation Security Intelligence Service (TSIS) Operations Files 
(DHS/TSA 011), TSA published a notice of proposed rulemaking (NPRM) on 
December 10, 2004, to exempt this system of records (SOR) from several 
provisions of the Privacy Act. The purpose of this system is to 
maintain records on intelligence, counterintelligence, transportation 
security, and information systems security matters as they relate to 
TSA's mission of protecting the nation's transportation systems.
TSA proposes adding 5 U.S.C. 552a(k)(1) as an authority to exempt the 
Personnel Background Investigation File System (DHS/TSA 004) from the 
provisions previously claimed for this system that allows TSA to 
maintain investigative and background records used to make suitability 
and eligibility determinations for employment.
Finally, TSA proposes adding 5 U.S.C. 552a(j)(2) as an authority to 
exempt the Transportation Security Enforcement Record System (TSERS) 
(DHS/TSA 001) and the Internal Investigation Record System (DHS/TSA 
005) from the provisions previously claimed for those two systems and 
to now include subsection (e)(3) of the Privacy Act. DHS/TSA 001 serves 
as an enforcement docket system while DHS/TSA 005 is maintained to 
facilitate the management of investigations into allegations or 
appearances of misconduct by current and former TSA employees or 
contractors and is being modified to cover investigations of security-
related incidents and reviews of TSA programs and operations.

[[Page 26973]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice-Establish or Alter 
Privacy Act Systems of Records 
(SOR)                           08/18/03                    68 FR 49496
Notice-Establish or Alter 
Privacy Act SOR Comment Period 
End                             09/17/03
Notice-Establish or Alter 
Privacy Act Systems of Records  12/10/04                    69 FR 71828
Notice-Establish or Alter 
Privacy Act SOR Comment Period 
End                             01/10/05
NPRM-Privacy Act; Implementation 
of Exemptions                   12/10/04                    69 FR 71767
NPRM-Privacy Act; Implementation 
of Exemptions; Comment Period 
End                             01/10/05
Final Rule-Privacy Act; 
Implementation of Exemptions    09/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Lisa S. Dean, Privacy Officer, Department of Homeland 
Security, Transportation Security Administration, Office of 
Transportation Security Policy, TSA-9, HQ, E7, 601 South 12th Street, 
Arlington, VA 22202-4220
Phone: 571 227-3947
Fax: 571 227-2555
Email: [email protected]

Brandon B. Straus, Assistant Chief Counsel for Regulations, Department 
of Homeland Security, Transportation Security Administration, TSA-2, 
Chief Counsel, Office of the Chief Counsel, TSA-2, HQ, E12-318N, 601 
South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-2724
Fax: 571 227-1379
Email: [email protected]

RIN: 1652-AA34
_______________________________________________________________________




1255. PRIVACY ACT OF 1974: IMPLEMENTATION OF EXEMPTIONS; REGISTERED 
TRAVELER OPERATIONS FILES

Priority: Substantive, Nonsignificant

Legal Authority: 49 USC 114 (l)(1); 5 USC 552a(j); 5 USC 552a(k); 49 
USC 40113

CFR Citation: 49 CFR 1507

Legal Deadline: None

Abstract: The Transportation Security Administration (TSA) is issuing a 
final rule that will exempt the Registered Traveler Operations Files 
(DHS/TSA 015) from several provisions of the Privacy Act of 1974, to 
prevent the unauthorized disclosure of classified and law enforcement 
information.
In conjunction with the notice of establishment of the Registered 
Traveler Operations Files (DHS/TSA 015), TSA published a notice of 
proposed rulemaking (NPRM) on September 8, 2004, to exempt this system 
of records (SOR) from several provisions of the Privacy Act. 
Specifically, the TSA proposed to exempt the system of records from 5 
U.S.C. 552a(c)(3) (accounting of disclosures); (d) (access to records); 
(e)(1) (relevancy and necessity of information); (e)(4)(G), (H) and (I) 
(agency requirements); and (f) (agency rules) pursuant to exemptions 
(k)(1) and (k)(2) of the Act. TSA did not receive any comments on the 
proposed rule.
Registered Traveler Operations Files (DHS/TSA 015) will be used to 
conduct a Registered Traveler (RT) Pilot Program in a limited number of 
airports to test and evaluate the merits of the RT concept on a 
completely voluntary basis. RT is designed to pre-screen and positively 
identify volunteer travelers using advanced identification technologies 
and conduct a terrorist-focused background check to ensure that the 
volunteer is not connected to terrorists or terrorist activity. This 
system may expedite the pre-boarding process for the traveler and 
improve the allocation of TSA's security resources on individuals who 
may pose a security threat. All passengers who volunteer and are deemed 
eligible for the RT pilot program will be required to undergo screening 
at the screening checkpoint in the selected pilot locations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice-Establish Privacy Act 
Systems of Records (SOR)        06/01/04                    69 FR 30948
Notice-Establish Privacy Act SOR 
Comment Period End              07/01/04
NPRM-Privacy Act; Implementation 
of Exemptions                   09/08/04                    69 FR 54256
NPRM-Privacy Act; Implementation 
of Exemptions; Comment Period 
End                             10/08/04
Final Rule-Privacy Act; 
Implementation of Exemptions    09/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Lisa S. Dean, Privacy Officer, Department of Homeland 
Security, Transportation Security Administration, Office of 
Transportation Security Policy, TSA-9, HQ, E7, 601 South 12th Street, 
Arlington, VA 22202-4220
Phone: 571 227-3947
Fax: 571 227-2555
Email: [email protected]

Pamela Friedmann, Subject Matter Expert, Department of Homeland 
Security, Transportation Security Administration, Office of 
Transportation Security Policy, TSA-9, HQ, E11, 601 South 12th Street, 
Arlington, VA 22202-4220
Phone: 571 227-3656
Email: [email protected]

Ellen Siegler, Attorney, Regulations Division, Department of Homeland 
Security, Transportation Security Administration, Office of the Chief 
Counsel, TSA-2, HQ, E12-335N, 601 South 12th Street, Arlington, VA 
22202-4220
Phone: 571 227-2723
Email: [email protected]

Related RIN: Related to 1652-AA47
RIN: 1652-AA36
_______________________________________________________________________




1256. SECURE FLIGHT PROGRAM

Priority: Economically Significant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 49 USC 114; 49 USC 40113; 49 USC 44901 to 44903

CFR Citation: 49 CFR 1560

Legal Deadline: Final, Statutory, August 17, 2005, IRPTA requires TSA 
to implement the advanced passenger prescreening system within 180 days 
of testing completion.

[[Page 26974]]

Sec. 4012 of the Intelligence Reform and Terrorism Prevention Act of 
2004 (IRTPA) (Pub. L. 108-458; 12/17/2004) requires that not later than 
January 1, 2005, TSA commence testing of an advanced passenger 
prescreening system; and that not later than 180 days after completion 
of testing, TSA begin to assume the performance of the passenger 
prescreening function.

Abstract: The Transportation Security Administration (TSA) is issuing a 
rule to implement the requirement in section 4012 of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (IRTPA) (Pub. L. 108-458; 
12/17/2004) that TSA assume from aircraft operators the performance of 
the passenger screening function of comparing passenger information to 
the automatic selectee and no fly lists and utilize all appropriate 
records in the consolidated and integrated terrorist watchlist 
maintained by the Federal Government in performing that function. The 
rule will require aircraft operators to provide the Federal Government 
with passenger information for certain flights operated within the 
United States for use in such a screening process.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice-Information Collection; 
Emergency Processing            09/24/04                    69 FR 57342
Notice-Final Order for Secure 
Flight Test Phase; Response to 
Public Comments                 11/15/04                    69 FR 65619
Interim Final Rule; Request for 
Comments                        06/00/05

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Kapila Juthani, Attorney, Regulations Division, 
Department of Homeland Security, Transportation Security 
Administration, Office of the Chief Counsel, TSA-2, HQ, E12-309N, 601 
South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-1185
Fax: 571 227-1378
Email: [email protected]

Willie Abney, Economist, Department of Homeland Security, 
Transportation Security Administration, Office of Transportation 
Security Policy, TSA-9, HQ, E3, 601 South 12th Street, Arlington , VA 
22202-4220
Phone: 571 227-2610
Fax: 571-227-1374
Email: [email protected]

Justin Oberman, Assistant Administrator, Department of Homeland 
Security, Transportation Security Administration, Office of 
Transportation Credentialing & Vetting, TSA-19, HQ, E8-358N, 601 South 
12th Street, Arlington , VA 22202-4220
Phone: 571 227-1637
Fax: 571 227-1903
Email: [email protected]

Related RIN: Related to 1652-AA48
RIN: 1652-AA45
_______________________________________________________________________




1257. [bull] TECHNICAL AMENDMENT: ADMINISTRATIVE CHANGE TO THE OFFICIAL 
TITLE OF THE HEAD OF TSA

Priority: Info./Admin./Other

Legal Authority: 6 USC 113(a)(8); 49 USC 114(b); 49 USC 40113

CFR Citation: 49 CFR 1500; 49 CFR 1502; 49 CFR 1503; 49 CFR 1510; 49 
CFR 1511; 49 CFR 1520; 49 CFR 1540; 49 CFR 1542; 49 CFR 1544; 49 CFR 
1546; 49 CFR 1548; 49 CFR 1572

Legal Deadline: None

Abstract: TSA is issuing a final rule making a technical change to the 
Transportation Security Regulations (TSR) to reflect a change in the 
official title of the head of TSA. Under the TSRs, the organizational 
head of TSA is referred to as the Administrator. This rule revises the 
definition of Administrator to reflect the appointment of the head of 
TSA as the Assistant Secretary of Homeland Security (Transportation 
Security Administration). This rule makes conforming technical changes 
to various parts of the TSRs, revising, where appropriate, all 
references to the title of the TSA ``Administrator.'' This regulation 
also makes conforming changes to the general definitions sections and 
revises any references to our Headquarters Visitors Center and Pass 
Office address, as necessary, due to its relocation from building 701 
to building 601. This rule relates only to agency organization, 
procedure, and practice and will have no substantive effect on the 
public.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule-Technical Amendment  09/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Marisa Mullen, Senior Rulemaking Analyst, Regulations 
Division, Department of Homeland Security, Transportation Security 
Administration, TSA-2, Chief Counsel, Office of the Chief Counsel, TSA-
2, HQ, E12-314N, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-2706
Fax: 571 227-1378
Email: [email protected]

RIN: 1652-AA46
_______________________________________________________________________


Department of Homeland Security (DHS)                 Long-Term Actions


Transportation Security Administration (TSA)



_______________________________________________________________________




1258. IMPOSITION AND COLLECTION OF PASSENGER CIVIL AVIATION SECURITY 
SERVICE FEES

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 49 USC 44940

CFR Citation: 49 CFR 1510

Legal Deadline: Final, Statutory, January 19, 2002, Section 118 directs 
TSA to impose uniform security service fees on certain aviation 
passengers within 60 days of enactment of ATSA, or as soon as possible 
thereafter.
Sec. 118 of the Aviation and Transportation Security Act (ATSA) (Pub.L. 
107--71;11/19/2001), codified at 49 USC 44940, requires that within 60 
days of ATSA's enactment, or as soon as possible thereafter, TSA impose 
uniform security service fees on passengers of domestic and foreign air 
carriers in air transportation; publish notice of these fees in the 
Federal Register; and exempts TSA from procedural rulemaking 
requirements of

[[Page 26975]]

5 USC 553 and the user fees requirements from 31 USC 9701.

Abstract: The Transportation Security Administration (TSA) will take 
final action on the December 31, 2001, interim final rule (IFR) by 
completing an economic analysis and responding to comments received.
That IFR established passenger civil aviation security service fees, 
known as the `'September 11th Security Fee,'' in the amount of $2.50 
per emplanement on passengers of domestic and foreign carriers in air 
transportation, foreign air transportation, and intrastate air 
transportation originating in the United States, up to $5.00 per one-
way trip and $10.00 per round trip. The fees are required under 49 
U.S.C. 44940 to pay TSA for the costs of providing Federal civil 
aviation security services.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule; Request for 
Comments                        12/31/01                    66 FR 67698
Interim Final Rule Effective    12/31/01
Notice-Information Collection; 
Emergency Processing            01/31/02                     67 FR 4866
Notice-Information Collection; 
Approval                        02/19/02                     67 FR 7582
Interim Final Rule Comment 
Period End                      03/01/02
Interim Final Rule Comment 
Period Reopened                 03/28/02                    67 FR 14879
Interim Final Rule Reopened 
Comment Period End              04/30/02
Notice-Information Collection; 
30-Day Renewal                  07/10/02                    67 FR 45784
Final Rule                       To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Additional Information: Transferred from RIN 2110-AA01

Agency Contact: Randall Fiertz, Chief, Office of Revenue, Department of 
Homeland Security, Transportation Security Administration, TSA HQ, 
Finance and Administration, West Building, Floor 5, TSA-14, Finance and 
Administration, TSA-14, HQ, West Building, Floor 5, 601 South 12th 
Street, Arlington, VA 22202-4220
Phone: 571 227-1080
Email: [email protected]

Greg Moxness, Director, Regulatory and Economic Analysis, Department of 
Homeland Security, Transportation Security Administration, Office of 
the Chief Counsel, TSA-2, HQ, E12-309N, 601 South 12th Street, 
Arlington, VA 22202-4220
Phone: 571 227-1002
Email: [email protected]

Linda Kent, Attorney, Regulations Division, Department of Homeland 
Security, Transportation Security Administration, Office of the Chief 
Counsel, TSA-2, HQ, E12-309N, 601 South 12th Street, Arlington, VA 
22202-4220
Phone: 571 227-2663
Fax: 571 227-1378
Email: [email protected]

Related RIN: Related to 1652-AA01
RIN: 1652-AA00
_______________________________________________________________________




1259. AVIATION SECURITY INFRASTRUCTURE FEES

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 49 USC 114; 49 USC 40113; 49 USC 44901; 49 USC 44940

CFR Citation: 49 CFR 1511

Legal Deadline: None

Abstract: The Transportation Security Administration (TSA) will take 
final action on the February 20, 2002, interim final rule (IFR) by 
completing an economic analysis and responding to comments received.
The IFR established the Aviation Security Infrastructure Fee (ASIF) 
imposed on air carriers and foreign air carriers in air transportation, 
foreign air transportation, and intrastate air transportation to help 
defray TSA's costs of providing U.S. civil aviation security services.
The Aviation and Transportation Security Act (ATSA) (Pub. L. 107--71; 
11/19/2001), codified at 49 U.S.C. 44940, requires TSA to impose a 
uniform fee, the ``September 11th Security Fee,'' on certain aviation 
passengers at no more than $2.50 per enplanement originating in the 
United States, up to $5.00 per one-way trip and $10.00 per round trip.
To the extent that TSA estimates that the September 11th Security Fee 
will not cover TSA's estimated annual costs for providing specified 
security services, ATSA authorizes TSA to impose a second fee, the 
ASIF, on carriers based on the costs they incurred for screening 
passengers and property in calendar year 2000. Beginning in fiscal year 
2005, TSA may change the way the ASIF is apportioned among air carriers 
according to a carrier's market share or other appropriate measure, in 
lieu of the carrier's actual screening costs in calendar year 2000. See 
49 U.S.C. 44940(2)(B)(iii). Reapportionment of the ASIF will be the 
subject of a separate rulemaking.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule; Request for 
Comments                        02/20/02                     67 FR 7926
Interim Final Rule Effective    02/18/02
Interim Final Rule Correction   02/25/02                     67 FR 8579
Notice-Information Collection; 
Approval                        02/28/02                     67 FR 9355
Interim Final Rule Comment 
Period End                      03/18/02
Interim Final Rule Comment 
Period Extended                 03/20/02                    67 FR 12954
Interim Final Rule Extension of 
Comment Period End              04/02/02
Notice-Guidance Appendix A      05/01/02                    67 FR 21582
Notice-Information Collection; 
60-Day New Collection           01/27/04                     69 FR 3938
Notice-Information Collection; 
30-Day New Collection           05/18/04                    69 FR 28141
Final Rule                       To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Additional Information: Transferred from RIN 2110-AA02

Agency Contact: Randall Fiertz, Chief, Office of Revenue, Department of 
Homeland Security, Transportation Security Administration, TSA HQ, 
Finance and Administration, West Building, Floor 5, TSA-14, Finance and 
Administration, TSA-14, HQ, West Building, Floor 5, 601 South 12th 
Street, Arlington, VA 22202-4220
Phone: 571 227-1080
Email: [email protected]


[[Page 26976]]


Greg Moxness, Director, Regulatory and Economic Analysis, Department of 
Homeland Security, Transportation Security Administration, Office of 
the Chief Counsel, TSA-2, HQ, E12-309N, 601 South 12th Street, 
Arlington, VA 22202-4220
Phone: 571 227-1002
Email: [email protected]

Linda Kent, Attorney, Regulations Division, Department of Homeland 
Security, Transportation Security Administration, Office of the Chief 
Counsel, TSA-2, HQ, E12-309N, 601 South 12th Street, Arlington, VA 
22202-4220
Phone: 571 227-2675
Fax: 571 227-1378
Email: [email protected]

Related RIN: Related to 1652-AA00, Related to 1652-AA43
RIN: 1652-AA01
_______________________________________________________________________




1260. CIVIL AVIATION SECURITY RULES

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 49 USC 40101 et seq (PL 107-71)

CFR Citation: 14 CFR 91; 14 CFR 107 to 109; 14 CFR 121; 14 CFR 129; 14 
CFR 135; 14 CFR 139; 14 CFR 191; 49 CFR 1500 to 1550

Legal Deadline: Final, Statutory, February 19, 2002, ATSA requires TSA 
to transfer aviation security responsibilities from FAA to TSA within 3 
months of enactment of ATSA.
The Aviation and Transportation Security Act (ATSA) (Pub. L. 107--71; 
11/19/2001), mandated that not later than 3 months after the date of 
enactment of this Act, TSA assume civil aviation security functions and 
responsibilities under chapter 449 of 49 U.S.C., in accordance with a 
schedule to be developed by the Secretary of Transportation, in 
consultation with air carriers, foreign air carriers, and the 
Administrator of the Federal Aviation Administration.

