[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]


-----------------------------------------------------------------------

Part IX





Department of Homeland Security





-----------------------------------------------------------------------



Semiannual Regulatory Agenda

[[Page 22574]]



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 Regulatory and Legislative Affairs 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' eighth semiannual regulatory agenda since the Department's 
inception in January 2003. DHS' last semiannual regulatory agenda was 
published on December 11, 2006, at 71 FR 73278.

     DHS currently has three directorates that are involved in 
Departmental rulemaking; those are the Directorate for 
Preparedness, Science and Technology Directorate, and the 
Management Directorate. Other major components at DHS Headquarters 
include the Office of Policy, Office of Intelligence and Alliance; 
the Office of Operations Coordination, and the Domestic Nuclear 
Detection Office. DHS also has several agencies that have active 
regulatory programs, including the U.S. Coast Guard (Coast Guard), 
the U.S. Secret Service, the Transportation Security Administration 
(TSA), the Federal Emergency Management Administration (FEMA), U.S. 
Citizenship and Immigration Services (USCIS), the U.S. Immigration 
and Customs Enforcement (ICE), and the U.S. Customs and Border 
Protection (CBP). Many of these agencies had active regulatory 
agendas when they transferred to DHS in 2003. Any of those legacy 
regulatory actions that remain active are identified in this DHS 
regulatory agenda. Accordingly, some of the regulatory actions 
identified in this agenda may reference actions initiated by a 
predecessor Department or agency.

     In September 2005, DHS joined the Environmental Protection 
Agency Federal Partner online electronic Federal Docket Management 
System (FDMS) located at www.regulations.gov. 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 FDMS.

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

Dated: March 7, 2007.

 Mary Kate Whalen,

Deputy Associate General Counsel for Regulatory Affairs.

                                  Office of the Secretary--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1019        Supplemental Standards of Conduct for Employees of the Department of Homeland Security    1601-AA17
1020        Sharing Sensitive Homeland Security Information.......................................    1601-AA25
1021        Homeland Security Acquisition Regulation (HSAR): Conformance to the Federal               1601-AA28
            Acquisition Circulars (FACs)..........................................................
1022        Public Transportation Security Grants.................................................    1601-AA31
1023        Minimum Standards for Driver's Licenses and Identification Cards Acceptable to Federal    1601-AA37
            Agencies for Official Purposes........................................................
1024        Homeland Security Acquisition Regulations (HSAR); Patents, Data, and Copyrights.......    1601-AA38
1025        Homeland Security Acquisition Regulation (HSAR); SAFETY Act Implementation............    1601-AA39
1026        Nondiscrimination in Matters Pertaining to Faith-Based and Community Organizations....    1601-AA40
1027        Revision of Department of Homeland Security Acquisition Regulation (HSAR); One-Step       1601-AA44
            Turnkey Design-Build Contracts for USCG, HSAR Case 2007-001...........................
----------------------------------------------------------------------------------------------------------------


[[Page 22575]]


                                    Office of the Secretary--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1028        United States Visitor and Immigrant Status Indicator Technology Program (US-VISIT),       1601-AA35
            Enrollment of Additional Aliens in US-VISIT...........................................
1029        Chemical Facility Anti-Terrorism Standards............................................    1601-AA41
----------------------------------------------------------------------------------------------------------------


                                   Office of the Secretary--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1030        Freedom of Information Act and Privacy Act Procedures.................................    1601-AA00
1031        Production or Disclosure of Official Information in Connection With Legal Proceedings.    1601-AA01
1032        Enforcement of Nondiscrimination on the Basis of Disability in Department of Homeland     1601-AA03
            Security Programs or Activities.......................................................
1033        Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving       1601-AA04
            Federal Financial Assistance..........................................................
1034        Regulations Regarding Nondiscrimination on the Basis of Race, Color, or National          1601-AA05
            Origin in Programs or Activities Receiving Federal Financial Assistance...............
1035        Authority of the Secretary of the Department of Homeland Security; Delegations of         1601-AA06
            Authority; Immigration Laws...........................................................
1036        Regulations Imposing Restrictions Upon Lobbying.......................................    1601-AA12
1037        Uniform Administrative Requirements for Grants and Cooperative Agreements;                1601-AA18
            Administration of Grants and Agreements With Institutions of Higher Education,
            Hospitals, and Other Nonprofit Organizations..........................................
1038        Collection of Nontax Debts Owed to the Department of Homeland Security................    1601-AA23
1039        Implementation of the United States Visitor and Immigrant Status Indicator Technology     1601-AA34
            Program (US-VISIT); Biometric Requirements for Exit at Air and Sea Ports..............
1040        Revision of Department of Homeland Security Acquisition Regulation (HSAR); Civilian       1601-AA42
            Board of Contract Appeals.............................................................
1041        Revision of Department of Homeland Security Acquisition Regulation (HSAR);                1601-AA43
            Notification on Limitation in Subcontracting; HSAR Case 2007-003......................
1042        Revision of Department of Homeland Security Acquisition Regulation (HSAR); Limitation     1601-AA45
            on Certain Noncompetitive Contracts; HSAR Case 2007-002...............................
1043        Implementation of OMB Guidance on Nonprocurement Debarment and Suspension.............    1601-AA46
----------------------------------------------------------------------------------------------------------------


                                   Office of the Secretary--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1044        Program Fraud Civil Remedies..........................................................    1601-AA11
1045        Assistance to Firefighters Grant Program..............................................    1601-AA30
1046        Staffing for Adequate Fire and Emergency Response (SAFER) Grant Program...............    1601-AA32
----------------------------------------------------------------------------------------------------------------


                         U.S. Citizenship and Immigration Services--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1047        Special Immigrant and Nonimmigrant Religious Workers..................................    1615-AA16
1048        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...............................................................
1049        Consent To Reapply for Admission After Removal........................................    1615-AA61
1050        Implementation of Amendments Affecting Petitions for Employment Creation Aliens.......    1615-AA90
1051        Implementation of the Age Out Protections Afforded Under the Child Status Protection      1615-AA95
            Act...................................................................................
1052        Requiring Completion of Security Checks Before Issuance of Evidence of Alien              1615-AB12
            Registration..........................................................................
1053        Adding a Filing Fee for Re-Registration and Extension of Temporary Protected Status...    1615-AB31
1054        Employment Based Immigrants--Elimination of Beneficiary Substitution on Approved Labor    1615-AB34
            Certifications and Validity Period of Approved Labor Certifications...................
1055        Application Process for Replacing Forms I-551 Without an Expiration Date..............    1615-AB36

[[Page 22576]]

 
1056        Foreign Residence Requirement Imposed on Certain Participants in the Irish Peace          1615-AB43
            Process Cultural and Training Program.................................................
1057        Halting Concurrent Filing of Form I-140 Immigrant Petition With a Form I-485              1615-AB51
            Application...........................................................................
1058        Adjustment of the Immigration Benefit Application/Petition and Biometric Fee Schedule.    1615-AB53
1059        Classification of Adopted Aliens as Children of United States Citizens Based on           1615-AB57
            Adoptions That Are Not Governed by the Hague Convention...............................
----------------------------------------------------------------------------------------------------------------


                           U.S. Citizenship and Immigration Services--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1060        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.
1061        Battered and Abused Conditional Residents; Termination of Marriage by Conditional         1615-AA29
            Residents.............................................................................
1062        Revoking Grants of Naturalization.....................................................    1615-AA30
1063        Classification of Aliens as Children of United States Citizens Based on Intercountry      1615-AA43
            Adoptions Under the Hague Convention..................................................
1064        Establishing Premium Processing Service for Employment-Based Petitions and                1615-AA49
            Applications..........................................................................
1065        Nonimmigrant Classes; Spouses and Children of Lawful Permanent Residents; V               1615-AA53
            Classification........................................................................
1066        Adjustment of Status to Lawful Permanent Resident for Aliens in T and U Nonimmigrant      1615-AA60
            Status................................................................................
1067        New Classification for Victims of Certain Criminal Activity; Eligibility for the U        1615-AA67
            Nonimmigrant Status...................................................................
1068        Withholding of Adjudication...........................................................    1615-AA86
1069        Removal of Standardized Request for Evidence Processing Timeframe.....................    1615-AB13
1070        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..............
1071        Establishment of Fee for Processing Genealogical Research Requests....................    1615-AB19
1072        Administrative Appeals Office: Procedural Reforms To Improve Efficiency...............    1615-AB29
1073        Interpretation at Asylum Interviews...................................................    1615-AB35
1074        Removal of Obsolete Service Regulations Concerning the Disclosure of Records and          1615-AB38
            Information Pursuant to the Freedom of Information Act and the Privacy Act............
1075        Irish Peace Process Cultural and Training Program.....................................    1615-AB42
1076        Changing the Period of Time From 30 to 45 Days That a Student With an F-1 Visa May Be     1615-AB55
            Admitted Before Academic Program Start Date...........................................
1077        Removing References To Filing Locations and Obsolete References to Legacy Immigration     1615-AB56
            and Naturalization Service............................................................
----------------------------------------------------------------------------------------------------------------


                          U.S. Citizenship and Immigration Services--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1078        Reduction of the Number of Acceptable Documents and Other Changes to Employment           1615-AA01
            Verification Requirements.............................................................
1079        Definition of the Term ``Lawfully Present'' for Purposes of Eligibility for Public        1615-AA05
            Benefits..............................................................................
1080        Adjustment of Status, Continued Validity of Nonimmigrant Status, and Unexpired            1615-AA12
            Employment Authorization for Applicants Maintaining Nonimmigrant H or L Status........
1081        Fingerprinting Applicants and Petitioners for Immigration Benefits; Establishing a Fee    1615-AA14
            for Fingerprinting by the Department of Homeland Security.............................
1082        Suspension of Deportation and Special Rule Cancellation of Removal for Certain            1615-AA17
            Nationals of Guatemala, El Salvador, and Former Soviet Bloc Countries.................
1083        Regulations Concerning the Convention Against Torture.................................    1615-AA19
1084        Inadmissibility and Deportability on Public Charge Grounds............................    1615-AA22
1085        Application for Refugee Status; Acceptable Sponsorship Agreement Guaranty of              1615-AA24
            Transportation........................................................................
1086        National Interest Waivers for Second Preference Employment-Based Immigrant Physicians     1615-AA34
            Serving in Medically Underserved Areas or at Department of Veterans Affairs Facilities
1087        Petitioning Requirements for the H-1C Nonimmigrant Classification Under Public Law 106-   1615-AA35
            95....................................................................................

[[Page 22577]]

 
1088        Adjustment of Status to That of Person Admitted for Permanent Residence; Temporary        1615-AA40
            Removal of Certain Restrictions of Eligibility........................................
1089        Asylum and Withholding Definitions....................................................    1615-AA41
1090        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..
1091        Academic Honorarium for B Nonimmigrant Aliens.........................................    1615-AA44
1092        Children Born Outside the United States; Applications for Certificate of Citizenship..    1615-AA45
1093        Allowing for the Filing of Form I-140 Visa Petition Concurrently With a Form I-485        1615-AA46
            Application in Certain Circumstances..................................................
1094        Adjustment of Status for Certain Nationals of Nicaragua, Cuba, and Haiti..............    1615-AA51
1095        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)..
1096        K Nonimmigrant Classification; Legal Immigration Family Equity Act (LIFE).............    1615-AA56
1097        Adjustment of Status for Certain Syrian Nationals Granted Asylum in the United States.    1615-AA57
1098        New Classification for Victims of Severe Forms of Trafficking in Persons Eligible for     1615-AA59
            the T Nonimmigrant Status.............................................................
1099        Removal of Limitations on the Validity Period for Employment Authorization Documents..    1615-AA63
1100        Requiring Change of Status From B to F-1 or M-1 Nonimmigrant Prior To Pursuing a          1615-AA73
            Course of Study.......................................................................
1101        Petitions for Aliens To Perform Temporary Nonagricultural Services or Labor (H-2B)....    1615-AA82
1102        Electronic Signature on Applications and Petitions for Immigration and Naturalization     1615-AA83
            Benefits..............................................................................
1103        Eliminating the Numerical Cap on Mexican TN Nonimmigrants.............................    1615-AA96
1104        Extension of the Deadline for Certain Health Care Workers Required To Obtain              1615-AB28
            Certificates..........................................................................
1105        Allocation of H-1B Visas Created by the H-1B Visa Reform Act of 2004..................    1615-AB32
1106        Authorizing Suspension of Employment Authorization Requirements on the Basis of Severe    1615-AB44
            Economic Hardship for F-1 Students and Emergent Circumstances.........................
1107        Eligibility of Arriving Aliens in Removal Proceedings To Apply for Adjustment of          1615-AB50
            Status and Jurisdiction To Adjudicate Applications for Adjustment of Status...........
1108        Amendments to Regulatory Provisions Regarding Refugee and Asylee Relative Petitions...    1615-AB54
----------------------------------------------------------------------------------------------------------------


                          U.S. Citizenship and Immigration Services--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1109        Adjustment of Status to That of Person Admitted for Permanent Residence: Conditional      1615-AA02
            Residents and Fiance(e)s..............................................................
1110        Registration and Fingerprinting of Aliens in the United States: Control of Employment     1615-AA33
            of Aliens.............................................................................
1111        Special Immigrant Visa for Fourth Preference Employment-Based Broadcasters............    1615-AA47
1112        Waiver of Fees........................................................................    1615-AA48
1113        Medical Grounds of Inadmissibility and Waivers........................................    1615-AA66
1114        Procedures for Conducting Examinations and Waiving the Oath of Allegiance for             1615-AA81
            Naturalization Applicants With Disabilities...........................................
1115        Filing of Proposals for Designation as a Regional Center Approved To Participate in       1615-AB00
            the Immigrant Investor Pilot Program..................................................
1116        Petitioning Requirements for the O and P Nonimmigrant Classifications.................    1615-AB17
1117        Revision of Procedures for Premium Processing Service for Employment-Based Petitions      1615-AB40
            and Applications......................................................................
1118        New Electronic Account, Adjudication, and Reporting System; New Procedures for Filing     1615-AB46
            and Processing of Petitions and Applications..........................................
1119        Receipt of Classified Derogatory Information Before Oath to Naturalization Applicant..    1615-AB48
1120        Immigrant Visa Service Fee............................................................    1615-AB49
1121        Adjustment of the Premium Processing Fee for Inflation................................    1615-AB52
----------------------------------------------------------------------------------------------------------------


                                      U.S. Coast Guard--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1122        Implementation of the 1995 Amendments to the International Convention on Standards of     1625-AA16
            Training, Certification, and Watchkeeping (STCW) for Seafarers, 1978 (USCG-2004-17914)

[[Page 22578]]

 
1123        Federal Requirements for Propeller Injury Avoidance Measures (USCG 2001-10163)........    1625-AA31
1124        Rules of Practice, Procedure, and Evidence for Administrative Proceedings of the Coast    1625-AA59
            Guard (USCG 1998-3472)................................................................
1125        Administrative Changes to Numbering of Vessels and Reporting of Casualties (USCG-2003-    1625-AA70
            14963)................................................................................
1126        Commercial Fishing Industry Vessels (USCG-2003-16158).................................    1625-AA77
1127        Navigation Equipment; SOLAS Chapter V Amendments and Electronic Chart System (USCG-       1625-AA91
            2004-19588)...........................................................................
1128        Alternate Compliance Program: Vessel Inspection Alternatives..........................    1625-AA92
1129        Notification of Arrival in U.S. Ports; Certain Dangerous Cargoes; Electronic              1625-AA93
            Submission (USCG-2004-19963)..........................................................
1130        Financial Responsibility for Water Pollution (Vessels) and Limits of Liability........    1625-AA98
1131        Vessel Requirements for Notices of Arrival and Departure, and Automatic Identification    1625-AA99
            System (USCG-2005-21869)..............................................................
1132        Long Range Identification and Tracking of Ships.......................................    1625-AB00
1133        Vapor Control Systems.................................................................    1625-AB01
1134        Carbon Dioxide Fire Suppression Systems on Commercial Vessels.........................    1625-AB04
1135        Landowner Defenses to Liability Under the Oil Pollution Act of 1990: Standards and        1625-AB09
            Practices for Conducting All Appropriate Inquiries....................................
1136        Training and Service Requirements for Merchant Marine Officers........................    1625-AB10
1137        Tank Level or Pressure Monitoring Devices: Removal of Regulations.....................    1625-AB12
1138        Revision of LNG Facility Application Requirements.....................................    1625-AB13
----------------------------------------------------------------------------------------------------------------


                                       U.S. Coast Guard--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1139        Limited Service Domestic Voyage Load Lines for River Barges on Lake Michigan (USCG-       1625-AA17
            1998-4623)............................................................................
1140        Outer Continental Shelf Activities (USCG-1998-3868)...................................    1625-AA18
1141        Vessel and Facility Response Plans for Oil: 2003 Removal Equipment Requirements and       1625-AA26
            Alternative Technology Revisions (USCG-2001-8661).....................................
1142        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).....................................................................
1143        Protection for Whistle Blowers in the Coast Guard (USCG-2002-13016)...................    1625-AA50
1144        Review and Update of Standards for Marine Equipment (USCG-2003-16630).................    1625-AA83
1145        Pollution Prevention Equipment (USCG-2004-18939)......................................    1625-AA90
1146        2006 Rates for Pilotage on the Great Lakes............................................    1625-AB05
1147        Coast Guard Sector, Marine Inspection Zone, and Captain of the Port Structure;            1625-AB07
            Technical Amendment...................................................................
----------------------------------------------------------------------------------------------------------------


                                       U.S. Coast Guard--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1148        Safety Zone Regulations...............................................................    1625-AA00
1149        Special Anchorage Areas/Anchorage Grounds Regulations.................................    1625-AA01
1150        Discharge-Removal Equipment for Vessels Carrying Oil (CGD 90-068).....................    1625-AA02
1151        Claims Procedures Under the Oil Pollution Act of 1990 (USCG-2004-17697)...............    1625-AA03
1152        State Access to the Oil Spill Liability Trust Fund (USCG-2004-19123)..................    1625-AA06
1153        Regatta and Marine Parade Regulations.................................................    1625-AA08
1154        Drawbridge Regulations................................................................    1625-AA09
1155        Escort Vessels in Certain U.S. Waters (CGD 91-202a)...................................    1625-AA10
1156        Regulated Navigation Areas............................................................    1625-AA11
1157        Marine Transportation-Related Facility Response Plans for Hazardous Substances (USCG-     1625-AA12
            1999-5705)............................................................................
1158        Tank Vessel Response Plans for Hazardous Substances (USCG-1998-4354)..................    1625-AA13
1159        Numbering of Undocumented Barges (USCG-1998-3798).....................................    1625-AA14
1160        Salvage and Marine Firefighting Requirements; Vessel Response Plans for Oil (USCG-1998-   1625-AA19
            3417).................................................................................
1161        Commercial Diving Operations (USCG-1998-3786).........................................    1625-AA21
1162        Improvements to Maritime Safety in Puget Sound-Area Waters (USCG-1998-4501)...........    1625-AA22

[[Page 22579]]

 
1163        Cargo Securing on Vessels Operating in U.S. Waters (USCG-2000-7080)...................    1625-AA25
1164        Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters (USCG-   1625-AA32
            2001-10486)...........................................................................
1165        Wearing of Personal Flotation Devices by Persons Operating or Riding on Personal          1625-AA40
            Watercraft, Water Skiing, or Engaging in Other Forms of Towing Persons Behind
            Recreational Vessels (USCG-2002-11421)................................................
1166        Vessel Traffic Service Lower Mississippi River (USCG-1998-4399).......................    1625-AA58
1167        Validation of Merchant Mariners' Vital Information and Issuance of Coast Guard            1625-AA81
            Merchant Mariner's Documents (MMDs) (USCG-2003-14500).................................
1168        Validation of Merchant Mariners' Vital Information and Issuance of Coast Guard            1625-AA85
            Merchant Mariner's Licenses and Certificates of Registry (USCG-2004-17455)............
1169        Security Zone Regulations.............................................................    1625-AA87
1170        Dry Cargo Residue Discharges in the Great Lakes (USCG-2004-19621).....................    1625-AA89
1171        Waiver for Marking Sunken Vessels With Light at Night (USCG-2005-20488)...............    1625-AA97
1172        Consolidation of Merchant Mariner Qualification Credentials (USCG-2006-24371).........    1625-AB02
1173        Inspection of Towing Vessels (USCG-2006-24412)........................................    1625-AB06
----------------------------------------------------------------------------------------------------------------


                                       U.S. Coast Guard--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1174        Drawbridge Operations Regulations; Revisions (USCG-2001-10881)........................    1625-AA36
1175        Consolidation of Cruise Ship Regulations..............................................    1625-AB08
1176        Safety Zones; U.S. Coast Guard Water Training Areas, Great Lakes......................    1625-AB11
----------------------------------------------------------------------------------------------------------------


                             U.S. Customs and Border Protection--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1177        Advance Notice Requirements for Aircraft Landings and Arrivals; Revisions to the          1651-AA41
            Private Aircraft Overflight Program...................................................
1178        Prior Disclosure and Lost Duty or Revenue Demands When Penalty Claim Not Issued.......    1651-AA42
1179        Cargo Information (Manifest) Discrepancy Reporting Requirements and Penalty Guidelines    1651-AA45
1180        Changes to the Administrative Process for Petitions for Relief Regarding Seizures and     1651-AA58
            Forfeitures Resulting From Violations of Immigration and Naturalization Laws..........
1181        Use of Sampling Methods in CBP Audits and Offsetting of Overpayments and Over-            1651-AA64
            Declarations in 19 U.S.C. 1592 Penalty Cases..........................................
1182        Consolidation of Collections for Reimbursable Services................................    1651-AA65
1183        Land Border Carrier Initiative Program................................................    1651-AA68
1184        Documents Required for Travelers Entering the United States at Sea and Land Ports-of-     1651-AA69
            Entry From Within the Western Hemisphere..............................................
1185        Advance Trade Data Elements...........................................................    1651-AA70
----------------------------------------------------------------------------------------------------------------


                              U.S. Customs and Border Protection--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1186        Elimination of Immigration and Naturalization Service-Issued Mexican and Canadian         1651-AA08
            Border Crossing Cards.................................................................
1187        Extension of 25-Mile Limit at Select Arizona Ports-of-Entry...........................    1651-AA11
1188        Access to Customs Security Areas at Airports..........................................    1651-AA38
1189        Passenger Name Record Information Required for Passengers on Flights in Foreign Air       1651-AA40
            Transportation To or From the United States...........................................
1190        Letters and Documents; Advanced Electronic Presentation of Cargo Data.................    1651-AA55
1191        Remittance of Immigration User Fee....................................................    1651-AA57

[[Page 22580]]

 
1192        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................................................................................
1193        Abbreviation or Waiver of Training for State or Local Law Enforcement Officers            1651-AA67
            Authorized To Enforce Immigration Law During a Mass Influx of Aliens..................
----------------------------------------------------------------------------------------------------------------


                              U.S. Customs and Border Protection--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1194        Visa Waiver Program...................................................................    1651-AA00
1195        Inspection and Expedited Removal of Aliens; Detention and Removal of Aliens; Conduct      1651-AA04
            of Removal Proceedings................................................................
1196        Establishment of Preinspected Automated Lane (PAL) Program............................    1651-AA06
1197        Amendment of the Regulatory Definition of Arriving Alien..............................    1651-AA07
1198        Removal of Visa and Passport Waiver for Certain Permanent Residents of Canada and         1651-AA23
            Bermuda...............................................................................
1199        Nonimmigrant Visa Exemption for Nationals of the British Virgin Islands Entering the      1651-AA29
            United States Through St. Thomas, U.S. Virgin Islands.................................
1200        Procedures Governing the Border Release Advanced Screening and Selectivity (BRASS)        1651-AA35
            Program...............................................................................
1201        Air Transit Program...................................................................    1651-AA50
1202        Extension of Time Limit on Admission of Certain Mexican Nationals.....................    1651-AA60
----------------------------------------------------------------------------------------------------------------


                              U.S. Customs and Border Protection--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1203        Container Seals.......................................................................    1651-AA61
----------------------------------------------------------------------------------------------------------------


                           Transportation Security Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1204        Secure Flight Program.................................................................    1652-AA45
1205        Privacy Act of 1974; System of Records: Implementation of Exemptions; Secure Flight       1652-AA48
            Records...............................................................................
----------------------------------------------------------------------------------------------------------------


                            Transportation Security Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1206        Transportation Worker Identification Credential (TWIC) Implementation in the Maritime     1652-AA41
            Sector; Hazardous Materials Endorsement for a Commercial Driver's License.............
1207        Rail Transportation Security..........................................................    1652-AA51
1208        Air Cargo Security Requirements; Compliance Dates; Amendment..........................    1652-AA52
----------------------------------------------------------------------------------------------------------------


                            Transportation Security Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1209        Imposition and Collection of Passenger Civil Aviation Security Service Fees...........    1652-AA00
1210        Aviation Security Infrastructure Fees (ASIF)..........................................    1652-AA01
1211        Civil Aviation Security Rules.........................................................    1652-AA02

[[Page 22581]]

 
1212        Security Programs for Aircraft Weighing 12,500 Pounds or More.........................    1652-AA03
1213        Private Charter Security Rules........................................................    1652-AA04
1214        Protection of Sensitive Security Information (SSI)....................................    1652-AA08
1215        Criminal History Records Checks (CHRC)................................................    1652-AA11
1216        Transportation of Explosives From Canada to the United States Via Commercial Motor        1652-AA16
            Vehicle and Railroad Carrier..........................................................
1217        Security Threat Assessment for Individuals Applying for a Hazardous Materials             1652-AA17
            Endorsement for a Commercial Driver's License.........................................
1218        Flight Training for Aliens and Other Designated Individuals; Security Awareness           1652-AA35
            Training for Flight School Employees..................................................
1219        Aircraft Repair Station Security......................................................    1652-AA38
1220        Maryland Three Airports: Enhanced Security Procedures for Operations at Certain           1652-AA39
            Airports in the Washington, DC, Metropolitan Area Flight Restricted Zone..............
1221        Modification of the Aviation Security Infrastructure Fee (ASIF) (Market Share)........    1652-AA43
1222        Ronald Reagan Washington National Airport: Enhanced Security Procedures for Certain       1652-AA49
            Operations............................................................................
1223        Drivers Licensed in Canada or Mexico Transporting Hazardous Materials Within the          1652-AA50
            United States.........................................................................
----------------------------------------------------------------------------------------------------------------


                            Transportation Security Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1224        Background Checks for Airport Workers.................................................    1652-AA06
1225        Foreign Air Carriers..................................................................    1652-AA40
1226        Due Process for FAA Certificate Holders and for Other Threat Assessments..............    1652-AA44
1227        Registered Traveler (RT)..............................................................    1652-AA47
----------------------------------------------------------------------------------------------------------------


                          U.S. Immigration and Customs Enforcement--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1228        Interest Payments on Cancelled Cash Bonds.............................................    1653-AA20
1229        Establishing Procedures for Recertification of Schools Approved by the Student and        1653-AA42
            Exchange Visitor Program (SEVP) To Enroll F or M Nonimmigrant Students................
1230        Strengthening Control Over Immigration Surety Bonds...................................    1653-AA45
1231        Removal of Obsolete Procedures and Requirements for F and M Nonimmigrant Students for     1653-AA51
            Schools Authorized To Enroll F and M Nonimmigrant Students............................
1232        Collection of Fees Levied on F, M, and J Nonimmigrants and Schools Approved by DHS To     1653-AA54
            Enroll F and M Nonimmigrants To Defray the Costs of the Student and Exchange Visitor
            Program...............................................................................
----------------------------------------------------------------------------------------------------------------


                           U.S. Immigration and Customs Enforcement--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1233        Requiring Aliens Ordered Removed From the United States To Surrender to the Department    1653-AA05
            of Homeland Security for Removal......................................................
1234        Protection and Assistance for Victims of Trafficking..................................    1653-AA09
1235        Detention of Aliens Subject to Final Orders of Removal................................    1653-AA13
1236        Custody Procedures....................................................................    1653-AA14
1237        Requiring Certification of All Service-Approved Schools for Enrollment in the Student     1653-AA31
            and Exchange Visitor Information System (SEVIS).......................................
1238        Safe-Harbor Procedures for Employers Who Receive a No-Match Letter....................    1653-AA50
----------------------------------------------------------------------------------------------------------------


[[Page 22582]]


                           U.S. Immigration and Customs Enforcement--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1239        Early Release for Removal of Criminal Aliens in State Custody for Nonviolent Offenses.    1653-AA06
1240        Power of Secretary of the Department of Homeland Security To Terminate Deportation        1653-AA08
            Proceedings and Initiate Removal Proceedings..........................................
1241        Procedures for Detainee Hunger Strikes................................................    1653-AA12
1242        Changes in Registration Policies and Monitoring of Certain Nonimmigrants..............    1653-AA29
1243        Extending the Period of Duration of Status for Certain F and J Nonimmigrant Aliens....    1653-AA30
1244        School Appeals Process Regarding Adjudications by the Student and Exchange Visitor        1653-AA33
            Program To Deny or Withdraw Department of Homeland Security Certification.............
1245        Implementation of the Border Commuter Student Act of 2002.............................    1653-AA37
1246        Transfer of Flight Training Programs Under the Department of State Oversight to the       1653-AA43
            Department of Homeland Security.......................................................
1247        Clarification of Criteria for Certification, Oversight, and Recertification of Schools    1653-AA44
            by the Student and Exchange Visitor Program (SEVP) To Enroll F or M Nonimmigrant
            Students..............................................................................
1248        Electronic Signature and Storage of Form I-9, Employment Eligibility Verification.....    1653-AA47
1249        Custody and Bond Eligibility of Aliens Designated for Expedited Removal...............    1653-AA52
----------------------------------------------------------------------------------------------------------------


                           U.S. Immigration and Customs Enforcement--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1250        Notification for Aliens Detained Prior to a Final Order (ICE 2355-05).................    1653-AA53
----------------------------------------------------------------------------------------------------------------


                              Federal Emergency Management Agency--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1251        Flood Mitigation Assistance Program...................................................    1660-AA00
1252        Hazard Mitigation Planning and Hazard Mitigation Grant Program........................    1660-AA17
1253        Management Costs......................................................................    1660-AA21
1254        Flood Mitigation Grants and Hazard Mitigation Planning................................    1660-AA36
1255        Public Assistance Eligibility.........................................................    1660-AA45
1256        National Flood Insurance Program (NFIP); Assistance to Private Sector Property            1660-AA48
            Insurers; Compensation for FIRA Implementation........................................
----------------------------------------------------------------------------------------------------------------


                             Federal Emergency Management Agency--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1257        Criminal and Civil Penalties Under the Robert T. Stafford Disaster Relief and             1660-AA01
            Emergency Assistance Act..............................................................
1258        Disaster Assistance; Hazard Mitigation Grant Program..................................    1660-AA02
1259        National Urban Search and Rescue Response System......................................    1660-AA07
1260        National Flood Insurance Program (NFIP); Insurance Coverage and Rates.................    1660-AA09
1261        Disaster Assistance; Federal Assistance to Individuals and Households.................    1660-AA18
1262        National Flood Insurance Program (NFIP); Group Flood Insurance Policy (GFIP)..........    1660-AA22
1263        Disaster Assistance; Crisis Counseling Regular Program; Amendment to Regulation.......    1660-AA23
1264        National Flood Insurance Program (NFIP); Assistance to Private Sector Property            1660-AA28
            Insurers..............................................................................
1265        National Flood Insurance Program (NFIP); Assistance to Private Sector Property            1660-AA29
            Insurers; Extension of Term of Arrangement............................................
1266        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..............................................................................
1267        Disaster Assistance; Public Assistance Insurance Requirements.........................    1660-AA32
1268        Estimating Eligible Cost..............................................................    1660-AA33
1269        Assistance Program Under the 9/11 Heroes Stamp Act of 2001............................    1660-AA34

[[Page 22583]]

 
1270        Special Community Disaster Loans Program..............................................    1660-AA44
1271        Disaster Assistance; Public Assistance Repetitive Damage..............................    1660-AA47
1272        Staffing for Adequate Fire and Emergency Response (SAFER) Grant Program...............    1660-AA49
1273        Assistance to Firefighters Grant Program..............................................    1660-AA50
----------------------------------------------------------------------------------------------------------------


                             Federal Emergency Management Agency--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1274        Debt Collection.......................................................................    1660-AA05
1275        National Flood Insurance Program (NFIP); State Renewal of Group Flood Insurance Policy    1660-AA35
1276        Federal Emergency Management Agency (FEMA) Acquisition Regulation System; Removal of      1660-AA46
            Chapter 44............................................................................
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


Department of Homeland Security (DHS)               Proposed Rule Stage


Office of the Secretary (OS)



_______________________________________________________________________




1019. SUPPLEMENTAL STANDARDS OF CONDUCT FOR EMPLOYEES OF THE DEPARTMENT 
OF HOMELAND SECURITY

Priority: Substantive, Nonsignificant

Legal Authority: 5 CFR 2635.105

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                            07/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Robert E. Coyle, Designated Agency Ethics Official, 
Department of Homeland Security, Washington, DC 20528-3650
Phone: 202 447-3515
Fax: 202 282-9186
Email: [email protected]

RIN: 1601-AA17
_______________________________________________________________________




1020. 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 be consistent with the 
anticipated new Controlled Unclassified Information (CUI) framework and 
establish protections for sharing Homeland Security Information among 
Federal agencies and appropriate State, tribal, and local governments, 
private sector personnel, foreign entities and first responders 
(hereinafter referred to as homeland security stakeholders).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/00/07
NPRM Comment Period End         10/00/07

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Federal, Local, State

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
_______________________________________________________________________




1021. HOMELAND SECURITY ACQUISITION REGULATION (HSAR): CONFORMANCE TO 
THE FEDERAL ACQUISITION CIRCULARS (FACS)

Priority: Routine and Frequent

Unfunded Mandates: Undetermined

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

CFR Citation: 48 CFR

Legal Deadline: None

Abstract: The Department of Homeland Security is proposing to issue 
changes to the Department of Homeland Security Acquisition Regulation 
(HSAR) as authorized by 41 U.S.C. 418b. The changes will update DHS 
policies, procedures, and incorporate revised agency acquisition 
regulatory language as necessary in parts 3001 through 3052 to 
correspond with the current Federal Acquisition Regulation (FAR) as 
promulgated by the Federal Acquisition Circulars (FACs), and current 
Department of Homeland Security policies.

