Department of Homeland Security Semiannual Regulatory Agenda, 21943-21951 [E9-10269]

Download as PDF Monday, May 11, 2009 Part VII Department of Homeland Security Semiannual Regulatory Agenda VerDate Nov<24>2008 07:58 May 08, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\11MYP7.SGM 11MYP7 21944 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda 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: ACTION: Office of the Secretary, DHS. 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. DHS expects 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 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. DHS’ last semiannual regulatory agenda was published on Novemeber 24, 2008, at 73 FR 71378. Beginning with the fall 2007 edition, the Internet will be the basic means for disseminating the Unified Agenda. The complete Unified Agenda will be available online at www.reginfo.gov, in a format that offers users a greatly enhanced ability to obtain information from the Agenda database. Because publication in the Federal Register is mandated for the regulatory flexibility agendas required by the Regulatory Flexibility Act (5 U.S.C. 602), DHS’ printed agenda entries include regulatory actions that are in the Department’s regulatory flexibility agenda, in accordance with the Regulatory Flexibility Act, because they are likely to have a significant economic impact on a substantial number of small entities. Printing of these entries is limited to fields that contain information required by the Regulatory Flexibility Act’s Agenda requirements. Additional information on these entries is available in the Unified Agenda published on the Internet. In addition, for fall editions of the Agenda, the entire regulatory plan will continue to be printed in the Federal Register, as in past years, including DHS’ regulatory plan. In September 2005, DHS joined the Environmental Protection Agency Federal Partner online electronic Federal Docket Management System (FDMS) located at www.regulations.gov; with the exception of the Coast Guard and TSA, who remained with the Department of Transportation’s (DOT) electronic Docketing Management System. Effective October 1, 2007, the Coast Guard and TSA have fully migrated to FDMS, ensuring that all DHS regulatory actions subject to public comment are now available on www.regulations.gov. The semiannual agenda of the Department conforms to the Unified Agenda format developed by the Regulatory Information Service Center. Dated: March 20, 2009. Mary Kate Whalen, Associate General Counsel for Regulatory Affairs. U.S. Citizenship and Immigration Services—Proposed Rule Stage Sequence Number Title Regulation Identifier Number 212 Adjustment of the Immigration and Naturalization Benefit Application and Petition Fee Schedule ............................. 1615–AB80 U.S. Citizenship and Immigration Services—Completed Actions Sequence Number Title Regulation Identifier Number 213 Alternate Alien Petition Program for EB Base Immigrants Based on Approved Labor Certifications .......................... 1615–AB34 U.S. Coast Guard—Proposed Rule Stage Sequence Number Title Regulation Identifier Number 214 Standards for Living Organisms in Ships’ Ballast Water Discharged in U.S. Waters (USCG-2001-10486) ............... 1625–AA32 VerDate Nov<24>2008 07:58 May 08, 2009 Jkt 217001 PO 00000 Frm 00002 Fmt 1254 Sfmt 1254 E:\FR\FM\11MYP7.SGM 11MYP7 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda 21945 DHS U.S. Coast Guard—Proposed Rule Stage (Continued) Sequence Number Title Regulation Identifier Number 215 Commercial Fishing Industry Vessels (USCG-2003-16158) ......................................................................................... 1625–AA77 U.S. Coast Guard—Long-Term Actions Sequence Number Title Regulation Identifier Number 216 217 218 219 Claims Procedures Under the Oil Pollution Act of 1990 (USCG-2004-17697) ............................................................ Numbering of Undocumented Barges (USCG-1998-3798) .......................................................................................... Inspection of Towing Vessels (USCG-2006-24412) ..................................................................................................... Passenger Weight and Inspected Vessel Stability Requirements (USCG-2007-0030) ............................................... 1625–AA03 1625–AA14 1625–AB06 1625–AB20 U.S. Customs and Border Protection—Final Rule Stage Sequence Number Title Regulation Identifier Number 220 Importer Security Filing and Additional Carrier Requirements ..................................................................................... 1651–AA70 Transportation Security Administration—Final Rule Stage Sequence Number Title Regulation Identifier Number 221 Air Cargo Screening ...................................................................................................................................................... 1652–AA64 Transportation Security Administration—Long-Term Actions Sequence Number Title Regulation Identifier Number 222 Modification of the Aviation Security Infrastructure Fee (ASIF) (Market Share) .......................................................... 