Abstract: The Transportation Security Administration (TSA) will take 
final action on the February 22, 2002, final rule; request for 
comments, by completing an economic analysis and responding to comments 
received.
On December 28, 2001 (66 FR 67117), the U.S. Department of 
Transportation (DOT) pursuant to the Aviation and Transportation 
Security Act (Pub. L. 107--71; 11/19/2001), published a final rule 
amending 49 U.S.C. part 1, to reflect the new DOT operating 
administration (TSA) and its general responsibilities.
On February 22, 2002, TSA published a final rule, with a request for 
comments, transferring the Federal Aviation Administration's (FAA) 
rules (14 CFR) governing civil aviation security to TSA (49 CFR). That 
rulemaking also amended those rules to enhance security as required by 
ATSA, codified at 49 U.S.C. 44940. ATSA requires that by November 19, 
2002, the responsibility for inspecting persons and property carried by 
aircraft operators and foreign air carriers be transferred to TSA and 
that TSA make a number of improvements to aviation security screening 
in the United States; including that screening of individuals and 
property be conducted by TSA employees and companies under contract 
with TSA; enhanced qualifications and training of screeners; and that 
Federal law enforcement officers be present at screening locations.
It was intended to improve the quality of screening conducted by 
aircraft operators and foreign air carriers; to improve the 
qualifications of individuals performing screening, and thereby to 
improve the level of security in air transportation. The rule helped 
ensure a smooth transition of aviation security from the FAA to TSA, 
and avoid disruptions in air transportation due to any shortage of 
qualified screeners.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule                      12/28/01                    66 FR 67117
Final Rule Effective            12/28/01
Final Rule; Request for Comments02/22/02                     67 FR 8340
Final Rule Effective            02/17/02
Final Rule Comment Period End   03/25/02
Final Rule                       To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Additional Information: Transferred from RIN 2110-AA03

Agency Contact: Greg Moxness, Director, Regulatory and Economic 
Analysis, Department of Homeland Security, Transportation Security 
Administration, Office of Transportation Security Policy, TSA-9, HQ, 
E3-202S, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-1002
Fax: 571 227-1378
Email: [email protected]

Benjamin Klein, Attorney, Regulations Division, Department of Homeland 
Security, Transportation Security Administration, TSA-2, Chief Counsel, 
Office of the Chief Counsel, TSA-2, HQ, E12-333N, 601 South 12th 
Street, Arlington, VA 22202-4220
Phone: 571 227-2694
Fax: 571 227-1379
Email: [email protected]

RIN: 1652-AA02
_______________________________________________________________________




1261. SECURITY PROGRAMS FOR AIRCRAFT WEIGHING 12,500 POUNDS OR MORE

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 49 USC 114; 49 USC 5103; 49 USC 40119; 49 USC 44901 to 
44907; 49 USC 44913; 49 USC 44914; 49 USC 44916 to 44918; 49 USC 44935; 
49 USC 44936; 49 USC 44942; 49 USC 46105

CFR Citation: 49 CFR 1540; 49 CFR 1544

Legal Deadline: Final, Statutory, February 19, 2002, Sec. 132(a) of 
ATSA requires TSA implement an aviation security program for certain 
air carriers within 90 days of enactment of ATSA.
Sec. 132(a) of the Aviation and Transportation Security Act (ATSA) 
(Pub.L. 107--71; 11/19/2001), codified at 49 U.S.C. 44940, requires 
that within 90 days of ATSA's enactment, TSA implement an aviation 
security program for charter air carriers (as defined in sec. 
40102(a)(13) of title 49, United States Code) with a maximum 
certificated takeoff weight of 12,500 pounds or more.

Abstract: The Transportation Security Administration (TSA) will take 
final action on the February 22, 2002, final rule, known as the 
``Twelve-Five Rule,'' by completing an economic analysis and responding 
to comments received.
The rule required operators of aircraft with a maximum certificated 
takeoff weight of 12,500 pounds or more to implement a TSA-approved 
security program, known as the ``Twelve-Five

[[Page 26977]]

Security Program.'' The rule also required that certain aircraft 
operators conduct criminal history records checks on their flightcrew 
members, and restrict access to the flight deck. These measures were 
necessary to comply with congressional mandates and to enhance security 
in air transportation.
Security programs constitute sensitive security information (SSI), 
which are disclosed only to persons with a need to know, in accordance 
with 49 CFR part 1520. Therefore, the proposed Twelve-Five Security 
Program was distributed for comment only to the operators subject to 
the rule. TSA received comments on the proposed security program and 
amended the program, where appropriate, to accommodate the comments 
received. TSA provided the final security program to affected entities, 
and completed a training program for the operators to use to ensure 
that they operate in accordance with the final security program. In 
addition, TSA developed a fingerprint collection process that enables 
all affected operators to complete the fingerprint-based criminal 
history records checks of their flightcrew members, as required by the 
Twelve-Five Rule. Affected operators were required to be in compliance 
with the rule by April 1, 2003.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule; Request for Comments02/22/02                     67 FR 8205
Final Rule Comment Period End   04/23/02
Final Rule Effective            06/24/02
Notice-Extend Compliance Date to 
12/01/2002                      08/28/02                    67 FR 55308
Notice-Extend Compliance Date; 
Comment Period End              09/30/02
Notice-Extend Compliance Date to 
02/01/2003                      11/08/02                    67 FR 68227
Notice-Extend Compliance Date to 
04/01/2003                      02/05/03                     68 FR 5974
Notice-Information Collection 60 
Day Renewal                     11/26/03                    68 FR 66473
Notice-Information Collection 30 
Day Renewal                     02/11/04                     69 FR 6683
Final Rule                       To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected:  Businesses

Government Levels Affected: None

Additional Information: Transferred from RIN 2110-AA04

Agency Contact: Lon M. Siro, Security Specialist, Department of 
Homeland Security, Transportation Security Administration, TSA-7-500, 
Air Carrier Operations Division, Aviation Operations, HQ, East Bldg, 
Floor 11, TSA-7, 601 South 12th Street, Arlington, VA 22202
Phone: 571 227-2217
Email: [email protected]

Greg Moxness, Director, Regulatory and Economic Analysis, Department of 
Homeland Security, Transportation Security Administration, Office of 
the Chief Counsel, TSA-2, HQ, E12-309N, 601 South 12th Street, 
Arlington, VA 22202-4220
Phone: 571 227-1002
Email: [email protected]

Christine Beyer, Attorney, Regulations Division, Department of Homeland 
Security, Transportation Security Administration, TSA-2, Chief Counsel, 
Office of the Chief Counsel, TSA-2, HQ, E12-336N, 601 South 12th 
Street, Arlington, VA 22202-4220
Phone: 571 227-2657
Email: [email protected]

Related RIN: Related to 1652-AA04
RIN: 1652-AA03
_______________________________________________________________________




1262. PRIVATE CHARTER SECURITY RULES

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 49 USC 114; 49 USC 5102; 49 USC 40119; 49 USC 44901 to 
44907; 49 USC 44913; 49 USC 44914; 49 USC 44916 to 44918; 49 USC 44935; 
49 USC 44936; 49 USC 44942; 49 USC 46105

CFR Citation: 49 CFR 1540; 49 CFR 1544

Legal Deadline: Final, Statutory, February 19, 2002, Section 132 (a) of 
ATSA requires TSA to implement an aviation security program for certain 
air carriers within 90 days after enactment of ATSA.
Section 132(a) of the Aviation and Transportation Security Act (ATSA) 
(Pub.L. 107--71; 11/19/2001), codified at 49 U.S.C. 44940, requires 
that within 90 days of ATSA's enactment, TSA implement an aviation 
security program for charter air carriers (as defined in sec. 
40102(a)(13) of title 49, United States Code) with a maximum 
certificated takeoff weight of 12,500 pounds or more.

Abstract: The Transportation Security Administration (TSA) will take 
final action on the December 31, 2002, final rule by completing an 
economic analysis.
This current rule amends the requirements applying to private charter 
passenger aircraft to increase the level of security required in 
private charter operations. TSA adopted an international security 
standard, in which Private charter operations in aircraft with a 
maximum certificated takeoff weight (MTOW) greater than 45,500 kg 
(100,309.3 pounds), or with a passenger seating configuration of 61 or 
more, are required to ensure that passengers and their accessible 
property are screened prior to boarding.
In response to section 132(a) of the Aviation and Transportation 
Security Act (ATSA) requirement that TSA implement an aviation security 
program for charter air carriers, TSA published a final rule on 
February 22, 2002, known as the ``Twelve-Five Rule.'' The rule required 
operators of aircraft with a maximum certificated takeoff weight of 
12,500 pounds or more to implement a TSA-approved security program, 
known as the ``Twelve-Five Security Program.''
In June 2002, TSA issued another final rule, request for comments, that 
required private charter operators using aircraft with a maximum 
certificated takeoff weight of 95,000 pounds or more, to ensure that 
passengers and their carry-on baggage are screened prior to boarding. 
However, in response to the comments received from this rule and after 
further analysis, TSA determined that this threshold did not adequately 
capture the appropriate group of aircraft, so TSA published a further 
amendment in December 2002, adopting the international security 
standard above for private charter operations. As a result of this 
current amendment, additional aircraft are now covered by the rule that 
were not previously subject to it. TSA established a new compliance 
date for operators of these aircraft, in order to provide them 
sufficient time to develop procedures required by this rule and the 
security program. Also, in response to comments received, TSA is

[[Page 26978]]

permitting the use of non-TSA screeners in certain circumstances.
Security programs constitute sensitive security information (SSI), 
which can be disclosed only to persons with a need to know, in 
accordance with 49 CFR part 1520. Therefore, the proposed private 
charter security program was distributed for comment only to the 
operators subject to the rule. TSA received comments on the proposed 
security program and amended the program, where appropriate, to 
accommodate the comments received. TSA provided the final security 
program to affected entities, and completed a training program for the 
operators to use to ensure that they operate in accordance with the 
security program. Affected operators were required to be in compliance 
with the rule by April 1, 2003.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule; Request for Comments02/22/02                     67 FR 8205
Final Rule Comment Period End   04/23/02
Final Rule Effective            06/24/02
Final Rule; Request for Comments06/19/02                    67 FR 41635
Final Rule Comment Period End   07/19/02
Final Rule Effective            08/19/02
Notice-Extend Compliance Date to 
12/01/2002                      08/28/02                    67 FR 55309
Notice-Extend Compliance Date; 
Comment Period End              09/30/02
Final Rule                      12/31/02                    67 FR 79881
Final Rule Effective            02/01/03
Notice-Extend Compliance Date to 
04/01/2003                      02/05/03                     68 FR 5975
Notice-Information Collection 60 
Day Renewal                     11/26/03                    68 FR 66473
Notice-Information Collection 30 
Day Renewal                     02/11/04                     69 FR 6683
Final Rule                       To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected:  Businesses

Government Levels Affected: None

Additional Information: Transferred from RIN 2110-AA05

Agency Contact: Lon M. Siro, Security Specialist, Department of 
Homeland Security, Transportation Security Administration, TSA-7-500, 
Air Carrier Operations Division, Aviation Operations, HQ, East Bldg, 
Floor 11, TSA-7, 601 South 12th Street, Arlington, VA 22202
Phone: 571 227-2217
Email: [email protected]

Greg Moxness, Director, Regulatory and Economic Analysis, Department of 
Homeland Security, Transportation Security Administration, Office of 
the Chief Counsel, TSA-2, HQ, E12-309N, 601 South 12th Street, 
Arlington, VA 22202-4220
Phone: 571 227-1002
Email: [email protected]

Christine Beyer, Attorney, Regulations Division, Department of Homeland 
Security, Transportation Security Administration, TSA-2, Chief Counsel, 
Office of the Chief Counsel, TSA-2, HQ, E12-336N, 601 South 12th 
Street, Arlington, VA 22202-4220
Phone: 571 227-2657
Email: [email protected]

Related RIN: Related to 1652-AA03
RIN: 1652-AA04
_______________________________________________________________________




1263. BACKGROUND CHECKS FOR AIRPORT WORKERS

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 49 USC 40101 et seq; PL 107-71

CFR Citation: 49 CFR 1542; 49 CFR 1544

Legal Deadline: None

Abstract: This action would address criminal history record checks 
(CHRC) for individuals who regularly have escorted access to secured 
areas of an airport, individuals who work in sterile areas of an 
airport, and others.
The Aviation and Transportation Security Act (ATSA) (Pub. L. 107--71; 
11/19/2001), codified at 49 U.S.C. section 44936(a)(1)(B) directs TSA 
to publish a regulation requiring an employment investigation 
(including a criminal history record check and a review of available 
law enforcement databases and records of other governmental and 
international agencies) be conducted for certain individuals who work 
in secured areas of an airport.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Additional Information: Transferred from RIN 2110-AA08

Agency Contact: Dion Casey, Attorney, Regulations Division, Department 
of Homeland Security, Transportation Security Administration, TSA-2, 
West Bldg., 8th floor, Office of the Chief Counsel, TSA-2, HQ, E12-
309N, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-2663
Fax: 571 227-1378
Email: [email protected]

Christine Beyer, Attorney, Regulations Division, Department of Homeland 
Security, Transportation Security Administration, TSA-2, Chief Counsel, 
Office of the Chief Counsel, TSA-2, HQ, E12-336N, 601 South 12th 
Street, Arlington, VA 22202-4220
Phone: 571 227-2657
Email: [email protected]

RIN: 1652-AA06
_______________________________________________________________________




1264. PROTECTION OF SENSITIVE SECURITY INFORMATION

Priority: Other Significant

Legal Authority: 49 USC 114; 49 USC 5103; 49 USC 40119; 49 USC 44901 to 
44907; 49 USC 44913; 49 USC 44914; 49 USC 44916 to 44918; 49 USC 44935; 
49 USC 44936; 49 USC 44942; 49 USC 46105

CFR Citation: 49 CFR 15; 49 CFR 1520

Legal Deadline: None

Abstract: The Transportation Security Administration (TSA) will take 
final action on the May 18, 2004, interim final rule (IFR) by 
responding to comments received.
In the IFR, published jointly with the Office of the Secretary of 
Transportation (OST) in May 2004, TSA revised its sensitive security 
information (SSI) regulations to expand the 2002 regulatory framework 
governing information generally related to aviation security to cover 
information related to security in maritime transportation, consistent

[[Page 26979]]

with the security framework required by the U.S. Coast Guard's 
regulations implementing the Maritime Transportation Security Act 
(MTSA). This expansion was the main theme of the IFR. However, the IFR 
also continued TSA's 2002 regulations coverage for vulnerability 
assessments and, with some changes, certain other SSI for all modes.
TSA and OST issued a technical amendment to the IFR in January 2005 to 
address provisions of the regulations that inadvertently restricted 
sharing of SSI. Specifically, the amendment removed the limiting words 
``aviation or maritime'' from 49 CFR 15.11 and 49 CFR 1520.11 in order 
to clearly permit the sharing of vulnerability assessments and other 
documents properly designated as SSI with covered persons who meet the 
need to know requirements regardless of mode of transportation.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule; Request for 
Comments                        05/18/04                    69 FR 28066
Interim Final Rule Effective    06/17/04
Interim Final Rule Comment 
Period End                      07/19/04
Interim Final Rule-Technical 
Amendment                       01/07/05                     70 FR 1379
Final Rule                       To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Additional Information: Joint rulemaking with Department of 
Transportation, Office of the Secretary (RIN No. 2105-AD33)
Transferred from RIN 2110-AA10

Agency Contact: David Graceson, Acting Director, Department of Homeland 
Security, Transportation Security Administration, Aviation Operations 
Litigation Support and Special Activities, TSA-7, HQ, E5-408N, 601 
South 12th Street, Arlington, VA 22202
Phone: 571 227-2277
Fax: 571 227-2939
Email: [email protected]

Dion Casey, Attorney, Regulations Division, Department of Homeland 
Security, Transportation Security Administration, TSA-2, West Bldg., 
8th floor, Office of the Chief Counsel, TSA-2, HQ, E12-309N, 601 South 
12th Street, Arlington, VA 22202-4220
Phone: 571 227-2663
Fax: 571 227-1378
Email: [email protected]

Brandon B. Straus, Assistant Chief Counsel for Regulations, Department 
of Homeland Security, Transportation Security Administration, TSA-2, 
Chief Counsel, Office of the Chief Counsel, TSA-2, HQ, E12-318N, 601 
South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-2724
Fax: 571 227-1379
Email: [email protected]

Related RIN: Related to 1652-AA05
RIN: 1652-AA08
_______________________________________________________________________




1265. SECURITY COMPLIANCE PROGRAM FOR AIRCRAFT OPERATORS

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 49 USC 114; 49 USC 5103; 49 USC 40113; 49 USC 40119; 
49 USC 44901 to 44905

CFR Citation: 49 CFR 1540; 49 CFR 1544

Legal Deadline: None

Abstract: TSA will establish a compliance program for aircraft 
operators to implement and test security contingency plans. The intent 
is to enhance security for the traveling public, air carriers, and 
persons employed by or conducting business at public airports by 
increasing awareness of and compliance with civil aviation security 
measures. This rulemaking will implement section 4 of the Airport 
Security Improvement Act of 2000 (ASIA), (Pub. L. 106-528, 11/22/2000; 
114 Stat. 2517), codified at 49 U.S.C. 44903(g), on improving secured-
area access control.
Rules governing civil aviation security were transferred from the 
Federal Aviation Administration (FAA) to the Transportation Security 
Administration (TSA). Part 108 of title 14 of the Code of Federal 
Regulations (CFR) on Aircraft Operator Security, is now codified in 49 
CFR parts 1540 and 1544.
On August 1, 1997, the FAA published the Airport Security NPRM (Notice 
No. 97-13, 62 FR 41760) and the Aircraft Operator Security NPRM (Notice 
No. 97-12, 62 FR 41730) in the Federal Register for public comment. The 
comment period for both NPRM's closed on December 1, 1997.
These notices proposed to completely revise parts 107 and 108, and 
included a requirement for a compliance program to be included in the 
airport and aircraft operators' security programs. That compliance 
program would include procedures to ensure that those individuals with 
unescorted access authority to critical security areas or restricted 
operations areas comply with the proposed security program 
requirements.
In the aircraft operator security NPRM, the FAA noted that the aircraft 
operators would develop procedures to educate individuals on their 
responsibility and accountability for the control and use of airport 
approved identification media. The aircraft operator must also monitor 
the compliance of individuals with security requirements of part 108. 
Additionally, the NPRM included a discussion on the need for penalties 
being imposed on individuals not in compliance with the airport 
operator's security measures.
There were two comment periods for each NPRM in which four public 
meetings were held to address the proposed revisions for parts 107 and 
108. During these public meetings, several non-supportive comments were 
received on the proposed compliance programs. Based on these comments, 
the FAA reopened the comment period on August 10, 1999 (64 FR 43321), 
to specifically address the compliance programs for both parts 107 and 
108. This new comment period closed on September 24, 1999.
On July 17, 2001, the FAA issued final rules for the revisions of parts 
107 (66 FR 37274) and 108 (66 FR 37330). These rules contain a section 
on the accountability of employees and other persons to carry out 
required security measures. See, sections 107.11 and 108.9.
Those final rules did not include the final compliance program 
requirements, however, which are included in this action.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule                       To Be                       Determined

[[Page 26980]]

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Additional Information: Transferred from RIN 2110-AA11

Agency Contact: Christine Beyer, Attorney, Regulations Division, 
Department of Homeland Security, Transportation Security 
Administration, TSA-2, Chief Counsel, Office of the Chief Counsel, TSA-
2, HQ, E12-336N, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-2657
Email: [email protected]

Related RIN: Related to 2120-AD45, Related to 1652-AA10, Related to 
1652-AA11
RIN: 1652-AA09
_______________________________________________________________________




1266. SECURITY COMPLIANCE PROGRAM FOR AIRPORTS

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 49 USC 114; 49 USC 5103; 49 USC 40113; 49 USC 40119; 
49 USC 44901 to 44905