[[Page 22584]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/07
NPRM Comment Period End         02/00/08
Final Action                    07/00/08

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Kathy Strouss, Department of Homeland Security, Office 
of the Chief of Procurement, Washington, DC 20528
Phone: 202 447-5273
Email: [email protected]

RIN: 1601-AA28
_______________________________________________________________________




1022. PUBLIC TRANSPORTATION SECURITY GRANTS

Priority: Economically Significant. Major under 5 USC 801.

Legal Authority: sec 3820 of PL 109-59, 119, Stat 1144

CFR Citation: 6 CFR 35

Legal Deadline: NPRM, Statutory, February 2006, Legislative deadline -- 
180 days after enactment (2/2006).

Abstract: This proposed rule provides interested parties an opportunity 
to comment on the characteristics and requirements to be employed by 
the Department of Homeland Security (DHS) when awarding public 
transportation security grants. The purpose of these grants is to 
create a sustainable effort for the protection of regional transit 
systems and the commuting public from terrorism, especially explosives 
and non-conventional threats that would cause major loss of life and 
severe disruption. These funds may be used for planning, organization, 
equipment, training, exercises, and limited management, administrative, 
and operational costs.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/07
NPRM Comment Period End         08/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: State

Agency Contact: Thomas Robison, Acting Director, Transportation 
Infrastructure Security Division, Office of Grants and Training, 
Department of Homeland Security, Office of the Secretary, 800 K Street 
NW., Washington, DC 20531
Phone: 202 786-9512
Email: [email protected]

RIN: 1601-AA31
_______________________________________________________________________




1023. MINIMUM STANDARDS FOR DRIVER'S LICENSES AND IDENTIFICATION CARDS 
ACCEPTABLE TO FEDERAL AGENCIES FOR OFFICIAL PURPOSES

Priority: Economically Significant. Major under 5 USC 801.

Legal Authority: Division B--REAL ID Act of 2005; The Emergency 
Supplemental Appropriations Act for Defense; The Global War on Terror 
and Tsunami Relief, 2005; PL 109-13, 119 Stat 231, 302 (May 11, 2005) 
(codified at 49 USC 30301 note)

CFR Citation: 6 CFR 37, et seq (New)

Legal Deadline: Final, Statutory, May 11, 2008.

Abstract: This regulation is designed to implement the REAL ID Act. The 
Act prohibits Federal agencies from accepting a driver's license or 
personal identification card (license) for an ``official purpose'' 
unless it has been issued by a State that has certified to, and been 
determined by DHS to meet, the requirements of the Act. The Act sets 
forth minimum document requirements, minimum issuance standards, and 
other requirements, including: information and security features that 
must be incorporated into each card; the information that must be 
provided by an applicant to establish identity and immigration status 
before a card can be issued; physical security standards for locations 
where licenses are produced.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/09/07                    72 FR 10820
NPRM Comment Period End         05/08/07

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Governmental Jurisdictions

Government Levels Affected: Federal, Local, State

Agency Contact: Darrell Williams, Department of Homeland Security, 
Office of the Secretary, Washington, DC 20528
Phone: 202 447-3836

RIN: 1601-AA37
_______________________________________________________________________




1024. HOMELAND SECURITY ACQUISITION REGULATIONS (HSAR); PATENTS, DATA, 
AND COPYRIGHTS

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

Legal Authority: 41 USC 418a; 35 USC 200 et seq

CFR Citation: 48 CFR 30 sec 3027; 48 CFR 30 sec 3052

Legal Deadline: None

Abstract: FAR part 27 implements a number of statutes and Executive 
orders pertaining to patents, data, and copyrights. The current HSAR 
for part 3027 needs to be revised to reflect the best practices of the 
Government with respect to the treatment of intellectual property in 
Government acquisitions. This effort focuses on clarifying, 
streamlining, and updating the current HSAR text with the ultimate goal 
of making the policies and procedures more flexible to permit 
Contracting Officers the requisite ability to negotiate contracts 
beneficial to DHS.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/07
NPRM Comment Period End         08/00/07
Final Action                    01/00/08

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Kathy Strouss, Department of Homeland Security, Office 
of the Chief of Procurement, Washington, DC 20528
Phone: 202 447-5273
Email: [email protected]

RIN: 1601-AA38
_______________________________________________________________________




1025. HOMELAND SECURITY ACQUISITION REGULATION (HSAR); SAFETY ACT 
IMPLEMENTATION

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

Legal Authority: 41 USC 418b(a); 41 USC 418b(b); 6 USC 441 to 444

[[Page 22585]]

CFR Citation: 48 CFR 30, sec 3050; 48 CFR 30, sec 3052

Legal Deadline: None

Abstract: The Department of Homeland Security (DHS) is proposing to 
issue changes to the Department of Homeland Security Acquisition 
Regulation (HSAR) as authorized by 41 U.S.C. 418b. The changes are 
planned to supplement the pending FAR rule implementation on the SAFETY 
Act, 6 CFR part 25 for DHS acquisitions.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/07
NPRM Comment Period End         08/00/07
Final Action                    05/00/08

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Kathy Strouss, Department of Homeland Security, Office 
of the Chief of Procurement, Washington, DC 20528
Phone: 202 447-5273
Email: [email protected]

RIN: 1601-AA39
_______________________________________________________________________




1026. NONDISCRIMINATION IN MATTERS PERTAINING TO FAITH-BASED AND 
COMMUNITY ORGANIZATIONS

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

Legal Authority: EO 13279; EO 13403;

CFR Citation: 6 CFR 19

Legal Deadline: None

Abstract: This proposed rule would implement executive branch policy 
that, within the framework of constitutional church-state guidelines, 
faith-based organizations should be able to compete on an equal footing 
with other organizations for Federal funding.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/07
NPRM Comment Period End         11/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Organizations

Government Levels Affected: State

Agency Contact: Keith Rothfus, Director, Center for Faith-Based and 
Community Initiatives, Department of Homeland Security, Office of the 
Secretary, 810 7th Street, NW, Washington, DC 20531
Phone: 202 786-9540
Email: [email protected]

RIN: 1601-AA40
_______________________________________________________________________




1027. [bull] REVISION OF DEPARTMENT OF HOMELAND SECURITY ACQUISITION 
REGULATION (HSAR); ONE-STEP TURNKEY DESIGN-BUILD CONTRACTS FOR USCG, 
HSAR CASE 2007-001

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

Legal Authority: PL 109-241. sec 205; 14 USC 677

CFR Citation: 48 CFR 30

Legal Deadline: None

Abstract: The Department of Homeland Security (DHS) is proposing to 
amend the Department of Homeland Security Acquisition Regulation 
(HSAR), 48 CFR chapter 30 to provide notice to implement Public Law 
109-241, title I, section 205, regarding one-step turnkey design-build 
contracts for the United States Coast Guard.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: Federal

Agency Contact: Kathy Strouss, Department of Homeland Security, Office 
of the Chief of Procurement, Washington, DC 20528
Phone: 202 447-5273
Email: [email protected]

RIN: 1601-AA44
_______________________________________________________________________


Department of Homeland Security (DHS)                  Final Rule Stage


Office of the Secretary (OS)



_______________________________________________________________________




1028. UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR TECHNOLOGY 
PROGRAM (US-VISIT), ENROLLMENT OF ADDITIONAL ALIENS IN US-VISIT

Priority: Other Significant. Major under 5 USC 801.

Legal Authority: PL 106-215, sec 2(a), 114 Stat 337 (June 15, 2000); PL 
106-396, sec 205, 114 Stat 1637, 1641 (October 30, 2000); PL 107-56, 
sec 114, 115 Stat 271, 553 (October 26, 2001); PL 107-173, sec 302, 116 
Stat 543, 552 (May 14, 2002)

CFR Citation: 8 CFR 215.8; 8 CFR 235.1

Legal Deadline: None

Abstract: In 2003, the Department of Homeland Security established the 
United States Visitor and Immigrant Status Technology Program (US-
VISIT), whose objective is to create and maintain an integrated, 
automated entry-exit system that records the arrival and departure of 
aliens, verifies their identities, and authenticates their travel 
documents through comparison of biometric identifiers. The goals of the 
US-VISIT program are to enhance the security of United States citizens 
and visitors to the United States, facilitate legitimate travel and 
trade, ensure the integrity of the United States immigration system, 
and protect the privacy of visitors to the United States. In its early 
stages, US-VISIT applied only to nonimmigrants with visas and to those 
who did not require a visa as they were entering under the Visa Waiver 
Program. This rule would amend DHS regulations to provide that all 
aliens, including lawful Permanent Residents, may be enrolled into US-
VISIT.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Proposed Rule                   07/27/06                    71 FR 42605
Comment Period End              08/28/06
Final Rule                      09/00/07

[[Page 22586]]

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

URL For More Information:
www.regulations.gov

URL For Public Comments:
www.regulations.gov

Agency Contact: Michael Hardin, Senior Policy Advisor, US-VISIT, 
Department of Homeland Security, 18th Floor, 1616 North Fort Myer 
Drive, Arlington, VA 22209
Phone: 202 298-5200
Fax: 202 298-5201
Email: [email protected]

Related RIN: Previously reported as 1650-AA06
RIN: 1601-AA35
_______________________________________________________________________




1029. CHEMICAL FACILITY ANTI-TERRORISM STANDARDS

Priority: Economically Significant. Major under 5 USC 801.

Unfunded Mandates: This action may affect the private sector under PL 
104-4.

Legal Authority: Section 550 of the Homeland Security Appropriations 
Act of 2007, PL No. 109-295, (October 4, 2006)

CFR Citation: 6 CFR 27

Legal Deadline: Other, Statutory, April 4, 2007, Section 550 of the 
Homeland Security Appropriations Act of 2007.
Section 550 of the Homeland Security Appropriations Act of 2005 directs 
DHS to issue interim rules no later than 6 months after the effective 
date of the Act. The Act became effective on October 4, 2006, and so 
the statutory deadline for issuance of the interim rules under this 
provision is April 4, 2007.

Abstract: Section 550 of the Homeland Security Appropriations Act of 
2007 provided the Department of Homeland Security with authority to 
promulgate ``interim final regulations'' for the security of certain 
chemical facilities in the United States. See Public Law No. 109-295, 
section 550 (Oct. 4, 2006). In accordance with section 550, these 
regulations will establish risk-based performance standards and require 
vulnerability assessments and the development and implementation of 
site security plans.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Advance Notice of Rulemaking    12/28/06                    71 FR 78275
Comment Period End              02/07/07
Interim Final Rule              04/09/07                    72 FR 17688
Interim Final Rule Comment 
Period End                      05/09/07
Interim Final Rule Effective    06/08/07

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

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

URL For More Information:
www.regulations.gov

URL For Public Comments:
www.regulations.gov

Agency Contact: Lawrence Stanton, Deputy Director, Risk Management 
Division, Department of Homeland Security, Office of the Secretary, 
Washington, DC 20528
Phone: 703 235-5772

RIN: 1601-AA41
_______________________________________________________________________


Department of Homeland Security (DHS)                 Long-Term Actions


Office of the Secretary (OS)



_______________________________________________________________________




1030. 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 to 
552a

CFR Citation: 6 CFR 5

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.

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


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Michael Russell, Deputy Associate General Counsel for 
General Law, Department of Homeland Security, Office of the General 
Counsel, Washington, DC 20528
Phone: 202 447-3526
Fax: 202 447-3111
Email: [email protected]

RIN: 1601-AA00
_______________________________________________________________________




1031. 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 to 
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.

[[Page 22587]]

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


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Michael Russell, Deputy Associate General Counsel for 
General Law, Department of Homeland Security, Office of the General 
Counsel, Washington, DC 20528
Phone: 202 447-3526
Fax: 202 447-3111
Email: [email protected]

RIN: 1601-AA01
_______________________________________________________________________




1032. 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 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 individuals with handicaps and qualified 
individuals 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


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Agency Contact: Tim Keefer, Deputy Officer and Acting Chief Counsel, 
Department of Homeland Security, Civil Rights and Civil Liberties, 
Washington, DC 20528
Phone: 202 357-8226
Fax: 202 357-8296
Email: [email protected]

RIN: 1601-AA03
_______________________________________________________________________




1033. 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


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Agency Contact: Tim Keefer, Deputy Officer and Acting Chief Counsel, 
Department of Homeland Security, Civil Rights and Civil Liberties, 
Washington, DC 20528
Phone: 202 357-8226
Fax: 202 357-8296
Email: [email protected]

RIN: 1601-AA04
_______________________________________________________________________




1034. 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


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Agency Contact: Tim Keefer, Deputy Officer and Acting Chief Counsel, 
Department of Homeland Security, Civil Rights and Civil Liberties, 
Washington, DC 20528
Phone: 202 357-8226
Fax: 202 357-8296
Email: [email protected]

RIN: 1601-AA05
_______________________________________________________________________




1035. 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

[[Page 22588]]

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


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Agency Contact: Nader Baroukh, Associate General Counsel for 
Immigration, Department of Homeland Security, Washington, DC 20528
Phone: 202 282-9723
Email: [email protected]

RIN: 1601-AA06
_______________________________________________________________________




1036. 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


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Agency Contact: Michael Russell, Deputy Associate General Counsel for 
General Law, Department of Homeland Security, Office of the General 
Counsel, Washington, DC 20528
Phone: 202 447-3526
Fax: 202 447-3111
Email: [email protected]

RIN: 1601-AA12
_______________________________________________________________________




1037. UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE 
AGREEMENTS; ADMINISTRATION OF GRANTS AND AGREEMENTS WITH INSTITUTIONS OF 
HIGHER EDUCATION, HOSPITALS, AND OTHER NONPROFIT ORGANIZATIONS

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

________________________________________________________________________

Interim Final Rule               To Be                       Determined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Local, State

Agency Contact: David Batcheller, Office of Grant Policy and Oversight, 
Department of Homeland Security, Washington, DC 20528
Phone: 202 447-5272
Email: [email protected]

RIN: 1601-AA18
_______________________________________________________________________




1038. 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 
to 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

[[Page 22589]]

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 offset 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:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              01/30/07                     72 FR 4189
Interim Final Rule Effective    01/30/07
Interim Final Rule Comment 
Period End                      03/01/07


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michael Russell, Deputy Associate General Counsel for 
General Law, Department of Homeland Security, Office of the General 
Counsel, Washington, DC 20528
Phone: 202 447-3526
Fax: 202 447-3111
Email: [email protected]

RIN: 1601-AA23
_______________________________________________________________________




1039. IMPLEMENTATION OF THE UNITED STATES VISITOR AND IMMIGRANT STATUS 
INDICATOR TECHNOLOGY PROGRAM (US-VISIT); BIOMETRIC REQUIREMENTS FOR EXIT 
AT AIR AND SEA PORTS

Priority: Other Significant

Legal Authority: 8 USC 1101 to 1104 ; 8 USC 1182; 8 USC 1184 to 1185 
(pursuant to EO 13323); 8 USC 1365a note; 8 USC 1379; 8 USC 1731 to 
1732

CFR Citation: 8 CFR 215(a)(1)

Legal Deadline: None

Abstract: DHS established the United States Visitor and Immigrant 
Status Indicator Technology Program (US-VISIT) in accordance with a 
series of legislative mandates requiring that DHS create an integrated 
automated entry-exit system that records the arrival and departure of 
aliens; verifies aliens' identities, and authenticates travel 
documents. On January 5, 2004, DHS published an Interim Final Rule in 
the Federal Register at 69 FR 468 authorizing the Secretary of Homeland 
Security to require, in part, certain aliens to provide fingerprints, 
photograph[s] or other biometric identifiers, documentation of 
immigration status in the United States, and other such evidence as may 
be required to determine the alien's identity and whether he or she has 
properly maintained immigration status while in the United States at 
the time of departure from the United States. The Interim Rule 
authorized the establishment of pilot programs at up to fifteen air and 
sea ports of entry to evaluate the implementation of this departure 
procedure. That evaluation pilot has been completed and the procedures 
have been adopted. This rule removes the limit on the collection of 
this information from the 15 locations of the pilot programs and 
authorizes implementation at all air and sea ports of entry. This rule 
authorizes the Secretary to require those aliens required to provide 
biometric identifiers at entry to provide biometric identifiers upon 
departure at any air and sea port of entry at which facilities exist to 
collect such information.

Timetable: Next Action Undetermined

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, 18th Floor, 1616 North Fort Myer 
Drive, Arlington, VA 22209
Phone: 202 298-5200
Fax: 202 298-5201
Email: [email protected]

Related RIN: Previously reported as 1650-AA04
RIN: 1601-AA34
_______________________________________________________________________




1040. [bull] REVISION OF DEPARTMENT OF HOMELAND SECURITY ACQUISITION 
REGULATION (HSAR); CIVILIAN BOARD OF CONTRACT APPEALS

Priority: Routine and Frequent

Legal Authority: PL 109-163 title VIII, sec 847 as implemented by 71 FR 
65826

CFR Citation: 48 CFR Ch 30

Legal Deadline: Other, Statutory, January 6, 2007, Interim rule.

Abstract: DHS is issuing an interim rule to the HSAR to provide notice 
of a jurisdictional change effective January 6, 2007 for the DHS agency 
Board of Contract Appeals from the Department of Transportation Board 
of Contract Appeals (DOTBCA) to the Civilian Board of Contract Appeals 
(CBCA) according to Public Law 109-163, title VIII, section 847. This 
rule also makes amendments to the HSAR content according to internal 
DHS organization changes. The organization nomenclature changes are 
technical amendments or corrections and make no substantive changes to 
the regulation.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              01/11/07                     72 FR 1296
Interim Final Rule Effective    01/11/07
Interim Final Rule Comment 
Period End                      02/12/07
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses, Governmental Jurisdictions

Government Levels Affected: Federal

URL For More Information:
www.regulations.gov

URL For Public Comments:
www.regulations.gov

Agency Contact: Anne Terry, Senior Procurement Analyst, Department of 
Homeland Security, Office of the Secretary, 245 Murray Lane, Building 
410 (RDS), Washington, DC 20528
Phone: 202 447-5253
Fax: 202 447-5310
Email: [email protected]

RIN: 1601-AA42
_______________________________________________________________________




1041. [bull] REVISION OF DEPARTMENT OF HOMELAND SECURITY ACQUISITION 
REGULATION (HSAR); NOTIFICATION ON LIMITATION IN SUBCONTRACTING; HSAR 
CASE 2007-003

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

Legal Authority: PL 109-295, sec 692

CFR Citation: 48 CFR 30

Legal Deadline: None

[[Page 22590]]

Abstract: The Department of Homeland Security (DHS) is proposing to 
amend the Department of Homeland Security Acquisition Regulation 
(HSAR), 48 CFR Chapter 30 to provide notice to implement Public Law 
109-295, title VI, section 692, Limitations on Tiering of 
Subcontractors. This limitation applies to any cost-reimbursement type 
contract or task or delivery order in an amount greater than the 
simplified acquisition threshold [as defined by section 4 of the Office 
of Federal Procurement Policy Act (41 U.S.C. 403)] entered into to 
facilitate response to or recovery from a natural disaster, act of 
terrorism, or other man-made disaster. A contractor is prohibited from 
using subcontractors for more than 65 percent of the cost of the 
contract or the cost of any individual task or delivery order (not 
including overhead or fee), unless the contracting officer determines 
that the 65 percent limitation is not feasible or practicable.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: Federal

Agency Contact: Anne Terry, Senior Procurement Analyst, Department of 
Homeland Security, Office of the Secretary, 245 Murray Lane, Building 
410 (RDS), Washington, DC 20528
Phone: 202 447-5253
Fax: 202 447-5310
Email: [email protected]

RIN: 1601-AA43
_______________________________________________________________________




1042. [bull] REVISION OF DEPARTMENT OF HOMELAND SECURITY ACQUISITION 
REGULATION (HSAR); LIMITATION ON CERTAIN NONCOMPETITIVE CONTRACTS; HSAR 
CASE 2007-002

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

Legal Authority: PL 109-295, sec 695

CFR Citation: 48 CFR 30

Legal Deadline: None

Abstract: The Department of Homeland Security (DHS) is proposing to 
amend the Department of Homeland Security Acquisition Regulation 
(HSAR), 48 CFR Chapter 30 to provide notice to implement Public Law 
109-295, title VI, section 695, Limitation on Length of Certain 
Noncompetitive Contracts. The limitation applies for sole source 
contracts using the FAR part 6, unusual and compelling urgency 
exception (above the SAT) for requirements associated with facilitating 
response and recovery from natural disasters, acts of terrorism, or 
other man-made disasters, the maximum period of performance is 150 
days, unless exceptional circumstances apply.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: Federal

Agency Contact: Anne Terry, Senior Procurement Analyst, Department of 
Homeland Security, Office of the Secretary, 245 Murray Lane, Building 
410 (RDS), Washington, DC 20528
Phone: 202 447-5253
Fax: 202 447-5310
Email: [email protected]

RIN: 1601-AA45
_______________________________________________________________________




1043. [bull] IMPLEMENTATION OF OMB GUIDANCE ON NONPROCUREMENT DEBARMENT 
AND SUSPENSION

Priority: Substantive, Nonsignificant

Legal Authority: PL 107-296, 116 Stat 2135; PL 103-355, 108 Stat 3243

CFR Citation: Not Yet Determined

Legal Deadline: Other, See comments below.
On August 31, 2005, OMB published guidelines, which provided that 
``Federal agencies must submit proposed regulations to OMB for review 
within nine months of the issuance of these guidelines and issue final 
regulations within 18 months of these guidelines.'' See 2 CFR 180.35.

Abstract: The Department of Homeland Security proposes to issue a part 
30xx to implement the Office of Management and Budget (OMB) guidance on 
nonprocurement debarment and suspension. Through this proposed action, 
the Department of Homeland Security is joining the existing 
Governmentwide nonprocurement debarment and suspension system. Prior to 
the creation of the Department of Homeland Security, Agencies, or parts 
of Agencies, now located within DHS were already participating in that 
Governmentwide system.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: David Batcheller, Office of Grant Policy and Oversight, 
Department of Homeland Security, Washington, DC 20528
Phone: 202 447-5272
Email: [email protected]

RIN: 1601-AA46
_______________________________________________________________________


Department of Homeland Security (DHS)                 Completed Actions


Office of the Secretary (OS)



_______________________________________________________________________




1044. PROGRAM FRAUD CIVIL REMEDIES

Priority: Other Significant

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 to 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              10/12/05                    70 FR 59209

[[Page 22591]]

Interim Final Rule Effective    10/12/05
Interim Final Rule Comment 
Period End                      11/14/05
Final Rule                      02/09/07                     72 FR 6143
Final Rule Effective            03/12/07

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Agency Contact: Michael Russell, Deputy Associate General Counsel for 
General Law, Department of Homeland Security, Office of the General 
Counsel, Washington, DC 20528
Phone: 202 447-3526
Fax: 202 447-3111
Email: [email protected]

RIN: 1601-AA11
_______________________________________________________________________




1045. ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Transferred to RIN 1660-AA50    02/22/07

RIN: 1601-AA30
_______________________________________________________________________




1046. STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT 
PROGRAM

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Transferred to RIN 1660-AA49    02/22/07

RIN: 1601-AA32
_______________________________________________________________________


Department of Homeland Security (DHS)               Proposed Rule Stage


U.S. Citizenship and Immigration Services (USCIS)



_______________________________________________________________________




1047. SPECIAL IMMIGRANT AND NONIMMIGRANT RELIGIOUS WORKERS

Priority: Other Significant

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

CFR Citation: 8 CFR 204

Legal Deadline: None

Abstract: This rule proposes to amend U.S. Citizenship and Immigration 
Services (USCIS) regulations regarding the special immigrant and 
nonimmigrant religious worker visa classifications. This rule addresses 
concerns about the integrity of the religious worker program by 
proposing a petition requirement for religious organizations seeking to 
classify an alien as an immigrant or nonimmigrant religious worker. 
This rule also proposes including an on-site inspection for religious 
organizations to ensure the legitimacy of petitioner organizations and 
employment offers made by such organizations.
This rule would also clarify several substantive and procedural issues 
that have arisen since the religious worker category was created. This 
rule proposes new definitions that describe more clearly the regulatory 
requirements, as well as add specific evidentiary requirements for 
petitioning employers and prospective religious workers.
Finally, this rule also proposes to amend how USCIS regulations 
reference the sunset date, the statutory deadline by which special 
immigrant religious workers, other than ministers, must immigrate or 
adjust status to permanent residence, so that regular updates to the 
regulations are not required each time Congress extends the sunset 
date.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM (CIS No. 1436-94)          04/00/07
NPRM Comment Period End         06/00/07

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, Service Center Operations, 2nd Floor, 20 Massachusetts Avenue 
NW., Washington, DC 20529
Phone: 202 272-8411
Email: [email protected]

RIN: 1615-AA16
_______________________________________________________________________




1048. 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 to 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

[[Page 22592]]

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 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                            10/00/07
NPRM Comment Period End         12/00/07

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 the 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, Service Center Operations, 2nd Floor, 20 Massachusetts Avenue 
NW., Washington, DC 20529
Phone: 202 272-8411
Email: [email protected]

RIN: 1615-AA55
_______________________________________________________________________




1049. 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                            12/00/07
NPRM Comment Period End         02/00/08

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, Regulations and Product Management 
Division, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, 3rd Floor, 111 Massachusetts Avenue NW., 
Washington, DC 20529
Phone: 202 272-8350
Email: [email protected]

RIN: 1615-AA61
_______________________________________________________________________




1050. 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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/00/08
NPRM Comment Period End         03/00/08

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, Service Center Operations, 2nd Floor, 20 Massachusetts Avenue 
NW., Washington, DC 20529
Phone: 202 272-8411
Email: [email protected]

RIN: 1615-AA90

[[Page 22593]]

_______________________________________________________________________




1051. 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: On August 6, 2002, President Bush signed into law the Child 
Status Protection Act (CSPA), Public Law 107-208, 116 Stat. 927. The 
CSPA amends the Immigration and Nationality Act (the Act) by permitting 
an applicant for certain benefits to retain classification as a 
``child'' under the Act, even if he or she has reached the age of 21 
years. The CSPA also addresses automatic conversions for certain aliens 
classified as unmarried sons or daughters of lawful permanent residents 
(LPRs). This proposed rule codifies the Department of Homeland 
Security's (DHS') application of the provisions of the CSPA by amending 
the relevant DHS regulations.
The CSPA has generated litigation and much confusion among the public. 
While USCIS has worked tirelessly to communicate a coherent CSPA policy 
by way of guidance to the field, courts have consistently noted the 
absence of regulations addressing the issues raised by CSPA. If USCIS 
is to enjoy deference by the courts it must publish regulations 
codifying its interpretation of the CSPA before the issues are decided 
in binding court decisions. Moreover, USCIS receives numerous comments 
and questions from the public regarding the CSPA, which the publication 
of a proposed rule will bring to bear on the actual rulemaking process.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/00/08
NPRM Comment Period End         05/00/08

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, Regulations and Product Management 
Division, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, 3rd Floor, 111 Massachusetts Avenue NW., 
Washington, DC 20529
Phone: 202 272-8350
Email: [email protected]