1652–AA43 U.S. Immigration and Customs Enforcement—Final Rule Stage Sequence Number Title Regulation Identifier Number 223 Electronic Signature and Storage of Form I-9, Employment Eligibility Verification ...................................................... 1653–AA47 Federal Emergency Management Agency—Proposed Rule Stage Sequence Number Title Regulation Identifier Number 224 Update of FEMA’s Public Assistance Regulations ....................................................................................................... 1660–AA51 VerDate Nov<24>2008 07:58 May 08, 2009 Jkt 217001 PO 00000 Frm 00003 Fmt 1254 Sfmt 1254 E:\FR\FM\11MYP7.SGM 11MYP7 21946 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda DHS Federal Emergency Management Agency—Completed Actions Sequence Number Title Regulation Identifier Number 225 Assistance to Firefighters Grant Program ..................................................................................................................... 1660–AA50 Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services (USCIS) 212. ∑ ADJUSTMENT OF THE IMMIGRATION AND NATURALIZATION BENEFIT APPLICATION AND PETITION FEE SCHEDULE Legal Authority: 8 USC 1356(m) Abstract: This rule will adjust the fee schedule for U.S. Citizenship and Immigration Services (USCIS) immigration and naturalization benefit applications and petitions, including nonimmigrant applications and visa petitions. These fees fund the cost of processing applications and petitions for immigration benefits and services, and USCIS’ associated operating costs. USCIS is revising these fees because the current fee schedule does not adequately recover the full costs of services provided by USCIS. Without Proposed Rule Stage an adjustment of the fee schedule, USCIS cannot provide adequate capacity to process all applications and petitions in a timely and efficient manner. The fee review is undertaken pursuant to the requirements of the Chief Financial Officers Act of 1990 (CFO Act), 31 U.S.C. 901-03. The CFO Act requires each agency’s Chief Financial Officer (CFO) to ‘‘review, on a biennial basis, the fees, royalties, rents, and other charges imposed by the agency for services and things of value it provides, and make recommendations on revising those charges to reflect costs incurred by it in providing those services and things of value.‘‘ Id. at 902(a)(8). This rule will reflect recommendations made by the DHS CFO and USCIS CFO, as required under the CFO Act. Timetable: Action Date NPRM NPRM Comment Period End Regulatory Flexibility Analysis Required: Yes Agency Contact: Rendell Jones, Chief Financial Officer, Department of Homeland Security, U.S. Citizenship and Immigration Services, 20 Massachusetts Avenue NW., Suite 4018, Washington, DC 20259 Phone: 202 272–1969 RIN: 1615–AB80 Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services (USCIS) 213. ALTERNATE ALIEN PETITION PROGRAM FOR EB BASE IMMIGRANTS BASED ON APPROVED LABOR CERTIFICATIONS Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1151; 8 USC 1153 and 1154; 8 USC 1182; 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 VerDate Nov<24>2008 07:58 May 08, 2009 Jkt 217001 Completed Actions 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. PO 00000 Frm 00004 Fmt 1254 FR Cite 10/00/09 12/00/09 Sfmt 1254 Timetable: Action Date Withdrawn FR Cite 04/16/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Sophia Cox, Department of Homeland Security, U.S. Citizenship and Immigration Services, 20 Massachusetts Avenue NW., 2nd Floor, Washington, DC 20529 Phone: 202 272–1522 Email: sophia.cox@dhs.gov RIN: 1615–AB34 E:\FR\FM\11MYP7.SGM 11MYP7 21947 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda Department of Homeland Security (DHS) U.S. Coast Guard (USCG) 214. STANDARDS FOR LIVING ORGANISMS IN SHIPS’ BALLAST WATER DISCHARGED IN U.S. WATERS (USCG–2001–10486) Legal Authority: 16 USC 4711 Abstract: This rulemaking would propose to 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, as well as costs imposed on industry. Timetable: Action Date ANPRM ANPRM Comment Period End NPRM FR Cite 03/04/02 67 FR 9632 06/03/02 08/00/09 Proposed Rule Stage Regulatory Flexibility Analysis Required: Yes Agency Contact: Bivan R. Patnaik, Project Manager, CG–5224, Department of Homeland Security, U.S. Coast Guard, 2100 Second Street SW., Washington, DC 20593–0001 Phone: 202 372–1435 Email: bivan.r.patnaik@uscg.mil RIN: 1625–AA32 215. COMMERCIAL FISHING INDUSTRY VESSELS (USCG–2003–16158) would affect vessel stability and watertight integrity, carriage of immersion suits, training, compliance documentation, and safety equipment. Timetable: Action Date ANPRM ANPRM Comment Period End NPRM Legal Authority: 46 USC 4502(a) to 4502(d); 46 USC 4505 and 4506; 46 USC 6104; 46 USC 10603; DHS Delegation No. 0170.1(92) Abstract: This rulemaking would amend commercial fishing industry vessel requirements to enhance maritime safety. The proposed changes 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 VerDate Nov<24>2008 07:58 