CFR Citation: 49 CFR 1540; 49 CFR 1542

Legal Deadline: None

Abstract: TSA will establish a compliance program for airport operators 
to implement and test security contingency plans. The intent is to 
enhance security for the traveling public, air carriers, and persons 
employed by or conducting business at public airports by increasing 
awareness of and compliance with civil aviation security measures. This 
rulemaking will implement section 4 of the Airport Security Improvement 
Act of 2000 (ASIA), (Pub. L. 106-528, 11/22/2000; 114 Stat. 2517), 
codified at 49 U.S.C. 44903(g), on improving secured-area access 
control.
Rules governing civil aviation security were transferred from the 
Federal Aviation Administration (FAA) to the Transportation Security 
Administration (TSA). Part 107 of title 14 of the Code of Federal 
Regulations (CFR) on Airport Security, is now codified in 49 CFR parts 
1540 and 1542.
On August 1, 1997, the FAA published the Airport Security NPRM (Notice 
No. 97-13, 62 FR 41760) and the Aircraft Operator Security NPRM (Notice 
No. 97-12, 62 FR 41730) in the Federal Register for public comment. The 
comment period for both NPRMs closed on December 1, 1997.
These notices proposed to completely revise parts 107 and 108, and 
included a requirement for a compliance program to be included in the 
airport and aircraft operators' security programs. That compliance 
program would include procedures to ensure that those individuals with 
unescorted access authority to critical security areas or restricted 
operations areas comply with the proposed security program 
requirements.
In the airport security NPRM, the FAA noted that some airports already 
had such programs in place and had established penalties, such as 
monetary fines and suspension of access authority. The FAA proposed 
that the airport operator would remain the primary party responsible 
for violations, including those committed by their employees, 
contractors, and tenants. Further, the FAA recognized that in 
appropriate cases, persons who failed to comply would be subjected to 
FAA enforcement action.
The NPRM proposed that the FAA would have a means to directly 
discipline individuals who fail to comply with certain security 
requirements. Having individuals accountable to both the airport 
operator and the FAA emphasizes the importance of individuals in 
ensuring that all security measures are carried out.
There were two comment periods for each NPRM in which four public 
meetings were held to address the proposed revisions for parts 107 and 
108. During these public meetings, several non-supportive comments were 
received on the proposed compliance programs. Based on these comments, 
the FAA reopened the comment period on August 10, 1999 (64 FR 43321), 
to specifically address the compliance programs for both parts 107 and 
108. This new comment period closed on September 24, 1999.
On July 17, 2001, the FAA issued final rules for the revisions of parts 
107 (66 FR 37274) and 108 (66 FR 37330). These rules contain a section 
on the accountability of employees and other persons to carry out 
required security measures. See, sections 107.11 and 108.9. Those final 
rules did not include the final compliance program requirements, 
however, which are included in this rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule                       To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Additional Information: Transferred from RIN 2110-AA12

Agency Contact: Christine Beyer, Attorney, Regulations Division, 
Department of Homeland Security, Transportation Security 
Administration, TSA-2, Chief Counsel, Office of the Chief Counsel, TSA-
2, HQ, E12-336N, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-2657
Email: [email protected]

Related RIN: Related to 2120-AD46, Related to 1652-AA09, Related to 
1652-AA11
RIN: 1652-AA10
_______________________________________________________________________




1267. CRIMINAL HISTORY RECORDS CHECKS

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 49 USC 114; 49 USC 40113; 49 USC 44936

CFR Citation: 49 CFR 1540; 49 CFR 1542; 49 CFR 1544

Legal Deadline: None

Abstract: The Transportation Security Administration (TSA) will take 
final action on the December 6, 2001, Federal Aviation Administration 
(FAA) final rule by completing an economic analysis and responding to 
comments.
This rule, published by the FAA, requires each airport operator and 
aircraft operator that has adopted a security program under 14 CFR 
parts 107 or 108 to conduct fingerprint-based criminal history record 
checks (CHRC) for individuals if they have not already undergone CHRCs. 
The rule applies to those who either have, or apply for: Unescorted 
access authority to the Security Identification Display Area (SIDA) of 
an airport; authority to

[[Page 26981]]

authorize others to have unescorted access; and screening functions. 
The FAA determined the rule is needed because the current employment 
investigation method is not adequate. The rule will ensure that 
individuals in these positions do not have disqualifying criminal 
offenses.
Rules governing civil aviation security were transferred from the FAA 
to TSA. Parts 107 and 108 of title 14 of the Code of Federal 
Regulations (CFR) on Airport Security and Aircraft Operator Security, 
respectively, are now codified in 49 CFR parts 1540, 1542, and 1544. 
TSA will complete any further action required in this rulemaking.
The Aviation and Transportation Security Act (ATSA) (Pub. L. 107--71; 
11/19/2001), codified at 49 U.S.C. section 44936(a)(1) directs TSA to 
publish a regulation requiring an employment investigation (including a 
criminal history record check and a review of available law enforcement 
data bases and records of other governmental and international 
agencies) be conducted for certain individuals who work in secured 
areas of an airport.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule; Request for Comments12/06/01                    66 FR 63474
Final Rule Effective            12/06/01
Final Rule Comment Period End   01/07/02
Final Rule Comment Period 
Reopened                        01/25/02                     67 FR 3810
Final Rule Reopened Comment 
Period End                      03/11/02
Final Rule                       To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected:  Businesses

Government Levels Affected: Undetermined

Federalism:  Undetermined

Additional Information: Transferred from RIN 2110-AA11

Agency Contact: Greg Moxness, Director, Regulatory and Economic 
Analysis, Department of Homeland Security, Transportation Security 
Administration, Office of the Chief Counsel, TSA-2, HQ, E12-309N, 601 
South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-1002
Email: [email protected]

Scott Houston, Attorney, Regulations Division, Department of Homeland 
Security, Transportation Security Administration, Office of the Chief 
Counsel, TSA-2, HQ, E12-418N, 601 South 12th Street, Arlington, VA 
22202-4220
Phone: 571 227-3653
Email: [email protected]

Related RIN: Related to 2120-AH53, Related to 1652-AA09, Related to 
1652-AA10
RIN: 1652-AA11
_______________________________________________________________________




1268. TRANSPORTATION OF EXPLOSIVES FROM CANADA TO THE UNITED STATES VIA 
COMMERCIAL MOTOR VEHICLE AND RAILROAD CARRIER

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 49 USC 114; 49 USC 5103; 49 USC 5103a; 49 USC 40113; 
49 USC 46105

CFR Citation: 49 CFR 1570; 49 CFR 1572

Legal Deadline: None

Abstract: The Transportation Security Administration (TSA) will take 
final action on the February 6, 2003, interim final rule by completing 
an economic analysis and responding to comments.
This interim final rule addresses security issues regarding 
transportation of explosives by commercial motor vehicles and 
railroads. It establishes temporary requirements that all motor 
carriers, motor private carriers, and railroad carriers not using 
United States citizens or lawful permanent resident aliens as drivers 
or railroad crews to transport explosives to the United States.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule; Request for 
Comments                        02/06/03                     68 FR 6083
Interim Final Rule Effective    02/03/03
Interim Final Rule Comment 
Period End                      03/10/03
Final Rule                       To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Additional Information: Transferred from RIN 2110-AA18

Agency Contact: Greg Moxness, Director, Regulatory and Economic 
Analysis, Department of Homeland Security, Transportation Security 
Administration, Office of Transportation Security Policy, TSA-9, HQ, 
E3-202S, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-1002
Fax: 571 227-1378
Email: [email protected]

Benjamin Klein, Attorney, Regulations Division, Department of Homeland 
Security, Transportation Security Administration, TSA-2, Chief Counsel, 
Office of the Chief Counsel, TSA-2, HQ, E12-333N, 601 South 12th 
Street, Arlington, VA 22202-4220
Phone: 571 227-2694
Fax: 571 227-1379
Email: [email protected]

RIN: 1652-AA16
_______________________________________________________________________




1269. SURFACE TRANSPORTATION SECURITY DIRECTIVES

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 49 USC 114; 49 USC 40113; 49 USC 46105

CFR Citation: 49 CFR 1570

Legal Deadline: None

Abstract: This document provides a regulatory framework through which 
the Transportation Security Administration (TSA) may issue Security 
Directives (SD) to owners or operators of conveyances, facilities, 
terminals, or infrastructure assets, involved in all modes of 
transportation, except aviation and maritime which have effective rules 
for Security Directives.
Security Directives, if issued, may require owners or operators of 
conveyances, facilities, terminals, or infrastructure assets to 
implement measures specified in the Security Directives to enhance 
transportation security. Under this framework, TSA may also issue 
Information Circulars (IC) advising operators of possible threats to 
transportation security. Since information contained in Security 
Directives may be Sensitive Security Information (SSI), this rule would 
require that sensitive security information be managed in accordance 
with procedures that restrict its availability.

[[Page 26982]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: State

Federalism:  This action may have federalism implications as defined in 
EO 13132.

Agency Contact: Dean Walter, Director, Office of Intermodal Security 
Policy, Department of Homeland Security, Transportation Security 
Administration, Office of Transportation Security Policy, TSA-9, HQ, 
E3, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-2645
Fax: 571 227-1374
Email: [email protected]

David Kasminoff, Attorney, Regulations Division, Department of Homeland 
Security, Transportation Security Administration, Office of the Chief 
Counsel, TSA-2, HQ, E12-310N, 601 South 12th Street, Arlington, VA 
22202-4220
Phone: 571 227-3583
Fax: 571 227-1378
Email: [email protected]

RIN: 1652-AA26
_______________________________________________________________________




1270. FLIGHT TRAINING FOR ALIENS AND OTHER DESIGNATED INDIVIDUALS; 
SECURITY AWARENESS TRAINING FOR FLIGHT SCHOOL EMPLOYEES

Priority: Other Significant

Legal Authority: 49 USC 114; 49 USC 44939; 49 USC 46105

CFR Citation: 49 CFR 1552

Legal Deadline: Final, Statutory, February 10, 2004, Section 612 of 
Vision 100 requires TSA to issue an interim final rule within 60 days 
of enactment of Vision 100.
Requires Transportation Security Administration (TSA) to promulgate an 
interim final rule (IFR) implementing the requirements of Sec. 612 of 
Vision 100--Century of Aviation Reauthorization Act (Pub. L. 108-176, 
December 12, 2003; 117 Stat. 2490), including the fee provisions, not 
later than 60 days after the enactment of the Act.

Abstract: The Transportation Security Administration (TSA) will take 
final action on the September 20, 2004, interim final rule (IFR) by 
completing a regulatory flexibility analysis and responding to comments 
received.
This IFR creates a new part 1552, Flight Schools, in title 49 of the 
Code of Federal Regulations (CFR). This IFR applies to flight schools 
and to individuals who apply to obtain flight training.
The IFR is requiring flight schools to notify TSA when aliens and other 
individuals designated by TSA apply for flight training. TSA has 
established standards relating to the security threat assessment 
process that TSA will conduct to determine whether such individuals are 
a threat to aviation or national security, and thus prohibited from 
receiving flight training. In addition, TSA has established a fee to 
cover a portion of the costs of the security threat assessments that 
TSA will perform under this rule. Finally, TSA has established 
standards relating to security awareness training for certain flight 
school employees.
These requirements will help ensure that individuals who intend to use 
aircraft to perform terrorist attacks in the United States do not 
obtain flight training that would enable them to do so. These 
requirements also will improve security at flight schools.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule; Request for 
Comments                        09/20/04                    69 FR 56324
Interim Final Rule Effective    09/20/04
Interim Final Rule Comment 
Period End                      10/20/04
Notice-Information Collection 
60-Day Renewal                  11/26/04                    69 FR 68952
Notice-Information Collection 
30-Day Renewal                  03/03/05                    70 FR 16298
Final Rule                       To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Timothy Upham, Assistant Director, Department of 
Homeland Security, Transportation Security Administration, Office of 
Transportation Credentialing & Vetting, TSA-19, Hq, E8-410N, 601 South 
12th Street, Arlington, VA 22202-4220
Phone: 571 227-3940
Fax: 571 227-1903
Email: [email protected]

Michael Derrick, Transportation Security Specialist, Department of 
Homeland Security, Transportation Security Administration, Office of 
Transportation Security Policy, TSA-9, HQ, E3, 601 South 12th Street, 
Arlington, VA 22202-4220
Phone: 571 227-1198
Fax: 571 227-1374
Email: [email protected]

Greg Moxness, Director, Regulatory and Economic Analysis, Department of 
Homeland Security, Transportation Security Administration, Office of 
the Chief Counsel, TSA-2, HQ, E12-309N, 601 South 12th Street, 
Arlington, VA 22202-4220
Phone: 571 227-1002
Email: [email protected]

Dion Casey, Attorney, Regulations Division, Department of Homeland 
Security, Transportation Security Administration, TSA-2, West Bldg., 
8th floor, Office of the Chief Counsel, TSA-2, HQ, E12-309N, 601 South 
12th Street, Arlington, VA 22202-4220
Phone: 571 227-2663
Fax: 571 227-1378
Email: [email protected]

RIN: 1652-AA35
_______________________________________________________________________




1271. AIRCRAFT REPAIR STATION SECURITY

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 49 USC 114; 49 USC 44924

CFR Citation: 49 CFR 1554

Legal Deadline: Final, Statutory, August 8, 2004, Section 611 of Vision 
100 requires TSA to issue a final rule within 240 days from date of 
enactment of Vision 100.
Sec. 611(b)(1) of Vision 100--Century of Aviation Reauthorization Act 
(Pub.L. 108-176; 12/12/2003; 117 Stat. 2490), codified at 49 U.S.C. 
44924, requires TSA to issue ``final regulations to ensure the security 
of foreign and domestic aircraft repair stations'' within 240 days from 
date of enactment of Vision 100.

Abstract: The Transportation Security Administration (TSA) is proposing 
to add a new 49 CFR part 1554 regulation to improve the security of 
domestic and foreign aircraft repair stations, as

[[Page 26983]]

required by the section 611 of Vision 100--Century of Aviation 
Reauthorization Act.
The proposed regulations establish general requirements for security 
programs to be adopted and implemented by repair stations certificated 
by the Federal Aviation Administration (FAA). Some flexibility would be 
provided to repair stations to reflect the fact that repair stations 
are diverse and that the specific measures needed to comply with the 
security requirements may vary depending on an assessment of the 
security vulnerability at a particular repair station location.
The proposed regulations also authorize TSA to conduct security audits, 
assessments, tests, and inspections of repair stations. The proposed 
regulations provide procedures to notify repair stations of any 
deficiencies in their security programs, and to notify those repair 
stations that present an immediate risk to security. Finally, the 
proposal includes a process whereby a repair station may seek review of 
a determination by TSA that the station has not adequately addressed 
security deficiencies or that the station poses an immediate risk to 
security.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Public Meeting                  02/24/04                     69 FR 8357
Report to Congress              08/24/04
NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Linda Valencia, Department of Homeland Security, 
Transportation Security Administration, Office of Aviation Operations, 
TSA-7, HQ, E3-417N, 601 East South Street, Arlington, VA 22202-4220
Phone: 571 227-2252
Fax: 571 227-2931
Email: [email protected]

Greg Moxness, Director, Regulatory and Economic Analysis, Department of 
Homeland Security, Transportation Security Administration, Office of 
the Chief Counsel, TSA-2, HQ, E12-309N, 601 South 12th Street, 
Arlington, VA 22202-4220
Phone: 571 227-1002
Email: [email protected]

Linda L. Kent, Attorney-Advisor, Department of Homeland Security, 
Transportation Security Administration, Office of the Chief Counsel, 
TSA-2, HQ, E12-126S, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-2675
Email: [email protected]

RIN: 1652-AA38
_______________________________________________________________________




1272. ENHANCED SECURITY PROCEDURES FOR OPERATIONS AT CERTAIN AIRPORTS IN 
THE WASHINGTON, DC METROPOLITAN AREA FLIGHT RESTRICTED ZONE

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 49 USC 114; 49 USC 40113

CFR Citation: 49 CFR 1562

Legal Deadline: None

Abstract: The Transportation Security Administration (TSA) will take 
final action on the February 10, 2005, interim final rule (IFR) by 
responding to comments received.
This action creates a new part 1562, General Aviation, in title 49 of 
the Code of Federal Regulations (CFR). The IFR transfers responsibility 
for ground security requirements and procedures at three Maryland 
airports (College Park Airport (CGS), Potomac Airfield (VKX), and 
Washington Executive/Hyde Field (W32)) that are located within the 
Washington, DC, Metropolitan Area Flight Restricted Zone (FRZ), and for 
individuals operating aircraft to and from these airports, from the 
Federal Aviation Administration (FAA) to TSA. These airports are 
referred to as the Maryland Three Airports.
These requirements and procedures were previously issued by the FAA, in 
coordination with TSA, in Special Federal Aviation Regulation (SFAR) 
94. TSA is assuming responsibility for these requirements and 
procedures because TSA and FAA agree that they are best handled under 
TSA's authority over transportation security. These requirements and 
procedures will continue to enhance the security of the critical 
infrastructure and Federal Government assets in the Washington, DC, 
Metropolitan Area.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule; Request for 
Comments                        02/10/05                     70 FR 7150
Interim Final Rule Effective    02/13/05
Interim Final Rule Comment 
Period End                      04/11/05
Final Rule                       To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Robert Rottman, Department of Homeland Security, 
Transportation Security Administration, Office of Aviation Security 
Policy, TSA-9, HQ, E3, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-2289
Fax: 571 227-1374
Email: [email protected]

Dirk Ahle, Deputy Director for Operations, Department of Homeland 
Security, Transportation Security Administration, Office of Aviation 
Operations, TSA-7, E9, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-1504
Fax: 571 227-2920
Email: [email protected]

Dion Casey, Attorney, Regulations Division, Department of Homeland 
Security, Transportation Security Administration, TSA-2, West Bldg., 
8th floor, Office of the Chief Counsel, TSA-2, HQ, E12-309N, 601 South 
12th Street, Arlington, VA 22202-4220
Phone: 571 227-2663
Fax: 571 227-1378
Email: [email protected]

RIN: 1652-AA39

[[Page 26984]]

_______________________________________________________________________


Department of Homeland Security (DHS)                 Completed Actions


Transportation Security Administration (TSA)



_______________________________________________________________________




1273. MARINE VESSEL SECURITY STANDARDS--PROHIBITED ITEMS

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 49 USC 114

CFR Citation: 49 CFR 1576

Legal Deadline: None

Abstract: TSA is withdrawing this action, which proposed to establish 
lists of ``prohibited items'' (weapons, explosives, incendiaries, and 
other dangerous items) that individuals would not be allowed to carry 
on their person, or in their baggage when they travel onboard one of 
four categories of passenger vessels.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       02/25/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Jim Bamberger, Assistant Branch Chief, Department of 
Homeland Security, Transportation Security Administration, TSA-8, 
Maritime Passenger Security Branch, Maritime & Land Security, HQ, West 
Building, Floor 9, 601 South 12th Street, Arlington, VA 22202
Phone: 571 227-1218
Fax: 571 227-2932
Email: [email protected]

David Kasminoff, Attorney, Regulations Division, Department of Homeland 
Security, Transportation Security Administration, Office of the Chief 
Counsel, TSA-2, HQ, E12-310N, 601 South 12th Street, Arlington, VA 
22202-4220
Phone: 571 227-3583
Fax: 571 227-1378
Email: [email protected]

RIN: 1652-AA22
_______________________________________________________________________




1274. FEDERAL FLIGHT DECK OFFICER PROGRAM

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 49 USC 114; 49 USC 40113; 49 USC 44921; 49 USC 5103; 
49 USC 44901-44905; 49 USC 44907; 49 USC 44913-44914; 49 USC 44916-
44918; 49 USC 44932; 49 USC 44935-44936; 49 USC 44942; 49 USC 46105