RIN: 1615-AA95
_______________________________________________________________________




1052. REQUIRING COMPLETION OF SECURITY CHECKS BEFORE ISSUANCE OF 
EVIDENCE OF ALIEN REGISTRATION

Priority: Other Significant

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

CFR Citation: 8 CFR 264

Legal Deadline: None

Abstract: This interim rule amends Department of Homeland Security 
(DHS) regulations governing registration of aliens under sections 262 
and 264 of the Immigration and Nationality Act (Act). The rule, which 
codifies existing DHS practices, provides that DHS will issue alien 
registration documents only once all appropriate background and 
security checks have been completed to the satisfaction of the 
Secretary of Homeland Security (Secretary). This interim rule 
establishes time frames, under certain circumstances, for the issuance 
of such registration documentation and procedures for delaying the 
issuance of such documentation when DHS determines that the alien may 
pose a risk to national security or public safety.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/00/08
NPRM Comment Period End         05/00/08

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2291-03

Agency Contact: Pearl Chang, Chief, Regulations and Product Management 
Division, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, 3rd Floor, 111 Massachusetts Avenue NW., 
Washington, DC 20529
Phone: 202 272-8350
Email: [email protected]

RIN: 1615-AB12
_______________________________________________________________________




1053. 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 proposed rule would amend and clarify 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): 1) Her/his biometrics at 
an Application Support Center (ASC); 2) a $180 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 proposed rule would also clarify current 
regulations governing registration and imposes a new requirement that 
each TPS re-registrant submit a filing fee or a fee waiver request with 
Form I-821, Application for Temporary Protected Status.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/07
NPRM Comment Period End         11/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS 2334-04

Agency Contact: Sophia Cox, Chief, Service Center Operations, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, 20 Massachusetts Avenue NW., 2nd Floor, Washington, DC 20529
Phone: 202 272-1509

RIN: 1615-AB31

[[Page 22594]]

_______________________________________________________________________




1054. 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 considering the elimination of 
the current practice of allowing the substitution of alien 
beneficiaries on permanent labor certifications, among other options. 
In addition, DHS is proposing to reduce further the likelihood of the 
submission of malafide 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                            07/00/07
NPRM Comment Period End         09/00/07

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, Service Center Operations, 2nd Floor, 20 Massachusetts Avenue 
NW., Washington, DC 20529
Phone: 202 272-8411
Email: [email protected]

RIN: 1615-AB34
_______________________________________________________________________




1055. APPLICATION PROCESS FOR REPLACING FORMS I-551 WITHOUT AN 
EXPIRATION DATE

Priority: Other Significant

Legal Authority: 5 USC 301; 5 USC 552; 5 USC 552a; 8 USC 1101

CFR Citation: 8 CFR 103; 8 CFR 211; 8 CFR 245; 8 CFR 246; 8 CFR 264; 8 
CFR 274a

Legal Deadline: None

Abstract: The Department of Homeland Security, U.S. Citizenship and 
Immigration Services (USCIS) issues Alien Registration Receipt Cards 
(I-551) to lawful permanent residents to serve as evidence of 
immigration status, registration, identity and employment 
authorization, and as an entry document upon return from a trip outside 
the United States. Currently there is a population of lawful permanent 
residents who possess cards that do not have expiration dates. USCIS 
will be terminating the validity of Forms I-551 that do not have 
expiration dates. This rule establishes a 120-day period for aliens 
with Forms I-551 that do not bear expiration dates to apply for 
replacement cards. This rule also amends the regulations to remove 
references to outdated application procedures for the I-551. The 
application process required by this rule will enable USCIS to issue 
more secure Forms I-551 to affected aliens, update cardholder 
information, conduct background checks, and electronically store 
applicants' biometric information that can be used for biometric 
comparison and authentication purposes consistent with the goals of the 
Enhanced Border Security and Visa Entry Reform Act of 2002.
In addition, this rule establishes the mechanism by which USCIS will 
notify the public of the termination date for forms I-551 that do not 
have expiration dates. This rule also amends the regulations to add two 
documents to the list of forms that constitute evidence of 
registration: Receipt for the Form I-90, Application to Replace 
Permanent Resident Card, and Receipt for pending Form N-400, 
Application for Naturalization. Finally, this rule amends the 
regulations to correct the title and edition date of form I-551 and 
Form I-90.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/07
NPRM Comment Period End         08/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Pearl Chang, Chief, Regulations and Product Management 
Division, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, 3rd Floor, 111 Massachusetts Avenue NW., 
Washington, DC 20529
Phone: 202 272-8350
Email: [email protected]

RIN: 1615-AB36
_______________________________________________________________________




1056. FOREIGN RESIDENCE REQUIREMENT IMPOSED ON CERTAIN PARTICIPANTS IN 
THE IRISH PEACE PROCESS CULTURAL AND TRAINING PROGRAM

Priority: Other Significant

Unfunded Mandates: Undetermined

Legal Authority: PL 108-449

CFR Citation: 8 CFR 103 ; 8 CFR 212; 8 CFR 245; 8 CFR 248; 8 CFR 299

Legal Deadline: None

Abstract: A foreign residence requirement is a period of time that 
certain nonimmigrants are required to remain outside the United States 
in their home country or place of last habitual residence for a 
definite period of time until they are allowed to reenter the United 
States or apply for other U.S. immigration benefits. This proposed rule 
would amend the Department of Homeland Security (DHS) regulations to 
impose a foreign residence requirement on certain participants of the 
Irish Peace Process Cultural and Training Program (IPPCTP). This 
requirement is necessary to ensure that participants return home to 
apply the skills they received by participating in the IPPCTP toward 
the economic regeneration of their region. This rule would also 
implement the use of the Form I-928 to adjudicate requests from the 
affected participants to waive the foreign residence requirement on 
certain grounds.

[[Page 22595]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/07
NPRM Comment Period End         12/00/07

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, Service Center Operations, 2nd Floor, 20 Massachusetts Avenue 
NW., Washington, DC 20529
Phone: 202 272-8411
Email: [email protected]

RIN: 1615-AB43
_______________________________________________________________________




1057. HALTING CONCURRENT FILING OF FORM I-140 IMMIGRANT PETITION WITH A 
FORM I-485 APPLICATION

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1151; 8 USC 1153 to 
1154; 8 USC 1182 to 1182a; PL 105-277;

CFR Citation: 8 CFR 204; 8 CFR 205

Legal Deadline: None

Abstract: The Department of Homeland Security, U.S. Citizenship and 
Immigration Services, is proposing to amend its regulations concerning 
employment-based immigrant status. Under the current regulations, 
published at 67 FR 49561, employers may file a Form I-485, Application 
to Register Permanent Residence or Adjust Status (I-485) concurrently 
with Form I-140, Immigrant Petition for Alien Worker (immigrant 
petition), while the immigrant petition is pending; or after the 
immigrant petition has been approved, as long as a visa number is 
immediately available to the alien. The Department is considering 
modifying the current system to disallow concurrent I-140 and I-485 
filings and instead mandate that an alien worker applying for 
adjustment of status and be the beneficiary of an approved immigrant 
petition prior to filing the adjustment application.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/07
NPRM Comment Period End         10/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2380-06

Agency Contact: Efren Hernandez, Chief, Business and Trade Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Service Center Operations, 2nd Floor, 20 Massachusetts Avenue 
NW., Washington, DC 20529
Phone: 202 272-8411
Email: [email protected]

RIN: 1615-AB51
_______________________________________________________________________




1058. ADJUSTMENT OF THE IMMIGRATION BENEFIT APPLICATION/PETITION AND 
BIOMETRIC FEE SCHEDULE

Priority: Economically Significant. Major under 5 USC 801.

Legal Authority: 8 USC 1356(m) and (n); 31 USC 901 to 903; 31 USC 902 
(a)(8)

CFR Citation: 8 CFR 103

Legal Deadline: None

Abstract: This rule proposes to adjust the immigration benefit 
application and petition fees of the Immigration Examinations Fee 
Account (IEFA), and the biometric fee for applicants/petitioners who 
apply for certain immigration benefits for fiscal years (FY) 2008 and 
FY 2009 biennial period. Fees collected from persons filing these 
benefits are deposited into the IEFA and used to fund the full cost of 
processing immigration benefit applications/petitions, biometric 
services, associated support services, and the cost of providing 
similar services to asylum and refugee applicants and other immigrants, 
at no charge. The fees that fund the IEFA were last updated on October 
26, 2005, solely to reflect an increase in costs due to inflation. The 
U.S. Citizenship and Immigration Services (USCIS) conducted a 
comprehensive review of the resources and activities funded by the IEFA 
and have determined that the current fees do not reflect current 
processes and do not recover the full costs of services. This rule 
proposes to adjust the immigration benefit application and petition fee 
schedule and increases the biometric fee in order to ensure sufficient 
funding to process incoming applications/petitions and biometric 
services while ensuring national security, enhancing customer service, 
and maintaining standard processing time goals in fiscal years 2008 and 
2009. Without the additional fee revenues, USCIS would be forced to 
enact significant spending reductions resulting in a reversal of the 
considerable progress it has made over last several years to reduce the 
backlog of immigration benefit applications and petitions. If such 
reductions are necessary, USCIS will not curb any security-related 
activities in an effort to remain solvent.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/01/07                     72 FR 4888
NPRM Comment Period End         04/02/07
Final Action                    04/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2393-06

URL For More Information:
www.regulations.gov

URL For Public Comments:
www.regulations.gov

Agency Contact: Paul Schlesinger, Office of Budget, Department of 
Homeland Security, U.S. Citizenship and Immigration Services, 20 
Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 272-1930
Email: [email protected]

RIN: 1615-AB53
_______________________________________________________________________




1059. [bull] CLASSIFICATION OF ADOPTED ALIENS AS CHILDREN OF UNITED 
STATES CITIZENS BASED ON ADOPTIONS THAT ARE NOT GOVERNED BY THE HAGUE 
CONVENTION

Priority: Other Significant

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

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

Legal Deadline: None

Abstract: This rule proposes to amend Department of Homeland Security

[[Page 22596]]

(DHS) regulations relating to intercountry adoptions in cases that are 
not governed by the Convention on Protection of Children and 
Cooperation in Respect of Intercountry Adoption, signed at The Hague on 
May 29, 1993 (``Convention''). First, the rule proposes amendments to 
the rules governing adoption cases under section 101(b)(1)(E) of the 
Immigration and Nationality Act (``the Act''). Second, it also proposes 
amendments to the rules governing the immigration of alien orphans 
under section 101(b)(1)(F) of the Act. These amendments are needed to 
clarify the rules for both case types, and to incorporate into the 
regulations recent statutory amendments. For the orphan cases, these 
amendments will also improve the ability to assure the protection of 
the best interests of alien orphans whose adoption is sought by U.S. 
citizens.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/07
NPRM Comment Period End         11/00/07

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Additional Information: CIS No. 2406-07

Agency Contact: Lori Scialabba, Associate Chief, Refugee, Asylum 
International Operations Directorate, Department of Homeland Security, 
U.S. Citizenship and Immigration Services, 20 Massachusetts Avenue NW., 
Washington, DC 20529
Phone: 202 272-1663
Email: [email protected]

RIN: 1615-AB57
_______________________________________________________________________


Department of Homeland Security (DHS)                  Final Rule Stage


U.S. Citizenship and Immigration Services (USCIS)



_______________________________________________________________________




1060. 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 to 1154; 8 USC 1182; 8 USC 1186a; 8 USC 1255

CFR Citation: 8 CFR 204

Legal Deadline: None

Abstract: In 1996, the Immigration and Naturalization Service published 
an interim rule on this subject at 61 FR 13061. The USCIS, formerly the 
Immigration and Naturalization Service, received a number of comments 
in response to that rulemaking. Most of those comments have since been 
overcome by events, namely new legislation. In October 2000, the 
President signed the Victims of Trafficking and Violence Protection 
Act, Public Law 106-386, which contained numerous amendments to the 
battered spouse provisions contained in the Immigration and Nationality 
Act (INA). More recently, the Violence Against Women and Department of 
Justice Reauthorization Act of 2005, Public Law 109-162 (January 5, 
2006), made further amendments to the battered spouse provisions of the 
INA. The Department will now issue another interim final rule to make 
the changes required by the recent legislation and to provide an 
opportunity for notice and comment.

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
Interim Final Rule              11/00/07
Interim Final Rule Comment 
Period End                      01/00/08

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, Regulations and Product Management 
Division, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, 3rd Floor, 111 Massachusetts Avenue NW., 
Washington, DC 20529
Phone: 202 272-8350
Email: [email protected]

RIN: 1615-AA03
_______________________________________________________________________




1061. 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 2 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                    03/00/08

Regulatory Flexibility Analysis Required: No

[[Page 22597]]

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, Regulations and Product Management 
Division, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, 3rd Floor, 111 Massachusetts Avenue NW., 
Washington, DC 20529
Phone: 202 272-8350
Email: [email protected]

RIN: 1615-AA29
_______________________________________________________________________




1062. 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 Circuit 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                    03/00/08

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: David Lester, Chief, Field Liaison Branch, Field 
Operations, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, 20 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 272-1849

RIN: 1615-AA30
_______________________________________________________________________




1063. CLASSIFICATION OF ALIENS AS CHILDREN OF UNITED STATES CITIZENS 
BASED ON INTERCOUNTRY ADOPTIONS UNDER THE HAGUE CONVENTION

Priority: Other Significant

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

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 Cooperation 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 
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

________________________________________________________________________

Interim Final Rule              09/00/07
Interim Final Rule Comment 
Period End                      11/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2098-07.
Transferred from RIN 1115-AF96

Agency Contact: Lori Scialabba, Associate Chief, Refugee, Asylum 
International Operations Directorate, Department of Homeland Security, 
U.S. Citizenship and Immigration Services, 20 Massachusetts Avenue NW., 
Washington, DC 20529
Phone: 202 272-1663
Email: [email protected]

RIN: 1615-AA43
_______________________________________________________________________




1064. ESTABLISHING PREMIUM PROCESSING SERVICE FOR EMPLOYMENT-BASED 
PETITIONS AND APPLICATIONS

Priority: Substantive, Nonsignificant

Legal Authority: 8 USC 1101; 8 USC 1103

CFR Citation: 8 CFR 103; 8 CFR 299

Legal Deadline: None

Abstract: This interim rule changes the premium processing time from 15 
calendar days to 15 business days and adds additional circumstances 
that will stop the premium processing clock. This rule also clarifies 
that for e-filed petitions and applications, the 15 business day 
processing period begins when U.S. Citizenship and Immigration Services 
receives the initial required supporting documentation to adjudicate 
the case at the Service Center with jurisdiction over that case. This 
interim rule also addresses public comments received in connection with 
the first interim rule.

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
Interim Final Rule              03/00/08

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: Efren Hernandez, Chief, Business and Trade Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Service Center Operations, 2nd Floor, 20 Massachusetts Avenue 
NW., Washington, DC 20529
Phone: 202 272-8411
Email: [email protected]

RIN: 1615-AA49

[[Page 22598]]

_______________________________________________________________________




1065. 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 -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                    03/00/08

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, Regulations and Product Management 
Division, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, 3rd Floor, 111 Massachusetts Avenue NW., 
Washington, DC 20529
Phone: 202 272-8350
Email: [email protected]

RIN: 1615-AA53
_______________________________________________________________________




1066. ADJUSTMENT OF STATUS TO LAWFUL PERMANENT RESIDENT FOR ALIENS IN T 
AND U 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; 8 USC 1255; 22 USC 7101; 22 USC 
7105;

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

Legal Deadline: Other, Statutory, January 5, 2006, Regulations need to 
be promulgated by July 5, 2006.

Abstract: This rule sets forth measures by which certain victims of 
severe forms of trafficking who have been granted T nonimmigrant status 
and victims of certain criminal activity who have been granted U 
nonimmigrant status may apply for adjustment to permanent resident 
status in accordance with Public Law 106-386, Victims of Trafficking 
and Violence Protection Act of 2000, and Public Law 109-162, Violence 
Against Women and Department of Justice Reauthorization Act of 2005.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              08/00/07
Interim Final Rule Comment 
Period End                      10/00/07

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, Regulations and Product Management 
Division, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, 3rd Floor, 111 Massachusetts Avenue NW., 
Washington, DC 20529
Phone: 202 272-8350
Email: [email protected]

RIN: 1615-AA60
_______________________________________________________________________




1067. 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: Other, Statutory, January 5, 2006, Regulations need to 
be promulgated by July 5, 2006.
Public Law 109-162, Violence Against Women and Department of Justice 
Reauthorization Act of 2005.

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

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal, Local, State

Additional Information: Transferred from RIN 1115-AG39

Agency Contact: Pearl Chang, Chief, Regulations and Product Management 
Division, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, 3rd Floor, 111

[[Page 22599]]

Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 272-8350
Email: [email protected]

RIN: 1615-AA67
_______________________________________________________________________




1068. 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 interim rule codifies the Secretary of Homeland 
Security's current discretionary authority, as delegated to the 
Department of Homeland Security (DHS) directors, to manage the caseload 
of pending requests for immigration benefits in districts or regions 
over which the directors have jurisdiction. A component of this case 
management authority is the ability to withhold adjudication of any 
pending application or petition, particularly when an investigation is 
ongoing and background and security checks are still pending 
completion. This interim rule expands the circumstances under which DHS 
may withhold adjudication or toll any applicable regulatory deadline 
for completion of adjudication of an application or petition. This 
interim rule also modifies the regulations governing processing of 
naturalization applications to define when a naturalization examination 
will be deemed ``conducted'' for purposes of seeking administrative or 
judicial review under section 336 of the Immigration and Nationality 
Act (Act). The interim rule also requires that background and security 
checks be completed to the satisfaction of the Secretary before an 
alien may be found to have ``good moral character'' for naturalization 
and before the alien may be naturalized in accordance with title III of 
the Act. These changes will aid DHS in its efforts to improve case 
adjudication overall while simultaneously ensuring that no immigration 
or naturalization benefit is granted until any pending investigation or 
required background and security check is completed to the satisfaction 
of the Secretary. These changes also will ensure that no immigration 
benefit is provided to an ineligible individual or person who may pose 
a threat to public safety or national security.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              06/00/07
Interim Final Rule Comment 
Period End                      08/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

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

Agency Contact: Pearl Chang, Chief, Regulations and Product Management 
Division, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, 111 Massachusetts Avenue NW., Washington, DC 
20529
Phone: 202 272-8350
Email: [email protected]

RIN: 1615-AA86
_______________________________________________________________________




1069. 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                    04/00/07
Final Action Effective          06/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2287-03

URL For More Information:
www.regulations.gov

URL For Public Comments:
www.regulations.gov

Agency Contact: Pearl Chang, Chief, Regulations and Product Management 
Division, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, 3rd Floor, 111 Massachusetts Avenue NW., 
Washington, DC 20529
Phone: 202 272-8350
Email: [email protected]

RIN: 1615-AB13

[[Page 22600]]

_______________________________________________________________________




1070. 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 filing 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
Final Action                    02/00/08

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2277-03

URL For More Information:
www.regulations.gov

Agency Contact: Efren Hernandez, Chief, Business and Trade Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Service Center Operations, 2nd Floor, 20 Massachusetts Avenue 
NW., Washington, DC 20529
Phone: 202 272-8411
Email: [email protected]

RIN: 1615-AB14
_______________________________________________________________________




1071. 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                            04/20/06                    71 FR 20357
NPRM Comment Period End         06/19/06
Final Action                    07/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

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

URL For More Information:
www.regulations.gov

URL For Public Comments:
www.regulations.gov

Agency Contact: Dominick Gentile, Chief, Records Division, Department 
of Homeland Security, U.S. Citizenship and Immigration Services, Office 
of Records Management, 111 Massachusetts Avenue NW., Washington, DC 
20529
Phone: 202 272-8686

RIN: 1615-AB19
_______________________________________________________________________




1072. 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 Agencies.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              03/00/08
Interim Final Rule Comment 
Period End                      05/00/08

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS 2311-04

Agency Contact: Robert Wiemann, Chief, Administrative Appeals Office, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, 3rd Floor, 20 Massachusetts Avenue NW., Washington, DC 20528
Phone: 202 272-1212
Fax: 202 272-1262

RIN: 1615-AB29

[[Page 22601]]

_______________________________________________________________________




1073. INTERPRETATION AT ASYLUM INTERVIEWS

Priority: Other Significant. Major under 5 USC 801.

Legal Authority: Not Yet Determined

CFR Citation: 8 CFR 208

Legal Deadline: None

Abstract: Section 208(d)(5)(B), Authority to Apply for Asylum, under 
the Immigration and Nationality Act, gives the Secretary the authority 
to provide by regulation any conditions in consideration of an asylum 
application. Current regulations require the asylum applicant to bring 
their interpreter to the asylum interview if the applicant is unable to 
speak English. This proposed rule would change that condition by 
requiring USCIS to provide interpreter services for applicants unable 
to speak English. This rule is necessary to help prevent 
misunderstanding of genuine asylum seekers' claims due to poor 
translation.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              01/00/08
Interim Final Rule Comment 
Period End                      03/00/08

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Ted Kim, Chief of Operations, Asylum Division, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Office of Refugee, Asylum, and International Operations, 20 
Massachusetts Avenue NW., Washington, DC 20259
Phone: 202 272-1615

RIN: 1615-AB35
_______________________________________________________________________




1074. REMOVAL OF OBSOLETE SERVICE REGULATIONS CONCERNING THE DISCLOSURE 
OF RECORDS AND INFORMATION PURSUANT TO THE FREEDOM OF INFORMATION ACT 
AND THE PRIVACY ACT

Priority: Other Significant

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

CFR Citation: 8 CFR 103

Legal Deadline: None

Abstract: This rule is necessary to remove the Immigration and 
Naturalization Services (Service) regulations that were established 
while the Agency was under the Department of Justice. These regulations 
are obsolete with the establishment of the Department of Homeland 
Security. Currently, USCIS is following the regulations set forth in 6 
CFR part 5.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    03/00/08

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2386-06

Agency Contact: Tracy Bellisime, Department of Homeland Security, U.S. 
Citizenship and Immigration Services, National Records Center USCIS 
FOIA Policy and Training Office, 150 Space Center Loop, Lee's Summit, 
MO 64064
Phone: 816 350-5524

RIN: 1615-AB38
_______________________________________________________________________




1075. IRISH PEACE PROCESS CULTURAL AND TRAINING PROGRAM

Priority: Other Significant

Unfunded Mandates: Undetermined

Legal Authority: PL 108-449; PL 107-234; PL 105-319

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

Legal Deadline: None

Abstract: The Irish Peace Process Cultural and Training Program 
(IPPCTP) allows young people from Northern Ireland and certain 
designated counties in the Republic of Ireland to come to the United 
States temporarily for training, for employment, and to experience 
coexistence and conflict resolution in a diverse society. On December 
10, 2004, legislation, amending and extending the Irish Peace Process 
Cultural and Training Program Act of 1998, was signed into law. This 
rule implements certain changes made by this legislation. Other 
technical and administrative changes have been made to correct or 
clarify certain sections that were in the initial interim rule 
published in the Federal Register on March 17, 2000, at 65 FR 14774 
that implemented this program. This rule also addresses public comments 
received following the publication of the initial interim rule. 
Finally, some elements in the initial interim rule that were 
specifically related to program requirements, such as eligibility 
criteria for participation, have been removed and are in a separate 
Department of State (DOS) program rule (see DOS program rule published 
elsewhere in this issue of the Federal Register).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              08/00/07
Interim Final Rule Comment 
Period End                      10/00/07

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, Service Center Operations, 2nd Floor, 20 Massachusetts Avenue 
NW., Washington, DC 20529
Phone: 202 272-8411
Email: [email protected]

RIN: 1615-AB42
_______________________________________________________________________




1076. [bull] CHANGING THE PERIOD OF TIME FROM 30 TO 45 DAYS THAT A 
STUDENT WITH AN F-1 VISA MAY BE ADMITTED BEFORE ACADEMIC PROGRAM START 
DATE

Priority: Other Significant

Legal Authority: 8 USC 1101(a)(15)(F)(i).

CFR Citation: 8 CFR 214; 8 CFR 214.2(f)(5)(i)

Legal Deadline: None

Abstract: U.S. Citizenship and Immigration Services (USCIS) is amending 
its regulations to extend the amount of time a student with an F-1 visa 
may be admitted to the United States before beginning an academic 
program. Currently, F-1 visa holders may be admitted for a period up to 
30 days before the report date or program start date. This rule will 
change the period of time F-1 visa holders may be admitted to 45 days 
before the report date or program start date. This change will allow 
earlier admission of students, which will provide students additional 
time to better prepare for the academic year.

[[Page 22602]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Direct Final Rule               06/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2401-06

Agency Contact: Pearl Chang, Chief, Regulations and Product Management 
Division, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, 111 Massachusetts Avenue NW., Washington, DC 
20529
Phone: 202 272-8350
Email: [email protected]

RIN: 1615-AB55
_______________________________________________________________________




1077. [bull] REMOVING REFERENCES TO FILING LOCATIONS AND OBSOLETE 
REFERENCES TO LEGACY IMMIGRATION AND NATURALIZATION SERVICE

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

Legal Authority: 8 CFR 2.1

CFR Citation: 8 CFR 100; 8 CFR 103; 8 CFR 204; 8 CFR 207 to 208; 8 CFR 
211 to 212; 8 CFR 214; 8 CFR 216; 8 CFR 236; 8 CFR 244 to 245; 8 CFR 
248; 8 CFR 264; 8 CFR 274a; 8 CFR 301; 8 CFR 316; 8 CFR 320; 8 CFR 322; 
8 CFR 324; 8 CFR 327 to 329; 8 CFR 330; 8 CFR 334; 8 CFR 392

Legal Deadline: None

Abstract: This rule will amend the Department of Homeland Security 
(DHS), U.S. Citizenship and Immigrations Services' (USCIS) regulations 
to: (1) Remove the Immigration and Naturalization Service (INS) 
organizational structure from regulations since INS no longer exists; 
and (2) Eliminate from USCIS regulations all references to filing 
locations so that USCIS may provide such information on petition and 
applications forms and through any other means. This rule will 
eliminate confusion and obsolete references from USCIS regulations and 
help the public determine where to file forms with USCIS. It will also 
result in a more efficient and streamlined process for USCIS to make 
future changes to filing instructions, allowing the agency to better 
manage its workload.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              06/00/07
Interim Final Rule Comment 
Period End                      08/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2405-07

Agency Contact: Efren Hernandez, Chief, Business and Trade Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Service Center Operations, 2nd Floor, 20 Massachusetts Avenue 
NW., Washington, DC 20529
Phone: 202 272-8411
Email: [email protected]

RIN: 1615-AB56
_______________________________________________________________________


Department of Homeland Security (DHS)                 Long-Term Actions


U.S. Citizenship and Immigration Services (USCIS)



_______________________________________________________________________




1078. 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 intends to publish a final rule this year. 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 Action                     To Be                       Determined

[[Page 22603]]

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: Gerri Ratliff, Chief, Verification Division, Department 
of Homeland Security, U.S. Citizenship and Immigration Services, 3rd 
Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 272-1714
Email: [email protected]

RIN: 1615-AA01
_______________________________________________________________________




1079. DEFINITION OF THE TERM ``LAWFULLY PRESENT'' FOR PURPOSES OF 
ELIGIBILITY FOR PUBLIC BENEFITS

Priority: Other Significant

Legal Authority: 5 USC 552; 31 USC 9701; 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'' 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                     To Be                       Determined

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, Regulations and Product Management 
Division, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, 3rd Floor, 111 Massachusetts Avenue NW., 
Washington, DC 20529
Phone: 202 272-8350
Email: [email protected]

RIN: 1615-AA05
_______________________________________________________________________




1080. 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                     To Be                       Determined

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, Regulations and Product Management 
Division, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, 3rd Floor, 111 Massachusetts Avenue NW., 
Washington, DC 20529
Phone: 202 272-8350

[[Page 22604]]

Email: [email protected]

RIN: 1615-AA12
_______________________________________________________________________




1081. 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                     To Be                       Determined

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: Dan Neufel, Chief, Field Operations, Department of 
Homeland Security, U.S. Citizenship and Immigration Services, 20 
Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 272-1017

RIN: 1615-AA14
_______________________________________________________________________




1082. 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; 5 USC 552a; 8 USC 1101; 8 USC 1103; 8 USC 
1158; 8 USC 1182; 8 USC 1186a; 8 USC 1224; 8 USC 1225 to 1227; 8 USC 
1251; 8 USC 1252 note; 8 USC 1252a

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 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                     To Be                       Determined

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 Chief, Asylum Division, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, 20 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 272-1625
Fax: 202 272-1687
Email: [email protected]

RIN: 1615-AA17
_______________________________________________________________________




1083. 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 to 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                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

[[Page 22605]]

Small Entities Affected: No

Government Levels Affected: None

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

Agency Contact: Ronald W. Whitney, Associate Chief 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

RIN: 1615-AA19
_______________________________________________________________________




1084. INADMISSIBILITY AND DEPORTABILITY ON PUBLIC CHARGE GROUNDS

Priority: Other Significant

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


Next Action Undetermined

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

RIN: 1615-AA22
_______________________________________________________________________




1085. 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 to 
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 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 guaranty 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                     To Be                       Determined

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: Barbara Strack, Chief, Refugee Affairs Division, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, 20 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 272-1664
Email: [email protected]

RIN: 1615-AA24
_______________________________________________________________________




1086. 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 to 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                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

[[Page 22606]]

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

Agency Contact: Pearl Chang, Chief, Regulations and Product Management 
Division, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, 111 Massachusetts Avenue NW., Washington, DC 
20529
Phone: 202 272-8350
Email: [email protected]

RIN: 1615-AA34
_______________________________________________________________________




1087. 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                     To Be                       Determined

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, Service Center Operations, 2nd Floor, 20 Massachusetts Avenue 
NW., Washington, DC 20529
Phone: 202 272-8411
Email: [email protected]

RIN: 1615-AA35
_______________________________________________________________________




1088. 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 
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                     To Be                       Determined

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, Regulations and Product Management 
Division, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, 3rd Floor, 111 Massachusetts Avenue NW., 
Washington, DC 20529
Phone: 202 272-8350
Email: [email protected]

RIN: 1615-AA40
_______________________________________________________________________




1089. 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 Department of Homeland Security 
regulations that govern 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, the 
requirements for failure of State protection, and determinations about 
whether persecution is inflicted on account of a protected ground. 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 Justice believed that this issue required 
further examination after the Board of Immigration Appeals decision, 
Matter of R-A-, Interim Decision 3403 (BIA 1999) and published a 
proposed rule.