May 08, 2009 Jkt 217001 Action Date Interim Final Rule Correction Interim Final Rule Comment Period End Supplemental NPRM FR Cite 08/12/92 57 FR 36314 09/09/92 57 FR 41104 12/10/92 To Be Determined Regulatory Flexibility Analysis Required: Yes Agency Contact: Benjamin White, Project Manager, National Pollution Funds Center, Department of Homeland Security, U.S. Coast Guard, NPFC MS 7100, United States Coast Guard, 4200 Wilson Boulevard, Arlington, VA 20598–7100 Phone: 202 493–6863 Email: benjamin.h.white@uscg.mil RIN: 1625–AA03 217. NUMBERING OF UNDOCUMENTED BARGES (USCG–1998–3798) Legal Authority: 46 USC 12301 Abstract: Title 46 U.S.C. 12301, as amended by the Abandoned Barge Act PO 00000 Frm 00005 12/00/09 Agency Contact: Jack Kemerer, Project Manager, CG–5433, Department of Homeland Security, U.S. Coast Guard, 2100 Second Street SW., Washington, DC 20593 Phone: 202 372–1249 Email: jack.a.kemerer@uscg.mil RIN: 1625–AA77 Long-Term Actions claims, as well as other OPA damages. This rulemaking supports the Coast Guard’s strategic goal of protection of natural resources. Timetable: Legal Authority: 33 USC 2713 and 2714 03/31/08 73 FR 16815 12/15/08 Regulatory Flexibility Analysis Required: Yes Department of Homeland Security (DHS) U.S. Coast Guard (USCG) 216. CLAIMS PROCEDURES UNDER THE OIL POLLUTION ACT OF 1990 (USCG–2004–17697) FR Cite Fmt 1254 Sfmt 1254 of 1992, requires that all undocumented barges of more than 100 gross tons operating on the navigable waters of the United States be numbered. This rulemaking would establish a numbering system 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 Request for 10/18/94 Comments Comment Period End 01/17/95 ANPRM 07/06/98 ANPRM Comment 11/03/98 Period End NPRM 01/11/01 NPRM Comment 04/11/01 Period End NPRM Reopening of 08/12/04 Comment Period NPRM Comment 11/10/04 Period End Next Action Undetermined FR Cite 59 FR 52646 63 FR 36384 66 FR 2385 69 FR 49844 Regulatory Flexibility Analysis Required: Yes Agency Contact: Patricia Williams, Project Manager, National Vessel E:\FR\FM\11MYP7.SGM 11MYP7 21948 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda DHS—USCG Long-Term Actions 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 Homeland Security, U.S. Coast Guard, 2100 Second Street SW., Washington, DC 20593–0001 Phone: 202 372–1415 RIN: 1625–AB06 types of passenger vessels capsizing due to either passenger overloading or operating these vessels in hazardous weather conditions. This rulemaking would support the Coast Guard’s strategic goal of maritime safety. 219. PASSENGER WEIGHT AND INSPECTED VESSEL STABILITY REQUIREMENTS (USCG–2007–0030) Legal Authority: 33 USC 1321(j); 43 USC 1333; 46 USC 2103, 2113, 3205, 3301, 3306, 3307, 3703, 5115, 6101; 49 USC App 1804; EO 11735; EO 12234; Dept of Homeland Security Delegation No 0170.1; PL 103–206, 107 Stat 2439; 49 USC App 1804; EO 11735 Abstract: The Coast Guard proposes developing a rule that addresses both the stability calculations and the environmental operating requirements for certain domestic passenger vessels. The proposed rule would address the outdated per-person weight averages that are currently used in stability calculations for certain domestic passenger vessels. In addition, the proposed rule would add environmental operating requirements for domestic passenger vessels that could be adversely affected by sudden inclement weather. This rulemaking would increase passenger safety by significantly reducing the risk of certain Timetable: 218. INSPECTION OF TOWING VESSELS (USCG–2006–24412) Legal Authority: 46 USC 3301, 46 USC 3305, 46 USC 3306, and 46 USC 3103; 46 USC 3703 [DHS Delegation No 0170.1] Abstract: This rulemaking would implement a program of inspection for certification of towing vessels, which were previously uninspected. It would prescribe standards for safety management systems and third-party entities along with standards for construction, operation, vessel systems, safety equipment, and recordkeeping. Due to the costs imposed on an entire uninspected segment of the marine industry, the Coast Guard projects that this will be an economically significant rulemaking. Timetable: Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: Dave Dolloff, Program Manager, CG–5222, Department of Action Date NPRM NPRM Comment Period End NPRM Comment Period Reopened Comment Period End NPRM Comment Period Reopened Comment Period End Final Action Legal Authority: PL 109–347, sec 203; 5 USC 301; 19 USC 66, 1431, 1433, 1434, 1624, 2071 note; 46 USC 60105 Abstract: On November 25, 2008, CBP published an interim final rule to implement the provision of section 203 of the Security and Accountability for Every Port Act of 2006. The rule requires carriers to submit a vessel stow plan and container status messages under certain scenarios where cargo containers are destined for the United States. The rule also requires importers or their agents to submit an Importer Security Filing (ISF) with eight data elements, no later than 24 hours before the cargo is laden at the foreign port and two data elements, no later than 24 hours prior to arrival in the