CFR Citation: 49 CFR 1552; 49 CFR 1544

Legal Deadline: None

Abstract: The Transportation Security Administration (TSA) is 
withdrawing this proposal as TSA currently provides direction and 
guidance on this program through Security Program amendments.
This action proposes a rule to govern a new program to screen, select, 
train, deputize, equip, and supervise certain air carrier flight deck 
crewmembers as Federal law enforcement officers, known as Federal 
Flight Deck Officers (FFDO). This action is required by the Arming 
Pilots Against Terrorism Act and Section 609 of the Century of Aviation 
Reauthorization Act, and is intended to improve aviation security by 
authorizing deputized flight deck crewmembers to transport and carry 
firearms and to use force, including deadly force, to defend the flight 
decks of aircraft of air carriers against acts of criminal violence or 
air piracy.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       02/25/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Paul Kinneberg, Lead FFDO Officer, Department of 
Homeland Security, Transportation Security Administration, Office of 
Aviation Operations, TSA-7, HQ, E4-331N, 601 South 12th Street, 
Arlington, VA 22202-4220
Phone: 571 227-1866
Fax: 571 227-1941
Email: [email protected]

Dion Casey, Attorney, Regulations Division, Department of Homeland 
Security, Transportation Security Administration, TSA-2, West Bldg., 
8th floor, Office of the Chief Counsel, TSA-2, HQ, E12-309N, 601 South 
12th Street, Arlington, VA 22202-4220
Phone: 571 227-2663
Fax: 571 227-1378
Email: [email protected]

RIN: 1652-AA24
_______________________________________________________________________




1275. MARITIME TRANSPORTATION SECURITY ACT-- BACKGROUND CHECKS FOR 
MARITIME WORKERS

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 46 USC 70105

CFR Citation: 49 CFR 1572

Legal Deadline: None

Abstract: This action, which proposes standards and procedures for 
security threat assessments to determine maritime workers' eligibility 
for unescorted access to secured areas, has been merged with the 
rulemaking at 1652-AA41, Transportation Worker Identification 
Credential (TWIC) program.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Merged With 1652-AA41           02/25/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Anthony Furst, Supervisory Transportation Security 
Specialist, Department of Homeland Security, Transportation Security 
Administration, TSA -8, Maritime and Land, Maritime & Land Security, 
HQ, West Building, Floor 10, TSA-8, 601 South 12th Street, Arlington, 
VA 22202
Phone: 571 227-1241
Email: [email protected]

Christine Beyer, Attorney, Regulations Division, Department of Homeland 
Security, Transportation Security Administration, TSA-2, Chief Counsel, 
Office of the Chief Counsel, TSA-2, HQ, E12-336N, 601 South 12th 
Street, Arlington, VA 22202-4220
Phone: 571 227-2657
Email: [email protected]

Related RIN: Merged with 1652-AA41
RIN: 1652-AA27
_______________________________________________________________________




1276. HAZMAT FEE RULE: FEES FOR SECURITY THREAT ASSESSMENTS ON HAZMAT 
DRIVERS

Priority: Other Significant

Legal Authority: PL 108-90, sec 520; 49 USC 114; 49 USC 5103a; 49 USC 
40113; 49 USC 46105

CFR Citation: 49 CFR 1572

Legal Deadline: None

Abstract: In response to recent statutory requirements, the 
Transportation Security Administration (TSA) is establishing a fee for 
security threat assessments that TSA is required

[[Page 26985]]

to perform on individuals who apply for or renew a hazardous materials 
endorsement for a commercial driver's license. TSA also is establishing 
a fee for collection and transmission of fingerprints and biographical 
information, which is necessary to perform the security threat 
assessments. TSA intends to use fees collected under this rule to pay 
for the costs of the security threat assessments and the costs of 
collection and transmission of fingerprints and biographical 
information.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/10/04                    69 FR 65332
NPRM Comment Period End         12/01/04
Final Rule                      01/13/05                     70 FR 2542
Final Rule Effective            01/31/05
Hazmat Fee Developmental Report 01/24/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: Federal, State

Agency Contact: Dion Casey, Attorney, Regulations Division, Department 
of Homeland Security, Transportation Security Administration, TSA-2, 
West Bldg., 8th floor, Office of the Chief Counsel, TSA-2, HQ, E12-
309N, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-2663
Fax: 571 227-1378
Email: [email protected]

Related RIN: Related to 1652-AA17
RIN: 1652-AA33
_______________________________________________________________________




1277. SENSITIVE SECURITY INFORMATION (SSI) FOR LAND MODES

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 49 USC 114

CFR Citation: 49 CFR 1520

Legal Deadline: None

Abstract: The Transportation Security Administration (TSA) is 
withdrawing this action, which would have proposed to revise its 
regulation governing the protection of sensitive security information 
(SSI) in order to protect security plans, assessments, procedures, and 
other security measures being undertaken to address vulnerabilities in 
land modes of transportation.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       02/25/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Dion Casey, Attorney, Regulations Division, Department 
of Homeland Security, Transportation Security Administration, TSA-2, 
West Bldg., 8th floor, Office of the Chief Counsel, TSA-2, HQ, E12-
309N, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-2663
Fax: 571 227-1378
Email: [email protected]

Related RIN: Related to 1652-AA08
RIN: 1652-AA37
_______________________________________________________________________


Department of Homeland Security (DHS)               Proposed Rule Stage


Bureau of Immigration and Customs Enforcement (BICE)



_______________________________________________________________________




1278. PROCEDURES FOR DETAINEE HUNGER STRIKES

Priority: Other Significant

Legal Authority: 8 USC 1103; 8 USC 1223; 8 USC 1227; 8 USC 1251; 8 USC 
1253; . . .

CFR Citation: 8 CFR 241

Legal Deadline: None

Abstract: This rule proposes standards and procedures for responding to 
hunger strikes by individuals detained by the Department. All proposed 
medical treatments in this regulation conform to accepted medical 
practice. Also, this rule would supersede the Department's Detention 
Standard on Hunger Strikes.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/05
NPRM Comment Period End         02/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: INS No. 2142-01
Transferred from RIN 1115-AG26

Agency Contact: Tim Perry, Detention and Deportation Officer, 
Department of Homeland Security, Bureau of Immigration and Customs 
Enforcement, Room 800, Detention and Removal Operations, 801 I Street 
NW., Suite 800, Washington, DC 20536
Phone: 202 305-2734
Fax: 202 353-9435

RIN: 1653-AA12
_______________________________________________________________________




1279. INTEREST PAYMENTS ON CANCELLED CASH BONDS

Priority: Other Significant

Legal Authority: 8 USC 1103; 31 USC 1322; 31 USC 9308

CFR Citation: 8 CFR 293

Legal Deadline: None

Abstract: When DHS receives a cash bond, it is deposited into an 
account where interest is accumulated from the date the bond is posted, 
to the date that the bond is paid out. If a cancelled cash bond is 
unclaimed after a year, the principal and any accumulated interest are 
transferred to the U.S. Department of the Treasury, account entitled 
``Payments of Unclaimed Moneys of Individuals Whose Whereabouts are 
Unknown.'' This regulation at 8 CFR 293.1 concerns the computation of 
interest on cash bonds. It does not mention the Treasury requirement 
concerning the disposition of funds from unclaimed cash bonds. Since 
some cash bonds obligors have questioned the curtailment of interest a 
year after the bond is cancelled, we believe that this regulation 
should include language that clarifies the Department's requirement to 
comply with Treasury's regulation.

[[Page 26986]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/05
NPRM Comment Period End         11/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: INS No. 2258-03
Transferred from RIN 1115-AG97

Agency Contact: Sandra Waterton, Department of Homeland Security, 
Bureau of Immigration and Customs Enforcement, 800 K Street NW., 
Washington, DC 20536
Phone: 202 305-1200

RIN: 1653-AA20
_______________________________________________________________________




1280. TRANSFER OF FLIGHT TRAINING PROGRAMS UNDER THE DEPARTMENT OF STATE 
OVERSIGHT TO THE DEPARTMENT OF HOMELAND SECURITY

Priority: Other Significant

Legal Authority: Not Yet Determined

CFR Citation: 8 CFR 214; 22 CFR 62

Legal Deadline: None

Abstract: Department of State (DOS) has 10 flight training programs 
that are validated to enroll exchange visitors. This number is so small 
that it is administratively inefficient and resource intensive to 
manage. DHS has between 100 to 200 flight- training programs, which are 
certified by the Student and Exchange Visitor Program (SEVP). DOS has 
requested that its 10 programs be incorporated into DST. As a group 
that is of special interest for national security, it is important that 
DHS provide efficient and effective oversight of flight training 
programs. The DOS programs concern J visa; the DHS programs are in F 
and M visa categories. Rules between SEVP and DOS programs differ 
significantly and need to be modified accordingly.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/05
NPRM Comment Period End         12/00/05

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected:  Businesses

Government Levels Affected: Federal

Agency Contact: Susan Geary, Acting Director, Student and Visitor 
Exchange Program, Department of Homeland Security, Bureau of 
Immigration and Customs Enforcement, 800 K Street NW., Washington, DC 
20536
Phone: 202 305-2346
Fax: 202 353-3723
Email: [email protected]

RIN: 1653-AA43
_______________________________________________________________________




1281. STRENGTHENING CONTROL OVER IMMIGRATION SURETY BONDS

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 8 USC 1103; 8 USC 1356; 31 USC 9701; 31 USC 9305; PL 
104-208

CFR Citation: 8 CFR 103

Legal Deadline: None

Abstract: The Department continues to experience problems collecting 
the funds for breached surety bonds. Several surety companies and/or 
their bonding agents continue to circumvent administrative remedies to 
address immigration surety bond claims sent out by the Department and 
have evaded the judicial review process.
This rule proposes to strengthen the Department's control over the 
collection of immigration surety bonds by improving current DHS 
procedures about and by providing the Department with stronger 
enforcement measures. Specifically, this rule will require surety 
companies and bonding agents to exhaust administrative remedies by 
using the Department's appeal procedures, as a prerequisite to 
challenging the Department's actions under the Administrative 
Procedures Act, before seeking judicial review of DHS actions. Also, 
this rule limits the exposure of the Department in case bonding agents 
who have acted improperly or whose authorities have been denied by 
their corporate principals; and encourages surety companies and bonding 
agents to respond early if there are any issues or disputes with the 
Department's claim. Further, the rule formalizes DHS' reporting 
requirements to the Department of Treasury and provides notification to 
the Treasury of high dollar volume of unpaid debt over 90 days old. 
Lastly the rule, adds an enforcement measure to suspend acceptance of 
surety bonds from bonding agents and or surety companies that have 
large unpaid balances or who do not otherwise respond to DHS invoices. 
This rule is necessary to ensure that the Department receives funds 
owed by the surety companies.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/05
NPRM Comment Period End         11/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: Prior RIN 1653-AA16 was withdrawn in Spring 
2004 Agenda

Agency Contact: Frank Maguire, Department of Homeland Security, Bureau 
of Immigration and Customs Enforcement, 800 K Street NW., Washington, 
DC 20536
Phone: 202 514-2700

RIN: 1653-AA45

[[Page 26987]]

_______________________________________________________________________


Department of Homeland Security (DHS)                  Final Rule Stage


Bureau of Immigration and Customs Enforcement (BICE)



_______________________________________________________________________




1282. REQUIRING ALIENS ORDERED REMOVED FROM THE UNITED STATES TO 
SURRENDER TO THE DEPARTMENT OF HOMELAND SECURITY FOR REMOVAL

Priority: Other Significant

Legal Authority: 8 USC 1103; 8 USC 1231; 8 USC 1253

CFR Citation: 8 CFR 240.13 to 240.19

Legal Deadline: None

Abstract: This rule requires aliens subject to a final order of removal 
to surrender to the Department. This rule also establishes procedures 
for surrender and bars persons violating these procedures from 
obtaining discretionary immigration benefits.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/04/98                    63 FR 47205
NPRM Comment Period End         11/03/98
Supplemental NPRM               05/09/02                    67 FR 31157
Supplemental NPRM Comment Period 
End                             06/10/02
Interim Final Rule              12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: Transferred from RIN 1115-AE82

Agency Contact: Matthew Munroe, Department of Homeland Security, Bureau 
of Immigration and Customs Enforcement, 801 I Street NW., Room 800, 
Washington, DC 20536
Phone: 202 305-7891

RIN: 1653-AA05
_______________________________________________________________________




1283. EARLY RELEASE FOR REMOVAL OF CRIMINAL ALIENS IN STATE CUSTODY FOR 
NONVIOLENT OFFENSES

Priority: Other Significant

Legal Authority: 8 USC 1103; 8 USC 1223; 8 USC 1227; 8 USC 1251; 8 USC 
1253; 8 USC 1255; 8 USC 1330; 8 CFR 2

CFR Citation: 8 CFR 241

Legal Deadline: None

Abstract: The final rule will establish an administrative process 
whereby criminal aliens in State custody convicted of nonviolent 
offenses may be removed prior to completion of their sentence of 
imprisonment. The rule will implement the authority contemplated by 
Congress to enhance the ability of the United States to remove criminal 
aliens.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM-INS No. 1848-97            07/12/99                    64 FR 37461
NPRM Comment Period End         09/10/99
Final Action-INS No. 1848-97    06/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: State, Federal

Additional Information: INS No.1848-97
Transferred from RIN 1115-AE83

Agency Contact: Dave Peter, Department of Homeland Security, Bureau of 
Immigration and Customs Enforcement, 801 I Street NW., Washington, DC 
20536
Phone: 202 514-6778

RIN: 1653-AA06
_______________________________________________________________________




1284. POWER OF SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY TO 
TERMINATE DEPORTATION PROCEEDINGS AND INITIATE REMOVAL PROCEEDINGS

Priority: Other Significant

Legal Authority: PL 104-208

CFR Citation: 8 CFR 309

Legal Deadline: None

Abstract: This rule proposes to implement section 309(c)(3) of the 
Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) by 
affording certain aliens rendered ineligible for relief from 
deportation by recent changes in the law the opportunity to have their 
deportation proceedings terminated and removal proceedings initiated in 
order to apply for relief. Certain permanent resident aliens rendered 
ineligible for section 212(c) relief by the Antiterrorism and Effective 
Death Penalty Act and certain nonpermanent resident aliens rendered 
ineligible for suspension of deportation by the stop-time rule in 
IIRIRA may apply for ``repapering'' (as it is commonly known) under 
this rule. This process would not apply to aliens eligible for 212(c) 
relief pursuant to the procedures described in the Executive Office for 
Immigration Review rulemaking.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/30/00                    65 FR 71273
NPRM Comment Period End         01/29/01
Final Action                    09/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: INS No. 2083-00
Transferred from RIN 1115-AF87

Agency Contact: Roger Sagerman, Department of Homeland Security, Bureau 
of Immigration and Customs Enforcement, Chief Enforcement Law Division, 
425 I Street NW., Suite 6100, Washington, DC 20536
Phone: 202 514-2895

RIN: 1653-AA08
_______________________________________________________________________




1285. DETENTION OF ALIENS SUBJECT TO FINAL ORDERS OF REMOVAL

Priority: Other Significant

Legal Authority: 8 USC 1103; 8 USC 1223; 8 USC 1227; 8 USC 1231; 8 USC 
1253; . . .

CFR Citation: 8 CFR 241

Legal Deadline: None

Abstract: This rule addresses comments received upon publication of the 
interim rule on November 14, 2001. The rule was to be published as a 
proposed rule as significant structural changes were made to custody 
review procedures governing the detention of aliens who are the subject 
of an administratively final order of removal, exclusion, or 
deportation. The rule was initially revised in light of the U.S. 
Supreme Court decision of Zadvydas v Davis. With a new decision by the 
Supreme Court, Clark v Martinez, the rule requires further substantive 
revisions to conform to the ruling in Martinez. In this case, the 
Supreme Court has refined its interpretation of INA 241(a)(6) and 
further limited detention of certain aliens subject to administratively 
final orders of removal, exclusion or deportation where the alien's 
removal is not

[[Page 26988]]

significantly likely in the reasonably foreseeable future.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              11/14/01                    66 FR 56967
Interim Final Rule Comment 
Period End                      01/14/02
Final Action                    12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: INS No. 2156-01
Transferred from RIN 1115-AG29

Agency Contact: Joan S. Lieberman, Attorney, Office of General Counsel, 
Department of Homeland Security, Bureau of Immigration and Customs 
Enforcement, Room 6100, 425 I Street NW., Washington, DC 20536
Phone: 202 514-2895

RIN: 1653-AA13
_______________________________________________________________________




1286. CUSTODY PROCEDURES

Priority: Other Significant

Legal Authority: 8 USC 1103; 8 USC 1182; 8 USC 1225; 8 USC 1226; 8 USC 
1251; . . .

CFR Citation: 8 CFR 287

Legal Deadline: None

Abstract: This rule amends Department regulations on the period of time 
after an alien's arrest within which the Department must make a 
determination whether the alien will be continued in custody or 
released on bond or recognizance and whether to issue a notice to 
appear and warrant of arrest. This rule provides that unless voluntary 
departure has been granted, DHS must make such determinations within 48 
hours of arrest, except in the event of emergency or other 
extraordinary circumstance in which case the Department must make such 
determinations within an additional reasonable period of time.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule Effective    09/17/01                    66 FR 48334
Interim Final Rule Published    09/20/01                    66 FR 48334
Interim Final Rule Comment 
Period End                      11/19/01
Final Action                    09/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: INS No 2171-01
Transferred from RIN 1115-AG40

Agency Contact: Roger Sagerman, Chief Law Enforcement Law Division, 
Department of Homeland Security, Bureau of Immigration and Customs 
Enforcement, Law Enforcement Division, 425 I Street NW., Suite 6100, 
Washington, DC 20536
Phone: 202 514-2895

RIN: 1653-AA14
_______________________________________________________________________




1287. ADDRESS NOTIFICATION TO BE FILED WITH DESIGNATED APPLICATIONS

Priority: Other Significant

Legal Authority: 5 USC 552; 5 USC 552a; 8 USC 1101; 8 USC 1103; 8 USC 
1304; . . .