[[Page 22607]]

Additionally, the rule clarifies the factors considered in cases in the 
Court of Appeals for the Ninth Circuit regarding membership in a 
particular social group are not determinative.
Hence, DHS, USCIS will publish a final rule which incorporates 
provisions contained in both an interim rule amending Department of 
Justice regulations to implement the Illegal Immigration Reform and 
Immigrant Responsibility Act, (62 FR 10312-1997), and the proposed past 
persecution rule, Executive Office for Immigration Review; New Rules 
Regarding Procedures for Asylum and Withholding of Removal (63 FR 
31945-1998).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/07/00                    65 FR 76588
NPRM Comment Period End         01/22/01
Final Action                    04/00/08

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: Barbara Strack, Chief, Refugee Affairs Division, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, 20 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 272-1664
Email: [email protected]

RIN: 1615-AA41
_______________________________________________________________________




1090. 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 to 
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                     To Be                       Determined

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, Regulations and Product Management 
Division, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, 3rd Floor, 111 Massachusetts Avenue NW., 
Washington, DC 20529
Phone: 202 272-8350
Email: [email protected]

RIN: 1615-AA42
_______________________________________________________________________




1091. 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
NPRM Comment Period End         07/29/02


Next Action Undetermined

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, Service Center Operations, 2nd Floor, 20 Massachusetts Avenue 
NW., Washington, DC 20529
Phone: 202 272-8411
Email: [email protected]

RIN: 1615-AA44
_______________________________________________________________________




1092. 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

[[Page 22608]]

Interim Final Rule Effective    06/13/01
Interim Final Rule Comment 
Period End                      08/13/01
Final Action                    04/00/08

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: Ramona McGee, Office of Chief Counsel, Department of 
Homeland Security, U.S. Citizenship and Immigration Services, 20 
Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 272-1431

RIN: 1615-AA45
_______________________________________________________________________




1093. 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 to 
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                     To Be                       Determined

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, Service Center Operations, 2nd Floor, 20 Massachusetts Avenue 
NW., Washington, DC 20529
Phone: 202 272-8411
Email: [email protected]

RIN: 1615-AA46
_______________________________________________________________________




1094. 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 
(INA) 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 INA may be waived for NACARA/HRIFA adjustment applicants. 
Section 241(a)(5) of the INA 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 INA, 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 INA 
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 Rule                       To Be                       Determined

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, Regulations and Product Management 
Division, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, 3rd Floor, 111 Massachusetts Avenue NW., 
Washington, DC 20529
Phone: 202 272-8350
Email: [email protected]

RIN: 1615-AA51
_______________________________________________________________________




1095. 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

[[Page 22609]]

CFR Citation: 8 CFR 245a

Legal Deadline: None

Abstract: This interim final rule 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


Next Action Undetermined

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, Regulations and Product Management 
Division, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, 3rd Floor, 111 Massachusetts Avenue NW., 
Washington, DC 20529
Phone: 202 272-8350
Email: [email protected]

RIN: 1615-AA52
_______________________________________________________________________




1096. 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                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: LIFE creates another separate nonimmigrant 
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, Regulations and Product Management 
Division, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, 3rd Floor, 111 Massachusetts Avenue NW., 
Washington, DC 20529
Phone: 202 272-8350
Email: [email protected]

RIN: 1615-AA56
_______________________________________________________________________




1097. 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

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                     To Be                       Determined

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, Regulations and Product Management 
Division, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, 3rd Floor, 111 Massachusetts Avenue NW., 
Washington, DC 20529
Phone: 202 272-8350
Email: [email protected]

RIN: 1615-AA57

[[Page 22610]]

_______________________________________________________________________




1098. 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                     To Be                       Determined

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, Regulations and Product Management 
Division, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, 3rd Floor, 111 Massachusetts Avenue NW., 
Washington, DC 20529
Phone: 202 272-8350
Email: [email protected]

RIN: 1615-AA59
_______________________________________________________________________




1099. 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 5 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                     To Be                       Determined

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, Regulations and Product Management 
Division, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, 3rd Floor, 111 Massachusetts Avenue NW., 
Washington, DC 20529
Phone: 202 272-8350
Email: [email protected]

RIN: 1615-AA63
_______________________________________________________________________




1100. 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

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                     To Be                       Determined

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, Service Center Operations, 2nd Floor, 20 Massachusetts Avenue 
NW., Washington, DC 20529
Phone: 202 272-8411
Email: [email protected]

RIN: 1615-AA73

[[Page 22611]]

_______________________________________________________________________




1101. 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 
1186(a); 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, Service Center Operations, 2nd Floor, 20 Massachusetts Avenue 
NW., Washington, DC 20529
Phone: 202 272-8411
Email: [email protected]

RIN: 1615-AA82
_______________________________________________________________________




1102. 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


Next Action Undetermined

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: Rebecca Watson, Lockbox Project Manager, Department of 
Homeland Security, U.S. Citizenship and Immigration Services, 20 
Massachusetts Avenue NW., Room 1000, Washington, DC 20529
Phone: 202 272-1001

RIN: 1615-AA83
_______________________________________________________________________




1103. ELIMINATING THE NUMERICAL CAP ON MEXICAN TN NONIMMIGRANTS

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: 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                     To Be                       Determined

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, Service Center Operations, 2nd Floor, 20 Massachusetts Avenue 
NW., Washington, DC 20529
Phone: 202 272-8411
Email: [email protected]

RIN: 1615-AA96
_______________________________________________________________________




1104. 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

[[Page 22612]]

(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                     To Be                       Determined

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, Service Center Operations, 2nd Floor, 20 Massachusetts Avenue 
NW., Washington, DC 20529
Phone: 202 272-8411
Email: [email protected]

RIN: 1615-AB28
_______________________________________________________________________




1105. 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

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              05/05/05                    70 FR 23775
Interim Final Rule Comment 
Period End                      07/05/05
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

URL For More Information:
www.regulations.gov

Agency Contact: Efren Hernandez, Chief, Business and Trade Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Service Center Operations, 2nd Floor, 20 Massachusetts Avenue 
NW., Washington, DC 20529
Phone: 202 272-8411
Email: [email protected]

RIN: 1615-AB32
_______________________________________________________________________




1106. 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 to 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 6 credit hours 
if the student is an undergraduate, or 3 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                     To Be                       Determined

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: Efren Hernandez, Chief, Business and Trade Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Service Center Operations, 2nd Floor, 20 Massachusetts Avenue 
NW., Washington, DC 20529
Phone: 202 272-8411
Email: [email protected]

Related RIN: Previously reported as 1115-AF15
RIN: 1615-AB44
_______________________________________________________________________




1107. ELIGIBILITY OF ARRIVING ALIENS IN REMOVAL PROCEEDINGS TO APPLY FOR 
ADJUSTMENT OF STATUS AND JURISDICTION TO ADJUDICATE APPLICATIONS FOR 
ADJUSTMENT OF STATUS

Priority: Other Significant

Legal Authority: 8 USC 1255; 8 USC 1225(b)(2) ; 8 USC 1229a(c)(2)(A); 8 
USC 1101(a)(13)(B);

CFR Citation: 8 CFR 1 ; 8 CFR 25 ; 8 CFR 1001; 8 CFR 1245

Legal Deadline: None

Abstract: The Secretary of Homeland Security and the Attorney General 
publish these interim final rules to amend their respective agencies' 
regulations governing applications for adjustment of status filed by 
paroled arriving aliens seeking to become lawful permanent residents. 
The Secretary and the Attorney General are also amending the 
regulations to clarify when United States Citizenship and Immigration 
Services, or the

[[Page 22613]]

immigration judges and the Board of Immigration Appeals Executive 
Office for Immigration Review, have jurisdiction to adjudicate 
applications for adjustment of status by such aliens. In addition, the 
Secretary and the Attorney General are requesting comments on the 
possibility of adopting further proposals in the future to structure 
the exercise of discretion in adjudicating these applications for 
adjustment of status.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              05/12/06                    71 FR 27585
Interim Final Rule Comment 
Period End                      06/12/06
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2387-06

URL For More Information:
www.regulations.gov

URL For Public Comments:
www.regulations.gov

Agency Contact: Pearl Chang, Chief, Regulations and Product Management 
Division, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, 3rd Floor, 111 Massachusetts Avenue NW., 
Washington, DC 20529
Phone: 202 272-8350
Email: [email protected]

RIN: 1615-AB50
_______________________________________________________________________




1108. AMENDMENTS TO REGULATORY PROVISIONS REGARDING REFUGEE AND ASYLEE 
RELATIVE PETITIONS

Priority: Other Significant

Legal Authority: 8 USC 1157(c)(2); PL 107-208, sec 116 Stat 927

CFR Citation: 8 CFR 207 to 209

Legal Deadline: None

Abstract: This rule proposes to amend the Department of Homeland 
Security (DHS) regulations governing the adjudication of petitions for 
the spouses and children of refugees and asylees following to join the 
principal refugee or asylee. These changes are intended to eliminate 
vulnerabilities in the current system by enabling DHS to examine the 
eligibility of beneficiaries and create a mechanism to suspend the 
petition while DHS seeks to verify the validity of the petitioner's 
underlying grant of asylum or refugee admission. The rule proposes to 
allocate jurisdiction over derivative asylum claims among U.S. 
Citizenship and Immigration Services and the Department of Justice, 
Executive Office for Immigration Review, and to clarify the distinction 
between approval of the petition and conveyance of status upon the 
beneficiary. The rule also proposes to amend the regulations to reflect 
changes in derivative eligibility following enactment of the Child 
Status Protection Act.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/08

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2372-06

Agency Contact: Joseph J Holliday, Branch Chief, Adjustment and 
Naturalization, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, Office of Domestic Operations, 20 Massachusetts 
Avenue NW., Washington, DC 20529
Phone: 202 272-1520

RIN: 1615-AB54
_______________________________________________________________________


Department of Homeland Security (DHS)                 Completed Actions


U.S. Citizenship and Immigration Services (USCIS)



_______________________________________________________________________




1109. 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 fiance(e)s to reflect the current 
statute 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
Withdrawn                       02/12/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

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

Agency Contact: Pearl Chang, Chief, Regulations and Product Management 
Division, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, 3rd Floor, 111 Massachusetts Avenue NW., 
Washington, DC 20529
Phone: 202 272-8350
Email: [email protected]

RIN: 1615-AA02

[[Page 22614]]

_______________________________________________________________________




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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       02/12/07

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, Regulations and Product Management 
Division, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, 3rd Floor, 111 Massachusetts Avenue NW., 
Washington, DC 20529
Phone: 202 272-8350
Email: [email protected]

RIN: 1615-AA33
_______________________________________________________________________




1111. 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 to 
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.

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                    04/18/06                    71 FR 19805
Final Action Effective          05/18/06

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, Service Center Operations, 2nd Floor, 20 Massachusetts Avenue 
NW., Washington, DC 20529
Phone: 202 272-8411
Email: [email protected]

RIN: 1615-AA47
_______________________________________________________________________




1112. WAIVER OF FEES

Priority: Other Significant

Legal Authority: 5 USC 552 to 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

________________________________________________________________________

Withdrawn                       02/12/07

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, Service Center Operations, 2nd Floor, 20 Massachusetts Avenue 
NW., Washington, DC 20529
Phone: 202 272-8411
Email: [email protected]

RIN: 1615-AA48
_______________________________________________________________________




1113. 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 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).

[[Page 22615]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       02/12/07

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, Regulations and Product Management 
Division, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, 3rd Floor, 111 Massachusetts Avenue NW., 
Washington, DC 20529
Phone: 202 272-8350
Email: [email protected]

RIN: 1615-AA66
_______________________________________________________________________




1114. 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

________________________________________________________________________

Withdrawn                       02/12/07

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: David Lester, Chief, Field Liaison Branch, Field 
Operations, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, 20 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 272-1849

RIN: 1615-AA81
_______________________________________________________________________




1115. 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

________________________________________________________________________

Withdrawn                       02/12/07

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, Service Center Operations, 2nd Floor, 20 Massachusetts Avenue 
NW., Washington, DC 20529
Phone: 202 272-8411
Email: [email protected]

RIN: 1615-AB00
_______________________________________________________________________




1116. PETITIONING REQUIREMENTS FOR THE O AND P NONIMMIGRANT 
CLASSIFICATIONS

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: This 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 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 6 
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

________________________________________________________________________

NPRM                            04/28/05                    70 FR 21983
NPRM Comment Period End         07/27/05
Final Action                    04/16/07                    72 FR 18856
Final Action Effective          05/16/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: 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

[[Page 22616]]

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.

URL For More Information:
www.regulations.gov

URL For Public Comments:
www.regulations.gov

Agency Contact: Efren Hernandez, Chief, Business and Trade Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Service Center Operations, 2nd Floor, 20 Massachusetts Avenue 
NW., Washington, DC 20529
Phone: 202 272-8411
Email: [email protected]

RIN: 1615-AB17
_______________________________________________________________________




1117. REVISION OF PROCEDURES FOR PREMIUM PROCESSING SERVICE FOR 
EMPLOYMENT-BASED PETITIONS AND APPLICATIONS

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

Legal Authority: 5 USC 301; 5 USC 552 to 552a; 8 USC 1101; 8 USC 1103; 
8 USC 1304; PL 107-296;

CFR Citation: 8 CFR 103

Legal Deadline: None

Abstract: This interim rule amends the Department of Homeland Security 
regulations by updating the procedures USCIS will follow when 
designating new petition and application types for the Premium Process 
Service, and giving notice to the public regarding when classifications 
or subcategories within designated applications and petition types may 
begin filing for the Premium Processing Service. Finally, this interim 
rule contains a notice of designation of Form I-140, Immigrant Petition 
for Alien Worker, Form I-539, Application to Extend or Change Status 
and Form I-765, Application for Authorization Document to the list of 
petitions and applications eligible for Premium Processing Service.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       02/12/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS 2350-05

Agency Contact: Efren Hernandez, Chief, Business and Trade Branch, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, Service Center Operations, 2nd Floor, 20 Massachusetts Avenue 
NW., Washington, DC 20529
Phone: 202 272-8411
Email: [email protected]

RIN: 1615-AB40
_______________________________________________________________________




1118. NEW ELECTRONIC ACCOUNT, ADJUDICATION, AND REPORTING SYSTEM; NEW 
PROCEDURES FOR FILING AND PROCESSING OF PETITIONS AND APPLICATIONS

Priority: Economically Significant. Major under 5 USC 801.

Legal Authority: 5 USC 301; 5 USC 552; 5 USC 552a; 6 USC 271; 8 USC 
1101;

CFR Citation: 8 CFR 100; 8 CFR 700 to 750

Legal Deadline: None

Abstract: U.S. Citizenship and Immigration Services (USCIS) of the 
Department of Homeland Security (DHS) is restructuring its entire 
business processes to implement new procedures for the filing, 
processing, and adjudication of all benefit applications and petitions. 
USCIS is moving toward complete electronic filing and adjudication of 
benefits to streamline processing, modernize adjudications, and 
facilitate efficient and effective data collection and reporting.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       02/13/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses, Governmental Jurisdictions

Government Levels Affected: None

Agency Contact: Daniel Renaud, USCIS Transformation Program Office, 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services, 20 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 272-1399

RIN: 1615-AB46
_______________________________________________________________________




1119. RECEIPT OF CLASSIFIED DEROGATORY INFORMATION BEFORE OATH TO 
NATURALIZATION APPLICANT

Priority: Other Significant

Legal Authority: Not Yet Determined

CFR Citation: 8 CFR 335

Legal Deadline: None

Abstract: This rule modifies 8 CFR 335.5 to allow USCIS to withhold 
classified derogatory information from an applicant when the derogatory 
information is discovered after the applicant successfully completes 
their naturalization interview but before an individual has taken their 
oath of renunciation and allegiance.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       02/12/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Pearl Chang, Chief, Regulations and Product Management 
Division, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, 111 Massachusetts Avenue NW., Washington, DC 
20529
Phone: 202 272-8350

[[Page 22617]]

Email: [email protected]

RIN: 1615-AB48
_______________________________________________________________________




1120. IMMIGRANT VISA SERVICE FEE

Priority: Other Significant. Major under 5 USC 801.

Legal Authority: 8 USC 1001; 8 USC 1103; 8 USC 1356; 31 USC 901; 31 USC 
902; 31 USC 903

CFR Citation: 8 CRR 103

Legal Deadline: None

Abstract: This rule proposes charging a new immigrant visa service fee 
to every immigrant visa applicant. This action is necessary, because 
USCIS incurs significant operating costs in providing permanent 
resident maintenance services, such as Permanent Resident Card 
production, data entry, record creation, and other related services. 
Currently, USCIS is not charging immigrant visa applicants overseas the 
service fee that it charges to adjustment of status applicants in the 
United States. By charging a new immigrant visa service fee, USCIS will 
recover its full operating costs of providing maintenance services to 
all new permanent residents.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       02/13/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Paul Schlesinger, Office of Budget, Department of 
Homeland Security, U.S. Citizenship and Immigration Services, 20 
Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 272-1930
Email: [email protected]

RIN: 1615-AB49
_______________________________________________________________________




1121. ADJUSTMENT OF THE PREMIUM PROCESSING FEE FOR INFLATION

Priority: Other Significant

Legal Authority: PL 106-553, sec 114

CFR Citation: 8 CFR 103

Legal Deadline: None

Abstract: Section 112 of the District of Columbia Appropriations Act of 
2001 authorized the collection of a premium fee for employment-based 
petitions and applications. U.S. Citizenship and Immigration Services 
(USCIS) uses this fee to provide certain premium-processing services to 
business customers, and to make infrastructure improvements in the 
adjudications and customer-service processes. This proposed rule 
adjusts the premium processing fee for employment-based petitions and 
applications, and provides that all future fee adjustments for Premium 
Processing Service will be made annually through publication in the 
Federal Register as with other USCIS fees. The premium processing fee 
is paid in addition to the regular petition or application fee.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       02/16/07

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: CIS 2376-06.

Agency Contact: Paul Schlesinger, Office of Budget, Department of 
Homeland Security, U.S. Citizenship and Immigration Services, 20 
Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 272-1930
Email: [email protected]

RIN: 1615-AB52
_______________________________________________________________________


Department of Homeland Security (DHS)               Proposed Rule Stage


U.S. Coast Guard (USCG)



_______________________________________________________________________




1122. IMPLEMENTATION OF THE 1995 AMENDMENTS TO THE INTERNATIONAL 
CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION, AND WATCHKEEPING 
(STCW) FOR SEAFARERS, 1978 (USCG-2004-17914)

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 those amendments 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. In addition, the Coast Guard has identified the need for 
additional changes to the interim rule issued in 1997. This rulemaking 
has been amended to address the training and assessments necessary to 
obtain merchant mariner credentials, to propose streamlined regulations 
for the mariner credential issuance process, and to make several minor 
editorial and clarification changes throughout title 46 parts 10, 12 
and 15. This project supports the Coast Guard's strategic goal of 
maritime safety. It also supports the goal of the Prevention 
Directorate by reducing deaths and injuries of crew members on domestic 
merchant vessels and eliminating substandard vessels from the navigable 
waters of the United States.

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 Final Rule              06/26/97                    62 FR 34505
Interim Final Rule Effective    07/28/97
Supplemental NPRM               12/00/07

[[Page 22618]]

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, CG-3PSO-1, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 372-1409

RIN: 1625-AA16
_______________________________________________________________________




1123. 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 non-
planing recreational houseboats equipped with propeller driven 
propulsion located aft of the transom. This rule would require owners 
of these non-planing 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 non-planing 
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
Notice of Withdrawal            05/00/07

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: Jeff Ludwig, Project Manager, CG-3PCB, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593
Phone: 202 372-1061

RIN: 1625-AA31
_______________________________________________________________________




1124. 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: (1) The administrative adjudication rules against merchant 
mariners' licenses, certificates of registry, and documents; (2) 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. It would also align our rules with the 
Coast Guard and Maritime Transportation Act of 2004.

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
Supplemental NPRM               08/00/07
Final Rule                      08/00/08

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

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: Mr. George Jordan, Project Manager, CG-00J, Department 
of Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 372-4442

RIN: 1625-AA59
_______________________________________________________________________




1125. 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

[[Page 22619]]

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 it more 
efficiently, and use it 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                            12/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Jeff Ludwig, Project Manager, CG-3PCB, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593
Phone: 202 372-1061

RIN: 1625-AA70
_______________________________________________________________________




1126. 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); 46 USC 4506; 46 USC 6104; 
46 USC 10603; DHS Delegation No. 0170.1(92)

CFR Citation: 46 CFR 28

Legal Deadline: None

Abstract: This rulemaking would amend commercial fishing industry 
vessel requirements to enhance maritime safety. The proposed changes 
would affect vessel stability and watertight integrity, carriage of 
immersion suits, training, compliance documentation, and safety 
equipment.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/07

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Mr. Mike Rosecrans, Project Manager, CG-3PCV-3, 
Department of Homeland Security, U.S. Coast Guard, 2100 Second Street 
SW., Washington, DC 20593
Phone: 202 372-1245

RIN: 1625-AA77
_______________________________________________________________________




1127. NAVIGATION EQUIPMENT; SOLAS CHAPTER V AMENDMENTS AND ELECTRONIC 
CHART SYSTEM (USCG-2004-19588)

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

Legal Authority: 33 USC 1223(a)(3); 46 USC 3306(a)(1); 46 USC 3703; PL 
108-293, sec 410

CFR Citation: 33 CFR 164; 46 CFR 37; 46 CFR 77; 46 CFR 78; 46 CFR 96; 
46 CFR 97; 46 CFR 108; 46 CFR 111; 46 CFR 130; 46 CFR 159; 46 CFR 165; 
46 CFR 195

Legal Deadline: NPRM, Statutory, January 1, 2007, Prescribe Electronic 
Charts Regulations before January 1, 2007.

Abstract: This rulemaking project would add new, and clarify existing, 
navigation safety equipment regulations in 33 CFR part 164 including 
electronic chart system regulations. 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                            09/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Governmental Jurisdictions

Government Levels Affected: State

Agency Contact: LCDR James Rocco, Project Manager, Office of Navigation 
Systems, Navigation Standards Division CG-3PWN-2, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593
Phone: 202 372-1565

Ms. Dolores Mercier, Project Manager, Office of Design and Engineering 
Standards, Systems Engineering Division CG-3PSE-3, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593
Phone: 202 372-1381

RIN: 1625-AA91
_______________________________________________________________________




1128. ALTERNATE COMPLIANCE PROGRAM: VESSEL INSPECTION ALTERNATIVES

Priority: Substantive, Nonsignificant

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

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

Legal Deadline: None

Abstract: This rulemaking would:
Update the list in 46 CFR 2.01-25 of those SOLAS certificates that we 
issue;
Add, in 46 CFR 8.320(b), the following safety certificates to the list 
of international certificates that can be issued by an authorized 
classification society:
 SOLAS Passenger Ship Safety Certificate (PSSC)
 IMO High-Speed Craft (HSC) Safety Certificate;
Add a condition to 46 CFR 8.420(c) stating that, in order for a 
recognized class society to be fully eligible to participate in the 
ACP, it must first be delegated issuing authority for the following 
certificates:
 SOLAS Cargo Ship Safety Construction Certificate
 SOLAS Cargo Ship Safety Equipment Certificate
 International Load Line Certificate
 International Tonnage Certificate

[[Page 22620]]

 International Oil Pollution Prevention Certificate;
Extend eligibility in the ACP to Oceanographic Research Vessels by 
adding a new section 46 CFR 189.15-3 to reference part 8; and, remove 
references to the American Bureau of Shipping (ABS) throughout the ACP 
regulations and replace them with references to ``authorized 
classification society.'' 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                            06/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: William Peters, Project Manager, Office of Design and 
Engineering Standards, Systems Engineering Division CG-3PSE-3, 
Department of Homeland Security, U.S. Coast Guard, 2100 Second Street 
SW., Washington, DC 20593
Phone: 202 372-1371
Email: [email protected]

RIN: 1625-AA92
_______________________________________________________________________




1129. NOTIFICATION OF ARRIVAL IN U.S. PORTS; CERTAIN DANGEROUS CARGOES; 
ELECTRONIC SUBMISSION (USCG-2004-19963)

Priority: Other Significant

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                    12/16/05                    70 FR 74663
Interim Final Rule Effective    01/17/06
Interim Final Rule Comment 
Period End                      03/16/06
NPRM                            03/00/08

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: LTJG Julie Miller, Project Manager, Office of Vessel 
Activities, Foreign and Offshore Vessel Activities Div. CG-3PCV-2, 
Department of Homeland Security, U.S. Coast Guard, 2100 Second Street 
SW., Washington, DC 20593
Phone: 202 372-1244

Related RIN: Related to 1625-AA41, Related to 1625-AA96, Related to 
1625-AA99
RIN: 1625-AA93
_______________________________________________________________________




1130. FINANCIAL RESPONSIBILITY FOR WATER POLLUTION (VESSELS) AND LIMITS 
OF LIABILITY

Priority: Info./Admin./Other

Legal Authority: 33 USC 2704, 2716

CFR Citation: 33 CFR 138

Legal Deadline: None

Abstract: This regulation would amend the ``Financial Responsibility 
for Water Pollution (Vessels)'' regulations to reflect the amended 
limits of liability resulting from enactment of the Coast Guard and 
Maritime Transportation Act of 2006. This regulation would support the 
Coast Guard's strategic goal of protection of natural resources.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/07

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Benjamin White, Project Manager, National Pollution 
Funds Center, Department of Homeland Security, U.S. Coast Guard, 4200 
Wilson Boulevard, Arlington, VA 22203-1804
Phone: 202 493-6863

RIN: 1625-AA98
_______________________________________________________________________




1131. VESSEL REQUIREMENTS FOR NOTICES OF ARRIVAL AND DEPARTURE, AND 
AUTOMATIC IDENTIFICATION SYSTEM (USCG-2005-21869)

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

Legal Authority: 33 USC 1223; 33 USC 1225; 33 USC 1231; 46 USC 3716; 46 
USC 8502 and ch 701; sec 102 of PL 107-295

CFR Citation: 33 CFR 160 to 161; 33 CFR 164 to 165

Legal Deadline: None

Abstract: This rulemaking would expand the applicability for Notice of 
Arrival and Departure (NOAD) and Automatic Identification System (AIS) 
requirements. These expanded requirements would better enable the Coast 
Guard to correlate vessel AIS data with NOAD data, enhance our ability 
to identify and track vessels, detect anomalies, improve navigation 
safety, and heighten our overall maritime domain awareness.
The NOAD portion of this rulemaking would expand the applicability of 
the NOAD regulations by changing the minimum size of vessels covered 
below the current 300 gross tons, require that a notice of departure be 
submitted for all vessels required to submit a notice of arrival, and 
mandate electronic submission of NOAD notices to the National Vessel 
Movement Center. The AIS portion of this rulemaking will expand current 
AIS carriage requirements for the population identified in the Marine 
Transportation Security Act of 2002.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/07

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

[[Page 22621]]

Additional Information: With regard to the legal deadline, we have 
indicated in past notices and rulemaking documents, and it remains the 
case, that we have worked to coordinate implementation of AIS MTSA 
requirements with the development of our ability to take advantage of 
AIS data (68 FR 39355-56 and 39370, July 1, 2003).

Agency Contact: LTJG Julie Miller, Project Manager, Office of Vessel 
Activities, Foreign and Offshore Vessel Activities Div. CG-3PCV-2, 
Department of Homeland Security, U.S. Coast Guard, 2100 Second Street 
SW., Washington, DC 20593
Phone: 202 372-1244

Jorge Arroyo, Project Manager, Office of Navigation Systems CG-3PWN, 
Department of Homeland Security, U.S. Coast Guard, 2100 Second Street 
SW., Washington, DC 20593-0001
Phone: 202 372-1563

RIN: 1625-AA99
_______________________________________________________________________




1132. LONG RANGE IDENTIFICATION AND TRACKING OF SHIPS

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

Legal Authority: sec 102 of PL 107-295; 46 USC 70115

CFR Citation: 33 CFR 169

Legal Deadline: Other, Statutory, April 1, 2007, Pub. L. 109-347 and 46 
USC 70115.
Section 107 of the Security and Accountability for Every Port Act of 
2006 directs that a long-range automated vessel tracking system 
consistent with international agreements to which the United States is 
a party be developed and implemented by April 1, 2007.

Abstract: This rulemaking would require, consistent with international 
law, certain vessels to report identifying and position data 
electronically. The requirements would better enable the Coast Guard to 
correlate Long Range Identification and Tracking (LRIT) data with data 
from other sources, detect anomalies, and heighten our overall Maritime 
Domain Awareness (MDA). This rulemaking will implement an International 
Maritime Organization amendment to chapter V of the International 
Convention for the Safety of Life at Sea (SOLAS). This project is 
consistent with the Coast Guard's strategic goal of maritime security, 
maritime safety, and the Department's strategic goals of awareness, 
prevention, protection, and response.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/07

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected:  Businesses

Government Levels Affected: None

Agency Contact: Mr. William Cairns, Project Manager, CG-3PWN, 
Department of Homeland Security, U.S. Coast Guard, 2100 Second Street 
SW., Washington, DC 20593
Phone: 202 372-1557

RIN: 1625-AB00
_______________________________________________________________________




1133. VAPOR CONTROL SYSTEMS

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

Legal Authority: 33 USC 1225, 1231, 1321; EO 12234 (45 FR 58801) 3 CFR, 
1980 Comp p 277; 46 USC 3306, 3703, 3715, 6101; EO 12777 (56 FR 54757) 
3 CFR, 1991 Comp p 351; 49 CFR 1.46; 33 USC 1903; PL 101-380; 
Department of Homeland Security Delegation No. 0170.1; EO 11735, 3 CFR, 
1971 to 1975 Comp p 793; 49 USC 5103, 5106

CFR Citation: 33 CFR 154 to 156; 46 CFR 35; 46 CFR 39

Legal Deadline: None

Abstract: This project will revise the facility marine vapor control 
systems (VCS) safety regulations and the vessel VCS safety regulations. 
These existing regulations require revision to reflect new Federal and 
State air emissions control requirements, VCS technology developments, 
and to evaluate and minimize any significant economic impacts of the 
rules upon small entities. The revisions will also incorporate Coast 
Guard policies and guidelines developed to support the existing 
regulations and a Navigation and Vessel Inspection Circular which 
provides safety guidelines for the design and operation of a marine VCS 
at tank barge cleaning facilities. This project supports the Coast 
Guard Marine Safety and Environmental Protection Program's goal to 
reduce crewmember deaths and injuries on U.S. commercial vessels, seeks 
to reduce the amount of oil and chemicals discharged into the Nation's 
waterways, and promotes the Coast Guard's strategic goal of marine 
safety.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/00/08

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Sara Ju, Project Manager, CG-3PSO-3, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW, Washington, 
DC 20593
Phone: 202 372-1425

Related RIN: Related to 1625-AA41, Related to 1625-AA81, Related to 
1625-AA85
RIN: 1625-AB01
_______________________________________________________________________




1134. CARBON DIOXIDE FIRE SUPPRESSION SYSTEMS ON COMMERCIAL VESSELS

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

Legal Authority: 33 USC 1903(b); 43 USC 1333; 46 USC 2103; 46 USC 3306; 
46 USC 3703; 46 USC 4102; 46 USC 4302; 46 USC 4502; 46 USC 6101; EO 
12234; 45 FR 58801; 3 CFR, 1980 Comp, p 277; Department of Homeland 
Security Delegation No 0170.1

CFR Citation: 46 CFR 25; 46 CFR 27; 46 CFR 34; 46 CFR 76; 46 CFR 95; 46 
CFR 108; 46 CFR 118; 46 CFR 132; 46 CFR 167; 46 CFR 181; 46 CFR 193; 46 
CFR 194

Legal Deadline: None

Abstract: The Coast Guard proposes to amend the current regulations for 
carbon dioxide fire suppression systems on commercial vessels. The 
proposal would amend existing regulations to clarify that approved 
alternatives to carbon dioxide systems may be used, add new regulations 
to set general parameters for those approved alternatives, and add a 
new requirement for lockout valves in manned spaces using carbon 
dioxide systems.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/07

[[Page 22622]]

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Mr. Klaus Wahle, Project Manager, CG-3PSE-4, Department 
of Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593
Phone: 202 372-1389

RIN: 1625-AB04
_______________________________________________________________________




1135. LANDOWNER DEFENSES TO LIABILITY UNDER THE OIL POLLUTION ACT OF 
1990: STANDARDS AND PRACTICES FOR CONDUCTING ALL APPROPRIATE INQUIRIES

Priority: Substantive, Nonsignificant

Legal Authority: 33 USC 2703

CFR Citation: 33 CFR 137

Legal Deadline: NPRM, Statutory, August 2006.