United States. VerDate Nov<24>2008 07:58 May 08, 2009 Jkt 217001 Timetable: Action PO 00000 Frm 00006 12/08/08 73 FR 74426 02/06/09 02/18/09 74 FR 7576 03/20/09 To Be Determined Agency Contact: William Peters, Program Manager, Office of Design and Engineering Standards, Systems Engineering Division (CG–5212), Department of Homeland Security, U.S. Coast Guard, 2100 Second Street SW., Washington, DC 20593 Phone: 202 372–1371 Email: william.s.peters@uscg.mil RIN: 1625–AB20 Final Rule Stage The interim final rule included a delayed compliance date for affected importers and carriers by 12 months after date of publication. CBP is conducting a review, through June 1, 2009, to determine any specific compliance difficulties that importers and shippers may experience in submitting all ten data elements 24 hours before lading Written comments may be submitted on or before June 1, 2009, concerning the data elements for which some type of flexibility has been provided. Based on the structured review and public comment periods, CBP will conduct an analysis of the elements subject to flexibility and issue a final rule to eliminate, modify, or maintain these requirements. NPRM 08/20/08 73 FR 49244 11/18/08 Regulatory Flexibility Analysis Required: Yes Department of Homeland Security (DHS) U.S. Customs and Border Protection (USCBP) 220. IMPORTER SECURITY FILING AND ADDITIONAL CARRIER REQUIREMENTS FR Cite Date FR Cite 01/02/08 73 FR 90 Fmt 1254 Sfmt 1254 Action Date NPRM Comment Period End NPRM Comment Period Extended NPRM Comment Period End Interim Final Rule Interim Final Rule Effective Interim Final Rule Comment Period End Final Action FR Cite 03/03/08 02/01/08 73 FR 6061 03/18/08 11/25/08 73 FR 71730 01/26/09 06/01/09 12/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Richard DiNucci, Department of Homeland Security, U.S. Customs and Border Protection, Office of Field Operations, 1300 Pennsylvania Avenue, NW., Washington, DC 20229 Phone: 202 344–2513 E:\FR\FM\11MYP7.SGM 11MYP7 21949 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda DHS—USCBP Final Rule Stage Email: richard.dinucci@dhs.gov RIN: 1651–AA70 Department of Homeland Security (DHS) Transportation Security Administration (TSA) 221. AIR CARGO SCREENING Legal Authority: PL 110–53, sec 1602; 49 USC 114; 49 USC 40113; 49 USC 44901 to 44905; 49 USC 44913 to 44914; 49 USC 44916; 49 USC 44935 to 44936; 49 USC 46105 Abstract: The Transportation Security Administration (TSA) will establish the Certified Cargo Screening Program that will certify shippers, manufacturers, and other entities to screen air cargo intended for transport on a passenger aircraft. This will be the primary means through which TSA will meet the requirements of section 1602 of the Implementing Recommendations of the 9/11 Commission Act of 2007 that mandates that 100 percent of air cargo transported on passenger aircraft, operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation, must be screened by August 2010, to ensure the security of all such passenger aircraft carrying cargo. Final Rule Stage Under this rulemaking, each certified cargo screening facility (CCSF) and their employees and authorized representatives that will be screening cargo must successfully complete a security threat assessment. The CCSF must also submit to an audit of their security measures by TSA-approved auditors, screen cargo using TSAapproved methods, and initiate strict chain of custody measures to ensure the security of the cargo throughout the supply chain prior to tendering it for transport on passenger aircraft. Timetable: Phone: 571 227–3664 Email: victor.parker@dhs.gov Action Alice Crowe, Sr. Attorney, Regulations and Security Standards Division, Department of Homeland Security, Transportation Security Administration, Office of the Chief Counsel, TSA–2, HQ, E12–320N, 601 South 12th Street, Arlington, VA 20598–6002 Phone: 571 227–2652 Fax: 571 227–1379 Email: alice.crowe@dhs.gov Date Interim Final Rule FR Cite 07/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Victor Parker, Branch Chief, Air Cargo Policy & Plans, Department of Homeland Security, Transportation Security Administration, Office of Transportation Sector Network Management, TSA–28, HQ, 601 South 12th Street, Arlington, VA 20598–6028 Adam Sicking, Economist, Regulatory Development and Economic Analysis, Department of Homeland Security, Transportation Security Administration, Office of Transportation Sector Network Management, TSA–28, HQ, E10–345N, 601 South 12th Street, Arlington, VA 20598–6028 Phone: 571 227–2304 Fax: 571 227–1362 Email: adam.sicking@dhs.gov RIN: 1652–AA64 Department of Homeland Security (DHS) Transportation Security Administration (TSA) 222. MODIFICATION OF THE AVIATION SECURITY INFRASTRUCTURE FEE (ASIF) (MARKET SHARE) Legal Authority: 49 USC 44901; 49 USC 44940 Abstract: The Transportation Security Administration will revise 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; Nov. 19, 2001), codified at 49 U.S.C. 44940, authorizes TSA to change the methodology for imposing the ASIF on air carriers and foreign air carriers from VerDate Nov<24>2008 07:58 May 08, 2009 Jkt 217001 Long-Term Actions 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. 