CFR Citation: 8 CFR 103; 8 CFR 299

Legal Deadline: None

Abstract: The proposed rule would amend DHS regulations by requiring 
every alien who is applying for immigration benefits to acknowledge 
having received notice that he or she is required to provide a valid 
current address to the Department, including any change of address 
within 10 days of the change; that the Department will use the most 
recent address provided by the alien for all purposes, including the 
service of a Notice to Appear if the Department initiates removal 
proceedings; and, if the alien has changed address and failed to 
provide the new address to DHS, that the alien will be held responsible 
for any communications sent to the most recent address provided by the 
alien. This rule will satisfy the requirements or advance notice to the 
alien of the obligation to provide a current address to the Department, 
and of the consequences that may result for failure to do so, including 
the entry of an in absentia removal order against the alien if the 
alien fails to appear at a removal hearing.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/26/02                    67 FR 48818
NPRM Comment Period End         08/26/02
Interim Final Rule              12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: INS No. 2198-02
Transferred from RIN 1115-AG61

Agency Contact: Ian Hinds, Chief Adjudication, Department of Homeland 
Security, 20 Massachusetts Avenue NW., Washington, DC 20536
Phone: 202 514-7004

RIN: 1653-AA15
_______________________________________________________________________




1288. ABBREVIATION OR WAIVER OF TRAINING FOR STATE OR LOCAL LAW 
ENFORCEMENT OFFICERS AUTHORIZED TO ENFORCE IMMIGRATION LAW DURING A MASS 
INFLUX OF ALIENS

Priority: Other Significant

Legal Authority: PL 98-473; 8 USC 1101; PL 102-410

CFR Citation: 28 CFR 65

Legal Deadline: None

Abstract: This rule would amend DHS regulations to authorize the 
Secretary to waive normally required training requirements in the event 
that the number of State or local law enforcement officers available to 
respond in an expeditious manner to urgent and quickly developing 
events during a declared mass influx of aliens is insufficient to 
protect public safety, public health, and national security.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              02/26/03                     68 FR 8820
Interim Final Rule Effective    02/26/03
Interim Final Rule Comment 
Period End                      04/28/03
Final Action                    12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Local, State

[[Page 26989]]

Additional Information: Transferred from RIN 1115-AG84

Agency Contact: Roger Sagerman, Chief, Enforcement Law Division, 
Department of Homeland Security, Bureau of Immigration and Customs 
Enforcement, 425 I Street NW., Washington, DC 20536
Phone: 202 514-2895

RIN: 1653-AA18
_______________________________________________________________________




1289. SEVIS REPORTING REQUIREMENTS OF ACADEMIC INSTITUTIONS AT THE START 
OF EACH TERM OR SESSION

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1102m; 8 USC 1103; 8 USC 1182; 8 USC 
1184; 8 USC 1186a; 8 USC 1187; 8 USC 1221; 8 USC 1282; 8 USC 1301 to 
1305

CFR Citation: 8 CFR 214

Legal Deadline: None

Abstract: This rule amends the Department of Homeland Security (DHS) 
regulations by modifying the reporting requirements in the Student 
Exchange Visitor Information System (SEVIS) for academic institutions. 
Specifically this rule amends existing DHS regulations to require that 
notification is made to U.S. Immigration and Customs Enforcement if an 
alien fails to report to school within 30 days of the start of each 
term or session, rather than 30 days after the deadline for registering 
for classes. This rule is necessary for the proper monitoring of aliens 
admitted to the United States as students.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              09/00/05
Interim Final Rule Comment 
Period End                      11/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Organizations

Government Levels Affected: None

Additional Information: ICE 2300-03

Agency Contact: Susan Geary, Acting Director, Student and Visitor 
Exchange Program, Department of Homeland Security, Bureau of 
Immigration and Customs Enforcement, 800 K Street NW., Washington, DC 
20536
Phone: 202 305-2346
Fax: 202 353-3723
Email: [email protected]

RIN: 1653-AA28
_______________________________________________________________________




1290. CHANGES IN REGISTRATION POLICIES AND MONITORING OF CERTAIN 
NONIMMIGRANTS

Priority: Substantive, Nonsignificant

Legal Authority: 8 USC 1184; 8 USC 1185; 8 USC 1302; 8 USC 1303; 8 USC 
1305

CFR Citation: 8 CFR 264

Legal Deadline: None

Abstract: This rule amends DHS regulations for the registration and 
monitoring of certain nonimmigrant aliens. This rule amends existing 
regulations by suspending the 30-day and annual re-registration 
requirements for aliens who are subject to the National Security Entry-
Exit Registration System (NSEERS) Registration. Instead of requiring 
all aliens subject to NSEERS to appear for 30-day and/or annual 
registration interviews, DHS will utilize a more tailored system in 
which it will notify individual aliens of future registration 
requirements. This rule also eliminates the requirement for those 
nonimmigrant aliens subject to special registration who are also 
enrolled in the Student and Exchange Visitor Information System (SEVIS) 
to separately notify DHS of changes in educational institutions and 
addresses. Additionally, this rule clarifies how nonimmigrant aliens 
may apply for relief from special registration requirements and 
clarifies that certain alien crewmen are not subject to the departure 
requirements. Finally, certain conforming amendments have been made to 
existing regulations to reflect that the former Immigration and 
Naturalization Service has been abolished and its functions transferred 
from the Department of Justice to DHS, under the Homeland Security Act 
of 2002 (HSA), Public Law 107-296.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              12/02/03                    68 FR 67578
Interim Final Rule Comment 
Period End                      02/02/04
Final Action                    12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: ICE No. 2301-03

Agency Contact: Robert Schoch, Department of Homeland Security, Bureau 
of Immigration and Customs Enforcement, Room 1000, 425 I Street NW., 
Washington, DC 20536
Phone: 202 353-3173

RIN: 1653-AA29
_______________________________________________________________________




1291. EXTENDING THE PERIOD OF DURATION OF STATUS FOR CERTAIN F AND J 
NONIMMIGRANT ALIENS

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1182; 8 USC 1184; 8 USC 
1186; . . .

CFR Citation: 8 CFR 214

Legal Deadline: None

Abstract: This interim rule amended DHS regulations to provide that the 
Secretary may publish a notice to extend the duration of status, under 
specified conditions, of certain F-1 and J-1 nonimmigrant aliens who 
may be affected adversely because the numerical limit (cap) on H-1B 
nonimmigrant aliens has been reached prior to the end of a given fiscal 
year. This rule was a necessary stopgap measure because of a large 
number of F-1 and J-1 nonimmigrant aliens seeking a change of 
nonimmigrant status to that of H-1B after completion of their studies 
or their program. However, many of these aliens were unable to change 
their nonimmigrant status for the remainder of a given fiscal year 
because of the cap on H-1B petitions. This rule allows such aliens to 
avoid a lapse in their status because of a circumstance that is not 
under their control.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              06/15/99                    64 FR 32146
Interim Final Rule Comment 
Period End                      08/16/99
Final Action                    12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 1992-99
Transferred from RIN 1615-AA27

[[Page 26990]]

Agency Contact: Susan Geary, Acting Director, Student and Visitor 
Exchange Program, Department of Homeland Security, Bureau of 
Immigration and Customs Enforcement, 800 K Street NW., Washington, DC 
20536
Phone: 202 305-2346
Fax: 202 353-3723
Email: [email protected]

Related RIN: Previously reported as 1115-AF54
RIN: 1653-AA30
_______________________________________________________________________




1292. REQUIRING CERTIFICATION OF ALL SERVICE-APPROVED SCHOOLS FOR 
ENROLLMENT IN THE STUDENT AND EXCHANGE VISITOR INFORMATION SYSTEM 
(SEVIS)

Priority: Other Significant

Legal Authority: 5 USC 552; 5 USC 552a; 8 USC 1101; 8 USC 1103; 8 USC 
1304; 8 USC 1356; 31 USC 1907; EO 12356

CFR Citation: 8 CFR 103; 8 CFR 214

Legal Deadline: None

Abstract: This rule continues the implementation of the process by 
which schools may be approved to obtain access to the Student and 
Exchange Visitor Information System (SEVIS). On October 30, 2001, the 
President issued Homeland Security Directive No. 2 requiring DHS to 
conduct periodic reviews of all institutions certified to receive 
nonimmigrant students. The Enhanced Border Security and Visa Entry 
Reform Act of 2002, Public Law 107-173 enacted May 14, 2002, also 
requires a periodic review of school approvals.
This rule governs the review and certification process that DHS uses to 
approve schools to enroll foreign students. While DHS had in place an 
existing process for certifying and decertifying schools, DHS requires 
all previously approved schools to apply for certification in 
accordance with these new mandates cited above, prior to being allowed 
to enroll in SEVIS.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              09/25/02                    67 FR 60107
Interim Final Rule Effective    09/25/02
Interim Final Rule Comment 
Period End                      11/25/02
Final Action                    11/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2217-02
Transferred from RIN 1615-AA77

Agency Contact: Susan Geary, Acting Director, Student and Visitor 
Exchange Program, Department of Homeland Security, Bureau of 
Immigration and Customs Enforcement, 800 K Street NW., Washington, DC 
20536
Phone: 202 305-2346
Fax: 202 353-3723
Email: [email protected]

Related RIN: Previously reported as 1115-AG71
RIN: 1653-AA31
_______________________________________________________________________




1293. REDUCED COURSE LOAD FOR CERTAIN F AND M NONIMMIGRANT STUDENTS AT 
BORDER COMMUNITIES

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1101 note 1; 8 USC 1103; 8 USC 1182; 
8 USC 1184; 8 USC 1187; 8 USC 1221; 8 USC 1281; 48 USC 1901; 48 USC 
1931; PL 104-208; . . .

CFR Citation: 8 CFR 214

Legal Deadline: None

Abstract: This rule amends DHS regulations governing F and M 
nonimmigrants. This rule clarified that nonimmigrant aliens who reside 
outside the United States and regularly commute across a land border to 
study may do so on a part-time basis within the F or M nonimmigrant 
category. It is common for aliens residing outside the United States, 
such as in Canada or Mexico, to enroll part-time in a border 
educational institution, entering the United States daily to pursue 
part-time studies. This rule is written to overcome the significant 
disruption of part-time study that had become an accepted fact of life 
along the borders. Additionally, these changes were made to facilitate 
and legitimize certain part-time study along border communities while 
ensuring that all applicable requirements and safeguards were met.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              08/27/02                    67 FR 54941
Interim Final Rule Comment 
Period End                      10/27/02
Final Action                    10/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2220-02
Transferred from RIN 1615-AA79

Agency Contact: Susan Geary, Acting Director, Student and Visitor 
Exchange Program, Department of Homeland Security, Bureau of 
Immigration and Customs Enforcement, 800 K Street NW., Washington, DC 
20536
Phone: 202 305-2346
Fax: 202 353-3723
Email: [email protected]

Related RIN: Previously reported as 1115-AG75
RIN: 1653-AA32
_______________________________________________________________________




1294. DENIAL AND WITHDRAWAL FOR APPROVAL OF SCHOOLS FOR ATTENDANCE BY 
NONIMMIGRANT STUDENTS

Priority: Other Significant

Legal Authority: 8 USC 1101 to 1103; 8 USC 1182; 8 USC 1184; . . .

CFR Citation: 8 CFR 214

Legal Deadline: None

Abstract: DHS amended its regulations to clarify its procedures for 
denial of applications by schools for approval to enroll nonimmigrant 
students. The DHS also streamlined and aligned the withdrawal process 
with the denial and appeal process. Finally, DHS assumed the authority 
to suspend a school's approval to issue form I-20, Certificate of 
Eligibility for Nonimmigrant Status for Academic and Language Students, 
during denial or withdrawal proceedings.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              09/00/05
Interim Final Rule Comment 
Period End                      10/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

[[Page 26991]]

Additional Information: CIS No. 2239-02
Transferred from RIN 1615-AA85

Agency Contact: Jill Drury, Director, Student and Exchange Visitor 
Program, Department of Homeland Security, Bureau of Immigration and 
Customs Enforcement, 801 K Street NW., Washington, DC 20536
Phone: 202 305-2346

RIN: 1653-AA33
_______________________________________________________________________




1295. AUTHORIZING SUSPENSION OF EMPLOYMENT AUTHORIZATION REQUIREMENTS ON 
THE BASIS OF SEVERE ECONOMIC HARDSHIP FOR F-1 STUDENTS AND EMERGENT 
CIRCUMSTANCES

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1182; 8 USC 1186a; 8 USC 
1187; 8 USC 1221; 8 USC 1281; 8 USC 1282

CFR Citation: 8 CFR 214

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule-CIS No. 1914-
98                              06/10/98                    63 FR 31871
Interim Final Rule Comment 
Period End                      08/10/98
Final Action                    12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

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

Agency Contact: Jill Drury, Director, Student and Exchange Visitor 
Program, Department of Homeland Security, Bureau of Immigration and 
Customs Enforcement, 801 K Street NW., Washington, DC 20536
Phone: 202 305-2346

Related RIN: Previously reported as 1115-AF15
RIN: 1653-AA34
_______________________________________________________________________




1296. CHANGE IN BUSINESS PRACTICES; ACCEPTANCE OF PAYMENTS OF FEES BY 
CREDIT CARD AND OTHER ELECTRONIC MEANS WHERE POSSIBLE

Priority: Other Significant

Legal Authority: PL 98-369; 31 USC 3720

CFR Citation: 8 CFR 103.7

Legal Deadline: None

Abstract: The Department of Homeland Security (DHS) proposes to expand 
the acceptance of credit cards and other electronic means to collect 
fees from the public. DHS currently accepts fees at seven locations in 
three of its 33 districts. DHS proposes to implement credit card 
acceptance at 16 of these districts. The intended benefit is two-fold: 
to provide the Department with a faster, more efficient collection and 
record keeping mechanism while affording the customer a convenient 
alternative payment method.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              09/00/05
Interim Final Rule Comment 
Period End                      11/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2181-01
Transferred from RIN 1615-AA70

Agency Contact: Sandra Waterton, Department of Homeland Security, 
Bureau of Immigration and Customs Enforcement, 800 K Street NW., 
Washington, DC 20536
Phone: 202 305-1200

RIN: 1653-AA36
_______________________________________________________________________




1297. IMPLEMENTATION OF THE BORDER COMMUTER STUDENT ACT OF 2002

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1101 note; 8 USC 1103; 8 USC 1182; 8 
USC 1184; 8 USC 1187; 8 USC 1221; 8 USC 1281; . . .

CFR Citation: 8 CFR 214

Legal Deadline: None

Abstract: This rule implements recent legislation creating new visa 
classifications applicable to part-time students who commute across the 
border. Previously, DHS created an option for F-1 and M-1 nonimmigrant 
students to enroll in a reduced course load if the nonimmigrant 
maintained residence in their home country of Mexico or Canada and 
commuted to schools within 75 miles of the border. These special F-1 
and M-1 nonimmigrants were required to pursue a full course of study 
albeit at part-time enrollment. This rule has been drafted to effect 
congressional legislation that created new visa classifications, F-3 
and M-3, for border commuter student nonimmigrants. The F-3 and M-3 
visa categories replace the option of reduced course load for border 
commuter students within the F-1 and M-1 visa categories. When this 
rule is made effective, any student from Canada or Mexico wishing to 
enroll in a reduced course load for purposes of commuting must obtain 
an F-3 or an M-3 visa accordingly. The F-3 and M-3 visa holders will be 
tracked in the Student and Exchange Visitor Information System (SEVIS) 
administered by DHS and the Student and Exchange Visitor Program 
(SEVP), a component of U.S. Immigration and Customs Enforcement.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              09/00/05
Interim Final Rule Comment 
Period End                      11/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

[[Page 26992]]

Government Levels Affected: None

Additional Information: CIS No. 2290-03

Agency Contact: Susan Geary, Acting Director, Student and Visitor 
Exchange Program, Department of Homeland Security, Bureau of 
Immigration and Customs Enforcement, 800 K Street NW., Washington, DC 
20536
Phone: 202 305-2346
Fax: 202 353-3723
Email: [email protected]

RIN: 1653-AA37
_______________________________________________________________________




1298. CIVIL MONETARY PENALTIES INFLATION ADJUSTMENT

Priority: Other Significant

Legal Authority: 8 USC 1103; 8 USC 1221; 8 USC 1223; 8 USC 1227; 8USC 
1229; 8 USC 1253; . . .

CFR Citation: 8 CFR 280

Legal Deadline: None

Abstract: This rule revises the DHS civil monetary penalty regulations 
to make inflation adjustments to the civil monetary penalties imposed 
by DHS as amended by the Debt Collection Improvement Act of 1996. The 
rule raises the penalties that DHS may impose on violators, in 
accordance with the inflation adjusted procedures. The inflation 
adjustments are issued to ensure that penalties maintain their 
deterrent effect for various specified unlawful acts.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: ICE No. 2305-03

Agency Contact: Sandra Waterton, Acting Chief of Cash Management, 
Department of Homeland Security, Bureau of Immigration and Customs 
Enforcement, Office of Financial Management, 800 K Street NW., 10th 
Floor, Washington, DC 20536
Phone: 202 305-1200

RIN: 1653-AA39
_______________________________________________________________________




1299. ESTABLISHING PROCEDURES FOR RECERTIFICATION OF SCHOOLS APPROVED BY 
THE STUDENT AND EXCHANGE VISITOR PROGRAM (SEVP) TO ENROLL F OR M 
NONIMMIGRANT STUDENTS

Priority: Other Significant

Legal Authority: PL 107-173, sec 502; 8 USC 1356(m); PL 107-56

CFR Citation: 8 CFR 103; 8 CFR 214

Legal Deadline: Final, Statutory, October 2004, Schools become eligible 
for recertification as early as October 1, 2004.
The Uniting and Strengthening America by Providing Appropriate Controls 
Required to Intercept and Obstruct Terrorism Act (USA PARTRIOT Act), 
Public Law 107-56, mandated that SEVIS be completely implemented before 
January 1, 2003. Both Directive No. 2 and the Border Security Act 
require DHS to conduct periodic reviews of all schools within two years 
of the initial approval of their SEVP certification, and every two 
years thereafter. In order to meet this mandate.

Abstract: This interim rule amends DHS regulations governing 
recertification of schools approved by the Student and Exchange Visitor 
Program (SEVP) for attendance by F or M nonimmigrant students. It sets 
the fee amount for recertification at a flat nonrefundable rate of 
$580, adds a provision to allow a school to voluntarily withdraw from 
its certification, and clarifies procedures for school operation with 
regard to nonimmigrant students during the review process and following 
withdrawal of certification.
On October 30, 2001, the President issued Homeland Security Directive 
No. 2, requiring periodic reviews of all institutions certified to 
receive nonimmigrant students. The Enhanced Border Security and Visa 
Entry Reform Act of 2002 (Border Security Act), Public Law 107-173, 
enacted May 14, 2002, also requires a periodic review of approved 
schools every two years. This rule is being promulgated consistent with 
these mandates.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              06/00/05
Interim Final Rule Comment 
Period End                      08/00/05

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses, Organizations

Government Levels Affected: None

Additional Information: ICE No. 2329-04

Agency Contact: Susan Geary, Acting Director, Student and Visitor 
Exchange Program, Department of Homeland Security, Bureau of 
Immigration and Customs Enforcement, 800 K Street NW., Washington, DC 
20536
Phone: 202 305-2346
Fax: 202 353-3723
Email: [email protected]

RIN: 1653-AA42
_______________________________________________________________________




1300. ESTABLISH COMPLIANCE CRITERIA AND COMPREHENSIVE FEE FOR 
RECERTIFICATION OF SCHOOLS APPROVED BY THE STUDENT AND EXCHANGE VISITOR 
PROGRAM (SEVP) TO ENROLL F OR M NONIMMIGRANT STUDENTS

Priority: Economically Significant

Legal Authority: 8 USC 1356(m); PL 107-56; PL 107-173

CFR Citation: 8 CFR 103; 8 CFR 214.3; 8 CFR 214.4

Legal Deadline: None

Abstract: On October 30, 2001, the President issued Homeland Security 
Directive No. 2, requiring periodic reviews of all institutions 
certified to accept nonimmigrant students. The Enhanced Border Security 
and Visa Entry Reform Act of 2002 (Border Security Act), enacted May 
12, 2004, also requires a periodic review of approved schools every two 
years.
This interim rule amends DHS regulations governing recertification of 
schools approved by the Student and Exchange Visitor Program (SEVP) for 
attendance by F or M nonimmigrant students. The rule establishes 
criteria for recertification of SEVP certified schools every two years. 
The rule sets the fee amount for recertification at a rate, which 
incorporates all cost of implementing the recertification process.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              09/00/05
Interim Final Rule Comment 
Period End                      11/00/05

[[Page 26993]]

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Susan Geary, Acting Director, Student and Visitor 
Exchange Program, Department of Homeland Security, Bureau of 
Immigration and Customs Enforcement, 800 K Street NW., Washington, DC 
20536
Phone: 202 305-2346
Fax: 202 353-3723
Email: [email protected]

RIN: 1653-AA44
_______________________________________________________________________




1301. [bull] DUTIES OF OFFICERS; ADMINISTRATIVE CONTROL OF REMOVAL 
ORDERS

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1183; 8 USC 1185; . . .