Abstract: This regulation would establish the standards and practices 
for conducting all appropriate inquiries to qualify for liability 
protection under OPA 90. The Coast Guard proposes to establish 
standards and practices concerning the ``all appropriate inquiries'' 
element of a defense to liability of an owner or operator of a facility 
that is the source of a discharge or substantial threat of discharge of 
oil into the navigable waters or adjoining shorelines or the exclusive 
economic zone. To be entitled to the defense, those persons must show, 
among other elements not addressed in this rulemaking, that, before 
acquiring the property, they had made all appropriate inquiries into 
the previous ownership and uses of the property to determine the 
presence or likely presence of oil. This rulemaking would support the 
Coast Guard Strategic Goals of Maritime Mobility and Protection of 
Natural Resources.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/07
NPRM Comment Period End         09/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Benjamin White, Project Manager, National Pollution 
Funds Center, Department of Homeland Security, U.S. Coast Guard, 4200 
Wilson Boulevard, Arlington, VA 22203-1804
Phone: 202 493-6863

RIN: 1625-AB09
_______________________________________________________________________




1136. [bull] TRAINING AND SERVICE REQUIREMENTS FOR MERCHANT MARINE 
OFFICERS

Priority: Substantive, Nonsignificant

Legal Authority: 14 USC 633; 31 USC 9701; 46 USC 2101, 46 USC 2103, 46 
USC 2110, 46 USC 3306, 46 USC 3703, 46 USC 7502, 46 USC 7505, 46 USC 
7701, 46 USC 8101, 46 USC 8102, 46 USC 8104, 46 USC 8105, 46 USC 8301, 
46 USC 8304; 44 USC 3507; 46 USC 8502, 46 USC 8503 46 USC 8701, 46 USC 
8702, 46 USC 8901, to 8904, 46 USC 8905(b), 46 USC 8906, ; 46 USC 9102 
46 USC 46 USC 9102 ch71, 44 USC 3507; DHS Delegation 0170.1

CFR Citation: 46 CFR 10.465; 46 CFR 10.480; 46 CFR 10, subpart C; 46 
CFR 15.815

Legal Deadline: None

Abstract: This project would make the following changes to merchant 
mariner training and service requirements:
1. Radar Endorsement: Remove the requirement for placing the date of 
the radar-observer endorsement on a merchant mariner's license. This 
change would eliminate the confusion arising from having two 
conflicting expiration dates on the face of the license.
2. Training Programs: Allow an apprentice mate of towing vessels to 
reduce sea-service time required to qualify for mate (pilot) of towing 
vessels by successfully completing a Coast Guard-approved training 
program.
3. Alternate Progression: Provide an alternate path to qualify as mate 
(pilot) of towing vessels for master of steam and motor vessels of not 
more than 200 gross register tons (GRT).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/07

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Mr. Luke Harden, Project Manager, CG-3PSO-1, Department 
of Homeland Security, U.S. Coast Guard, 2100 Second Street SW., Room 
1201C, Washington, DC 20593-0001
Phone: 202 372-1408
Email: [email protected]

RIN: 1625-AB10
_______________________________________________________________________




1137. [bull] TANK LEVEL OR PRESSURE MONITORING DEVICES: REMOVAL OF 
REGULATIONS

Priority: Substantive, Nonsignificant

Legal Authority: 33 USC 1231, 1321(j); 46 USC 3703a, 3715; 3 CFR 1971 
to 1975 Comp., p. 793; 46 USC 3703 note

CFR Citation: 33 CFR 155; 33 CFR 156

Legal Deadline: None

Abstract: This rulemaking would remove the requirements found in title 
33 Code of Federal Regulations (CFR) parts 155 and 156 for tank level 
or pressure monitoring (TLPM) devices as published in the Federal 
Register of September 17, 2002, (67 FR 58515). Authority to remove 
these regulations comes from section 702 of Public Law 108-293.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/07
NPRM Comment Period End         07/00/07
Final Action                    12/00/07
Final Action Effective          01/00/08

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Ms. Dolores Mercier, Project Manager, Office of Design 
and Engineering Standards, Systems Engineering Division CG-3PSE-3, 
Department of Homeland Security, U.S. Coast Guard, 2100 Second Street 
SW., Washington, DC 20593
Phone: 202 372-1381

RIN: 1625-AB12
_______________________________________________________________________




1138. [bull] REVISION OF LNG FACILITY APPLICATION REQUIREMENTS

Priority: Substantive, Nonsignificant

Legal Authority: 33 USC 1225 to 1226, 33 USC 1231; 46 USC 70102 to 
70103; 50 USC 191; Department of Homeland Security Delegation No. 
0170.1

[[Page 22623]]

CFR Citation: 33 CFR 127.007

Legal Deadline: None

Abstract: This project would revise the requirements in 33 CFR part 127 
for a waterfront facility that handles liquefied natural gas (LNG). It 
would harmonize Coast Guard regulations with those already established 
by the Federal Energy Regulatory Commission (FERC), as well as the 
established industry practice of the implementation of NVIC 05-05.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: CDR John Cushing, Project Manager, CG-3PSO-2, 
Department of Homeland Security, U.S. Coast Guard, 2100 Second Street 
SW., Washington, DC 20593
Phone: 202 372-1410
Email: [email protected]

RIN: 1625-AB13
_______________________________________________________________________


Department of Homeland Security (DHS)                  Final Rule Stage


U.S. Coast Guard (USCG)



_______________________________________________________________________




1139. 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                      08/00/07

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, Office of Design and 
Engineering Standards, Naval Architecture Division CG-3PSE-2, 
Department of Homeland Security, U.S. Coast Guard, 2100 Second Street 
SW., Washington, DC 20593-0001
Phone: 202 372-1370

RIN: 1625-AA17
_______________________________________________________________________




1140. OUTER CONTINENTAL SHELF ACTIVITIES (USCG-1998-3868)

Priority: Other Significant

Legal Authority: 43 USC 1333(d)(1); 43 USC 1348(c); 43 USC 1356; PL 
109-347, sec. 109

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; 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 fixed OCS 
facilities; and 4) add a Congressionally mandated component on notices 
of arrivals of foreign vessels on the OCS. 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. 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
Interim Final Rule              11/00/07
Interim Final Rule Comment 
Period End                      02/00/08
Final Rule                      12/00/08

[[Page 22624]]

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, CG-3PSO-2, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 372-1414

RIN: 1625-AA18
_______________________________________________________________________




1141. 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 to 155

Legal Deadline: None

Abstract: This rulemaking will make changes to certain requirements for 
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                      11/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: Transferred from RIN 2115-AG05

URL For More Information:
dms.dot.gov

URL For Public Comments:
dms.dot.gov

Agency Contact: LCDR Rob Smith, Project Manager, CG-3PCV-1, Department 
of Homeland Security, U.S. Coast Guard, 2100 Second Street SW, Room 
2100, Washington, DC 20593-0001
Phone: 202 372-1226

RIN: 1625-AA26
_______________________________________________________________________




1142. 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 maritime safety and protection of natural 
resources.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/27/02                    67 FR 54981
NPRM Comment Period End         10/28/02
Final Rule                      07/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: Tribal

Additional Information: 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, CG-3PWN, Department 
of Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 372-1566

RIN: 1625-AA48
_______________________________________________________________________




1143. PROTECTION FOR WHISTLE BLOWERS IN THE COAST GUARD (USCG-2002-
13016)

Priority: Other Significant

Legal Authority: 10 USC 1034

CFR Citation: 33 CFR 53

Legal Deadline: None

Abstract: This rulemaking would amend 33 CFR part 53 by extending 
coverage to uniformed members of the Coast Guard who make ``protected'' 
communications either to an organization within the Department the 
Coast Guard is operating in, when the communication relates to an 
audit, inspection, or law enforcement, or to any other person or 
organization (including any person or organization in the chain of 
command) designated to receive such communications. The rulemaking 
would also expand protected communications to include complaints of: 
(a) Violations of statute or regulation prohibiting sexual harassment; 
(b) unlawful discrimination; and (c)gross mismanagement. This project 
supports the Coast Guard's strategic goals of maritime safety, maritime 
security, protection of natural resources, maritime mobility, and 
national defense.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule                      03/00/08

[[Page 22625]]

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: Transferred from RIN 2115-AG49

Agency Contact: LT Bryan Pape, Project Manager, CG-0944, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593
Phone: 202 372-3757

RIN: 1625-AA50
_______________________________________________________________________




1144. 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 53 to 54; 46 CFR 
56; 46 CFR 58 to 59; 46 CFR 61 to 63; 46 CFR 76; 46 CFR 92; 46 CFR 110 
to 111; 46 CFR 113; 46 CFR 162; 46 CFR 170; 46 CFR 175; 46 CFR 182 to 
183

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                      08/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: LCDR Dave McClellan, Project Manager, CG-3PSE-3, 
Department of Homeland Security, U.S. Coast Guard, 2100 Second Street 
SW., Washington, DC 20593
Phone: 202 372-1377
Email: [email protected]

RIN: 1625-AA83
_______________________________________________________________________




1145. 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                            11/03/05                    70 FR 67066
NPRM Comment Period End         02/01/06
Interim Rule                    07/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: State

Agency Contact: LT William Nabach, Project Manager, Office of Design & 
Engineering Standards, CG-3PSE-3, Department of Homeland Security, U.S. 
Coast Guard, 2100 Second Street SW., Washington, DC 20593
Phone: 202 372-1367
Email: [email protected]

RIN: 1625-AA90
_______________________________________________________________________




1146. 2006 RATES FOR PILOTAGE ON THE GREAT LAKES

Priority: Substantive, Nonsignificant

Legal Authority: 46 USC 9303(f); Department of Homeland Security 
Delegation No 0170.1(92)

CFR Citation: 46 CFR 401

Legal Deadline: None

Abstract: The Coast Guard is proposing to update the rates for pilotage 
on the Great Lakes. Based on our review we propose to adjust the 
pilotage rates for the 2006 shipping season to generate sufficient 
revenue to cover allowable expenses, target pilot compensation, and 
returns on investment.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/13/06                    71 FR 39629
NPRM Comment Period End         08/14/06
Interim Final Rule              02/23/07                     72 FR 8115
Interim Final Rule Effective    03/26/07
Interim Final Rule Comment 
Period End                      04/24/07
Final Rule                      08/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Paul Wasserman, Project Manager, G-PWM-2, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593
Phone: 202 372-1535
Email: [email protected]

RIN: 1625-AB05
_______________________________________________________________________




1147. COAST GUARD SECTOR, MARINE INSPECTION ZONE, AND CAPTAIN OF THE 
PORT STRUCTURE; TECHNICAL AMENDMENT

Priority: Info./Admin./Other

Legal Authority: 14 USC 633; PL 107-296, 116 Stat 2135; Department of 
Homeland Security Delegation No 0170.1

[[Page 22626]]

CFR Citation: 33 CFR 3

Legal Deadline: None

Abstract: This rule makes non-substantive changes in title 33, part 3, 
of the Code of Federal Regulations. It amends informational regulations 
that describe the internal organization of the Coast Guard, by 
conforming those regulations to the Coast Guard's recent sector 
realignment, and restates the boundaries of Coast Guard Marine 
Inspection Zones and Captain of the Port Areas. This rule will have no 
substantive effect on the regulated public.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule                      06/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: LCDR Todd Styrwold, Project Manager, CG-513, Department 
of Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593
Phone: 202 372-2678

RIN: 1625-AB07
_______________________________________________________________________


Department of Homeland Security (DHS)                 Long-Term Actions


U.S. Coast Guard (USCG)



_______________________________________________________________________




1148. SAFETY ZONE REGULATIONS

Priority: Routine and Frequent

Legal Authority: 33 USC 1226; 33 USC 1231; 33 USC 1333; 50 USC 191; 50 
USC 195; 14 USC 85

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. Safety zones under the Outer Continental Shelf Lands 
Act are also included in these routine and frequent regulations. The 
total actions expected is 300 annually.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Actions Will Continue Through   12/00/08

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, CG-3PWN, Department 
of Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 372-1566

RIN: 1625-AA00
_______________________________________________________________________




1149. 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 is 18 
annually.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Actions Will Continue Through   12/00/08

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, CG-3PWN, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593
Phone: 202 372-1564

RIN: 1625-AA01
_______________________________________________________________________




1150. 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

[[Page 22627]]

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
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, CG-3PSR-2, Department 
of Homeland Security, U.S. Coast Guard, 2100 Second Street SW., Room 
1400, Washington, DC 20593-0001
Phone: 202 372-1497

RIN: 1625-AA02
_______________________________________________________________________




1151. CLAIMS PROCEDURES UNDER THE OIL POLLUTION ACT OF 1990 (USCG-2004-
17697)

Priority: Other Significant

Legal Authority: 33 USC 2713 to 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                            05/00/08

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: Benjamin White, Project Manager, National Pollution 
Funds Center, Department of Homeland Security, U.S. Coast Guard, 4200 
Wilson Boulevard, Arlington, VA 22203-1804
Phone: 202 493-6863

RIN: 1625-AA03
_______________________________________________________________________




1152. 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 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              04/00/08

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, 
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: Benjamin White, Project Manager, National Pollution 
Funds Center, Department of Homeland Security, U.S. Coast Guard, 4200 
Wilson Boulevard, Arlington, VA 22203-1804
Phone: 202 493-6863

RIN: 1625-AA06
_______________________________________________________________________




1153. 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 8 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

[[Page 22628]]

Guard's strategic goals of maritime safety and maritime mobility of 
commercial and recreational vessel traffic. The total actions expected 
is about 70 annually.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Action Will Continue Through    12/00/08

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: Jeff Ludwig, Project Manager, CG-3PCB, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593
Phone: 202 372-1061

RIN: 1625-AA08
_______________________________________________________________________




1154. 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 is 150 annually.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Actions Will Continue Through   12/00/08

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: Ms. Alesia Steinberger, Project Manager, CG-3PWB-1, 
Department of Homeland Security, U.S. Coast Guard, 2100 Second Street 
SW., Washington, DC 20593-0001
Phone: 202 372-1515

RIN: 1625-AA09
_______________________________________________________________________




1155. 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 Prevention 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
ANPRM 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: This rulemaking is a companion to RIN 1625-
AA05, which concerns Prince William Sound and Puget Sound.
Transferred from RIN 2115-AE56

Agency Contact: LCDR Vivianne Louie, Project Manager, CG-3-PSE-1, 
Department of Homeland Security, U.S. Coast Guard, 2100 Second Street 
SW, Room 1304, Washington, DC 20593
Phone: 202 372-1358
Email: [email protected]

Related RIN: Related to 2115-AE10
RIN: 1625-AA10
_______________________________________________________________________




1156. REGULATED NAVIGATION AREAS

Priority: Routine and Frequent

Legal Authority: 33 USC 1231; 33 USC 1226; 46 USC 701; 50 USC 191; 50 
USC 195

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 is 11 annually.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Actions Will Continue Through   12/00/08

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.

[[Page 22629]]

Transferred from RIN 2115-AE84

Agency Contact: Ed LaRue, Project Manager, CG-3PWN, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593
Phone: 202 372-1564

RIN: 1625-AA11
_______________________________________________________________________




1157. 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: LCDR Rob Smith, Project Manager, CG-3PCV-1, Department 
of Homeland Security, U.S. Coast Guard, 2100 Second Street SW, Room 
2100, Washington, DC 20593-0001
Phone: 202 372-1226

Related RIN: Related to 1625-AA13
RIN: 1625-AA12
_______________________________________________________________________




1158. 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
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: LCDR Rob Smith, Project Manager, CG-3PCV-1, Department 
of Homeland Security, U.S. Coast Guard, 2100 Second Street SW, Room 
2100, Washington, DC 20593-0001
Phone: 202 372-1226

Related RIN: Related to 1625-AA12
RIN: 1625-AA13
_______________________________________________________________________




1159. 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 of more than 100 gross 
tons

[[Page 22630]]

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


Next Action Undetermined

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, National Vessel 
Documentation Center, Department of Homeland Security, U.S. Coast 
Guard, 792 T.J. Jackson Drive, Falling Waters, WV 25419
Phone: 304 271-2506

RIN: 1625-AA14
_______________________________________________________________________




1160. SALVAGE AND MARINE FIREFIGHTING REQUIREMENTS; VESSEL RESPONSE 
PLANS FOR OIL (USCG-1998-3417)

Priority: Economically Significant. Major under 5 USC 801.

Unfunded Mandates: This action may affect the private sector under PL 
104-4.

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
Notice of Availability & Request 
for Comment                     01/03/06                      71 FR 125
Final Rule - Partial Suspension 02/09/07                     72 FR 6168


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: LCDR Reed Kohberger, Project Manager, CG-3PSR, 
Department of Homeland Security, U.S. Coast Guard, 2100 Second Street 
SW., Washington, DC 20593-0001
Phone: 202 372-1471

RIN: 1625-AA19
_______________________________________________________________________




1161. 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

[[Page 22631]]

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.

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
NPRM                            06/00/08

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: LCDR Kenneth Bryan, Project Manager, CG-3PSO-2, 
Department of Homeland Security, U.S. Coast Guard, 2100 Second Street 
SW, Washington, DC 20593
Phone: 202 372-1439

RIN: 1625-AA21
_______________________________________________________________________




1162. 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 Prevention 
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: LCDR Vivianne Louie, Project Manager, CG-3-PSE-1, 
Department of Homeland Security, U.S. Coast Guard, 2100 Second Street 
SW, Room 1304, Washington, DC 20593
Phone: 202 372-1358
Email: [email protected]

RIN: 1625-AA22
_______________________________________________________________________




1163. 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: Transferred from RIN 2115-AF97

URL For More Information:
dms.dot.gov

URL For Public Comments:
dms.dot.gov

Agency Contact: Mr. David H. Dolloff, Project Manager, CG-3PSO-2, 
Department of Homeland Security, U.S. Coast Guard, 2100 Second Street 
SW., Washington, DC 20593
Phone: 202 372-1415

RIN: 1625-AA25
_______________________________________________________________________




1164. 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 management 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 
from Congress and 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                            09/00/08

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected:  Businesses

Government Levels Affected: None

Additional Information: Transferred from RIN 2115-AG21

[[Page 22632]]

URL For More Information:
dms.dot.gov

URL For Public Comments:
dms.dot.gov

Agency Contact: Bivan R. Patnaik, Project Manager, CG-3PSO-4, 
Department of Homeland Security, U.S. Coast Guard, 2100 Second Street 
SW., Washington, DC 20593-0001
Phone: 202 372-1435
Email: [email protected]

RIN: 1625-AA32
_______________________________________________________________________




1165. WEARING OF PERSONAL FLOTATION DEVICES BY PERSONS OPERATING OR 
RIDING ON PERSONAL WATERCRAFT, WATER SKIING, OR ENGAGING IN OTHER FORMS 
OF TOWING PERSONS 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 enable the Coast Guard to enforce existing 
State statutes or regulations that require persons operating or riding 
on a personal watercraft, water skiing, or engaging in other forms of 
towing persons behind recreational vessels to wear a personal flotation 
device. The rule would also establish regulations within States that do 
not have such requirements. This rule would allow the Coast Guard to 
enhance compliance with existing States' requirements and may decrease 
drownings.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

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: Jeff Ludwig, Project Manager, CG-3PCB, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593
Phone: 202 372-1061

RIN: 1625-AA40
_______________________________________________________________________




1166. 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                      To Be                       Determined

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: LT Keith J. Pierre, Project Manager, CG-3PWN, 
Department of Homeland Security, U.S. Coast Guard, 2100 Second Street 
SW., Room 1407, Washington, DC 20593
Phone: 202 372-1554

RIN: 1625-AA58
_______________________________________________________________________




1167. 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: 46 CFR 12

Legal Deadline: None

Abstract: This rulemaking describes enhancements to the application 
procedures for the ``Merchant Mariners' Documents'' required for ocean-
going and Great Lakes vessels of over 100 gross tons. This includes 
showing up physically at a Regional Exam Center at least once during 
each application and furnishing proof of identity, fingerprinting, and 
a background check. This appearance requirement is intended to be an 
interim measure until the appearance requirement in the Transportation 
Worker Identification Credential rulemaking is fully implemented.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Meeting               02/20/03                     68 FR 8326
Notice of Policy                04/08/03                    68 FR 17064
Interim Final Rule              01/06/04                      69 FR 526
Correction to Interim Rule      02/11/04                     69 FR 6575
Interim Final Rule Comment 
Period End                      04/05/04
Final Rule                       To Be                       Determined

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

[[Page 22633]]

Agency Contact: Mr. Gerald P. Miante, Project Manager, CG-3PSO-1, 
Department of Homeland Security, U.S. Coast Guard, 2100 Second Street 
SW., Washington, DC 20593-0001
Phone: 202 372-1407

Related RIN: Related to 1625-AA85, Related to 1625-AA41, Related to 
1625-AB02
RIN: 1625-AA81
_______________________________________________________________________




1168. VALIDATION OF MERCHANT MARINERS' VITAL INFORMATION AND ISSUANCE OF 
COAST GUARD MERCHANT MARINER'S LICENSES AND CERTIFICATES OF REGISTRY 
(USCG-2004-17455)

Priority: Other Significant

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. This appearance 
requirement is intended to be an interim measure until the appearance 
requirement in the Transportation Worker Identification Credential 
rulemaking is fully implemented.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              01/13/06                     71 FR 2154
Interim Final Rule Effective    01/13/06
Interim Final Rule Comment 
Period End                      04/13/06
Final Rule                       To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Mr. Gerald P. Miante, Project Manager, CG-3PSO-1, 
Department of Homeland Security, U.S. Coast Guard, 2100 Second Street 
SW., Washington, DC 20593-0001
Phone: 202 372-1407

Related RIN: Related to 1625-AA81, Related to 1625-AB02
RIN: 1625-AA85
_______________________________________________________________________




1169. 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 is 200 annually.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Actions Will Continue Through   12/00/08

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 Tina Burke, Project Manager, CG-3PCP, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 372-1105

RIN: 1625-AA87
_______________________________________________________________________




1170. DRY CARGO RESIDUE DISCHARGES IN THE GREAT LAKES (USCG-2004-19621)

Priority: Substantive, Nonsignificant

Legal Authority: 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; this assessment is 
in progress.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Additional Information: 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, Project Manager, CG-3PSO-4, 
Department of Homeland Security, U.S. Coast Guard, 2100 Second Street 
SW., Washington, DC 20593
Phone: 202 372-1429
Email: [email protected]

RIN: 1625-AA89
_______________________________________________________________________




1171. 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 reflect the implementation of 
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.

[[Page 22634]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: LT Christian Munoz, Project Manager, Office of 
Navigation Systems, Visual Navigation Division CG-3PWN-1, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593
Phone: 202 372-1548

RIN: 1625-AA97
_______________________________________________________________________




1172. CONSOLIDATION OF MERCHANT MARINER QUALIFICATION CREDENTIALS (USCG-
2006-24371)

Priority: Substantive, Nonsignificant

Legal Authority: 14 USC 633; 31 USC 9701; 46 USC 2101; 46 USC 2103; 46 
USC 2110; 46 USC ch 71; 46 USC 7502; 46 USC 7505; 46 USC 7701; 46 USC 
8906; EO 10173

CFR Citation: 33 CFR 1; 33 CFR 14; 33 CFR 20; 33 CFR 70; 33 CFR 95; 33 
CFR 101; 33 CFR 110; 33 CFR 125; 46 CFR 1; 46 CFR 4; 46 CFR 5; 46 CFR 
10 to 15

Legal Deadline: None

Abstract: The Coast Guard proposes to streamline the existing merchant 
mariner qualification credentialing process to minimize redundant 
requirements and simplify the credentialing program. This proposed rule 
works in tandem with the joint Final Rule published by the Coast Guard 
and the Transportation Security Administration entitled 
``Transportation Worker Identification Credential (TWIC) Implementation 
in the Maritime Sector; Hazardous Materials Endorsement for a 
Commercial Driver's License,'' RIN 1652-AA41. It proposes to combine 
the individual Merchant Mariner Document, License, Certificate of 
Registry, and STCW endorsement into a single certificate termed the 
Merchant Mariner Credential (MMC) which will be endorsed to reflect a 
mariner's level of qualification. The Coast Guard also proposes to 
streamline the application process for the MMC by removing the 
requirement that all mariners appear at least once at one of 17 
Regional Exam Centers. Instead, the information previously submitted by 
the applicant at the REC would be obtained in the TWIC enrollment 
process and shared with the Coast Guard by the Transportation Security 
Administration.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/22/06                    71 FR 29462
NPRM Comment Period End         07/06/06
Supplemental NPRM               01/25/07                     72 FR 3605
Final Rule                       To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: This rulemaking is directly related to the 
Transportation Security Administration rulemaking entitled 
``Transportation Worker Identification Credential (TWIC) Implementation 
in the Maritime Sector; Hazardous Materials Endorsement for a 
Commercial Driver's License'' 1652-AA41.