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. TSA is considering a market share methodology for implementation. PO 00000 Timetable: Action Date FR Cite Notice; Requesting 11/05/03 68 FR 62613 Comment– Imposition of the Aviation Security Infrastructure Fee (ASIF) Notice—Imposition of 01/05/04 ASIF; Comment Period End Notice—Imposition of 12/31/03 68 FR 75611 ASIF; Comment Period Extended Notice—Imposition of 02/05/04 ASIF; Extended Comment Period End Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Frm 00007 Fmt 1254 Sfmt 1254 E:\FR\FM\11MYP7.SGM 11MYP7 21950 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda DHS—TSA Long-Term Actions Agency Contact: Michael Gambone, Deputy Director, Office of Revenue, Department of Homeland Security, Transportation Security Administration, Office of Finance and Administration, TSA–14, HQ, W12–319, 601 South 12th Street, Arlington, VA 20598–6014 Phone: 571 227–1081 Fax: 571 227–2904 Email: michael.gambone@dhs.gov Nicholas (Nick) Acheson, Sr. Economist, Regulatory Development and Economic Analysis, Department of Homeland Security, Transportation Security Administration, Office of Transportation Sector Network Management, TSA–28, HQ, E10–410N, 601 South 12th Street, Arlington, VA 20598–6028 Phone: 571 227–5474 Fax: 571 227–1362 Email: nicholas.acheson@dhs.gov Linda L. Kent, Assistant Chief Counsel, Regulations and Security Standards Division, Department of Homeland Security, Transportation Security Administration, Office of the Chief Counsel, TSA–2, HQ, E12–126S, 601 South 12th Street, Arlington, VA 20598–6002 Phone: 571 227–2675 Fax: 571 227–1381 Email: linda.kent@dhs.gov RIN: 1652–AA43 Department of Homeland Security (DHS) U.S. Immigration and Customs Enforcement (USICE) 223. ELECTRONIC SIGNATURE AND STORAGE OF FORM I–9, EMPLOYMENT ELIGIBILITY VERIFICATION Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1324a; 8 CFR 2 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 Final Rule Stage 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. Action Timetable: Agency Contact: Allan Vanscoy, Department of Homeland Security, U.S. Immigration and Customs Enforcement, 500 12th Street SW., Washington, DC 20025 Phone: 202 732–5798 Action Date Interim Final Rule Interim Final Rule Effective FR Cite 06/15/06 71 FR 34510 06/15/06 Date Interim Final Rule Comment Period End Final Rule Legal Authority: 42 USC 5121–5207 Abstract: This proposed rule would revise the Federal Emergency Management Agency’s Public Assistance program regulations. Many of these changes reflect amendments made to the Robert T. Stafford Disaster Relief and Emergency Assistance Act by the Post-Katrina Emergency Management Reform Act of 2006 and the Security and Accountability For Every Port Act of 2006. The proposed rule also proposes a few further VerDate Nov<24>2008 07:58 May 08, 2009 Jkt 217001 08/14/06 07/00/09 Regulatory Flexibility Analysis Required: Yes RIN: 1653–AA47 Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA) 224. UPDATE OF FEMA’S PUBLIC ASSISTANCE REGULATIONS FR Cite Proposed Rule Stage substantive and nonsubstantive clarifications and corrections to the Public Assistance regulations. This proposed rule is intended to improve the efficiency and consistency of the Public Assistance Program, as well as implement new statutory authority by expanding Federal assistance, providing for precautionary evacuations, improving the Project Worksheet process, empowering grantees, and improving State Administrative Plans. Timetable: Action Date NPRM 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: james.walke@dhs.gov RIN: 1660–AA51 08/00/09 PO 00000 Frm 00008 Fmt 1254 Sfmt 1254 FR Cite Regulatory Flexibility Analysis Required: Yes E:\FR\FM\11MYP7.SGM 11MYP7 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA) 225. ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM Legal Authority: 15 USC 2229, Federal Fire Prevention and Control Act of 1974, as amended Abstract: FEMA would update existing guidance on grants made directly to fire departments and non-affiliated emergency medical service (EMS) organizations of a State. The purpose of the grants is to enhance these organizations’ ability to protect both the VerDate Nov<24>2008 07:58 May 08, 2009 Jkt 217001 Completed Actions health and safety of the public and that of firefighting personnel facing fire and fire-related hazards. Grants are also made to eligible organizations and fire departments for the purpose of fire prevention and firefighter safety research activities. Timetable: Action Withdrawn Date FR Cite Frm 00009 Fmt 1254 Sfmt 1254 Agency Contact: Brian Cowan, Director, Assistance to Firefighters Program Office, Department of Homeland Security, Federal Emergency Management Agency, 800 K Street, NW., Washington, DC 20472–3620 Phone: 866 274–0960 Fax: 202 786–9938 Email: firegrants@dhs.gov RIN: 1660–AA50 02/11/09 Regulatory Flexibility Analysis Required: Yes PO 00000 21951 [FR Doc. E9–10269 Filed 05–08–09; 8:45 am] BILLING CODE 9110–9B–S E:\FR\FM\11MYP7.SGM 11MYP7