CFR Citation: 8 CFR 235; 8 CFR 236; 8 CFR 241; 8 CFR 287

Legal Deadline: None

Abstract: The Secretary of Homeland Security is publishing this rule to 
define: 1) which official has authority over an alien's immediate 
custody when detained by the Department of Homeland Security (DHS); and 
2) which official has administrative control over an alien's removal 
(and execution of the warrant for an alien's removal, if applicable) 
from the United States. DHS is publishing this rule to reflect that the 
official with immediate custody of a detained alien shall be the 
official with day-to-day control over the alien's physical environment. 
The rule defines the duties of these custodians.
If an alien is not detained, the rule generally reflects that the Field 
Office Director (FOD) or his designee within the Bureau of Immigration 
and Customs Enforcement (ICE) has geographical jurisdiction over the 
place with administrative control over the Record of Proceeding of an 
alien's removal, whether that record is created by DHS or by the 
Executive Office for Immigration Review, a branch of the Department of 
Justice, shall have administrative control over the alien's removal and 
execution of the warrant of removal. The rule reflects that transfers 
of cases and control of removal and execution of the warrant of removal 
occur once the agency acknowledges a transfer in writing.
The rule generally reflects that if the alien is detained, only the FOD 
with geographical jurisdiction over the place where the alien is 
detained or his designee has administrative control over the alien's 
removal and execution of the warrant of removal. The rule also reflects 
that only the FOD or his designee can transfer this administrative 
control to a FOD or his designee in another geographical jurisdiction 
or to another person and/or office within the FOD's own district, 
whether or not an alien requests such a transfer. Finally, the 
regulation reflects that only the Director of Field Operations (DFO) or 
his designee for the Bureau of Customs and Border Protection (CBP) has 
administrative control over an alien's removal if the alien has been 
placed in expedited removal and the alien remains in CBP custody.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Roger Sagerman, Department of Homeland Security, Bureau 
of Immigration and Customs Enforcement, Chief Enforcement Law Division, 
425 I Street NW., Suite 6100, Washington, DC 20536
Phone: 202 514-2895

RIN: 1653-AA46
_______________________________________________________________________




1302. [bull] ELECTRONIC SIGNATURE AND STORAGE OF FORM I-9, EMPLOYMENT 
ELIGIBILITY VERIFICATION

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1324a; 8 CFR 2

CFR Citation: 8 CFR 274a

Legal Deadline: None

Abstract: This interim rule amends Department of Homeland Security 
(DHS) regulations to provide that employers and recruiters or referrers 
for a fee required to complete and retain Forms I-9, Employment 
Eligibility Verification, may sign and retain these forms 
electronically. This rule implements statutory changes to the Form I-9 
retention requirement that President George W. Bush signed into law on 
October 30, 2004. In implementing these changes, this rule sets 
standards for electronic signatures and the electronic retention of the 
Form I-9.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              08/00/05
Interim Final Rule Comment 
Period End                      10/00/05

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: Federal, Local, State, Tribal

Additional Information: ICE 2345-05

Agency Contact: Tim Haugh, Director, Policy Formulation, Department of 
Homeland Security, Bureau of Immigration and Customs Enforcement, Room 
5114, 425 I Street NW., Washington, DC 20536
Phone: 202 514-8693

RIN: 1653-AA47
_______________________________________________________________________


Department of Homeland Security (DHS)                 Long-Term Actions


Bureau of Immigration and Customs Enforcement (BICE)



_______________________________________________________________________




1303. EMPLOYER SANCTIONS MODIFICATIONS

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1324a

CFR Citation: 8 CFR 2; 8 CFR 274a

Legal Deadline: None

Abstract: DHS is considering further changes to streamline the 
verification and enforcement process requirements related to the 
Employer Sanctions provisions of the Immigration Reform and Control 
Act.
We published an interim rule in 1996, INS No. 1738, allowing DHS to 
issue

[[Page 26994]]

and serve a Warning Notice upon an alleged violator after DHS has 
determined that a person or entity has violated section 274a of the 
Act. This rule also allows interested parties to electronically 
generate blank copies of the Employment Eligibility Verification Form 
(Form I-9).
On September 30, 1996, the Illegal Immigration Reform and Immigrant 
Responsibility Act was enacted (IIRIRA). Section 411(a) of IIRIRA 
allows employers who have made a good faith attempt to comply with a 
particular employment verification requirement to correct technical or 
procedural failures before such failures are deemed to be violations of 
the INA. We issued a proposed rule on April 7, 1998, INS No. 1819, to 
implement this provision and we are in the process of preparing a final 
rule. Because the issuance of Warning Notices requires that violation 
determinations be made, it is being examined in conjunction with INS 
No. 1819 in light of section 411(a) of IIRIRA. The anticipated 
publication date of a final rule will not be determined until issues 
regarding implementation of section 411(a) of IIRIRA are resolved.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule-INS No. 1738 10/07/96                    61 FR 52235
Correction (Interim Final Rule) 10/29/96                    61 FR 55840
Interim Final Rule Comment 
Period End                      11/06/96
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Additional Information: INS Nos. 1737 and 1738
Transferred from RIN 1115-AE21

Agency Contact: Richard Burgess, Investigator, Department of Homeland 
Security, Bureau of Immigration and Customs Enforcement, 425 I Street 
NW., Washington, DC 20536
Phone: 202 616-7487

RIN: 1653-AA01
_______________________________________________________________________




1304. AGREEMENT PROMISING NONDEPORTATION OR OTHER IMMIGRATION BENEFITS

Priority: Other Significant

Legal Authority: 5 USC 301; 28 USC 509; 28 USC 510; 28 USC 515 to 519

CFR Citation: 28 CFR 0.197

Legal Deadline: None

Abstract: This rule will finalize a 1996 interim final rule that 
requires Federal prosecutors, law enforcement agencies, and other 
officials to obtain written consent from DHS when entering into a plea 
agreement, cooperation agreement, or similar agreement promising an 
alien favorable treatment by DHS. This rule ensures that favorable 
treatment under the immigration laws is extended only after a full 
consideration of its effect on overall immigration enforcement, 
alleviates confusion over the authority to enforce the immigration 
laws, and prevents the Department from being bound by agreements 
undertaken without its knowledge and approval.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              09/13/96                    61 FR 48405
Interim Final Rule Comment 
Period End                      11/12/96
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: INS No. 1791-96
Transferred from RIN 1115-AE50

Agency Contact: Rachel Silber, Attorney, Department of Homeland 
Security, Bureau of Immigration and Customs Enforcement, 425 I Street 
NW., Washington, DC 20536
Phone: 202 514-2895

RIN: 1653-AA02
_______________________________________________________________________




1305. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING

Priority: Other Significant

Legal Authority: 5 USC 552; 5 USC 552a; 8 USC 1101; 8 USC 1103; 8 USC 
1104; 8 USC 1252; 22 USC 7101; 22 USC 7105; . . .

CFR Citation: 28 CFR 1100

Legal Deadline: Other, Statutory, April 28, 2001, Statutory deadline 
for promulgation of regulations.

Abstract: This rule amends 28 CFR and sets forth implementing guidance 
for section 107(c) of the Victims of Trafficking and Violence 
Protection Act of 2000. The Secretary and the Secretary of State are 
promulgating these regulations for law enforcement, Immigration, and 
Department of State (DOS) officials regarding the protection of victims 
of severe forms of trafficking who are in custody, the access of such 
victims to information about their rights and translation services, and 
the training of appropriate DHS and DOS personnel in identifying and 
protecting such victims. The rule also addresses the authority of 
Federal law enforcement officials to permit the continued presence in 
the United States of certain victims of severe forms of trafficking who 
are potential witnesses in order to aid prosecutions.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              07/24/01                    66 FR 38514
Interim Final Rule Comment 
Period End                      10/22/01
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: INS No. 2133-01
Transferred from RIN 1115-AG20

Agency Contact: Sue Shriner, Victim-Witness Coordinator, Department of 
Homeland Security, Bureau of Immigration and Customs Enforcement, 425 I 
Street NW., Washington, DC 20536
Phone: 202 616-8737

RIN: 1653-AA09
_______________________________________________________________________




1306. POWERS AND AUTHORITIES OF OFFICERS AND EMPLOYEES

Priority: Other Significant

Legal Authority: PL 107-296

CFR Citation: 8 CFR 236; 8 CFR 239; 8 CFR 241; 8 CFR 287

Legal Deadline: None

Abstract: On November 25, 2002, the President signed into law the 
Homeland Security Act of 2002 (Pub.

[[Page 26995]]

L. 107-296), which created the new Department of Homeland Security 
(DHS). Pursuant to the provisions of the HSA, DHS came into existence 
on January 24, 2003. The functions of the Immigration and 
Naturalization Service (Service) and all authorities with respect to 
those functions, transferred to DHS on March 1, 2003, and the Service 
was abolished on that date, pursuant to the HSA and the Department of 
Homeland Security Reorganization Plan, as modified (Reorganization 
Plan). The transition and savings provisions of the HSA, including 
sections 1512(d) and 1517, provide that references relating to the 
Service in statutes, regulations, directives, or delegations of 
authority shall be deemed to refer to the appropriate official or 
component of DHS. DHS is promulgating this rule to continue the process 
of conforming the text of title 8 of the Code of Federal Regulations to 
the governmental structures established in the HSA and Reorganization 
Plan. This rule is not intended to and does not restrict or otherwise 
limit the authority of any DHS officer.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Nelson Perez, Special Counsel, Department of Homeland 
Security, Bureau of Immigration and Customs Enforcement, Office of 
Principal Legal Advisor, 425 I Street NW., Washington, DC 20536
Phone: 202 514-2895
Email: [email protected]

RIN: 1653-AA27
_______________________________________________________________________




1307. REMOVAL OF COMPANIES HOLDING A CERTIFICATE FROM THE SECRETARY OF 
THE TREASURY AS AN ACCEPTABLE SURETY ON IMMIGRATION BONDS

Priority: Other Significant

Legal Authority: 5 USC 301; 5 USC 552; 5 USC 552a; 8 USC 1101; 8 USC 
1103; . . .

CFR Citation: 8 CFR 103

Legal Deadline: None

Abstract: This proposed amendment would revise the regulations of the 
Department of Homeland Security (DHS), U.S. Immigration and Customs 
Enforcement (ICE), by defining a cash bond system and eliminating the 
selected provisions. This regulatory change will increase alien 
appearance rates and minimize dollar losses to the United States. Under 
the proposed rule, surety companies holding a certificate from the 
Secretary of the Treasury will no longer be acceptable security for 
posting immigration bonds. Bonds posted before the effective date of 
the final rule will not be affected.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Bryan Wilcox, Chief, Bond Management Unit, Department 
of Homeland Security, Bureau of Immigration and Customs Enforcement, 
801 I Street NW., Washington , DC 20536
Phone: 202 305-2734
Fax: 202 353-9435
Email: [email protected]

RIN: 1653-AA38
_______________________________________________________________________




1308. REQUIREMENTS FOR ADMISSION, EXTENSION, AND MAINTENANCE OF 
NONIMMIGRANT STATUS; EFFECT OF VISA REVOCATION

Priority: Other Significant

Legal Authority: 8 USC 1101 to 1103; 8 USC 1182; 8 USC 1184; 8 USC 
1186a; 8 USC 1187; . . .

CFR Citation: 8 CFR 214

Legal Deadline: None

Abstract: This rule proposes to amend the Department of Homeland 
Security (DHS) regulations by providing that aliens admitted to the 
United States may no longer maintain valid immigration status once 
their nonimmigrant visas have been revoked. DHS believes that having 
the ability to place admitted aliens whose nonimmigrant visas have been 
revoked pursuant to section 221(i) of the Immigration and Nationality 
Act in removal proceedings will enhance national security and public 
safety.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: ICE No. 2307

Agency Contact: Robert Emery, Chief, National Security Law Division, 
Department of Homeland Security, Bureau of Immigration and Customs 
Enforcement, 425 I Street NW., Room 6109, Washington, DC 20536
Phone: 202 514-2895

RIN: 1653-AA40
_______________________________________________________________________


Department of Homeland Security (DHS)                 Completed Actions


Bureau of Immigration and Customs Enforcement (BICE)



_______________________________________________________________________




1309. NONIMMIGRANT CLASSES; S CLASSIFICATION; LAW ENFORCEMENT 
INITIATIVES; ALIEN WITNESSES

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1324a; 8 CFR 2; 8 USC 1102; 8 USC 
1103; 8 USC 1182; 8 USC 1184; 8 USC 1225; 8 USC 1226; 8 USC 1228; 8 USC 
1252

CFR Citation: 8 CFR 212; 8 CFR 214; 8 CFR 274a; 8 CFR 299; 8 CFR 103

Legal Deadline: None

Abstract: Two regulatory initiatives dealing with the processing of 
alien witnesses have been prepared by the Department of Justice. INS 
No. 1683-94 provides the application and approval process for the 
admission of aliens in S nonimmigrant classification. It provides 
guidance to the various law enforcement agencies needing alien 
witnesses and informants to complete critical law enforcement 
initiatives in the United States. INS No. 1728-95

[[Page 26996]]

establishes a fee for the processing of Form I-854, Inter-Agency Alien 
Witness and Informant Record, for Law Enforcement Agency (LEA) requests 
for S nonimmigrant classification for eligible alien witnesses and 
informants. The fee recovers the costs of the processing of requests 
for immigration benefits and is needed to comply with specific Federal 
immigration laws and Federal user fee statute and regulations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule-INS No. 1683 
Eff. 8/25/95; Comment Period End 
12/4/95                         08/25/95                    60 FR 44260
Interim Final Rule-INS No. 1683 
Correction                      10/05/95                    60 FR 52068
Interim Final Rule-INS No. 1683 
Correction                      10/05/95                    60 FR 52248
Withdrawn                       05/05/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal, Local, State, Tribal

Additional Information: INS No. 1683-94; and INS No. 1728-95
Transferred from RIN 1115-AD86

Agency Contact: Angel Melendez, Section Chief, Department of Homeland 
Security, Bureau of Immigration and Customs Enforcement, 425 I Street 
NW., Washington, DC 20536
Phone: 202 353-0120
Email: [email protected]

RIN: 1653-AA00
_______________________________________________________________________




1310. USE OF PAROLE FOR HUMANITARIAN REASONS OR SIGNIFICANT PUBLIC 
BENEFIT

Priority: Other Significant

Legal Authority: 8 USC 1182

CFR Citation: 8 CFR 212

Legal Deadline: NPRM, Statutory, September 11, 1997.

Abstract: Changes to the current regulations are necessitated by 
section 602 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996. This section has reworded certain parole 
authority by stipulating parole on a case-by-case basis for urgent 
humanitarian reasons or significant public benefit.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       02/25/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal, Local, State, Tribal

Additional Information: INS No. 1840-97
See also (INS No. 2004-99): This interim final rule published on 
December 28, 2000, amended the regulations concerning the authority to 
grant the parole of aliens from DHS custody by specifically identifying 
the scope of that authority to include the Secretary. This action was 
taken to clarify which individuals are authorized by the Secretary to 
grant parole from DHS custody.
Transferred from RIN 1115-AE68

Agency Contact: Kenneth Leutbecker, Director, Department of Homeland 
Security, Bureau of Immigration and Customs Enforcement, Attn: ULLICO 
Building, Third Floor, 800 North Capital Street NW., Washington, DC 
20536
Phone: 202 305-2670

RIN: 1653-AA04
_______________________________________________________________________




1311. INCREASING THE NUMBER OF OFFICERS AUTHORIZED TO ISSUE NOTICES TO 
APPEAR AND ARREST WARRANTS FOR IMMIGRATION VIOLATIONS

Priority: Other Significant

Legal Authority: 8 USC 1103; 8 USC 1221; 8 USC 1229; 8 CFR 2

CFR Citation: 8 CFR 239; 8 CFR 287

Legal Deadline: None

Abstract: This rule increases the number of officers authorized to 
issue notices to appear, and warrants of arrest for immigration 
violations. Currently, the authority to issue notices to appear and to 
issue arrest warrants for immigration violations, is limited to a small 
number of DHS officers. The present listing identifies the officers 
authorized to issue by specific position. This revision increases the 
number of issuing officers and identifies issuing authority by job 
title. The action is necessary to improve Department operations since 
many DHS employees are posted great distances away from the officials 
who are currently authorized to issue notices to appear and arrest 
warrants.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       02/25/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: INS No. 2137-01
Transferred from RIN 1115-AG22

Agency Contact: Joseph Greene, Department of Homeland Security, Bureau 
of Immigration and Customs Enforcement, 425 I Street NW., Washington, 
DC 20536
Phone: 202 514-0078

RIN: 1653-AA10
_______________________________________________________________________




1312. AUTHORIZING COLLECTION OF FEE LEVIED ON F, J, AND M NONIMMIGRANT 
CLASSIFICATIONS UNDER ILLEGAL IMMIGRATION REFORM AND IMMIGRANT 
RESPONSIBILITY ACT (IIRIRA)

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1182; 8 USC 1184; 8 USC 
1186a; . . .

CFR Citation: 8 CFR 103; 8 CFR 214; 8 CFR 299

Legal Deadline: None

Abstract: This rule amends DHS regulations to establish a fee, pursuant 
to section 641 of the Illegal Immigration Reform and Immigrant 
Responsibility Act (IIRIRA), as amended by Public Law 106-396. In 
accordance with these statutes, the alien will remit the fee directly 
to the Secretary of DHS at a time prior to the alien being classified 
as an F, J, or M nonimmigrant. The rule outlines fee amounts, who is 
subject to paying the fees, when the fee must be paid, and the 
consequences for failure to pay the fee. This rule is necessary to 
implement section 641 of the IIRIRA, as amended, as well as authorized 
under sections 103 and 214 of the Immigration and Nationality Act and 
under 31 U.S.C. 9701.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/21/99                    64 FR 71323
NPRM Comment Period End         02/22/00

[[Page 26997]]

Interim Final Rule              10/27/03                    68 FR 61148
Final Action                    07/01/04                    69 FR 39814

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: INS No. 1991-99
Transferred from RIN 1115-AF56

Agency Contact: Susan Geary, Acting Director, Student and Visitor 
Exchange Program, Department of Homeland Security, Bureau of 
Immigration and Customs Enforcement, 800 K Street NW., Washington, DC 
20536
Phone: 202 305-2346
Fax: 202 353-3723
Email: [email protected]

RIN: 1653-AA23
_______________________________________________________________________




1313. REVISION OF THE REGULATIONS CONCERNING F, J, AND M NONIMMIGRANT 
CLASSIFICATIONS

Priority: Other Significant

Legal Authority: 5 USC 552; 5 USC 552(a); 8 USC 1101; 8 USC 1103; 8 USC 
1201; 8 USC 1252 note; 8 USC 1252(b); 8 USC 1304; 8 USC 1356; 31 USC 
9701; EO 12356; . . .