Agency Contact: William Chubb, Project Manager, National Maritime 
Center, Department of Homeland Security, U.S. Coast Guard, 4200 Wilson 
Boulevard, Suite 630, Arlington, VA 22203-1804
Phone: 202 493-1023
Email: [email protected]

Related RIN: Related to 1652-AA41
RIN: 1625-AB02
_______________________________________________________________________




1173. INSPECTION OF TOWING VESSELS (USCG-2006-24412)

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

Legal Authority: 46 USC 3301, 3305, 3306, and 3103; 46 USC 3703 [DHS 
Delegation No 0170.1]

CFR Citation: 33 CFR 156, 157, 163 and 164; 46 CFR 135 to 146

Legal Deadline: None

Abstract: This rulemaking would add Coast Guard regulations to 
implement a program of inspection for towing vessels. It would 
prescribe standards for design, construction, subdivision and 
stability, alteration and repair of superstructures, hulls, fittings, 
equipment, appliances, propulsion machinery, auxiliary, machinery, 
boilers, unfired pressure vessels, piping, electrical installations, 
accommodations, lifesaving equipment and its use, firefighting 
equipment and its use, precautionary measures to guard against fire, 
inspections and tests related to the above list, and use of vessel 
stores and other supplies of a dangerous nature.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/00/09

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: State

Agency Contact: Dave Dolloff, Project Manager, CG-3PSO-2, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 372-1415

RIN: 1625-AB06
_______________________________________________________________________


Department of Homeland Security (DHS)                 Completed Actions


U.S. Coast Guard (USCG)



_______________________________________________________________________




1174. 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 closures of up to 180 days, and eliminate any unnecessary 
distinction between commercial and recreational vessels in

[[Page 22635]]

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
SNPRM                           05/17/06                    71 FR 28629
SNPRM Comment Period End        07/17/06
Final Rule                      12/04/06                    71 FR 70305

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, CG-3PWB-1, 
Department of Homeland Security, U.S. Coast Guard, 2100 Second Street 
SW., Washington, DC 20593-0001
Phone: 202 372-1512

RIN: 1625-AA36
_______________________________________________________________________




1175. CONSOLIDATION OF CRUISE SHIP REGULATIONS

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

Legal Authority: 33 USC 1226, 1231; 46 USC ch 701; 50 USC 191 and 192; 
EO 12656; 3 CFR 1988 Comp, p 585; 33 CFR 1.05-1, 6.04-11, 6.14, 6.16; 
DHS Delegation No 0170.1

CFR Citation: 33 CFR 101, 104, 105, 120, 128

Legal Deadline: None

Abstract: The Coast Guard has withdrawn this rulemaking project in 
order to review the scope of the project. The Coast Guard may 
reinitiate the rulemaking in the future.
This proposed rule would consolidate the maritime security regulations 
currently found in 33 CFR parts 120 and 128 for cruise ships and the 
terminals that serve them and move them into parts 101, 104, and 105 
dealing with maritime security. This rule would also establish 
standards for passenger and baggage screening, screening equipment, and 
qualifications and training for screeners at U.S. terminals. Lastly, 
this rule would address a list of dangerous substances and devices for 
cruise ship screening. This project would support the Coast Guard's 
strategic goals of maritime safety, maritime security, and maritime 
mobility.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       02/28/07

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: LTJG Carrie Shaffer, Project Manager, CG-3PCP-2, 
Department of Homeland Security, U.S. Coast Guard, 2100 Second Street 
SW., Washington, DC 20593
Phone: 202 372-1138

RIN: 1625-AB08
_______________________________________________________________________




1176. [bull] SAFETY ZONES; U.S. COAST GUARD WATER TRAINING AREAS, GREAT 
LAKES

Priority: Other Significant

Legal Authority: 33 USC 1226, 1231; 46 USC ch 701; 50 USC 191, 195; 33 
CFR 1.05-1(g), 6.04-1, 6.04-6, 160.5; PL 107-295, 116 stat. 2064; 
Department of Homeland Security Delegation No. 0170.1

CFR Citation: 33 CFR 165.928

Legal Deadline: None

Abstract: The Coast Guard proposes to establish safety zones at 
selected locations in the Great Lakes to restrict vessels from portions 
of the lakes during live fire gun exercises that will be conducted by 
Coast Guard cutters and small boats. These safety zones are necessary 
to conduct training essential to carrying out Coast Guard missions 
relating to military operations and national security and to protect 
the public from the hazards associated with the firing of weapons. We 
have to realistically train in the environment in which we operate.
Based on comments on the NPRM and feedback at nine public meetings, the 
Coast Guard has decided to withdraw this rulemaking. A new proposal may 
be submitted after reviewing options suggested by the comments and 
outreach efforts with major stakeholders.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/01/06                    71 FR 43402
NPRM Comment Period Reopened    09/12/06                    71 FR 53629
NPRM Comment Period End         11/13/06
Withdrawn                       01/05/07                      72 FR 520

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

URL For Public Comments:
dms.dot.gov

Agency Contact: CDR Gustav Wulfkuhle, Chief, Enforcement Branch, 9th 
Coast Guard District, Department of Homeland Security, U.S. Coast 
Guard, Celebrezze Federal Building, 1240 East 9th Street, Cleveland, OH 
44199
Phone: 216 902-6091

RIN: 1625-AB11

[[Page 22636]]

_______________________________________________________________________


Department of Homeland Security (DHS)               Proposed Rule Stage


U.S. Customs and Border Protection (USCBP)



_______________________________________________________________________




1177. 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 
to 1624; 19 USC 1644 to 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                            08/00/07

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Additional Information: Transferred from RIN 1515-AD10

Agency Contact: Barbara Connolly, Program Officer, Department of 
Homeland Security, U.S. Customs and Border Protection, Office of Field 
Operations, 1300 Pennsylvania Avenue NW., Washington, DC 20229
Phone: 202 344-1694

Glen E. Vereb, Chief, Entry Procedures and Carriers Branch, Department 
of Homeland Security, U.S. Customs and Border Protection, 1300 
Pennsylvania Avenue NW., Washington, DC 20229
Phone: 202 572-8730

RIN: 1651-AA41
_______________________________________________________________________




1178. 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 to 1593a; 19 USC 
1624

CFR Citation: 19 CFR 162

Legal Deadline: None

Abstract: Amendment to part 162 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                            06/00/07

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, U.S. Customs and Border Protection, 
Office of Regulations and Rulings, 1300 Pennsylvania Avenue NW., 
Washington, DC 20229
Phone: 202 572-8742

RIN: 1651-AA42
_______________________________________________________________________




1179. 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 to 
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 to 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 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                            07/00/07

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, U.S. Customs and Border Protection, 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, U.S. Customs and Border Protection, 1300 
Pennsylvania Avenue NW., Washington, DC 20229
Phone: 202 572-8753

RIN: 1651-AA45
_______________________________________________________________________




1180. 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;

[[Page 22637]]

CFR Citation: 8 CFR 274 ; 19 CFR 162

Legal Deadline: None

Abstract: Amendment of the former Immigration and Naturalization 
Service 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                            07/00/07

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Jeremy Baskin, Attorney-Advisor, Penalties Branch, 
Department of Homeland Security, U.S. Customs and Border Protection, 
1300 Pennsylvania Avenue NW., Washington, DC 20229
Phone: 202 572-8753

RIN: 1651-AA58
_______________________________________________________________________




1181. 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

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                            06/00/07

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Mark Hanson, Auditor, Regulatory Audit Division, 
Department of Homeland Security, U.S. Customs and Border Protection, 
Office of International Trade, Customs and Border Protection, 1300 
Pennsylvania Avenue NW., Washington, DC 22029
Phone: 202 863-6035

RIN: 1651-AA64
_______________________________________________________________________




1182. CONSOLIDATION OF COLLECTIONS FOR REIMBURSABLE SERVICES

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

Legal Authority: 5 USC 301; 19 USC 58a to 58c; 19 USC 66; 19 USC 1202; 
19 USC 1505; 19 USC 1520; 19 USC 261; 19 USC 267; 6 USC 1;

CFR Citation: 19 CFR 24

Legal Deadline: None

Abstract: Amendment to 19 CFR to expand the list of services for which 
CBP can seek reimbursement to account for the addition of immigration 
inspection services to the expanded border-related functions of the 
Agency. Amendment will eliminate the inconsistencies in the existing 
collection procedures for customs and immigration inspection 
reimbursable services, allowing CBP to unify collections into a single 
reimbursable billing system.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/07

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Bruce Ingalls, Chief, Debt Management Branch, 
Department of Homeland Security, U.S. Customs and Border Protection, 
Financial Management Service Center, 6650 Telecom Drive, Indianapolis, 
IN 46278
Phone: 317 298-1307

RIN: 1651-AA65
_______________________________________________________________________




1183. LAND BORDER CARRIER INITIATIVE PROGRAM

Priority: Substantive, Nonsignificant

Legal Authority: 19 CFR 66; 19 CFR 1202; 19 CFR 1431; 19 CFR 1433; 19 
CFR 1436; 19 CFR 1448; 19 CFR 1624

CFR Citation: 19 CFR 123; 19 CFR 142

Legal Deadline: None

Abstract: Amendment to remove from the CBP regulations the regulatory 
provisions pertaining to the Land Border Carrier Initiative Program 
(LBCIP). The LBCIP regulations enlist the voluntary cooperation of 
commercial carriers as part of CBP's effort to prevent the smuggling of 
controlled substances into the United States. Since the promulgation of 
the LBCIP regulations, CBP has developed a more comprehensive voluntary 
industry partnership known as the Customs-Trade Partnership Against 
Terrorism (C-TPAT). C-TPAT builds upon the best practices of LBCIP, 
while providing greater border and supply chain security with expanded 
benefits to approved participants. For this reason, CBP intends to 
terminate the LBCIP and focus its partnership efforts on the further 
development of C-TPAT.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/07

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: William S. Allen, Operations Officer, Department of 
Homeland Security, U.S. Customs and Border Protection, Office of Field 
Operations, 1300 Pennsylvania Avenue NW., Washington, DC 20229
Phone: 202 344-3053
Email: [email protected]

RIN: 1651-AA68
_______________________________________________________________________




1184. [bull] DOCUMENTS REQUIRED FOR TRAVELERS ENTERING THE UNITED STATES 
AT SEA AND LAND PORTS-OF-ENTRY FROM WITHIN THE WESTERN HEMISPHERE

Priority: Economically Significant. Major under 5 USC 801.

Unfunded Mandates: Undetermined

Legal Authority: PL 108-458; PL 109-295

CFR Citation: 8 CFR 212; 8 CFR 235

[[Page 22638]]

Legal Deadline: Final, Statutory, June 1, 2009.

Abstract: Amendment to require 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. The amendment would require that United 
States citizens and nonimmigrant aliens from Canada, Bermuda and Mexico 
entering the United States at sea and land ports-of-entry from Western 
Hemisphere countries would be required to present an authorized travel 
document that denotes identity and citizenship in circumstances where 
travel was previously permitted without such a document.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Pat Sobol, Department of Homeland Security, U.S. 
Customs and Border Protection, Office of Field Operations
Phone: 202 344-1381
Email: [email protected]

Related RIN: Related to 1651-AA66
RIN: 1651-AA69
_______________________________________________________________________




1185. [bull] ADVANCE TRADE DATA ELEMENTS

Priority: Economically Significant. Major under 5 USC 801.

Legal Authority: PL 109-347, Section 203; 5 USC 301; 19 USC 66, 1431, 
1433, 1434, 1624, 2071 note; 46 USC 60105

CFR Citation: 19 CFR 4

Legal Deadline: None

Abstract: Amendment of the DHS regulations to provide that Customs and 
Border Protection (CBP) must receive, by way of a CBP-approved 
electronic data interchange system, additional information from 
carriers and importers pertaining to cargo before the cargo is brought 
into the United States by vessel. The information required is that 
which is reasonably necessary to enable high-risk shipments to be 
identified so as to prevent smuggling and ensure cargo safety and 
security pursuant to the laws enforced and administered by CBP. The 
amendment is specifically intended to implement the provisions of 
section 203 of the Security and Accountability for Every Port Act of 
2006.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/07

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Richard DiNucci, Department of Homeland Security, U.S. 
Customs and Border Protection, Office of Field Operations
Phone: 202 344-2513
Email: [email protected]

RIN: 1651-AA70
_______________________________________________________________________


Department of Homeland Security (DHS)                  Final Rule Stage


U.S. Customs and Border Protection (USCBP)



_______________________________________________________________________




1186. ELIMINATION OF IMMIGRATION AND NATURALIZATION SERVICE-ISSUED 
MEXICAN AND CANADIAN BORDER CROSSING CARDS

Priority: Other Significant

Legal Authority: 5 USC 552 to 552a; 8 USC 1101; 8 USC 1103; 8 USC 1182; 
8 USC 1201; 8 USC 1225 to 1228; 8 USC 1252; 8 USC 1304; 8 USC 1356

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 DHS 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                    09/00/07

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 Security, U.S. Customs and Border 
Protection, Office of Field Operations, 1300 Pennsylvania Avenue NW., 
Washington, DC 20229
Phone: 202 344-2493

RIN: 1651-AA08
_______________________________________________________________________




1187. 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 to 1183; 8 USC 
1201;

CFR Citation: 8 CFR 235

Legal Deadline: None

Abstract: This rule amends the DHS regulations to extend the distance

[[Page 22639]]

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                    09/00/07

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, U.S. Customs and Border Protection, Office of Field 
Operations, 1300 Pennsylvania Avenue NW., Washington, DC 20229
Phone: 202 344-1401

RIN: 1651-AA11
_______________________________________________________________________




1188. 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 to 1459; 19 USC 1590; 19 USC 1594; 19 USC 1623 to 
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                    08/00/07

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, U.S. Customs and Border Protection, Office of Field 
Operations, 1300 Pennsylvania Avenue NW., Washington, DC 20229
Phone: 202 344-2594

RIN: 1651-AA38
_______________________________________________________________________




1189. 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 1431; 19 USC 
1433; 19 USC 1436; 19 USC 1448; 19 USC 1459; 19 USC 1590; 19 USC 1594; 
19 USC 1623 to 1624; 19 USC 1644 to 1644a; 49 USC 44909(c)

CFR Citation: 19 CFR 122

Legal Deadline: None

Abstract: Amendment to part 122 of the Customs and Border Protection 
regulations 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                    06/00/07

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Additional Information: Transferred from RIN 1515-AD06

Agency Contact: Lashonda Jones, Department of Homeland Security, U.S. 
Customs and Border Protection, Office of Field Operations, 1300 
Pennsylvania Avenue NW., Washington, DC 20229
Phone: 202 344-1005

RIN: 1651-AA40
_______________________________________________________________________




1190. LETTERS AND DOCUMENTS; ADVANCED 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, sec 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 Security 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.

[[Page 22640]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              09/00/07

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, U.S. Customs and Border 
Protection, 1300 Pennsylvania Avenue NW., Washington, DC 20229
Phone: 202 344-1133

Related RIN: Split from 1651-AA49
RIN: 1651-AA55
_______________________________________________________________________




1191. 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                    09/00/07

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Robert Reiley, Financial Officer, Financial Management 
Division, Department of Homeland Security, U.S. Customs and Border 
Protection, 1300 Pennsylvania Avenue NW., Washington, DC 20229
Phone: 202 344-1504

RIN: 1651-AA57
_______________________________________________________________________




1192. 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 to 1434; 19 USC 1436; 19 USC 1448; 19 USC 1459; 19 USC 1590; 19 
USC 1594; 19 USC 1623 to 1624; 19 USC 1644 to 1644a; 19 USC 2071 note; 
46 USC app 3; 46 USC 91;

CFR Citation: 19 CFR 4; 19 CFR 122

Legal Deadline: None

Abstract: Amendment of parts 4 and 122 of the Customs and Border 
Protection regulations to require the electronic transmission of 
manifest information relating to passengers on arriving and departing 
aircraft and for passengers and crew on departing vessels prior to the 
departure of the vessels or aircraft.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/14/06                    71 FR 40035
NPRM Comment Period End         08/14/06
NPRM Comment Period Extended    08/02/06                    71 FR 43681
NPRM Comment Period End         10/12/06
Final Action                    04/00/07

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

URL For More Information:
www.regulations.gov

URL For Public Comments:
www.regulations.gov

Agency Contact: Charles Perez, Program Manager, Office of Field 
Operations, Department of Homeland Security, U.S. Customs and Border 
Protection, 1300 Pennsylvania Avenue NW., Washington, DC 20229
Phone: 202 344-1983

Related RIN: Related to 1651-AA37
RIN: 1651-AA62
_______________________________________________________________________




1193. 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                    09/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Local, State

Additional Information: Transferred from RIN 1115-AG84

Agency Contact: Kevin McAleenan, Director, Office of Anti-Terrorism, 
Department of Homeland Security, U.S. Customs and Border Protection, 
1300 Pennsylvania Avenue, NW., Washington, DC 20229
Phone: 202 344-1307

RIN: 1651-AA67

[[Page 22641]]

_______________________________________________________________________


Department of Homeland Security (DHS)                 Long-Term Actions


U.S. Customs and Border Protection (USCBP)



_______________________________________________________________________




1194. VISA WAIVER PROGRAM

Priority: Other Significant

Legal Authority: 8 CFR 2; 8 USC 1187; 8 USC 1103; 8 USC 1356

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; Comment Period 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: Linda Loveless, Inspector, Immigration Policy and 
Programs, Department of Homeland Security, U.S. Customs and Border 
Protection, Office of Field Operations, 1300 Pennsylvania Avenue NW., 
Washington, DC 20229
Phone: 202 344-2493

Related RIN: Merged with 1115-AG25
RIN: 1651-AA00
_______________________________________________________________________




1195. INSPECTION AND EXPEDITED REMOVAL OF ALIENS; DETENTION AND REMOVAL 
OF ALIENS; CONDUCT OF REMOVAL PROCEEDINGS

Priority: Other Significant

Legal Authority: 5 USC 301; 5 USC 552 to 552a; 8 USC 1101 to 1103; 8 
USC 1154; 8 USC 1181 to 1186a; 8 USC 1187

CFR Citation: 8 CFR 1; 8 CFR 3; 8 CFR 103; 8 CFR 204; 8 CFR 207; 8 CFR 
209; 8 CFR 211 to 214; 8 CFR 216 to 217; 8 CFR 221 to 223

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, INS and The Executive Office of 
Immigration Review (EOIR) published an interim final rule 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. On December 
6, 2000, INS and EOIR published the rule ``Asylum Procedures`` (INS No. 
1865-97; RIN 1115-AE93), which finalized the asylum portions of this 
interim rule. DHS 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

[[Page 22642]]

Agency Contact: Linda Loveless, Inspector, Department of Homeland 
Security, U.S. Customs and Border Protection, Immigration Policy and 
Programs, 1300 Pennsylvania Avenue NW., Washington, DC 20528
Phone: 202 344-2493
Email: [email protected]

RIN: 1651-AA04
_______________________________________________________________________




1196. ESTABLISHMENT OF PREINSPECTED AUTOMATED LANE (PAL) PROGRAM

Priority: Other Significant

Legal Authority: 8 USC 1103; 8 USC 1182; 8 USC 1225 to 1226; 8 USC 1251 
to 1252; 8 USC 1357; 8 CFR 2

CFR Citation: 8 CFR 287; 8 CFR 299

Legal Deadline: None

Abstract: This rule amends the DHS 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


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: Transferred from RIN 1115-AE80

Agency Contact: John P. Wagner, Assistant Chief, Department of Homeland 
Security, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue 
NW., Washington, DC 20229
Phone: 202 344-2118

RIN: 1651-AA06
_______________________________________________________________________




1197. 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 DHS 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


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: Transferred from RIN 1115-AE87

Agency Contact: Linda Loveless, Inspector, Immigration Policy and 
Programs, Department of Homeland Security, U.S. Customs and Border 
Protection, Office of Field Operations, 1300 Pennsylvania Avenue NW., 
Washington, DC 20229
Phone: 202 344-2493

RIN: 1651-AA07
_______________________________________________________________________




1198. 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

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 USCIS 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


Next Action Undetermined

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, U.S. Customs and Border 
Protection, Office of Field Operations, 1300 Pennsylvania Avenue NW., 
Washington, DC 20229
Phone: 202 344-2493

RIN: 1651-AA23

[[Page 22643]]

_______________________________________________________________________




1199. 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 to 1102; 8 USC 1182; 8 USC 1184; 8 USC 
1187; 8 USC 1225 to 1228; 8 USC 1252

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


Next Action Undetermined

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, U.S. Customs and Border 
Protection, Office of Field Operations, 1300 Pennsylvania Avenue NW., 
Washington, DC 20229
Phone: 202 344-2493

RIN: 1651-AA29
_______________________________________________________________________




1200. 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


Next Action Undetermined

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, U.S. Customs and Border Protection, 
Office of Field Operations, 1300 Pennsylvania Avenue NW., Washington, 
DC 20229
Phone: 202 344-3112

RIN: 1651-AA35
_______________________________________________________________________




1201. AIR TRANSIT PROGRAM

Priority: Economically Significant. Major under 5 USC 801.

Legal Authority: 8 USC 1101 to 1103; 8 USC 1182; 8 USC 1184; 8 USC 
1187; 8 USC 1223; 8 USC 1225 to 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


Next Action Undetermined

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, U.S. Customs and Border 
Protection, Office of Field Operations, 1300 Pennsylvania Avenue NW., 
Washington, DC 20229
Phone: 202 344-2589

RIN: 1651-AA50
_______________________________________________________________________




1202. 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 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

[[Page 22644]]

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                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Diane Hinckley, Program Officer, Department of Homeland 
Security, U.S. 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)                 Completed Actions


U.S. Customs and Border Protection (USCBP)



_______________________________________________________________________




1203. CONTAINER SEALS

Priority: Economically Significant. Major under 5 USC 801.

Unfunded Mandates: Undetermined

Legal Authority: 19 USC 66; 19 USC 1624; 46 USC 70116; 46 USC 70119; 46 
USC 70177

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

________________________________________________________________________

Withdrawn                       02/16/07

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Kathleen Conway, Director, Interdiction and Security 
Division, Department of Homeland Security, U.S. Customs and Border 
Protection, Office of Field Operations, 1300 Pennsylvania Avenue NW., 
Washington, DC 20229
Phone: 202 344-1327

RIN: 1651-AA61
_______________________________________________________________________


Department of Homeland Security (DHS)               Proposed Rule Stage


Transportation Security Administration (TSA)



_______________________________________________________________________




1204. 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, September 2005, sec. 4012 of the 
Intelligence Reform and Terrorism Prevention Act of 2004 requires TSA 
to begin implementation of the advanced passenger prescreening system 
w/n 180 days of the completion of testing.
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 
appropriate records in the consolidated and integrated terrorist 
watchlist maintained by the Federal Government.

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
NPRM                            05/00/07

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Stephanie Rowe, Assistant Administrator, Department of 
Homeland Security, Transportation Security Administration, Office of 
Threat Assessment & Credentialing, TSA 19, HQ, E7-516N, 601 South 12th 
Street, Arlington, VA 22202-4220
Phone: 571 227-4349
Fax: 571 227-1358
Email: [email protected]

Donald Hubicki, Program Director, Secure Flight Program, Department of 
Homeland Security, Transportation Security Administration, Office of 
Threat Assessment & Credentialing, TSA-19, HQ, 601 South 12th Street, 
Arlington, VA 22202-4220
Phone: 571 227-4867
Email: [email protected]

Mai Dinh, Attorney, Regulations Division, Department of Homeland 
Security, Transportation Security Administration, Office of the Chief 
Counsel, Office of Transportation Threat Assessment and Credentialing 
(TTAC), TSA-2, HQ, E12-309N, 601 South 12th Street, Arlington, VA 
22202-4220
Phone: 571 227-2725
Fax: 571 227-1378
Email: [email protected]

Related RIN: Related to 1652-AA48
RIN: 1652-AA45

[[Page 22645]]

_______________________________________________________________________




1205. PRIVACY ACT OF 1974; SYSTEM OF RECORDS: IMPLEMENTATION OF 
EXEMPTIONS; SECURE FLIGHT RECORDS

Priority: Other Significant. 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 a 
rulemaking to exempt portions of its system of records (SOR) for the 
Secure Flight Program from several provisions of the Privacy Act of 
1974. TSA will also publish a notice establishing the new system of 
records for the Secure Flight records.
TSA is developing the Secure Flight Program to implement 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 
appropriate records in the consolidated and integrated terrorist watch 
list maintained by the Federal Government.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice-Establish Privacy Act 
System of Records (SOR); Secure 
Flight Records                  05/00/07
NPRM-Privacy Act SOR; 
Implementation of Exemptions: 
Secure Flight Records           05/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Mai Dinh, Attorney, Regulations Division, Department of 
Homeland Security, Transportation Security Administration, Office of 
the Chief Counsel, Office of Transportation Threat Assessment and 
Credentialing (TTAC), TSA-2, HQ, E12-309N, 601 South 12th Street, 
Arlington, VA 22202-4220
Phone: 571 227-2725
Fax: 571 227-1378
Email: [email protected]

Peter Pietra, Director, Privacy Policy and Compliance, Department of 
Homeland Security, Transportation Security Administration, Office of 
the Special Counselor, TSA-33, HQ, E7, 601 South 12th Street, 
Arlington, VA 22202-4220
Phone: 571 227-3654
Fax: 571 227-1400
Email: [email protected]

Related RIN: Related to 1652-AA45
RIN: 1652-AA48
_______________________________________________________________________


Department of Homeland Security (DHS)                  Final Rule Stage


Transportation Security Administration (TSA)



_______________________________________________________________________




1206. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL (TWIC) 
IMPLEMENTATION IN THE MARITIME SECTOR; HAZARDOUS MATERIALS ENDORSEMENT 
FOR A COMMERCIAL DRIVER'S LICENSE

Priority: Economically Significant. Major under 5 USC 801.

Unfunded Mandates: This action may affect the private sector under PL 
104-4.

Legal Authority: 6 USC 469; 18 USC 842; 18 USC 845; 46 USC 70105; 49 
USC 114; 49 USC 5103a; 49 USC 40113; 49 USC 44903; 49 USC 46105

CFR Citation: 33 CFR 101; 33 CFR 103 to 106; 33 CFR 125; 46 CFR 10; 46 
CFR 12; 46 CFR 15; 49 CFR 1515; 49 CFR 1570; 49 CFR 1572

Legal Deadline: None

Abstract: The Transportation Security Administration (TSA), in a joint 
rulemaking with the U.S. Coast Guard, will take final action on the May 
22, 2006, Notice of Proposed Rulemaking (NPRM), which proposed 
standards for conducting security threat assessments and issuing 
biometric credentials to transportation workers who require unescorted 
access to secure areas of vessels and facilities. In addition, TSA will 
finalize standards for determining the comparability of threat 
assessments conducted in other TSA programs and by other agencies. 
Comments received on the NPRM will be responded to in the final rule.
The Aviation and Transportation Security Act (ATSA) (Pub. L. 107-071; 
11/19/2001; 115 Stat. 609) directs the TSA to improve access control in 
secure 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 hold a biometric 
credential needed to access secured areas.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice-Information Collection; 
Prototype 60 Day New Collection 04/05/04                    69 FR 17704
Notice-Information Collection; 
National Survey 60 Day New 
Collection                      04/05/04                    69 FR 17703
Notice-Information Collection; 
Prototype 30 Day New Collection 07/27/04                    69 FR 44675
Notice-Information Collection; 
National Survey 30 Day New 
Collection                      07/27/04                    69 FR 44675
NPRM                            05/22/06                    71 FR 29396
NPRM; Comment Period End        07/06/06
Notice-Public Meetings          05/26/06                    71 FR 30352
Notice-Response to Letters from 
Congress                        08/21/06                    71 FR 48527
Final Rule; Request for Comments01/25/07                     72 FR 3492
Final Rule; Comment Period End 
For Card Replacement Fee        02/26/07
Final Rule Effective            03/26/07
Final Rule; Correction 1        02/07/07                     72 FR 5632
Final Rule; TWIC Fees           03/20/07                    72 FR 13026
Final Rule; Correction 2        03/26/07                    72 FR 14049
Final Rule; OFR Editorial 
Correction to TSA Correction 2  03/30/07                    72 FR 15195
Final Rule; OFR Editorial 
Correction to TSA Correction 2  03/30/07                    72 FR 15195

[[Page 22646]]

Final Rule; TWIC Replacement 
Card Fees                       05/00/07

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses, Governmental Jurisdictions

Government Levels Affected: Federal, Local, State

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

Additional Information: Joint rulemaking with Department of Homeland 
Security, United States Coast Guard (Docket No. Coast Guard-2006-24196)

Agency Contact: John Schwartz, TWIC Project Manager, Department of 
Homeland Security, Transportation Security Administration, Office of 
Threat Assessment & Credentialing, TSA-19, HQ, E8, 601 South 12th 
Street, Arlington, VA 22202-4220
Phone: 517 227-2177
Email: [email protected]

Christine Beyer, Attorney, Regulations Division, Department of Homeland 
Security, Transportation Security Administration, 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, Related to 
1625-AB02
RIN: 1652-AA41
_______________________________________________________________________




1207. RAIL TRANSPORTATION SECURITY

Priority: Other Significant

Legal Authority: 46 USC 70102 to 70106; 46 USC 70117; 49 USC 114; 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 1520; 49 CFR 1580

Legal Deadline: None

Abstract: The Transportation Security Administration (TSA) will be 
issuing requirements in this rulemaking action to enhance the security 
of our Nation's rail transportation system. Regulated entities would 
include freight railroad carriers; intercity, commuter, and short-haul 
passenger train service providers; rail transit systems; and rail 
operations at certain, fixed-site facilities that ship or receive 
specified categories and quantities of hazardous materials by rail.
This rulemaking will codify the scope of TSA's existing inspection 
program and require regulated parties to allow TSA and Department of 
Homeland Security (DHS) officials to enter, inspect, and test property, 
facilities, and records relevant to rail security. This action will 
also require that regulated parties designate rail security 
coordinators and report significant security concerns to DHS.
TSA further will require that freight rail carriers and certain 
facilities handling hazardous materials be equipped to report location 
and shipping information to TSA upon request and to implement chain of 
custody requirements to ensure a positive and secure exchange of 
specified hazardous materials. In this action, TSA will also clarify 
and extend the sensitive security information (SSI) protections to 
cover certain information associated with rail transportation.
This action will allow TSA to enhance rail security by coordinating its 
activities with other Federal agencies, which would also avoid 
duplicative inspections and minimize the compliance burden on the 
regulated parties. This rule is intended to augment existing rail 
transportation laws and regulations that the Department of 
Transportation (DOT) administers.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Proposed Rulemaking 
(NPRM)                          12/21/06                    71 FR 76852
Notice-Public Meeting; Request 
for Comments                    01/19/07                     72 FR 2488
NPRM; Comment Period End        02/20/07
NPRM; Initial Regulatory 
Flexibility Analysis (IRFA)     02/15/07                     72 FR 7376
NPRM; IRFA; Comment Period End  02/20/07
Final Rule                      09/00/07

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Local, State

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

Agency Contact: Lisa L. Pena, Policy & Plans Branch Chief for Freight 
Rail, Department of Homeland Security, Transportation Security 
Administration, Office of Transportation Sector Network Management, 
TSA-28, HQ, E10-419N, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-4414
Fax: 571 227-1923
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-AA51
_______________________________________________________________________




1208. AIR CARGO SECURITY REQUIREMENTS; COMPLIANCE DATES; AMENDMENT

Priority: Substantive, Nonsignificant

Legal Authority: 49 USC 114; 49 USC 5103; 49 USC 40113; 49 USC 44901 to 
44905; 49 USC 44913 to 44914; 49 USC 44916 to 44917; 49 USC 44932; 49 
USC 44935 to 44936; 49 USC 46105

CFR Citation: 49 CFR 1544.228; 49 CFR 1546.213; 49 CFR 1548.11; 49 CFR 
1548.15 to 1548.16

Legal Deadline: None

Abstract: The Transportation Security Administration (TSA) is further 
extending the compliance dates for Air Cargo Security requirements. 
Since extension of the security threat assessment (STA) deadlines in 
October 2006, TSA has encountered technical problems that will delay 
TSA's ability to process the large number of STA applications for air 
cargo employees, agents and indirect air carrier (IAC) proprietors, 
general partners, officers, directors, and certain owners of the entity 
(IAC proprietors). While TSA is working diligently on these problems, 
we are unable to determine at this time when these technical problems 
will be

[[Page 22647]]

resolved. Accordingly, TSA is extending the compliance deadlines for 
STAs for employees of aircraft operators, foreign air carriers, and 
IACs under sections 1544.228, 1546.213, 1548.15, and for IAC 
proprietors, general partners, officers, directors, and certain owners 
of the entity under 1548.16 from March 15, 2007, to a requirement that 
the operators submit names and other identifying information to TSA by 
May 15, 2007. Also, the STAs for agents under sections 1544.228, 
1546.213, and 1548.15 is extended from June 15, 2007, to a requirement 
that the operators submit names and other identifying information to 
TSA by July 15, 2007. The date that all covered individuals must have 
successfully completed the STAs is extended to a date that TSA will 
specify in a future rule in the Federal Register.
In the Interim Final Rule (IFR), request for comments (published 
October 25, 2006), TSA amended the Air Cargo Security Requirements 
final rule published May 26, 2006 (71 FR 30478), corrected June 2, 2006 
(71 FR 31964) and June 8, 2006 (71 FR 33254), and effective October 23, 
2006, by extending the compliance dates. TSA concluded that the 
regulated community would be unable to meet some deadlines in the Air 
Cargo final rule because of the large number of employees and agents 
subject to the requirements. This action extended the compliance dates 
for STAs for employees of aircraft operators, foreign air carriers, and 
IACs under sections 1544.228, 1546.213, 1548.15, and IAC proprietors, 
general partners, officers, directors and certain owners of the entity 
under section 1548.16 to March 15, 2007. TSA also extended the 
compliance date for STAs for agents of these entities to June 15, 2007.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule; Request for 
Comments: Compliance Dates; Amdt 
1                               10/25/06                    71 FR 62546
Interim Final Rule Effective    10/23/06
Interim Final Rule; Comment 
Period End                      12/26/06
Interim Final Rule; Request for 
Comments: Compliance Dates; Amdt 
2                               03/20/07                    72 FR 13023
Interim Final Rule; Request for 
Comments: Amdt 2 Effective      03/20/07
Interim Final Rule; Request for 
Comments Amdt 2 Comment Period 
End                             05/21/07
Interim Final Rule; Request for 
Comments; Compliance Dates; Amdt 
3                                To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Tamika McCree, Department of Homeland Security, 
Transportation Security Administration, Office of Transportation 
Security Network Management, TSA-28, HQ, 601 South 12th Street, 
Arlington, VA 22202-4220
Phone: 571 227-2632
Email: [email protected]

Alice Crowe, Attorney, Regulations Division, Department of Homeland 
Security, Transportation Security Administration, Office of the Chief 
Counsel, TSA-2, HQ, E-12-309N, 601 South 12th Street, Arlington, VA 
22202-4220
Phone: 571 227-2652
Fax: 571 227-1378
Email: [email protected]

Related RIN: Related to 1652-AA23
RIN: 1652-AA52
_______________________________________________________________________


Department of Homeland Security (DHS)                 Long-Term Actions


Transportation Security Administration (TSA)



_______________________________________________________________________




1209. 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, sec. 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 exempt the agency (TSA) from 
procedural rulemaking requirements of 5 USC 553 and the user fees 
requirements from 31 USC.