Agencies

[Federal Register Volume 74, Number 89 (Monday, May 11, 2009)]
[Unknown Section]
[Pages 21943-21951]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10269]


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Part VII





Department of Homeland Security





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Semiannual Regulatory Agenda

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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. DHS expects 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 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. DHS' last 
semiannual regulatory agenda was published on Novemeber 24, 2008, at 73 
FR 71378.

    Beginning with the fall 2007 edition, the Internet will be the 
basic means for disseminating the Unified Agenda. The complete 
Unified Agenda will be available online at www.reginfo.gov, in a 
format that offers users a greatly enhanced ability to obtain 
information from the Agenda database.

    Because publication in the Federal Register is mandated for the 
regulatory flexibility agendas required by the Regulatory 
Flexibility Act (5 U.S.C. 602), DHS' printed agenda entries include 
regulatory actions that are in the Department's regulatory 
flexibility agenda, in accordance with the Regulatory Flexibility 
Act, because they are likely to have a significant economic impact 
on a substantial number of small entities. Printing of these 
entries is limited to fields that contain information required by 
the Regulatory Flexibility Act's Agenda requirements. Additional 
information on these entries is available in the Unified Agenda 
published on the Internet. In addition, for fall editions of the 
Agenda, the entire regulatory plan will continue to be printed in 
the Federal Register, as in past years, including DHS' regulatory 
plan.

    In September 2005, DHS joined the Environmental Protection 
Agency Federal Partner online electronic Federal Docket Management 
System (FDMS) located at www.regulations.gov; with the exception of 
the Coast Guard and TSA, who remained with the Department of 
Transportation's (DOT) electronic Docketing Management System. 
Effective October 1, 2007, the Coast Guard and TSA have fully 
migrated to FDMS, ensuring that all DHS regulatory actions subject 
to public comment are now available on www.regulations.gov.

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

Dated: March 20, 2009.

 Mary Kate Whalen,

Associate General Counsel for Regulatory Affairs.

                         U.S. Citizenship and Immigration Services--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
212         Adjustment of the Immigration and Naturalization Benefit Application and Petition Fee     1615-AB80
            Schedule..............................................................................
----------------------------------------------------------------------------------------------------------------


                          U.S. Citizenship and Immigration Services--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
213         Alternate Alien Petition Program for EB Base Immigrants Based on Approved Labor           1615-AB34
            Certifications........................................................................
----------------------------------------------------------------------------------------------------------------


                                      U.S. Coast Guard--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
214         Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters (USCG-   1625-AA32
            2001-10486)...........................................................................

[[Page 21945]]

 
215         Commercial Fishing Industry Vessels (USCG-2003-16158).................................    1625-AA77
----------------------------------------------------------------------------------------------------------------


                                       U.S. Coast Guard--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
216         Claims Procedures Under the Oil Pollution Act of 1990 (USCG-2004-17697)...............    1625-AA03
217         Numbering of Undocumented Barges (USCG-1998-3798).....................................    1625-AA14
218         Inspection of Towing Vessels (USCG-2006-24412)........................................    1625-AB06
219         Passenger Weight and Inspected Vessel Stability Requirements (USCG-2007-0030).........    1625-AB20
----------------------------------------------------------------------------------------------------------------


                              U.S. Customs and Border Protection--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
220         Importer Security Filing and Additional Carrier Requirements..........................    1651-AA70
----------------------------------------------------------------------------------------------------------------


                            Transportation Security Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
221         Air Cargo Screening...................................................................    1652-AA64
----------------------------------------------------------------------------------------------------------------


                            Transportation Security Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
222         Modification of the Aviation Security Infrastructure Fee (ASIF) (Market Share)........    1652-AA43
----------------------------------------------------------------------------------------------------------------


                           U.S. Immigration and Customs Enforcement--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
223         Electronic Signature and Storage of Form I-9, Employment Eligibility Verification.....    1653-AA47
----------------------------------------------------------------------------------------------------------------


                            Federal Emergency Management Agency--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
224         Update of FEMA's Public Assistance Regulations........................................    1660-AA51
----------------------------------------------------------------------------------------------------------------


[[Page 21946]]


                             Federal Emergency Management Agency--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
225         Assistance to Firefighters Grant Program..............................................    1660-AA50
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


Department of Homeland Security (DHS)               Proposed Rule Stage


U.S. Citizenship and Immigration Services (USCIS)



_______________________________________________________________________



212.  ADJUSTMENT OF THE IMMIGRATION AND NATURALIZATION 
BENEFIT APPLICATION AND PETITION FEE SCHEDULE

Legal Authority: 8 USC 1356(m)