CFR Citation: 8 CFR 103; 8 CFR 214

Legal Deadline: None

Abstract: This rule sets the foundation for implementation of the 
Student and Exchange Visitor Information System (SEVIS), an Internet-
based system that provides tracking and monitoring functionality, with 
access to current information on nonimmigrant students and exchange 
visitors. SEVIS is being integrated into the new Entry-Exit system, 
named U.S. Visitor and Immigrant Status Indication Technology System 
(U.S.VISIT). VISIT is a DHS program that enhances our country's entry 
exit system by enabling the U.S. to effectively verify the identity of 
incoming visitors and confirm compliance with visa and immigration 
policies. The initiative involves collecting travel information and 
``biometric identifiers.''
There are three principal laws that require the Secretary to develop an 
automated system to track foreign students and exchange visitors:
1. Section 641 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (IIRIRA);
2. Section 416 of the Uniting and Strengthening America by Providing 
Appropriate Tools Required to Intercept and Obstruct Terrorism Act 2001 
(USA PATRIOT Act); and
3. Section 501 of the Enhanced Border Security and Visa Entry Reform 
Act of 2002 (Border Security Act).
IIRIA requires the DHS to collect current information, on an ongoing 
basis, form schools and exchange programs relating to nonimmigrant 
foreign students and exchange visitors during their stay in the United 
States. Additionally, the USA PATRIOT Act amended section 641 of IIRIRA 
to require implementation and expansion of SEVIS before January 1, 
2003. Furthermore, the Border Security Act clarifies the collection of 
information required by SEVIS and adds the specific requirement that 
educational institutions report failure of an alien to enroll not later 
than 30 days after the registration deadline of the institution.
While this rule implements SEVIS, this is only one component of the 
Student and Exchange Visitor Program (SEVP). Further rulemaking is 
necessary to the overall reengineering process and success of SEVP. The 
review and registration of all schools and exchange visitor programs in 
SEVIS was required before January 30, 2003, as well as subsequent 
recertifications of these institutions every two years. Implementation 
of the student fee regulation mandated by Congress in IIRIRA to pay for 
the operation and maintenance of SEVIS is pending.
As part of this ongoing program, DHS published an interim final rule at 
67 FR 44344, July 1, 2002, allowing schools that met certain criteria 
to preliminary enroll in SEVIS beginning on July 1, 2002. DHS published 
another rule, 67 FR 60107, September 25, 2002, that required all 
schools to apply for certification in SEVIS in order to be able to 
begin accepting or continue accepting foreign students by August 1, 
2003. This rule describes recertification, withdrawal, and the denial 
process for SEVIS. Finally, DHS reintroduced a rule for collection of 
the student and exchange visitor fee, 68 FR 61149, October 27, 2003.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM (INS No. 2185-02)          05/16/02                    67 FR 34862
NPRM Comment Period End         06/16/02
Interim Final Rule (INS No. 
2211-02)                        07/01/02                    67 FR 44343
Interim Final Rule Comment 
Period End                      07/31/02
Final Action (INS No. 2185-02)  12/02/02                    67 FR 31184

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: INS No. 1991-99
Transferred from RIN 1115-AF56

Agency Contact: Susan Geary, Acting Director, Student and Visitor 
Exchange Program, Department of Homeland Security, Bureau of 
Immigration and Customs Enforcement, 800 K Street NW., Washington, DC 
20536
Phone: 202 305-2346
Fax: 202 353-3723
Email: [email protected]

RIN: 1653-AA24
_______________________________________________________________________




1314. COUNTRIES TO WHICH ALIENS MAY BE REMOVED

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: Not Yet Determined

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: This interim rule will discuss and interpret section 241(b), 
countries to which aliens may be removed, of the Immigration and 
Nationality Act. The rule will discuss countries to which aliens with 
final administrative orders may be removed.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       02/10/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Roger Sagerman, Department of Homeland Security, Bureau 
of Immigration and Customs Enforcement, Chief Enforcement Law

[[Page 26998]]

Division, 425 I Street NW., Suite 6100, Washington, DC 20536
Phone: 202 514-2895

RIN: 1653-AA35
_______________________________________________________________________




1315. EXECUTION OF REMOVAL ORDERS; COUNTRIES TO WHICH ALIENS MAY BE 
REMOVED

Priority: Other Significant

Legal Authority: 5 USC 301; 5 USC 552; 5 USC 552a; 8 USC 1103; 8 USC 
1182; . . .

CFR Citation: 8 CFR 236; 8 CFR 241

Legal Deadline: None

Abstract: The Secretary of Homeland Security and the Attorney General 
published this combined notice of proposed rulemaking to amend their 
respective agencies' regulations pertaining to removal of aliens.
The Department of Homeland Security proposes to amend its rule to 
establish that acceptance by a country is not required under specific 
provisions of section 241(b) of the Immigration and Nationality Act 
(Act) (8 U.S.C. 1231(b)) in order to remove an alien to that country, 
and that a ``country'' for the purpose of removal is not premised on 
the existence or functionality of a government in that country. This 
rule clarifies the countries to which an alien may be removed and the 
situations in which the Secretary of Homeland Security will remove an 
alien to an alternative or additional country. The rule also implements 
a screening mechanism to review aliens' claims that they would face 
persecution or torture in a country of removal that was not identified 
during their removal proceedings before an immigration judge.
The Department of Justice proposed rule clarifies the procedure for an 
alien to designate the country to which he would prefer to be removed, 
provides that the immigration judge shall inform any alien making such 
a designation that the alien may be removed to another country under 
section 241(b) of the Act at the discretion of the Secretary of 
Homeland Security in effecting the foreign policy of the United States, 
and clarifies the effect of an identification of a country for removal 
in an immigration judge's order of removal from the United States. The 
rule clarifies that acceptance by a country is not a factor to be 
considered by the immigration judge. The Department of Justice proposed 
rule also makes technical changes to eliminate unnecessary provisions 
and update references pursuant to the enactment of the Homeland 
Security Act of 2002.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    01/05/05                      70 FR 661
Final Action Effective          02/05/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Leonard Kovensky, DAD, Removals, Department of Homeland 
Security, Bureau of Immigration and Customs Enforcement, 801 I Street 
NW., Suite 900, Washington, DC 20536
Phone: 202 305-2734
Fax: 202 353-9435

Related RIN: Previously reported as 1653-AA41
RIN: 1653-AA41
_______________________________________________________________________


Department of Homeland Security (DHS)               Proposed Rule Stage


Directorate of Emergency Preparedness and Response (EP&R)/FEMA



_______________________________________________________________________




1316. DISASTER ASSISTANCE; FIRE MANAGEMENT ASSISTANCE GRANT PROGRAM

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 5121 to 5206

CFR Citation: 44 CFR 204

Legal Deadline: None

Abstract: This proposed rule would revise the implementing regulations 
for section 420 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act, 42 U.S.C. 5187, as amended by section 303 of the 
Disaster Mitigation Act of 2000, which provides overall program 
guidance on the operation and administration of the Fire Management 
Assistance Grant Program (FMAGP). The revisions incorporated into this 
proposed rule are designed to facilitate the grant application and 
administration processes of FMAGP, thereby improving the delivery of 
financial assistance to the State, local, and Indian tribal 
governments.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Local, State, Tribal

Agency Contact: James A. Walke, Recovery Division, Department of 
Homeland Security, Directorate of Emergency Preparedness and Response/
FEMA, 500 C Street SW., Washington, DC 20472
Phone: 202 646-2751
Fax: 202 646-3304
Email: [email protected]

RIN: 1660-AA26
_______________________________________________________________________




1317. NATIONAL FLOOD INSURANCE PROGRAM; STANDARD FLOOD INSURANCE POLICY; 
EXPANSION OF INCREASED COST OF COMPLIANCE (ICC) COVERAGE AND PROSPECTIVE 
PAYMENT OF FLOOD INSURANCE PREMIUMS

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 42 USC 4011(b)(4); 42 USC 4015(f)

CFR Citation: 44 CFR 61

Legal Deadline: None

Abstract: This NPRM would amend the National Flood Insurance Program 
regulations to incorporate the statutory changes in the Bunning-
Bereuter-Blumenauer Flood Insurance Reform Act of 2004 (Pub. L. 108-
264) enacted on June 30, 2004. Specifically, this rule would address 
Sections 105 (Amendments to Additional Coverage for Compliance with 
Land Use and Control Measures) and 209 (Prospective

[[Page 26999]]

Payment of Flood Insurance Premiums). Section 105 authorizes the 
extension of Increased Cost of Compliance coverage, which currently 
applies when a community is enforcing its substantial damage or 
cumulative substantial damage ordinance, to also include those 
properties for which an offer of mitigation assistance is made under a 
variety of FEMA-funded mitigation programs. Section 209 directs that if 
a policyholder is determined to be paying a lower premium than is 
required due to an error in the flood plain determination, the higher 
premium may only be charged prospectively.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Local, State

Agency Contact: Thomas Hayes, Mitigation Division, Department of 
Homeland Security, Directorate of Emergency Preparedness and Response/
FEMA, 500 C Street SW., Washington, DC 20472
Phone: 202 646-3419
Fax: 202 646-4327
Email: [email protected]

RIN: 1660-AA30
_______________________________________________________________________


Department of Homeland Security (DHS)                  Final Rule Stage


Directorate of Emergency Preparedness and Response (EP&R)/FEMA



_______________________________________________________________________




1318. ASSISTANCE PROGRAM UNDER THE 9/11 HEROES STAMP ACT OF 2001

Priority: Other Significant

Legal Authority: PL 107-67

CFR Citation: 44 CFR 153

Legal Deadline: None

Abstract: The 9/11 Heroes Stamp Act of 2001 directed the United States 
Postal Service to issue a semipostal stamp and distribute the proceeds 
through FEMA to the families of emergency relief personnel killed or 
permanently disabled while serving in the line of duty in connection 
with the terrorist attacks of September 11, 2001. This interim final 
rule would establish the mechanism through which FEMA would distribute 
these funds.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              05/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Michael S. Herman, Office of General Counsel, 
Department of Homeland Security, Directorate of Emergency Preparedness 
and Response/FEMA, 500 C Street SW., Washington, DC 20472
Phone: 202 646-4097
Fax: 2026464536
Email: [email protected]

RIN: 1660-AA34
_______________________________________________________________________




1319. [bull] CONDUCT AT THE MT. WEATHER EMERGENCY OPERATIONS CENTER, THE 
OLNEY FEDERAL SUPPORT CENTER, THE NATIONAL EMERGENCY TRAINING CENTER, 
AND THE NOBLE TRAINING CENTER

Priority: Substantive, Nonsignificant

Legal Authority: Homeland Security Act of 2002, 6 USC 101 to 557, 116 
Stat. 2135; Federal Property and Administrative Services Act of 1949, 
40 USC 271 et seq; Federal Fire Prevention and Control Act of 1974, 15 
USC 2201

CFR Citation: 44 CFR 15

Legal Deadline: None

Abstract: This final rule makes certain technical amendments to 44 CFR 
part 15 to reflect changes governing conduct at the Mt. Weather 
Emergency Operations Center (Mt. Weather), the Olney Federal Support 
Center (Olney), the National Emergency Training Center (NETC), and the 
Noble Training Center (NTC), and to consolidate the rules applicable to 
the four facilities.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    09/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: H. Crane Miller, Office of General Counsel, Department 
of Homeland Security, Directorate of Emergency Preparedness and 
Response/FEMA, 500 C Street SW., Washington, DC 20472
Phone: 202 646-3340
Fax: 2026464536
Email: [email protected]

RIN: 1660-AA42
_______________________________________________________________________


Department of Homeland Security (DHS)                 Long-Term Actions


Directorate of Emergency Preparedness and Response (EP&R)/FEMA



_______________________________________________________________________




1320. FLOOD MITIGATION ASSISTANCE PROGRAM

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 4104c; 42 USC 4104d

CFR Citation: 44 CFR 78

Legal Deadline: None

Abstract: This interim final rule implements sections 553 and 554 of 
the National Flood Insurance Act of 1968, as amended, to provide grants 
under the National Flood Mitigation Fund to States and communities for 
planning assistance and for mitigation projects that reduce the risk of 
flood damages to structures covered under contracts for flood 
insurance.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              03/20/97                    62 FR 13346
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

[[Page 27000]]

Government Levels Affected: Local, State, Tribal

Additional Information: Transferred from RIN 3067-AC45

Agency Contact: Sheila Donahoe, Mitigation Division, Department of 
Homeland Security, Directorate of Emergency Preparedness and Response/
FEMA, 500 C Street SW., Washington, DC 20472
Phone: 202 646-3121
Fax: 202 646-4127
Email: [email protected]

RIN: 1660-AA00
_______________________________________________________________________




1321. CRIMINAL AND CIVIL PENALTIES UNDER THE ROBERT T. STAFFORD DISASTER 
RELIEF AND EMERGENCY ASSISTANCE ACT

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 5157(d); PL 101-410; 28 USC 2461; PL 104-134, 
sec 31001(s)

CFR Citation: 44 CFR 206

Legal Deadline: None

Abstract: This rule would increase the maximum civil penalty under the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act from 
$5,000 to $5,500.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/10/97                     62 FR 5957
NPRM Comment Period End         04/11/97
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: Transferred from RIN 3067-AC61

Agency Contact: Jordan Fried, Office of General Counsel, Department of 
Homeland Security, Directorate of Emergency Preparedness and Response/
FEMA, 500 C Street SW., Washington, DC 20472
Phone: 202 646-4105
Fax: 202 646-4536
Email: [email protected]

RIN: 1660-AA01
_______________________________________________________________________




1322. DISASTER ASSISTANCE; HAZARD MITIGATION GRANT PROGRAM

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 5121 et seq

CFR Citation: 44 CFR 206

Legal Deadline: None

Abstract: This rule would revise the categories of projects eligible 
for funding under the Hazard Mitigation Grant Program. It emphasizes 
nonstructural flood mitigation measures to reduce the number of flood-
prone structures and clarifies that major structural flood control 
projects will not be considered for funding under the grant program.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/01/98                    63 FR 24143
NPRM Comment Period End         07/01/98
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: Transferred from RIN 3067-AC69

Agency Contact: Deborah Ingram, Mitigation Division, Department of 
Homeland Security, Directorate of Emergency Preparedness and Response/
FEMA, 500 C Street SW., Washington, DC 20472
Phone: 202 646-2856
Fax: 202 646-3104
Email: [email protected]

RIN: 1660-AA02
_______________________________________________________________________




1323. DEBT COLLECTION

Priority: Substantive, Nonsignificant

Legal Authority: 31 USC 3720A

CFR Citation: 44 CFR 11

Legal Deadline: None

Abstract: Under this rule, FEMA refers delinquent debts owed to this 
agency to the Department of the Treasury for collection under the 
Governmentwide Treasury Offset Program and for tax-refund offsets at 
the same time. FEMA amends its regulations to allow administrative 
offset against delinquent debtor States and units of general local 
Government. FEMA also amends its regulations to change the method for 
calculating interest, penalty, and administrative charges assessed on 
delinquent debts and to make States and units of general local 
Government subject to such changes.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              01/08/98                     63 FR 1063
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Local, State

Additional Information: Transferred from RIN 3067-AC77

Agency Contact: Michael Komack, Financial and Acquisition Management 
Division, Department of Homeland Security, Directorate of Emergency 
Preparedness and Response/FEMA, 500 C Street SW., Washington, DC 20472
Phone: 202 646-4164
Fax: 202 646-4157
Email: [email protected]

RIN: 1660-AA05
_______________________________________________________________________




1324. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM

Priority: Other Significant

Legal Authority: 42 USC 5121 et seq

CFR Citation: 44 CFR 208

Legal Deadline: None

Abstract: The Department of Homeland Security published a proposed 
Maximum Pay Rate Table (Table) in conjunction with its interim rule for 
National Urban Search and Rescue Response (US&R) System, which was also 
published in the same edition of the Federal Register. The interim rule 
standardizes the financing, administration and operation of the US&R 
System, and standardizes the relationships between DHS and ``Sponsoring 
Agencies'' of the US&R System--those State or local government agencies 
that agree to organize and administer a US&R Task Force. The notice 
seeks comment on the proposed Table, which establishes the maximum 
rates that DHS will pay for US&R Task Force physicians, engineers and 
canine handlers as ``Affiliated Personnel'' or for backfill positions 
for activated US&R System Members employed by or otherwise associated 
with a for-profit ``Participating Agency.''

[[Page 27001]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/18/02                    67 FR 77627
NPRM Comment Period End         02/03/03
Interim Final Rule              02/24/05                     70 FR 9182
Interim Final Rule Effective    02/24/05
Interim Final Rule Comment 
Period End                      04/11/05
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Local, State

Additional Information: Transferred from RIN 3067-AC93

Agency Contact: Michael Tamillow, Response Division, Department of 
Homeland Security, Directorate of Emergency Preparedness and Response/
FEMA, 500 C Street SW., Washington, DC 20472
Phone: 202 646-2549
Fax: 202 646-4684
Email: [email protected]

RIN: 1660-AA07
_______________________________________________________________________




1325. NATIONAL FLOOD INSURANCE PROGRAM (NFIP); INSURANCE COVERAGE AND 
RATES

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 4001 et seq

CFR Citation: 44 CFR 61

Legal Deadline: None

Abstract: This rule would apply full-risk premium rates under the NFIP 
to structures: 1) that have suffered multiple flood losses; and 2) 
whose owners decline an offer of funding to eliminate or reduce future 
flood damage.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/05/99                    64 FR 42632
NPRM Comment Period End         09/07/99
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: Transferred from RIN 3067-AD02

Agency Contact: Thomas Hayes, Mitigation Division, Department of 
Homeland Security, Directorate of Emergency Preparedness and Response/
FEMA, 500 C Street SW., Washington, DC 20472
Phone: 202 646-3419
Fax: 202 646-4327
Email: [email protected]

RIN: 1660-AA09
_______________________________________________________________________




1326. HAZARD MITIGATION PLANNING AND HAZARD MITIGATION GRANT PROGRAM

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 5121

CFR Citation: 44 CFR 201; 44 CFR 204; 44 CFR 206

Legal Deadline: None

Abstract: The fourth interim rule provides State and Indian tribal 
governments with a mechanism to request an extension to the date by 
which they must develop State Mitigation Plans as a condition of grant 
assistance.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              02/26/02                     67 FR 8844
Interim Final Rule Effective    02/26/02
Interim Final Rule Comment 
Period End                      04/29/02
Interim Final Rule              10/01/02                    67 FR 61512
Interim Final Rule Effective    10/01/02
Interim Final Rule Comment 
Period End                      12/02/02
Interim Final Rule              10/28/03                    68 FR 61368
Interim Final Rule Effective    10/28/03
Correcting Amendment            11/10/03                    68 FR 63738
Correcting Amendment Effective  11/10/03
Interim Final Rule Comment 
Period End                      12/29/03
Interim Final Rule              09/13/04                    69 FR 55094
Interim Final Rule Effective    09/13/04
Interim Final Rule Comment 
Period End                      11/12/04
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Local, State, Tribal

Additional Information: Transferred from RIN 3067-AD22

Agency Contact: Karen Helbrecht, Mitigation Division, Department of 
Homeland Security, Directorate of Emergency Preparedness and Response/
FEMA, 500 C Street SW., Washington, DC 20472
Phone: 202 646-3358
Fax: 202 646-3104
Email: [email protected]

RIN: 1660-AA17
_______________________________________________________________________




1327. DISASTER ASSISTANCE; FEDERAL ASSISTANCE TO INDIVIDUALS AND 
HOUSEHOLDS

Priority: Economically Significant. Major under 5 USC 801.