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 
enplanement 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

[[Page 22648]]

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
Notice-Information Collection; 
60 Day Renewal                  05/06/05                    70 FR 24108
Notice-Information Collection; 
30 Day Renewal                  07/27/05                    70 FR 43441


Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Additional Information: Transferred from RIN 2110-AA01

Agency Contact: Michael Gambone, Deputy Director, Office of Revenue, 
Department of Homeland Security, Transportation Security 
Administration, Office of Finance & Administration, TSA-14, HQ, W12-
319, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-1081
Fax: 571 227-2904
Email: [email protected]

Greg Moxness, Branch Chief, Regulatory & Business Analysis Branch, 
TSNI, Department of Homeland Security, Transportation Security 
Administration, Office of Transportation Sector Network Management, 
TSA-28, E3-203S, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-1002
Email: [email protected]

Linda L. Kent, Attorney, Regulations Division, 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
Fax: 571 227-1381
Email: [email protected]

Related RIN: Related to 1652-AA01, Related to 1652-AA43
RIN: 1652-AA00
_______________________________________________________________________




1210. AVIATION SECURITY INFRASTRUCTURE FEES (ASIF)

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 not be the 
subject of this rulemaking and may 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


Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Additional Information: Transferred from RIN 2110-AA02

Agency Contact: Michael Gambone, Deputy Director, Office of Revenue, 
Department of Homeland Security, Transportation Security 
Administration, Office of Finance & Administration, TSA-14, HQ, W12-
319, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-1081
Fax: 571 227-2904
Email: [email protected]

Greg Moxness, Branch Chief, Regulatory & Business Analysis Branch, 
TSNI, Department of Homeland Security, Transportation Security 
Administration, Office of Transportation Sector Network Management, 
TSA-28, E3-203S, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-1002
Email: [email protected]

Linda L. Kent, Attorney, Regulations Division, 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
Fax: 571 227-1381
Email: [email protected]

Related RIN: Related to 1652-AA00, Related to 1652-AA43
RIN: 1652-AA01

[[Page 22649]]

_______________________________________________________________________




1211. 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: 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, the Transportation Security Administration (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 avoided disruptions in air transportation due to any shortage of 
qualified screeners. TSA has conducted a number of other rulemakings 
that have addressed issues raised in many of the 2002 rule comments.

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


Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Additional Information: Transferred from RIN 2110-AA03

Agency Contact: Greg Moxness, Branch Chief, Regulatory & Business 
Analysis Branch, TSNI, Department of Homeland Security, Transportation 
Security Administration, Office of Transportation Sector Network 
Management, TSA-28, E3-203S, 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, Office of the Chief 
Counsel, Office of Transportation Threat Assessment and Credentialing 
(TTAC), TSA-2, HQ, E12-335N, 601 South 12th Street, Arlington, VA 
22202-4220
Phone: 571 227-2723
Fax: 571 227-1380
Email: [email protected]

Robert (Bob) J. Cammaroto, Policy & Plans Branch Chief of Airports, 
Department of Homeland Security, Transportation Security 
Administration, Office of Transportation Sector Network Management, 
TSA-28, HQ, E3, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-2407
Email: [email protected]

RIN: 1652-AA02
_______________________________________________________________________




1212. 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: On February 22, 2002, the Transportation Security 
Administration (TSA) published the final rule, known as the ``Twelve-
Five Rule,'' which requires 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.'' The rule also requires that certain aircraft operators 
conduct criminal history records checks on their flight crew 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 and

[[Page 22650]]

comments received which contained SSI were responded to, but not made 
public. 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 flight crew 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


Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected:  Businesses

Government Levels Affected: None

Additional Information: Transferred from RIN 2110-AA04

Agency Contact: Erik Jensen, Branch Chief, Charter, Air Cargo & General 
Aviation, Department of Homeland Security, Transportation Security 
Administration, Office of Transportation Sector Network Management, 
TSA-28, HQ, E10-132S, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-2154
Fax: 571 227-1923
Email: [email protected]

Greg Moxness, Branch Chief, Regulatory & Business Analysis Branch, 
TSNI, Department of Homeland Security, Transportation Security 
Administration, Office of Transportation Sector Network Management, 
TSA-28, E3-203S, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-1002
Email: [email protected]

Mai Dinh, Attorney, Regulations Division, Department of Homeland 
Security, Transportation Security Administration, Office of the Chief 
Counsel, Office of Transportation Threat Assessment and Credentialing 
(TTAC), TSA-2, HQ, E12-309N, 601 South 12th Street, Arlington, VA 
22202-4220
Phone: 571 227-2725
Fax: 571 227-1378
Email: [email protected]

Related RIN: Related to 1652-AA04
RIN: 1652-AA03
_______________________________________________________________________




1213. 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, sec. 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) published 
the final rule, known as the ``Private Charter Rule,'' on December 31, 
2002, which amends the requirements applying to private charter 
passenger aircraft by increasing 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, which 
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 
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

[[Page 22651]]

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


Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected:  Businesses

Government Levels Affected: None

Additional Information: Transferred from RIN 2110-AA05

Agency Contact: Erik Jensen, Branch Chief, Charter, Air Cargo & General 
Aviation, Department of Homeland Security, Transportation Security 
Administration, Office of Transportation Sector Network Management, 
TSA-28, HQ, E10-132S, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-2154
Fax: 571 227-1923
Email: [email protected]

Michael Derrick, Policy & Plans Branch Chief for Commercial Airlines, 
Department of Homeland Security, Transportation Security 
Administration, Office of Transportation Sector Network Management, 
TSA-28 HQ, E10-214S, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-1198
Fax: 571 227-1374
Email: [email protected]

Greg Moxness, Branch Chief, Regulatory & Business Analysis Branch, 
TSNI, Department of Homeland Security, Transportation Security 
Administration, Office of Transportation Sector Network Management, 
TSA-28, E3-203S, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-1002
Email: [email protected]

Mai Dinh, Attorney, Regulations Division, Department of Homeland 
Security, Transportation Security Administration, Office of the Chief 
Counsel, Office of Transportation Threat Assessment and Credentialing 
(TTAC), TSA-2, HQ, E12-309N, 601 South 12th Street, Arlington, VA 
22202-4220
Phone: 571 227-2725
Fax: 571 227-1378
Email: [email protected]

Related RIN: Related to 1652-AA03
RIN: 1652-AA04
_______________________________________________________________________




1214. PROTECTION OF SENSITIVE SECURITY INFORMATION (SSI)

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 
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 Action                     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: Andrew Colsky, Director, Sensitive Security Informatoin 
(SSI) Office, Department of Homeland Security, Transportation Security 
Administration, Office of the Special Counselor, TSA-33, E8, 601 South 
12th Street, Arlington, VA 22202-4220
Phone: 571 227-3513
Fax: 571 227-2945
Email: [email protected]


[[Page 22652]]


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]

Maged Sharabi, Attorney, Regulations Division, Department of Homeland 
Security, Transportation Security Administration, Office of the Chief 
Counsel, TSA-2, HQ, E12-314N, 601 South 12th Street, Arlington, VA 
22202-4220
Phone: 571 227-2022
Fax: 571 227-1379
Email: [email protected]

Related RIN: Related to 1652-AA05, Related to 1652-AA49
RIN: 1652-AA08
_______________________________________________________________________




1215. CRIMINAL HISTORY RECORDS CHECKS (CHRC)

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: This rule, published by the Federal Aviation Administration 
(FAA) on December 6, 2001, required each airport operator and aircraft 
operator that had adopted a security program under 14 CFR parts 107 or 
108 to conduct fingerprint-based criminal history record checks (CHRC) 
for individuals, if they had not already undergone CHRCs. The rule 
applied to those who either have, or apply for unescorted access 
authority to the Security Identification Display Area (SIDA) of an 
airport; authority to authorize others to have unescorted access; and 
screening functions. The FAA determined the rule was needed because the 
then current employment investigation method was not adequate and to 
ensure that individuals in these positions did not have disqualifying 
criminal offenses.
Rules governing civil aviation security were transferred from the FAA 
to the Transportation Security Administration (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. TSA plans to amend parts 1542 and 
1544 to make technical changes and improve organization and clarity.

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


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Federalism:  Undetermined

Additional Information: Transferred from RIN 2110-AA11

Agency Contact: Greg Moxness, Branch Chief, Regulatory & Business 
Analysis Branch, TSNI, Department of Homeland Security, Transportation 
Security Administration, Office of Transportation Sector Network 
Management, TSA-28, E3-203S, 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, 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]

Robert (Bob) J. Cammaroto, Policy & Plans Branch Chief of Airports, 
Department of Homeland Security, Transportation Security 
Administration, Office of Transportation Sector Network Management, 
TSA-28, HQ, E3, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-2407
Email: [email protected]

Related RIN: Related to 2120-AH53, Related to 1652-AA09, Related to 
1652-AA10
RIN: 1652-AA11
_______________________________________________________________________




1216. 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: This Interim Final Rule (IFR), published by the 
Transportation Security Administration (TSA) on February 6, 2003, 
addressed security issues regarding transportation of explosives by 
commercial motor vehicles and railroads. It established requirements 
applicable to all motor carriers, motor private carriers, and railroad 
carriers not using U.S. citizens or lawful permanent aliens as drivers 
or railroad crews licensed in Canada to transport explosives to the 
United States.
In August 2006, TSA issued an IFR superseding this February 2003 IFR as 
it relates to motor carriers (See RIN No. 1652-AA50). This was further 
amended by the Transportation Worker Identification Credential (TWIC) 
final rule, issued January 25, 2007 (RIN No. 1652-AA41). In the future, 
TSA plans to issue a rulemaking action for the rail sector.

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


Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Additional Information: Transferred from RIN 2110-AA18

[[Page 22653]]

Agency Contact: George J. Petersen, Program Manager, Maritime & Surface 
Credentialing, Department of Homeland Security, Transportation Security 
Administration, Office of Transportation Threat Assessment and 
Credentialing, TSA-19, HQ, 601 South 12th Street, Arlington, VA 22202-
4220
Phone: 571 227-2215
Email: [email protected]

Christine Beyer, Attorney, Regulations Division, Department of Homeland 
Security, Transportation Security Administration, 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-AA41, Related to 1652-AA50
RIN: 1652-AA16
_______________________________________________________________________




1217. SECURITY THREAT ASSESSMENT FOR INDIVIDUALS APPLYING FOR A 
HAZARDOUS MATERIALS ENDORSEMENT FOR A COMMERCIAL DRIVER'S 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 5th 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 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


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Governmental Jurisdictions

Government Levels Affected: Federal, State

Additional Information: Transferred from RIN 2110-AA19

Agency Contact: George J. Petersen, Program Manager, Maritime & Surface 
Credentialing, Department of Homeland Security, Transportation Security 
Administration, Office of Transportation Threat Assessment and 
Credentialing, TSA-19, HQ, 601 South 12th Street, Arlington, VA 22202-
4220
Phone: 571 227-2215
Email: [email protected]

Scott Fine, Economist, Regulatory & Business Analysis Division, TSNI, 
Department of Homeland Security, Transportation Security 
Administration, Office of Transportation Sector Network Management, 
TSA-28, HQ, E3-108S, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-3013
Email: [email protected]

Alice Crowe, Attorney, Regulations Division, Department of Homeland 
Security, Transportation Security Administration, Office of the Chief 
Counsel, TSA-2, HQ, E-12-309N, 601 South 12th Street, Arlington, VA 
22202-4220
Phone: 571 227-2652
Fax: 571 227-1378
Email: [email protected]

Related RIN: Related to 1652-AA33
RIN: 1652-AA17
_______________________________________________________________________




1218. 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, sec. 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 analysis, amending the rule to incorporate the 
exemptions and interpretations, and responding to comments received.
The IFR was published on September 20, 2004 (69 FR 56324). After 
comments were received, new exemptions and interpretations were issued. 
The IFR created 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

[[Page 22654]]

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                  03/30/05                    70 FR 16298


Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Johannes (Johan) Knudsen, Director, Alien Flight 
Training Program, Department of Homeland Security, Transportation 
Security Administration, Office of Threat Assessment & Credentialing, 
TSA-19, HQ, E4, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-2188
Fax: 571 227-1903
Email: [email protected]

Erik Jensen, Branch Chief, Charter, Air Cargo & General Aviation, 
Department of Homeland Security, Transportation Security 
Administration, Office of Transportation Sector Network Management, 
TSA-28, HQ, E10-132S, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-2154
Fax: 571 227-1923
Email: [email protected]

Eric Mosier, Economist, Regulatory & Business Analysis Branch, TSNI, 
Department of Homeland Security, Transportation Security 
Administration, Office of Transportation Sector Network Management, 
TSA-28, HQ, E3-106S, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-3704
Email: [email protected]

Maged Sharabi, Attorney, Regulations Division, Department of Homeland 
Security, Transportation Security Administration, Office of the Chief 
Counsel, TSA-2, HQ, E12-314N, 601 South 12th Street, Arlington, VA 
22202-4220
Phone: 571 227-2022
Fax: 571 227-1379
Email: [email protected]

RIN: 1652-AA35
_______________________________________________________________________




1219. 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, sec. 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 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.
Regulations were to be promulgated by August 8, 2004. A Report to 
Congress was sent August 24, 2004, explaining the delay. TSA is 
revising the proposal, which will require further modification of the 
regulatory evaluation.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice-Public Meeting; Request 
for Comments                    02/24/04                     69 FR 8357
Report to Congress              08/24/04
Notice of Proposed Rulemaking 
(NPRM)                           To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: John Randol, Program Manager, Repair Stations, 
Department of Homeland Security, Transportation Security 
Administration, Office of Security Operations, TSA,29, HQ, E9, 601 
South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-1796
Email: [email protected]

Greg Moxness, Branch Chief, Regulatory & Business Analysis Branch, 
TSNI, Department of Homeland Security, Transportation Security 
Administration, Office of Transportation Sector Network Management, 
TSA-28, E3-203S, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-1002
Email: [email protected]

Linda L. Kent, Attorney, Regulations Division, Department of Homeland

[[Page 22655]]

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
Fax: 571 227-1381
Email: [email protected]

RIN: 1652-AA38
_______________________________________________________________________




1220. MARYLAND THREE AIRPORTS: 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: This Interim Final Rule (IFR), published by the 
Transportation Security Administration (TSA) on February 10, 2005, 
creates a new part 1562, subpart A, for 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
Notice--Information Collection; 
60 Day Renewal                  06/07/05                    70 FR 33188
Notice--Information Collection; 
30 Day Renewal                  09/26/05                    70 FR 56179


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Erik Jensen, Branch Chief, Charter, Air Cargo & General 
Aviation, Department of Homeland Security, Transportation Security 
Administration, Office of Transportation Sector Network Management, 
TSA-28, HQ, E10-132S, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-2154
Fax: 571 227-1923
Email: [email protected]

Greg Moxness, Branch Chief, Regulatory & Business Analysis Branch, 
TSNI, Department of Homeland Security, Transportation Security 
Administration, Office of Transportation Sector Network Management, 
TSA-28, E3-203S, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-1002
Email: [email protected]

Maged Sharabi, Attorney, Regulations Division, Department of Homeland 
Security, Transportation Security Administration, Office of the Chief 
Counsel, TSA-2, HQ, E12-314N, 601 South 12th Street, Arlington, VA 
22202-4220
Phone: 571 227-2022
Fax: 571 227-1379
Email: [email protected]

RIN: 1652-AA39
_______________________________________________________________________




1221. MODIFICATION OF THE AVIATION SECURITY INFRASTRUCTURE FEE (ASIF) 
(MARKET SHARE)

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. The ASIF is a fee imposed on air carriers 
and foreign air carriers to help pay the Government's costs of 
providing civil aviation security services.
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.
On November 5, 2003, the Transportation Security Administration (TSA) 
published a notice requesting comment on possible changes 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 regarding 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.

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 End              01/05/04
Notice-Imposition of ASIF; 
Comment Period Extended         12/31/03                    68 FR 75611

[[Page 22656]]

Notice-Imposition of ASIF; 
Extended Comment Period End     02/05/04


Next Action Undetermined

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Michael Gambone, Deputy Director, Office of Revenue, 
Department of Homeland Security, Transportation Security 
Administration, Office of Finance & Administration, TSA-14, HQ, W12-
319, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-1081
Fax: 571 227-2904
Email: [email protected]

Greg Moxness, Branch Chief, Regulatory & Business Analysis Branch, 
TSNI, Department of Homeland Security, Transportation Security 
Administration, Office of Transportation Sector Network Management, 
TSA-28, E3-203S, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-1002
Email: [email protected]

Linda L. Kent, Attorney, Regulations Division, 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
Fax: 571 227-1381
Email: [email protected]

Related RIN: Related to 1652-AA00, Related to 1652-AA01
RIN: 1652-AA43
_______________________________________________________________________




1222. RONALD REAGAN WASHINGTON NATIONAL AIRPORT: ENHANCED SECURITY 
PROCEDURES FOR CERTAIN OPERATIONS

Priority: Other Significant

Legal Authority: 46 USC 70102 to 70106; 46 USC 70117; 49 USC 114; 49 
USC 5103; 49 USC 40113 to 40114; 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 1520; 49 CFR 1540; 49 CFR 1562

Legal Deadline: None

Abstract: This Interim Final Rule (IFR), published by the 
Transportation Security Administration (TSA) on July 19, 2005, creates 
a new part 1562, subpart B, for General Aviation, in title 49 of the 
Code of Federal Regulations (CFR).
This final rule restores access to Ronald Reagan Washington National 
Airport (DCA) for certain aircraft operations, while maintaining the 
security of critical Federal Government and other assets in the 
Washington, DC, Metropolitan Area. Since September 11, 2001, general 
aviation aircraft operations have been prohibited at DCA. This rule 
applies to all passenger aircraft operations into or out of DCA, except 
foreign air carrier operations operating under 49 CFR part 1546.101(a) 
or (b) and U.S. air carrier operations operating under a full security 
program required by 49 CFR part 1544. The rule establishes security 
procedures for aircraft operators and gateway airport operators, and 
security requirements relating to crewmembers, passengers, and law 
enforcement officers onboard aircraft operating to or from DCA.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule; Request for 
Comments                        07/19/05                    70 FR 41586
Interim Final Rule Effective    08/18/05
Interim Final Rule; Comment 
Period End                      09/19/05
Notice-Information Collection; 
Approval & 60 Day Renewal       08/26/05                    70 FR 50391
Notice-Information Collection; 
30 Day Renewal                  10/26/05                    70 FR 61831


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses, Organizations

Government Levels Affected: Undetermined

Agency Contact: Robert Rottman, General Manager, General Aviation, 
Department of Homeland Security, Transportation Security 
Administration, Office of Transportation Sector Network Management, 
TSA-28, HQ, E3, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-2289
Fax: 571 227-1374
Email: [email protected]

Greg Moxness, Branch Chief, Regulatory & Business Analysis Branch, 
TSNI, Department of Homeland Security, Transportation Security 
Administration, Office of Transportation Sector Network Management, 
TSA-28, E3-203S, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-1002
Email: [email protected]

Erik Jensen, Branch Chief, Charter, Air Cargo & General Aviation, 
Department of Homeland Security, Transportation Security 
Administration, Office of Transportation Sector Network Management, 
TSA-28, HQ, E10-132S, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-2154
Fax: 571 227-1923
Email: [email protected]

Maged Sharabi, Attorney, Regulations Division, Department of Homeland 
Security, Transportation Security Administration, Office of the Chief 
Counsel, TSA-2, HQ, E12-314N, 601 South 12th Street, Arlington, VA 
22202-4220
Phone: 571 227-2022
Fax: 571 227-1379
Email: [email protected]

Related RIN: Related to 1652-AA08
RIN: 1652-AA49
_______________________________________________________________________




1223. DRIVERS LICENSED IN CANADA OR MEXICO TRANSPORTING HAZARDOUS 
MATERIALS WITHIN THE UNITED STATES

Priority: Other Significant

Legal Authority: 49 USC 5103a(h)

CFR Citation: 49 CFR 1572.201

Legal Deadline: None

Abstract: This Interim Final Rule (IFR), published by the 
Transportation Security Administration (TSA) on August 7, 2006, 
announced that a commercial motor vehicle driver licensed in Canada or 
Mexico who holds a Free and Secure Trade (FAST) program card may use 
that card as an acceptable credential to transport placarded amounts of 
hazardous

[[Page 22657]]

materials or any quantity of a material listed as a select agent or 
toxin in 42 CFR part 73 within the United States. The Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users (SAFETEA-LU) requires that, as of August 10, 2006, commercial 
motor vehicle drivers licensed in Canada or Mexico who transport 
hazardous materials in the United States must undergo a background 
check similar to the one required of U.S.-licensed operators with a 
hazardous materials endorsement (HME) on a commercial drivers license 
(CDL). This rule announced TSA's determination that the background 
check required to obtain a credential under the FAST program meets the 
background check requirements of SAFETEA-LU. This interim rule also 
removed TSA's pre-existing 49 CFR 1572.201 procedures for commercial 
drivers licensed in Canada who transport explosives into the United 
States (See RIN No. 1652-AA16).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule, Part VI     08/07/06                    71 FR 44874
Interim Final Rule Effective    08/10/06
Interim Final Rule; Comment 
Period End                      10/06/06


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Ellen Siegler, Attorney, Regulations Division, 
Department of Homeland Security, Transportation Security 
Administration, Office of the Chief Counsel, Office of Transportation 
Threat Assessment and Credentialing (TTAC), TSA-2, HQ, E12-335N, 601 
South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-2723
Fax: 571 227-1380
Email: [email protected]

Steve Sadler, Director, Maritime & Surface Credentialing, Department of 
Homeland Security, Transportation Security Administration, Office of 
Transportation Threat Assessment and Credentialing, TSA-19, HQ, E8, 601 
South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-3603
Email: [email protected]

George J. Petersen, Program Manager, Maritime & Surface Credentialing, 
Department of Homeland Security, Transportation Security 
Administration, Office of Transportation Threat Assessment and 
Credentialing, TSA-19, HQ, 601 South 12th Street, Arlington, VA 22202-
4220
Phone: 571 227-2215
Email: [email protected]

Related RIN: Related to 1652-AA16
RIN: 1652-AA50
_______________________________________________________________________


Department of Homeland Security (DHS)                 Completed Actions


Transportation Security Administration (TSA)



_______________________________________________________________________




1224. 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: The Transportation Security Administration (TSA) is 
withdrawing this action. TSA anticipates a substantial review of 
procedures in the future and will pursue rulemaking at that time.
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)(iii) directs 
TSA to publish a regulation requiring a background check for 
individuals who regularly have escorted access to secure areas.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       02/26/07

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Additional Information: Transferred from RIN 2110-AA08

Agency Contact: Christine Beyer, Attorney, Regulations Division, 
Department of Homeland Security, Transportation Security 
Administration, 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]

Robert (Bob) J. Cammaroto, Policy & Plans Branch Chief of Airports, 
Department of Homeland Security, Transportation Security 
Administration, Office of Transportation Sector Network Management, 
TSA-28, HQ, E3, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-2407
Email: [email protected]

Greg Moxness, Branch Chief, Regulatory & Business Analysis Branch, 
TSNI, Department of Homeland Security, Transportation Security 
Administration, Office of Transportation Sector Network Management, 
TSA-28, E3-203S, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-1002
Email: [email protected]

RIN: 1652-AA06
_______________________________________________________________________




1225. FOREIGN AIR CARRIERS

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 44901 to 
44905; 49 USC 44907; 49 USC 44914; 49 USC 44916 to 44917; 49 USC 44935 
to 44936; 49 USC 44942; 49 USC 46105

CFR Citation: 49 CFR 1546

Legal Deadline: None

Abstract: The Transportation Security Administration (TSA) is 
withdrawing this action 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. TSA 
anticipates a substantial

[[Page 22658]]

review of procedures in the future and will pursue rulemaking at that 
time.
This action would have extended the current regulations 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 action would also have added 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

________________________________________________________________________

Withdrawn                       02/16/07

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Jillene MacCreery, Director, International Plans & 
Policy, Department of Homeland Security, Transportation Security 
Administration, Office of Transportation Sector Network Management, 
TSA-28, E4-203S, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-2244
Fax: 571 227-1374
Email: [email protected]

Nathan J. Dickerson, Economist, Regulatory & Business Analysis, TSNI, 
Department of Homeland Security, Transportation Security 
Administration, Office of Transportation Sector Network Management, 
TSA-28, HQ, E3-107S, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-3296
Fax: 571 227-1374
Email: [email protected]

Linda L. Kent, Attorney, Regulations Division, 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
Fax: 571 227-1381
Email: [email protected]

RIN: 1652-AA40
_______________________________________________________________________




1226. 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; 49 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: The Transportation Security Administration (TSA) is 
withdrawing this action, which would have provided administrative 
appeal procedures for U.S. citizens who hold or are applying for a 
certificate, rating, or authorization issued by the Federal Aviation 
Administration (FAA) to challenge a determination by TSA that the 
individual poses a threat to transportation, aviation, or national 
security. TSA has implemented procedures to comply with statutory 
requirements to provide certificate holders the opportunity to receive 
a hearing on the record before an administrative law judge. TSA is 
reviewing procedures now and expects to pursue further rulemaking 
action in the future.
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

________________________________________________________________________

Withdrawn                       02/16/07

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Linda L. Kent, Attorney, Regulations Division, 
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
Fax: 571 227-1381
Email: [email protected]

Greg Moxness, Branch Chief, Regulatory & Business Analysis Branch, 
TSNI, Department of Homeland Security, Transportation Security 
Administration, Office of Transportation Sector Network Management, 
TSA-28, E3-203S, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-1002
Email: [email protected]

Related RIN: Split from 1652-AA12, Split from 1652-AA15
RIN: 1652-AA44
_______________________________________________________________________




1227. REGISTERED TRAVELER (RT)

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 1572

Legal Deadline: None

Abstract: The Transportation Security Administration (TSA) is 
withdrawing this action, which would have established a permanent, 
national Registered Traveler (RT) program. TSA will, however, continue 
to actively develop the RT program and anticipates a future rulemaking 
action in this area.
The RT program is expected to afford expedited security screening for 
passengers who have voluntarily submitted background information and 
biometric data, such as fingerprints or an iris scan, and have 
successfully undergone a security threat assessment. Registered 
Travelers will be required to pay a fee (established by notice) to 
defray TSA's costs for background checks. Major components of the RT 
program will be implemented by the private sector in accordance with 
TSA-issued standards. TSA will conduct the security threat assessments 
on individuals who wish to become RT members. TSA plans to issue a 
notice establishing fees for the RT program and an NPRM proposing the 
program's process and eligibility requirements.

[[Page 22659]]

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

________________________________________________________________________

Notice-Information Collection; 
Pilot Program 60 Day New 
Collection                      03/18/04                    69 FR 12865
Notice-Information Collection; 
Pilot Program 30 Day New 
Emergency Request               05/26/04                    69 FR 29968
Notice-Information Collection; 
Pilot Program 60 Day Renewal    09/21/04                    69 FR 56451
Notice-Information Collection; 
Pilot Program 30 Day Renewal    12/21/04                    69 FR 76475
Notice-Information Collection; 
Pilot Program 60 Day New 
Collection                      12/16/05                    70 FR 74837
Notice-Information Collection; 
Pilot Program 30 Day New 
Emergency Request               05/31/06                    71 FR 30948
Notice-Information Collection; 
Pilot Program 60 Day Renewal    07/18/06                    71 FR 40731
Notice-Information Collection; 
Pilot Program 30 Day Renewal    11/03/06                    71 FR 64732
Notice-Registered Traveler 
Interoperability Pilot Fees     11/24/06                    71 FR 67889
Withdrawn                       02/16/07

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Mai Dinh, Attorney, Regulations Division, Department of 
Homeland Security, Transportation Security Administration, Office of 
the Chief Counsel, Office of Transportation Threat Assessment and 
Credentialing (TTAC), TSA-2, HQ, E12-309N, 601 South 12th Street, 
Arlington, VA 22202-4220
Phone: 571 227-2725
Fax: 571 227-1378
Email: [email protected]

Ellen Siegler, Attorney, Regulations Division, Department of Homeland 
Security, Transportation Security Administration, Office of the Chief 
Counsel, Office of Transportation Threat Assessment and Credentialing 
(TTAC), TSA-2, HQ, E12-335N, 601 South 12th Street, Arlington, VA 
22202-4220
Phone: 571 227-2723
Fax: 571 227-1380
Email: [email protected]

John Martinez, Acting Director, Registered Traveler Program, Department 
of Homeland Security, Transportation Security Administration, Office of 
Transportation Threat Assessment and Credentialing, TSA-19, HQ, E3, 601 
South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-3080
Email: [email protected]

Related RIN: Related to 1652-AA36, Related to 1652-AA41
RIN: 1652-AA47
_______________________________________________________________________


Department of Homeland Security (DHS)               Proposed Rule Stage


U.S. Immigration and Customs Enforcement (USICE)



_______________________________________________________________________




1228. 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 concerns the computation of interest on cash 
bonds. It does not mention the Treasury Department 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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/07
NPRM Comment Period End         11/00/07

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: Frank Maguire, Department of Homeland Security, U.S. 
Immigration and Customs Enforcement, 800 K Street NW., Washington, DC 
20536
Phone: 202 514-2700
Fax: 202 305-4518

RIN: 1653-AA20
_______________________________________________________________________




1229. 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: NPRM, Statutory, October 2004, Schools started becoming 
eligible for recertification on October 1, 2004.
The Uniting and Strengthening America by Providing Appropriate Controls

[[Page 22660]]

Required to Intercept and Obstruct Terrorism Act (USA PATRIOT 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. DHS acknowledges this mandate and recognizes.