Abstract: This rule will adjust the fee schedule for U.S. Citizenship 
and Immigration Services (USCIS) immigration and naturalization benefit 
applications and petitions, including nonimmigrant applications and 
visa petitions. These fees fund the cost of processing applications and 
petitions for immigration benefits and services, and USCIS' associated 
operating costs. USCIS is revising these fees because the current fee 
schedule does not adequately recover the full costs of services 
provided by USCIS. Without an adjustment of the fee schedule, USCIS 
cannot provide adequate capacity to process all applications and 
petitions in a timely and efficient manner. The fee review is 
undertaken pursuant to the requirements of the Chief Financial Officers 
Act of 1990 (CFO Act), 31 U.S.C. 901-03. The CFO Act requires each 
agency's Chief Financial Officer (CFO) to ``review, on a biennial 
basis, the fees, royalties, rents, and other charges imposed by the 
agency for services and things of value it provides, and make 
recommendations on revising those charges to reflect costs incurred by 
it in providing those services and things of value.`` Id. at 902(a)(8). 
This rule will reflect recommendations made by the DHS CFO and USCIS 
CFO, as required under the CFO Act.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/09
NPRM Comment Period End         12/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Rendell Jones, Chief Financial Officer, Department of 
Homeland Security, U.S. Citizenship and Immigration Services, 20 
Massachusetts Avenue NW., Suite 4018, Washington, DC 20259
Phone: 202 272-1969

RIN: 1615-AB80
_______________________________________________________________________


Department of Homeland Security (DHS)                 Completed Actions


U.S. Citizenship and Immigration Services (USCIS)



_______________________________________________________________________



213. ALTERNATE ALIEN PETITION PROGRAM FOR EB BASE IMMIGRANTS BASED ON 
APPROVED LABOR CERTIFICATIONS

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

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

________________________________________________________________________

Withdrawn                       04/16/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Sophia Cox, Department of Homeland Security, U.S. 
Citizenship and Immigration Services, 20 Massachusetts Avenue NW., 2nd 
Floor, Washington, DC 20529
Phone: 202 272-1522
Email: sophia.cox@dhs.gov

RIN: 1615-AB34

[[Page 21947]]

_______________________________________________________________________


Department of Homeland Security (DHS)               Proposed Rule Stage


U.S. Coast Guard (USCG)



_______________________________________________________________________



214. STANDARDS FOR LIVING ORGANISMS IN SHIPS' BALLAST WATER DISCHARGED 
IN U.S. WATERS (USCG-2001-10486)

Legal Authority: 16 USC 4711

Abstract: This rulemaking would propose to 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, as 
well as costs imposed on industry.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           03/04/02                     67 FR 9632
ANPRM Comment Period End        06/03/02
NPRM                            08/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Bivan R. Patnaik, Project Manager, CG-5224, Department 
of Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 372-1435
Email: bivan.r.patnaik@uscg.mil

RIN: 1625-AA32
_______________________________________________________________________



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

Legal Authority: 46 USC 4502(a) to 4502(d); 46 USC 4505 and 4506; 46 
USC 6104; 46 USC 10603; DHS Delegation No. 0170.1(92)

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

________________________________________________________________________

ANPRM                           03/31/08                    73 FR 16815
ANPRM Comment Period End        12/15/08
NPRM                            12/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Jack Kemerer, Project Manager, CG-5433, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593
Phone: 202 372-1249
Email: jack.a.kemerer@uscg.mil

RIN: 1625-AA77
_______________________________________________________________________


Department of Homeland Security (DHS)                 Long-Term Actions


U.S. Coast Guard (USCG)



_______________________________________________________________________



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

Legal Authority: 33 USC 2713 and 2714

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 Final Rule              08/12/92                    57 FR 36314
Correction                      09/09/92                    57 FR 41104
Interim Final Rule Comment 
Period End                      12/10/92
Supplemental NPRM                To Be                       Determined

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Benjamin White, Project Manager, National Pollution 
Funds Center, Department of Homeland Security, U.S. Coast Guard, NPFC 
MS 7100, United States Coast Guard, 4200 Wilson Boulevard, Arlington, 
VA 20598-7100
Phone: 202 493-6863
Email: benjamin.h.white@uscg.mil

RIN: 1625-AA03
_______________________________________________________________________



217. NUMBERING OF UNDOCUMENTED BARGES (USCG-1998-3798)

Legal Authority: 46 USC 12301

Abstract: Title 46 U.S.C. 12301, as amended by the Abandoned Barge Act 
of 1992, requires that all undocumented barges of more than 100 gross 
tons operating on the navigable waters of the United States be 
numbered. This rulemaking would establish a numbering system 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: Yes

Agency Contact: Patricia Williams, Project Manager, National Vessel

[[Page 21948]]

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
_______________________________________________________________________



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

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

Abstract: This rulemaking would implement a program of inspection for 
certification of towing vessels, which were previously uninspected. It 
would prescribe standards for safety management systems and third-party 
entities along with standards for construction, operation, vessel 
systems, safety equipment, and recordkeeping. Due to the costs imposed 
on an entire uninspected segment of the marine industry, the Coast 
Guard projects that this will be an economically significant 
rulemaking.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Dave Dolloff, Program Manager, CG-5222, Department of 
Homeland Security, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 372-1415

RIN: 1625-AB06
_______________________________________________________________________



219. PASSENGER WEIGHT AND INSPECTED VESSEL STABILITY REQUIREMENTS (USCG-
2007-0030)

Legal Authority: 33 USC 1321(j); 43 USC 1333; 46 USC 2103, 2113, 3205, 
3301, 3306, 3307, 3703, 5115, 6101; 49 USC App 1804; EO 11735; EO 
12234; Dept of Homeland Security Delegation No 0170.1; PL 103-206, 107 
Stat 2439; 49 USC App 1804; EO 11735