Legal Authority: 42 USC 5174

CFR Citation: 44 CFR 206

Legal Deadline: Final, Statutory, October 15, 2002.

Abstract: This rule implements section 408 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act, and changes the title of 
the provision from ``Temporary Housing Assistance'' to ``Federal 
Assistance to Individuals and Households.''

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/23/02                     67 FR 3412
NPRM Comment Period End         03/11/02
Interim Final Rule              09/30/02                    67 FR 61446
Corrections                     10/09/02                    67 FR 62896
Corrections Effective           10/09/02
Interim Final Rule Effective    10/15/02
Interim Final Rule Comment 
Period End                      04/15/03
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal, State

Additional Information: Transferred from RIN 3067-AD25

Agency Contact: Berl Jones, Recovery Division, Department of Homeland 
Security, Directorate of Emergency Preparedness and Response/FEMA, 500 
C Street SW., Washington, DC 20472
Phone: 202 646-3943

[[Page 27002]]

Fax: 202 646-3978
Email: [email protected]

RIN: 1660-AA18
_______________________________________________________________________




1328. MANAGEMENT COSTS

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 5165 (b)

CFR Citation: 44 CFR 206; 44 CFR 207

Legal Deadline: None

Abstract: This rule would implement the management costs provisions of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 
simplifies and clarifies the method by which FEMA contributes to costs 
incurred by grantees and subgrantees in implementing the Public 
Assistance and Hazard Mitigation Grant programs, and establishes fixed 
management cost rates for compensating eligible grantees and 
subgrantees while adequately protecting Federal financial interests.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/30/02                    67 FR 56130
NPRM Comment Period End         09/30/02
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Local, State, Tribal

Additional Information: Transferred from RIN 3067-AD29

Agency Contact: Jonna M. Long, Financial & Acquisition Management, 
Department of Homeland Security, Directorate of Emergency Preparedness 
and Response/FEMA, 500 C Street SW., Washington, DC 20472
Phone: 202 646-7057
Fax: 202 646-4268
Email: [email protected]

RIN: 1660-AA21
_______________________________________________________________________




1329. NATIONAL FLOOD INSURANCE PROGRAM (NFIP); GROUP FLOOD INSURANCE 
POLICY (GFIP)

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 4001 et seq

CFR Citation: 44 CFR 61

Legal Deadline: None

Abstract: This interim final rule amends the Group Flood Insurance 
Policy, as a result of the consolidation of sections 408 and 411 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act by 
section 206 of the Disaster Mitigation Act of 2000.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              09/30/02                    67 FR 61460
Interim Final Rule Effective    09/30/02
Interim Final Rule Comment 
Period End                      04/15/03
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: State

Additional Information: Transferred from RIN 3067-AD31

Agency Contact: Charles M. Plaxico Jr., Mitigation Division, Department 
of Homeland Security, Directorate of Emergency Preparedness and 
Response/FEMA, 500 C Street SW., Washington, DC 20472
Phone: 202 646-3422
Fax: 202 646-4327
Email: [email protected]

RIN: 1660-AA22
_______________________________________________________________________




1330. DISASTER ASSISTANCE; CRISIS COUNSELING REGULAR PROGRAM; AMENDMENT 
TO REGULATION

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 5121 to 5206

CFR Citation: 44 CFR 206

Legal Deadline: None

Abstract: This interim final rule makes a substantive change that in 
limited circumstances allows the Assistant Associate Director to extend 
the deadline for the Crisis Counseling Regular Program.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Applicability Date              09/11/01
Interim Final Rule              03/03/03                     68 FR 9899
Interim Final Rule Effective    03/03/03
Interim Final Rule Comment 
Period End                      05/02/03
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Local, State

Additional Information: Transferred from RIN 3067-AD32

Agency Contact: Berl Jones, Recovery Division, Department of Homeland 
Security, Directorate of Emergency Preparedness and Response/FEMA, 500 
C Street SW., Washington, DC 20472
Phone: 202 646-3943
Fax: 202 646-3978
Email: [email protected]

RIN: 1660-AA23
_______________________________________________________________________




1331. NATIONAL FLOOD INSURANCE PROGRAM (NFIP); ASSISTANCE TO PRIVATE 
SECTOR PROPERTY INSURERS

Priority: Other Significant

Legal Authority: 42 USC 4001 et seq

CFR Citation: 44 CFR 62

Legal Deadline: None

Abstract: This interim final rule amends the Financial Assistance/
Subsidy Arrangement between FEMA and the private sector insurers that 
sell and service flood insurance regarding the rules pertaining to when 
FEMA is responsible for litigation costs and when the insurers are 
responsible. It also clarifies issues of jurisdiction and choice of law 
when the insurers are sued and makes some other changes to the 
Arrangement.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/14/03                    68 FR 59146
NPRM Comment Period End         11/13/03
Interim Final Rule              07/30/04                    69 FR 45607
Interim Final Rule Comment 
Period End                      09/28/04
Interim Final Rule Effective    10/01/04
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Charles M. Plaxico Jr., Mitigation Division, Department 
of Homeland Security, Directorate of Emergency Preparedness and 
Response/FEMA, 500 C Street SW., Washington, DC 20472
Phone: 202 646-3422
Fax: 202 646-4327

[[Page 27003]]

Email: [email protected]

RIN: 1660-AA28
_______________________________________________________________________




1332. NATIONAL FLOOD INSURANCE PROGRAM (NFIP); ASSISTANCE TO PRIVATE 
SECTOR PROPERTY INSURERS; EXTENSION OF TERM OF ARRANGEMENT

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 4001 et seq

CFR Citation: 42 CFR 62

Legal Deadline: None

Abstract: FEMA changed the Financial Assistance/Subsidy Arrangement 
(the Arrangement) to extend its term of October 1, 2002, through 
September 30, 2003, to a term of October 1, 2002, through December 31, 
2003. The second interim final rule extended the Arrangement from 
October 1, 2002, through May 1, 2004. The third interim final rule 
extends the Arrangement to a term of October 1, 2002, through September 
30, 2004. The Arrangement defines the duties and responsibilities of 
insurers that sell and service insurance under the Write Your Own 
program. It also identifies the responsibilities of the Government to 
provide financial and technical assistance to these insurers.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              09/05/03                    68 FR 52700
Interim Final Rule Effective    10/01/03
Interim Final Rule Comment 
Period End                      10/06/03
Interim Final Rule              12/31/03                    68 FR 75453
Interim Final Rule Effective    01/01/04
Interim Final Rule Comment 
Period End                      03/01/04
Interim Final Rule              04/30/04                    69 FR 23657
Interim Final Rule Effective    05/02/04
Interim Final Rule Comment 
Period End                      06/29/04
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Charles M. Plaxico Jr., Mitigation Division, Department 
of Homeland Security, Directorate of Emergency Preparedness and 
Response/FEMA, 500 C Street SW., Washington, DC 20472
Phone: 202 646-3422
Fax: 202 646-4327
Email: [email protected]

RIN: 1660-AA29
_______________________________________________________________________




1333. DISASTER ASSISTANCE; PUBLIC ASSISTANCE INSURANCE REQUIREMENTS

Priority: Other Significant

Legal Authority: 42 USC 5121 to 5206

CFR Citation: 44 CFR 206

Legal Deadline: None

Abstract: These proposed regulations are intended to replace the 
current regulations for public assistance insurance requirements (44 
CFR part 206, subpart I). The proposed regulations detail the insurance 
requirements that applicants must meet to be eligible for FEMA 
assistance for their damaged facilities following a Presidentially-
declared major disaster. Many of the changes in these proposed 
regulations are not new, but are intended to provide clarification 
concerning how FEMA handles insurance issues in the Public Assistance 
program. The proposed rule only addresses post-disaster insurance 
requirements. It does not create any predisaster insurance 
requirements.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Federal, Local, State, Tribal

Agency Contact: James A. Walke, Recovery Division, Department of 
Homeland Security, Directorate of Emergency Preparedness and Response/
FEMA, 500 C Street SW., Washington, DC 20472
Phone: 202 646-2751
Fax: 202 646-3304
Email: [email protected]

RIN: 1660-AA32
_______________________________________________________________________




1334. ESTIMATING ELIGIBLE COST

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 5172(e)(3)(C)

CFR Citation: 44 CFR 206

Legal Deadline: None

Abstract: This rule would revise 44 CFR part 206, subpart H, to reflect 
changes in the way FEMA estimates the cost of repairing, restoring, 
reconstructing, or replacing a facility consistent with industry 
practices and in awarding Federal large project grants based on the 
application of floor and ceiling thresholds. This rule reflects the 
changes needed to put the new statutorily-mandated cost estimating 
procedures into effect.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Undetermined

Agency Contact: James Duffer, Recovery Division, Department of Homeland 
Security, Directorate of Emergency Preparedness and Response/FEMA, 500 
C Street SW., Washington, DC 20472
Phone: 202 646-3532
Fax: 202 646-3304
Email: [email protected]

RIN: 1660-AA33
_______________________________________________________________________




1335. NATIONAL FLOOD INSURANCE PROGRAM (NFIP); STATE RENEWAL OF GROUP 
FLOOD INSURANCE POLICY

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 42 USC 5178

CFR Citation: 44 CFR 61

Legal Deadline: None

Abstract: FEMA is proposing to amend the Group Flood Insurance Policy 
(GFIP) to allow the States to continue the coverage for all eligible 
individuals insured under the initial GFIP policy after it has expired, 
provided the States pay the entire premium.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Suzan Krowel, Mitigation Division, Department of

[[Page 27004]]

Homeland Security, Directorate of Emergency Preparedness and Response/
FEMA, 500 C Street SW., Washington, DC 20472
Phone: 202 646-3423
Fax: 202 646-4327
Email: [email protected]

RIN: 1660-AA35
_______________________________________________________________________




1336. PILOT PROGRAM FOR THE MITIGATION OF SEVERE REPETITIVE LOSS 
PROPERTIES

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 4102a

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: This rule would implement section 1361A of The National Flood 
Insurance Act of 1968, as amended, (the Act), which authorizes FEMA to 
implement a Pilot Program that would provide financial assistance to 
States and communities for activities to mitigate the risk of damage 
from future flooding to severe repetitive loss properties. The Pilot 
Program represents a concentrated effort to mitigate those insured 
properties that have suffered the greatest amount of damage in terms of 
claims against the National Flood Insurance Fund. Severe repetitive 
loss properties are defined in section 1361A(b)(1) of the Act as Single 
Family Properties consisting of one to four family residences that are 
covered under a contract for flood insurance made available under the 
Act which have had four or more claims with each claim exceeding $5,000 
and with the cumulative payments exceeding $20,000, or which have had 
at least two claim payments that cumulatively exceed the value of the 
property. The rule will identify program requirements including 
eligibility and matching requirements, as well as procedures for grant 
application, evaluation, award, and appeals. It will also implement 
provisions of the law that set forth implications for property owners 
who decline a mitigation offer under the Pilot Program.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule               To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Local, State, Tribal

Federalism:  Undetermined

Agency Contact: Cecelia Rosenberg, Mitigation Division, Department of 
Homeland Security, Directorate of Emergency Preparedness and Response/
FEMA, 500 C Street SW., Washington, DC 20472
Phone: 202 646-3321
Fax: 202 646-4127
Email: [email protected]

RIN: 1660-AA36
_______________________________________________________________________




1337. FLOOD MITIGATION ASSISTANCE PROGRAM

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 42 USC 4102a

CFR Citation: 44 CFR 78

Legal Deadline: None

Abstract: This interim final rule will implement sections 1366 and 1367 
of the National Flood Insurance Act of 1968, as amended, by section 103 
of the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 
(Pub. L. 108-264), 42 U.S.C. 4102a. The rule will update the existing 
Flood Mitigation Assistance Program (FMA) by providing for an increased 
emphasis on planning and providing new incentives for States and 
communities to participate in the FMA through reduced cost-share 
requirements. The rule will also revise the existing allocations 
formula for FMA planning, project, and technical assistance funds.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule               To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Local, State, Tribal

Federalism:  Undetermined

Agency Contact: Cecelia Rosenberg, Mitigation Division, Department of 
Homeland Security, Directorate of Emergency Preparedness and Response/
FEMA, 500 C Street SW., Washington, DC 20472
Phone: 202 646-3321
Fax: 202 646-4127
Email: [email protected]

RIN: 1660-AA37
_______________________________________________________________________




1338. GRANTS FOR REPETITIVE INSURANCE CLAIM PROPERTIES

Priority: Economically Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 42 USC 4102a

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: The interim final rule would implement section 1323 of the 
National Flood Insurance Act of 1968 (the Act), as amended, to provide 
funding for mitigation actions that reduce flood damages to individual 
properties for which one or more claim payments for losses have been 
made under the National Flood Insurance Program. Grants for repetitive 
insurance claims properties may only be awarded: 1) if proposed 
mitigation activities are determined to be in the best interest of the 
National Flood Insurance Fund; and 2) if the State or community in 
which the property is located cannot meet the requirements of section 
1366 of the Act (the Flood Mitigation Assistance Program), or the State 
or community does not have the capacity to manage a mitigation project. 
The rule will address program requirements and procedures for 
determining eligibility for funding.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule               To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Local, State, Tribal

Federalism:  Undetermined

Agency Contact: Cecelia Rosenberg, Mitigation Division, Department of 
Homeland Security, Directorate of Emergency Preparedness and Response/
FEMA, 500 C Street SW., Washington, DC 20472
Phone: 202 646-3321
Fax: 202 646-4127
Email: [email protected]

RIN: 1660-AA38
_______________________________________________________________________




1339. DISASTER ASSISTANCE; HAZARD MITIGATION GRANT PROGRAM

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

[[Page 27005]]

Legal Authority: 42 USC 5133

CFR Citation: 44 CFR 206, Subpart N

Legal Deadline: None

Abstract: This interim final rule would revise the existing regulations 
to implement amendments to the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act that provide for delegating the administration 
and management of the Hazard Mitigation Grant Program (HMGP) to States. 
These revisions include: 1) the criteria and process for designation as 
a Managing State; 2) the HMGP program authorities and responsibilities 
of Managing States, and of FEMA in working with Managing States; and 3) 
the evaluation process for Managing States. In addition, this interim 
final rule would amend the existing regulations to clarify the language 
of the rule in general, to more fully reflect program and grants 
management practices previously detailed in guidance, and to make the 
rule more reader-friendly.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule               To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Local, State, Tribal

Federalism:  Undetermined

Agency Contact: Deborah Ingram, Mitigation Division, Department of 
Homeland Security, Directorate of Emergency Preparedness and Response/
FEMA, 500 C Street SW., Washington, DC 20472
Phone: 202 646-2856
Fax: 202 646-3104
Email: [email protected]

RIN: 1660-AA39
_______________________________________________________________________




1340. PRE-DISASTER MITIGATION PROGRAM

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 42 USC 5133

CFR Citation: 44 CFR 206

Legal Deadline: None

Abstract: This interim final rule would assist States, Indian tribal 
governments, and communities to implement a consistent predisaster 
natural hazard mitigation program to reduce overall risk to the 
population and structures, while also reducing reliance on funding from 
actual disaster declarations. This Pre-Disaster Mitigation program 
provides a significant opportunity to raise risk awareness and to 
reduce the Nation's disaster losses through predisaster mitigation 
planning, and the implementation of planned, preidentified, cost-
effective mitigation measures that are designed to reduce injuries, 
loss of life and damages and destruction of property from all hazards, 
including damage to critical facilities. The Robert T. Stafford 
Disaster Relief and Emergency Assistance Act provides a framework for 
linking pre-and post-disaster mitigation planning and projects with 
public and private interests to ensure an integrated, comprehensive 
approach to disaster loss reduction.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule               To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Local, State, Tribal

Federalism:  Undetermined

Agency Contact: Karen Magnino, Mitigation Division, Department of 
Homeland Security, Directorate of Emergency Preparedness and Response/
FEMA, 500 C Street SW., Washington, DC 20472
Phone: 202 646-3807
Fax: 202 646-4127
Email: [email protected]

RIN: 1660-AA40
_______________________________________________________________________




1341. NATIONAL FLOOD INSURANCE PROGRAM; APPEAL OF DECISIONS RELATING TO 
FLOOD INSURANCE COVERAGE

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: PL 108-264

CFR Citation: 44 CFR 62

Legal Deadline: Other, Statutory, December 30, 2004, By regulation, 
FEMA has to establish an appeals process.
Section 205 requires the Director of FEMA to establish by regulation, 
an appeals process through which holders of a flood insurance policy 
may appeal the decisions, with respect to claims, proofs of loss, and 
loss estimates relating to such flood insurance policy of: 1) any 
insurance agent or adjuster, or insurance company; or 2) any employee 
or contractor of FEMA.

Abstract: This interim final rule would amend the National Flood 
Insurance Program regulations to incorporate the statutory changes in 
the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 
(Pub. L. 108-264) enacted on June 30, 2004. Specifically, this rule 
addresses the requirements of section 205. Section 205 requires the 
Director of FEMA to establish by regulation, an appeals process through 
which holders of a flood insurance policy may appeal the decisions, 
with respect to claims, proofs of loss, and loss estimates relating to 
such flood insurance policy of: 1) any insurance agent or adjuster, or 
insurance company; or 2) any employee or contractor of FEMA.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule               To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: State

Federalism:  Undetermined

Agency Contact: James Shortley, Mitigation Division, Department of 
Homeland Security, Directorate of Emergency Preparedness and Response/
FEMA, 500 C Street SW., Washington, DC 20472
Phone: 202 646-3418
Fax: 202 646-4327
Email: [email protected]

RIN: 1660-AA41
_______________________________________________________________________




1342. [bull] HAZARD MITIGATION PLANNING AND HAZARD MITIGATION GRANT 
PROGRAM FUNDING

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 5165

CFR Citation: 44 CFR 201; 44 CFR 206

Legal Deadline: None

Abstract: To amend existing regulations to adjust the Hazard Mitigation 
Grant Program (HMGP) funding available to States with approved Enhanced 
State Mitigation Plans to 12.5 percent of the total estimated eligible 
Federal assistance.

[[Page 27006]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Local, State, Tribal

Agency Contact: Deborah Ingram, Mitigation Division, Department of 
Homeland Security, Directorate of Emergency Preparedness and Response/
FEMA, 500 C Street SW., Washington, DC 20472
Phone: 202 646-2856
Fax: 202 646-3104
Email: [email protected]

RIN: 1660-AA43
[FR Doc. 05-5990 Filed 05-13-05; 8:45 am]
BILLING CODE 4410-10-S
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