Abstract: This interim final 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 
establishes petition procedures, supporting documentation requirements, 
and sets the fee payment for recertification, adds a provision to allow 
a school to voluntarily withdraw from its certification, and clarifies 
procedures for school operation regarding 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

________________________________________________________________________

NPRM                            01/00/08
NPRM Comment Period End         03/00/08

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Additional Information: ICE No. 2329-04

Agency Contact: Susan Geary, Director, Student and Exchange Visitor 
Program, Department of Homeland Security, U.S. Immigration and Customs 
Enforcement, Chester Arthur Building, 425 I Street NW., Suite 6034, 
Washington, DC 20536-0000
Phone: 202 305-2346

RIN: 1653-AA42
_______________________________________________________________________




1230. 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 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 cases where bonding agents have acted 
improperly or where 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                            07/00/07
NPRM Comment Period End         09/00/07

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, U.S. 
Immigration and Customs Enforcement, 800 K Street NW., Washington, DC 
20536
Phone: 202 514-2700
Fax: 202 305-4518

RIN: 1653-AA45
_______________________________________________________________________




1231. REMOVAL OF OBSOLETE PROCEDURES AND REQUIREMENTS FOR F AND M 
NONIMMIGRANT STUDENTS FOR SCHOOLS AUTHORIZED TO ENROLL F AND M 
NONIMMIGRANT STUDENTS

Priority: Other Significant

Legal Authority: 8 USC 1356; PL 107-56; PL 107-173

CFR Citation: 8 CFR 103; 8 CFR 214

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 proposed rule amends DHS regulations governing 
certification and recertification of schools approved by the Student 
and Exchange Visitor Program (SEVP) for attendance by F or M 
nonimmigrant students. The rule deletes obsolete, pre-SEVIS policies 
and procedures in various regulations. The continued presence of this 
outdated verbiage contributes to confusion, inefficiency, and 
misunderstanding by students and academic institutions.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/07
NPRM Comment Period End         11/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

[[Page 22661]]

Agency Contact: Susan Geary, Director, Student and Exchange Visitor 
Program, Department of Homeland Security, U.S. Immigration and Customs 
Enforcement, Chester Arthur Building, 425 I Street NW., Suite 6034, 
Washington, DC 20536-0000
Phone: 202 305-2346

RIN: 1653-AA51
_______________________________________________________________________




1232. [bull] COLLECTION OF FEES LEVIED ON F, M, AND J NONIMMIGRANTS AND 
SCHOOLS APPROVED BY DHS TO ENROLL F AND M NONIMMIGRANTS TO DEFRAY THE 
COSTS OF THE STUDENT AND EXCHANGE VISITOR PROGRAM

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

Unfunded Mandates: This action may affect State, local or tribal 
governments.

Legal Authority: 8 USC 1372, 8 USC 1356(m), 31 USC 9701

CFR Citation: 8 CFR 103, 214 and 299

Legal Deadline: None

Abstract: This rule will modify DHS regulations governing the 
established SEVIS I-901 and the SEVP certification fees to defray 
actual costs of related SEVP operating expenses. It further modifies 
DHS regulations to establish a fee that will defray SEVP operating 
expenses related to oversight and recertification of SEVP-certified 
schools, enabling SEVP to become compliant with the USA PATRIOT Act, 
HSA, and the Border Security Act.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/00/08
NPRM Comment Period End         06/00/08

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: Local, State

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

Agency Contact: Susan Geary, Director, Student and Exchange Visitor 
Program, Department of Homeland Security, U.S. Immigration and Customs 
Enforcement, Chester Arthur Building, 425 I Street NW., Suite 6034, 
Washington, DC 20536-0000
Phone: 202 305-2346

Related RIN: Related to 1653-AA23, Related to 1115-AG71
RIN: 1653-AA54
_______________________________________________________________________


Department of Homeland Security (DHS)                  Final Rule Stage


U.S. Immigration and Customs Enforcement (USICE)



_______________________________________________________________________




1233. 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              10/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: Transferred from RIN 1115-AE82

Agency Contact: Monti Zimmerman, Department of Homeland Security, U.S. 
Immigration and Customs Enforcement, 425 I Street NW., Rm 6260, 
Washington, DC 20536
Phone: 202 616-8345
Email: [email protected]

RIN: 1653-AA05
_______________________________________________________________________




1234. 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, the Attorney General, and the 
Secretary of State are promulgating these regulations for federal law 
enforcement 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                    12/00/07

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, Department of Homeland Security, U.S. 
Immigration and Customs Enforcement, 425 I Street NW., Washington, DC 
20536

[[Page 22662]]

Phone: 202 616-8737

RIN: 1653-AA09
_______________________________________________________________________




1235. 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 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                    01/00/08

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, U.S. Immigration and Customs 
Enforcement, 425 I Street NW., Washington, DC 20536
Phone: 202 514-2895

RIN: 1653-AA13
_______________________________________________________________________




1236. 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                    12/00/07

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: Jack Penca, Department of Homeland Security, U.S. 
Immigration and Customs Enforcement, 425 I Street NW., Suite 6100, 
Washington, DC 20536
Phone: 202 514-2895

RIN: 1653-AA14
_______________________________________________________________________




1237. 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                    01/00/08

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, Director, Student and Exchange Visitor 
Program, Department of Homeland Security, U.S. Immigration and Customs 
Enforcement, Chester Arthur Building, 425 I Street NW., Suite 6034, 
Washington, DC 20536-0000
Phone: 202 305-2346

Related RIN: Previously reported as 1115-AG71
RIN: 1653-AA31

[[Page 22663]]

_______________________________________________________________________




1238. SAFE-HARBOR PROCEDURES FOR EMPLOYERS WHO RECEIVE A NO-MATCH LETTER

Priority: Other Significant

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1314a

CFR Citation: 8 CRF 274a

Legal Deadline: None

Abstract: The Bureau of Immigration and Customs Enforcement hereby 
amends the regulations relating to the unlawful hiring or continued 
employment of unauthorized aliens. The rule adds two more examples of 
situations that may lead to a finding that an employer has constructive 
knowledge that an employee is an unauthorized alien. These additional 
two examples involve an employer's failing to take reasonable steps in 
response to one or the other of two events: (1) The employer receives 
written notice from the Social Security Administration (SSA) that the 
name and social security account number submitted for an employee do 
not match SSA records; or (2) the employer receives written notice from 
the Department of Homeland Security (DHS) that the immigration-status 
or employment-authorization documentation presented or referenced by 
the employee in completing Form I-9, Employment Eligibility 
Verification, was not assigned to the employee according to DHS 
records. The rule also describes steps that DHS considers to be a 
reasonable response, and clarifies that whether DHS will find that an 
employer had constructive knowledge that an employee was an 
unauthorized alien will depend on the totality of relevant 
circumstances. The rule describes ``Safe Harbor'' procedures an 
employer can follow in response to such a letter to be certain that DHS 
will not use the letter as part of an allegation that the employer had 
constructive knowledge that the employee referred to in the letter was 
an alien not authorized to work in the United States. The purpose of 
this rule is to clarify an employer's obligations and options when it 
receives a no-match letter, either from SSA or DHS.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Proposed Rule                   06/14/06                    71 FR 34281
Comment Period End              08/14/06
Final Rule                      04/00/07
Final Rule Effective            05/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

URL For More Information:
www.regulations.gov

URL For Public Comments:
www.regulations.gov

Agency Contact: Ron Shelkey, Department of Homeland Security, U.S. 
Immigration and Customs Enforcement, 425 I Street NW., Washington, DC 
20536
Phone: 202 514-2844

RIN: 1653-AA50
_______________________________________________________________________


Department of Homeland Security (DHS)                 Long-Term Actions


U.S. Immigration and Customs Enforcement (USICE)



_______________________________________________________________________




1239. 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     To Be                       Determined

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, U.S. 
Immigration and Customs Enforcement, 801 I Street NW., Washington, DC 
20536
Phone: 202 514-6778

RIN: 1653-AA06
_______________________________________________________________________




1240. 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

[[Page 22664]]

NPRM Comment Period End         01/29/01
Final Action                     To Be                       Determined

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: James Knapp, Department of Homeland Security, U.S. 
Immigration and Customs Enforcement, 425 I Street NW., Rm 6260, 
Washington, DC 20536
Phone: 202 514-8138

RIN: 1653-AA08
_______________________________________________________________________




1241. 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                             To Be                       Determined

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: Walter LeRoy, Chief, Detention Standards Compliance 
Unit, Department of Homeland Security, U.S. Immigration and Customs 
Enforcement, 801 I Street NW., Washington, DC 20536
Phone: 202 732-2885

RIN: 1653-AA12
_______________________________________________________________________




1242. 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                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: ICE No. 2301-03

Agency Contact: Bart J. Cahill, Department of Homeland Security, U.S. 
Immigration and Customs Enforcement, 425 I Street NW., Washington, DC 
20536
Phone: 202 353-3514
Fax: 202 305-7013
Email: [email protected]

RIN: 1653-AA29
_______________________________________________________________________




1243. 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                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 1992-99
Transferred from RIN 1615-AA27

Agency Contact: Susan Geary, Director, Student and Exchange Visitor

[[Page 22665]]

Program, Department of Homeland Security, U.S. Immigration and Customs 
Enforcement, Chester Arthur Building, 425 I Street NW., Suite 6034, 
Washington, DC 20536-0000
Phone: 202 305-2346

Related RIN: Previously reported as 1115-AF54
RIN: 1653-AA30
_______________________________________________________________________




1244. SCHOOL APPEALS PROCESS REGARDING ADJUDICATIONS BY THE STUDENT AND 
EXCHANGE VISITOR PROGRAM TO DENY OR WITHDRAW DEPARTMENT OF HOMELAND 
SECURITY CERTIFICATION

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 amends its regulations to clarify its procedures for 
denial of applications by schools for approval to enroll nonimmigrant 
students. DHS also streamlines and aligns the withdrawal process with 
the denial and appeal process. Finally, DHS assumes the authority to 
suspend a school's approval to issue Forms I-20, Certificate of 
Eligibility for Nonimmigrant Status for Academic and Language Students, 
during denial or withdrawal proceedings.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2239-02
Transferred from RIN 1615-AA85

Agency Contact: Susan Geary, Director, Student and Exchange Visitor 
Program, Department of Homeland Security, U.S. Immigration and Customs 
Enforcement, Chester Arthur Building, 425 I Street NW., Suite 6034, 
Washington, DC 20536-0000
Phone: 202 305-2346

RIN: 1653-AA33
_______________________________________________________________________




1245. 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 Bureau of Immigration and Customs Enforcement.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: CIS No. 2290-03

Agency Contact: Susan Geary, Director, Student and Exchange Visitor 
Program, Department of Homeland Security, U.S. Immigration and Customs 
Enforcement, Chester Arthur Building, 425 I Street NW., Suite 6034, 
Washington, DC 20536-0000
Phone: 202 305-2346

RIN: 1653-AA37
_______________________________________________________________________




1246. 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 DHS. 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: Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected:  Businesses

Government Levels Affected: Federal

Agency Contact: Susan Geary, Director, Student and Exchange Visitor 
Program, Department of Homeland Security, U.S. Immigration and Customs 
Enforcement, Chester Arthur Building, 425 I Street NW., Suite 6034, 
Washington, DC 20536-0000
Phone: 202 305-2346

RIN: 1653-AA43
_______________________________________________________________________




1247. CLARIFICATION OF CRITERIA FOR CERTIFICATION, OVERSIGHT, AND 
RECERTIFICATION OF SCHOOLS BY THE STUDENT AND EXCHANGE VISITOR PROGRAM 
(SEVP) TO ENROLL F OR M NONIMMIGRANT STUDENTS

Priority: Other Significant. Major under 5 USC 801.

Legal Authority: 8 USC 1356(m); PL 107-56; PL 107-173

[[Page 22666]]

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 rule proposes to amend DHS regulations governing certification, 
oversight and recertification of schools approved by the Student and 
Exchange Visitor Program (SEVP) for attendance by F or M nonimmigrant 
students. The proposed rule clarifies criteria for initial 
certification and for recertification of SEVP certified schools every 
two years. The rule sets the fee amount for certification at a rate 
that incorporates all cost of implementing the certification process.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Susan Geary, Director, Student and Exchange Visitor 
Program, Department of Homeland Security, U.S. Immigration and Customs 
Enforcement, Chester Arthur Building, 425 I Street NW., Suite 6034, 
Washington, DC 20536-0000
Phone: 202 305-2346

Related RIN: Related to 1653-AA42
RIN: 1653-AA44
_______________________________________________________________________




1248. 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              06/15/06                    71 FR 34510
Interim Final Rule Effective    06/15/06
Interim Final Rule Comment 
Period End                      08/14/06


Next Action Undetermined

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: Federal, Local, State, Tribal

Additional Information: ICE 2345-05

URL For More Information:
www.regulations.gov

URL For Public Comments:
www.regulations.gov

Agency Contact: John Shofi, Department of Homeland Security, U.S. 
Immigration and Customs Enforcement, 425 I Street NW., Washington, DC 
20536
Phone: 202 353-3611

RIN: 1653-AA47
_______________________________________________________________________




1249. CUSTODY AND BOND ELIGIBILITY OF ALIENS DESIGNATED FOR EXPEDITED 
REMOVAL

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 235; 8 CFR 1003; 8 CFR 1235

Legal Deadline: None

Abstract: This proposed rule would revise the jurisdiction of 
immigration judges, to provide that aliens in removal proceedings who 
have been detained for expedited removal are not eligible for bond or 
bond redetermination before an immigration judge.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: James Knapp, Department of Homeland Security, U.S. 
Immigration and Customs Enforcement, 425 I Street NW., Rm 6260, 
Washington, DC 20536
Phone: 202 514-8138

RIN: 1653-AA52
_______________________________________________________________________


Department of Homeland Security (DHS)                 Completed Actions


U.S. Immigration and Customs Enforcement (USICE)



_______________________________________________________________________




1250. NOTIFICATION FOR ALIENS DETAINED PRIOR TO A FINAL ORDER (ICE 2355-
05)

Priority: Other Significant

Legal Authority: 5 USC 301; 5 USC 552; 5 USC 552a; 8 USC 1103 ; 8 USC 
1182; 8 USC 1224; 8 USC 1225; 8 USC 1226; 8 USC 1227; 8 USC 1231; 8 USC 
1362; 18 USC 4002; 18 USC 4013c4

CFR Citation: 8 CFR 236

Legal Deadline: None

Abstract: This final rule amends the Department of Homeland Security 
regulations governing the detention of aliens prior to an order of 
removal. The rule adds Algeria, Tunisia, and Zimbabwe to the list of 
countries that have existing treaties with the United States requiring 
immediate communication with consular or diplomatic officers of these 
countries whenever their nationals are detained in the United States. 
In addition, the rule removes Albania and South Korea from the list of 
countries having such a treaty and removes Hong Kong from the list of 
British dependencies. The rule also adds a statement that mandatory 
notification does not apply

[[Page 22667]]

to any Polish national who has been admitted for permanent residence in 
the United States, and a statement that mandatory notification does not 
apply to any person carrying a ``Republic of China'' passport issued by 
Taiwan. Finally, the rule changes ``Antigua'' on the list to ``Antigua 
and Barbuda,'' the official name of that country, and adds language to 
the footnote to ``USSR'' which clarifies that mandatory consular 
notification applies to a national of any of its successor states who 
is still traveling on a USSR passport.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    01/17/07                     72 FR 1923

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

URL For More Information:
www.regulations.gov

Agency Contact: Ms Tammy Cyr, Acting Unit Chief, Department of Homeland 
Security, U.S. Immigration and Customs Enforcement, 801 I Street NW., 
Suite 800, Washington, DC 20536
Phone: 202 732-7288
Fax: 202 732-2988
Email: [email protected]

RIN: 1653-AA53
_______________________________________________________________________


Department of Homeland Security (DHS)                  Final Rule Stage


Federal Emergency Management Agency (FEMA)



_______________________________________________________________________




1251. FLOOD MITIGATION ASSISTANCE PROGRAM

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 4104c; 42 USC 4104d

CFR Citation: 44 CFR 78

Legal Deadline: None

Abstract: The final rule will 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 Rule                      06/00/07

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Local, State, Tribal

Additional Information: Transferred from RIN 3067-AC45

Agency Contact: Cecelia Rosenberg, Mitigation Directorate, Department 
of Homeland Security, Federal Emergency Management Agency, 500 C Street 
SW., Room 908, Washington, DC 20472
Phone: 202 646-3321
Fax: 202 646-2719
Email: [email protected]

RIN: 1660-AA00
_______________________________________________________________________




1252. 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 Federal Emergency Management Agency plans to adopt as 
final, without change, interim rules that establish requirements for 
Hazard Mitigation Planning and the Hazard Mitgation Grant Program 
pursuant to section 322 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act.

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 Rule                      06/00/07

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 Directorate, Department of 
Homeland Security, Federal Emergency Management Agency, 500 C Street 
SW., Washington, DC 20472
Phone: 202 646-3358
Fax: 202 646-3104
Email: [email protected]

RIN: 1660-AA17
_______________________________________________________________________




1253. 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 implements 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.

[[Page 22668]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/30/02                    67 FR 56130
NPRM Comment Period End         09/30/02
Interim Final Rule              06/00/07

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, Office of the Chief Financial Officer, 
Department of Homeland Security, Federal Emergency Management Agency, 
500 C Street SW., Washington, DC 20472
Phone: 202 646-7057
Fax: 202 646-4268
Email: [email protected]

RIN: 1660-AA21
_______________________________________________________________________




1254. FLOOD MITIGATION GRANTS AND HAZARD MITIGATION PLANNING

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 4102a

CFR Citation: 44 CFR 59; 44 CFR 61; 44 CFR 78; 44 CFR 79; 44 CFR 80; 44 
CFR 201; 44 CFR 206

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              06/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Local, State, Tribal

Agency Contact: Cecelia Rosenberg, Mitigation Directorate, Department 
of Homeland Security, Federal Emergency Management Agency, 500 C Street 
SW., Room 908, Washington, DC 20472
Phone: 202 646-3321
Fax: 202 646-2719
Email: [email protected]

RIN: 1660-AA36
_______________________________________________________________________




1255. PUBLIC ASSISTANCE ELIGIBILITY

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 5121-5206

CFR Citation: 44 CFR 206

Legal Deadline: None

Abstract: This interim rule will allow FEMA to reimburse State, Tribal 
and local governments within an area designated under a Presidential 
emergency or major disaster declaration for sheltering and evacuation 
costs incurred outside of the designated area. Under this rule, FEMA 
may also directly provide sheltering and evacuation assistance outside 
of the designated area.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              07/14/06                    71 FR 40025
Interim Final Rule Effective    07/14/06
Interim Final Rule Comment 
Period End                      09/12/06
Final Action                    09/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal, Local, State, Tribal

URL For More Information:
www.regulations.gov

URL For Public Comments:
www.regulations.gov

Agency Contact: James A. Walke, Disaster Assistance Directorate, 
Department of Homeland Security, Federal Emergency Management Agency, 
500 C Street SW., Washington, DC 20472
Phone: 202 646-2751
Fax: 202 646-3304
Email: [email protected]

RIN: 1660-AA45
_______________________________________________________________________




1256. [bull] NATIONAL FLOOD INSURANCE PROGRAM (NFIP); ASSISTANCE TO 
PRIVATE SECTOR PROPERTY INSURERS; COMPENSATION FOR FIRA IMPLEMENTATION

Priority: Substantive, Nonsignificant

Unfunded Mandates: Undetermined

Legal Authority: 42 USC 4011

CFR Citation: 44 CFR 62

Legal Deadline: None

Abstract: FEMA is changing the current Financial Assistance/Subsidy 
Arrangement (the Arrangement) to provide compensation to companies that 
are signatory to the Arrangement for expenses incurred in implementing 
the provisions of the Bunning-Bereuter-Blumenauer Flood Insurance 
Reform Act (FIRA) of 2004. In recognition of these additional expenses, 
the Write-Your-Own expense allowance will be increased.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              09/00/07

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Edward L. Connor, Mitigation Directorate, Department of 
Homeland Security, Federal Emergency Management Agency, 500 C Street 
SW., Washington, DC 20472
Phone: 202 646-3429
Fax: 202 646-2818
Email: [email protected]

RIN: 1660-AA48

[[Page 22669]]

_______________________________________________________________________


Department of Homeland Security (DHS)                 Long-Term Actions


Federal Emergency Management Agency (FEMA)



_______________________________________________________________________




1257. 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 Chief Counsel, Department of 
Homeland Security, Federal Emergency Management Agency, 500 C Street 
SW., Washington, DC 20472
Phone: 202 646-4112
Fax: 202 646-4536
Email: [email protected]

RIN: 1660-AA01
_______________________________________________________________________




1258. 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: Cecelia Rosenberg, Mitigation Directorate, Department 
of Homeland Security, Federal Emergency Management Agency, 500 C Street 
SW., Room 908, Washington, DC 20472
Phone: 202 646-3321
Fax: 202 646-2719
Email: [email protected]

RIN: 1660-AA02
_______________________________________________________________________




1259. 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 
the 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.''

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, Disaster Operations Directorate, 
Department of Homeland Security, Federal Emergency Management Agency, 
500 C Street SW., Washington, DC 20472
Phone: 202 646-2549
Fax: 202 646-4684
Email: [email protected]

RIN: 1660-AA07
_______________________________________________________________________




1260. 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 Directorate, Department of 
Homeland Security, Federal Emergency Management Agency, 500 C Street 
SW., Washington, DC 20472

[[Page 22670]]

Phone: 202 646-3419
Fax: 202 646-7970
Email: [email protected]

RIN: 1660-AA09
_______________________________________________________________________




1261. 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, Disaster Assistance Directorate, Department 
of Homeland Security, Federal Emergency Management Agency, 500 C Street 
SW., Washington, DC 20472
Phone: 202 646-3943
Fax: 202 646-3978
Email: [email protected]

RIN: 1660-AA18
_______________________________________________________________________




1262. 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: Edward L. Connor, Mitigation Directorate, Department of 
Homeland Security, Federal Emergency Management Agency, 500 C Street 
SW., Washington, DC 20472
Phone: 202 646-3429
Fax: 202 646-2818
Email: [email protected]

RIN: 1660-AA22
_______________________________________________________________________




1263. 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, Disaster Assistance Directorate, Department 
of Homeland Security, Federal Emergency Management Agency, 500 C Street 
SW., Washington, DC 20472
Phone: 202 646-3943
Fax: 202 646-3978
Email: [email protected]

RIN: 1660-AA23
_______________________________________________________________________




1264. 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 (the 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: Edward L. Connor, Mitigation Directorate, Department of 
Homeland Security, Federal Emergency

[[Page 22671]]

Management Agency, 500 C Street SW., Washington, DC 20472
Phone: 202 646-3429
Fax: 202 646-2818
Email: [email protected]

RIN: 1660-AA28
_______________________________________________________________________




1265. 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: Edward L. Connor, Mitigation Directorate, Department of 
Homeland Security, Federal Emergency Management Agency, 500 C Street 
SW., Washington, DC 20472
Phone: 202 646-3429
Fax: 202 646-2818
Email: [email protected]

RIN: 1660-AA29
_______________________________________________________________________




1266. 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

Legal Authority: 42 USC 4011(b)(4); 42 USC 4015(f)

CFR Citation: 44 CFR 61

Legal Deadline: None

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 
would address sections 105 (Amendments to Additional Coverage for 
Compliance with Land Use and Control Measures) and 209 (Prospective 
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

________________________________________________________________________

Interim Final Rule               To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Local, State

Agency Contact: Thomas Hayes, Mitigation Directorate, Department of 
Homeland Security, Federal Emergency Management Agency, 500 C Street 
SW., Washington, DC 20472
Phone: 202 646-3419
Fax: 202 646-7970
Email: [email protected]

RIN: 1660-AA30
_______________________________________________________________________




1267. DISASTER ASSISTANCE; PUBLIC ASSISTANCE INSURANCE REQUIREMENTS

Priority: Substantive, Nonsignificant

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, Disaster Assistance Directorate, 
Department of Homeland Security, Federal Emergency Management Agency, 
500 C Street SW., Washington, DC 20472
Phone: 202 646-2751
Fax: 202 646-3304
Email: [email protected]

RIN: 1660-AA32
_______________________________________________________________________




1268. ESTIMATING ELIGIBLE COST

Priority: Economically Significant. Major under 5 USC 801.

Legal Authority: 42 USC 5172(e)(3)(C)

CFR Citation: 44 CFR 206

[[Page 22672]]

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, Disaster Assistance Directorate, 
Department of Homeland Security, Federal Emergency Management Agency, 
500 C Street SW., Washington, DC 20472
Phone: 202 646-3532
Fax: 202 646-3304
Email: [email protected]

RIN: 1660-AA33
_______________________________________________________________________




1269. 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 establishes the mechanism through which FEMA will distribute these 
funds.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              07/26/05                    70 FR 43214
Interim Final Rule Effective    08/25/05
Interim Final Rule Comment 
Period End                      08/25/05
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

URL For More Information:
www.regulations.gov

URL For Public Comments:
www.regulations.gov

Agency Contact: Jotham Allen, Office of Chief Counsel, Department of 
Homeland Security, Federal Emergency Management Agency, 500 C Street 
SW., Washington, DC 20472
Phone: 202 646-1957
Fax: 202 646-4536
Email: [email protected]

RIN: 1660-AA34
_______________________________________________________________________




1270. SPECIAL COMMUNITY DISASTER LOANS PROGRAM

Priority: Economically Significant. Major under 5 USC 801.

Legal Authority: 42 USC 5121-5606

CFR Citation: 44 CFR 206

Legal Deadline: None

Abstract: This interim rule implements the Special Community Disaster 
Loans Program authorized in the Community Disaster Loan Act of 2005. 
This interim rule describes the procedures and requirements for a 
program designed to provide loans for essential services to local 
governments that have experienced a loss in revenue due to a major 
disaster. These regulations do not apply to the traditional Community 
Disaster Loans Program which is permanently authorized.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              10/18/05                    70 FR 60443
Interim Final Rule Effective    10/18/05
Interim Final Rule Comment 
Period End                      12/19/05
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal, Local, State, Tribal

Agency Contact: James A. Walke, Disaster Assistance Directorate, 
Department of Homeland Security, Federal Emergency Management Agency, 
500 C Street SW., Washington, DC 20472
Phone: 202 646-2751
Fax: 202 646-3304
Email: [email protected]

RIN: 1660-AA44
_______________________________________________________________________




1271. [bull] DISASTER ASSISTANCE; PUBLIC ASSISTANCE REPETITIVE DAMAGE

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

Legal Authority: 42 USC 5172

CFR Citation: 44 CFR 206.226

Legal Deadline: None

Abstract: FEMA is publishing a proposed rule to implement subsection 
205(b) of the Disaster Mitigation Act of 2000. That provision repealed 
the existing version of subsection 406(b) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act and replaced it with a new 
version.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: James A. Walke, Disaster Assistance Directorate, 
Department of Homeland Security, Federal Emergency Management Agency, 
500 C Street SW., Washington, DC 20472
Phone: 202 646-2751
Fax: 202 646-3304
Email: [email protected]

RIN: 1660-AA47
_______________________________________________________________________




1272. STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT 
PROGRAM

Priority: Other Significant

Legal Authority: 29 USC 2229(a)

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: This proposed action provides interested parties an

[[Page 22673]]

opportunity to comment on the Staffing for Adequate Fire and Emergency 
Response (SAFER) grant program. The purpose of these grants is to award 
grants to hire new firefighters and to recruit and retain volunteer 
firefighters. Specifically, there are two funding activities under this 
program: Hiring of New Firefighters Activity grants would be made 
directly to volunteer, combination, and career fire departments to 
increase the number of active firefighters on their rosters to attain 
24-hour staffing; and Recruitment and Retention of Volunteer 
Firefighters Activity grants would be made directly to volunteer and 
combination fire departments and to local and State-wide organizations 
that represent the volunteer firefighters' interests to create or 
expand incentive programs to increase and maintain volunteer 
firefighter staffing levels.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Governmental Jurisdictions

Government Levels Affected: Local, Tribal

Agency Contact: Brian Cowan, Director, Assistance to Firefighters 
Program Office, Department of Homeland Security, Office of the 
Secretary, 245 Murray Lane, Building 410, SW,, Washington, DC 20528-
7000
Phone: 202 786-9790
Fax: 202 786-9938
Email: [email protected]

Related RIN: Previously reported as 1601-AA32
RIN: 1660-AA49
_______________________________________________________________________




1273. ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM

Priority: Economically Significant. Major under 5 USC 801.

Legal Authority: Federal Fire Prevention and Control Act of 1974 (15 
USC 2229) as amended.

CFR Citation: 44 CFR 152

Legal Deadline: None

Abstract: To update existing guidance on grants made directly to fire 
departments and non-affiliated emergency medical service (EMS) 
organizations of a state for the purpose of enhancing their ability to 
protect the health and safety of the public as well as that of 
firefighting personnel facing fire and fire related hazards, and on 
grants made to eligible organizations for fire departments for fire 
prevention and firefighter safety research activities.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Governmental Jurisdictions, Organizations

Government Levels Affected: Local, Tribal

Agency Contact: Brian Cowan, Director, Assistance to Firefighters 
Program Office, Department of Homeland Security, Office of the 
Secretary, 245 Murray Lane, Building 410, SW,, Washington, DC 20528-
7000
Phone: 202 786-9790
Fax: 202 786-9938
Email: [email protected]

Related RIN: Previously reported as 1601-AA30
RIN: 1660-AA50
_______________________________________________________________________


Department of Homeland Security (DHS)                 Completed Actions


Federal Emergency Management Agency (FEMA)



_______________________________________________________________________




1274. 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. 1601-AA23 completely removed 44 CFR 
Part 11 Subpart C. Therefore, 1660-AA05 is no longer necessary.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              01/08/98                     63 FR 1063
Removed                         01/30/07                     72 FR 4189

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Local, State

Additional Information: Transferred from RIN 3067-AC77; The removal of 
44 CFR Part 11 Subpart C was published in interim final rule, 1601-
AA23.

Agency Contact: Michael Komack, Office of the Chief Financial Officer, 
Department of Homeland Security, Federal Emergency Management Agency, 
500 C Street SW., Washington, DC 20472
Phone: 202 646-4164
Fax: 202 646-4157
Email: [email protected]

RIN: 1660-AA05
_______________________________________________________________________




1275. 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 that the States pay the entire premium.

[[Page 22674]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       02/12/07

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Suzan Krowel, Mitigation Directorate, Department of 
Homeland Security, Federal Emergency Management Agency, 500 C Street 
SW., Washington, DC 20472
Phone: 202 646-3423
Fax: 202 646-4327
Email: [email protected]

RIN: 1660-AA35
_______________________________________________________________________




1276. FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) ACQUISITION REGULATION 
SYSTEM; REMOVAL OF CHAPTER 44

Priority: Substantive, Nonsignificant

Legal Authority: 6 USC 313(1); 6 USC 341 (a)(2); 6 USC 551 (d)(2)

CFR Citation: 48 CFR Chapter 44

Legal Deadline: None

Abstract: This direct final rule removes the Federal Emergency 
Management Agency Acquisition Regulation in its entirety. This removal 
is a result of the establishment of the Department of Homeland Security 
and its subsequent Homeland Security Acquisition Regulation supplement 
to the Federal Acquisition Regulation.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Direct Final Rule               03/02/07                     72 FR 9445
Comment Period End              04/02/07
Final Action Effective          05/01/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Joyce M. Ard, Office of Acquisition, Department of 
Homeland Security, Federal Emergency Management Agency, 500 C Street 
SW., Patriot Plaza, Room 201, Washington, DC 20472
Phone: 202 646-3213
Fax: 202 646-4348
Email: [email protected]

RIN: 1660-AA46
[FR Doc. 07-01293 Filed 04-27-07; 8:45 am]
BILLING CODE 4410-10-S