Abstract: The Coast Guard proposes developing a rule that addresses 
both the stability calculations and the environmental operating 
requirements for certain domestic passenger vessels. The proposed rule 
would address the outdated per-person weight averages that are 
currently used in stability calculations for certain domestic passenger 
vessels. In addition, the proposed rule would add environmental 
operating requirements for domestic passenger vessels that could be 
adversely affected by sudden inclement weather. This rulemaking would 
increase passenger safety by significantly reducing the risk of certain 
types of passenger vessels capsizing due to either passenger 
overloading or operating these vessels in hazardous weather conditions. 
This rulemaking would support the Coast Guard's strategic goal of 
maritime safety.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/20/08                    73 FR 49244
NPRM Comment Period End         11/18/08
NPRM Comment Period Reopened    12/08/08                    73 FR 74426
Comment Period End              02/06/09
NPRM Comment Period Reopened    02/18/09                     74 FR 7576
Comment Period End              03/20/09
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: Yes

Agency Contact: William Peters, Program Manager, Office of Design and 
Engineering Standards, Systems Engineering Division (CG-5212), 
Department of Homeland Security, U.S. Coast Guard, 2100 Second Street 
SW., Washington, DC 20593
Phone: 202 372-1371
Email: william.s.peters@uscg.mil

RIN: 1625-AB20
_______________________________________________________________________


Department of Homeland Security (DHS)                  Final Rule Stage


U.S. Customs and Border Protection (USCBP)



_______________________________________________________________________



220. IMPORTER SECURITY FILING AND ADDITIONAL CARRIER REQUIREMENTS

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

Abstract: On November 25, 2008, CBP published an interim final rule to 
implement the provision of section 203 of the Security and 
Accountability for Every Port Act of 2006. The rule requires carriers 
to submit a vessel stow plan and container status messages under 
certain scenarios where cargo containers are destined for the United 
States. The rule also requires importers or their agents to submit an 
Importer Security Filing (ISF) with eight data elements, no later than 
24 hours before the cargo is laden at the foreign port and two data 
elements, no later than 24 hours prior to arrival in the United States.
The interim final rule included a delayed compliance date for affected 
importers and carriers by 12 months after date of publication. CBP is 
conducting a review, through June 1, 2009, to determine any specific 
compliance difficulties that importers and shippers may experience in 
submitting all ten data elements 24 hours before lading Written 
comments may be submitted on or before June 1, 2009, concerning the 
data elements for which some type of flexibility has been provided. 
Based on the structured review and public comment periods, CBP will 
conduct an analysis of the elements subject to flexibility and issue a 
final rule to eliminate, modify, or maintain these requirements.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/02/08                       73 FR 90
NPRM Comment Period End         03/03/08
NPRM Comment Period Extended    02/01/08                     73 FR 6061
NPRM Comment Period End         03/18/08
Interim Final Rule              11/25/08                    73 FR 71730
Interim Final Rule Effective    01/26/09
Interim Final Rule Comment 
Period End                      06/01/09
Final Action                    12/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Richard DiNucci, Department of Homeland Security, U.S. 
Customs and Border Protection, Office of Field Operations, 1300 
Pennsylvania Avenue, NW., Washington, DC 20229
Phone: 202 344-2513

[[Page 21949]]

Email: richard.dinucci@dhs.gov

RIN: 1651-AA70
_______________________________________________________________________


Department of Homeland Security (DHS)                  Final Rule Stage


Transportation Security Administration (TSA)



_______________________________________________________________________



221. AIR CARGO SCREENING

Legal Authority: PL 110-53, sec 1602; 49 USC 114; 49 USC 40113; 49 USC 
44901 to 44905; 49 USC 44913 to 44914; 49 USC 44916; 49 USC 44935 to 
44936; 49 USC 46105

Abstract: The Transportation Security Administration (TSA) will 
establish the Certified Cargo Screening Program that will certify 
shippers, manufacturers, and other entities to screen air cargo 
intended for transport on a passenger aircraft. This will be the 
primary means through which TSA will meet the requirements of section 
1602 of the Implementing Recommendations of the 9/11 Commission Act of 
2007 that mandates that 100 percent of air cargo transported on 
passenger aircraft, operated by an air carrier or foreign air carrier 
in air transportation or intrastate air transportation, must be 
screened by August 2010, to ensure the security of all such passenger 
aircraft carrying cargo.
Under this rulemaking, each certified cargo screening facility (CCSF) 
and their employees and authorized representatives that will be 
screening cargo must successfully complete a security threat 
assessment. The CCSF must also submit to an audit of their security 
measures by TSA-approved auditors, screen cargo using TSA-approved 
methods, and initiate strict chain of custody measures to ensure the 
security of the cargo throughout the supply chain prior to tendering it 
for transport on passenger aircraft.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              07/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Victor Parker, Branch Chief, Air Cargo Policy & Plans, 
Department of Homeland Security, Transportation Security 
Administration, Office of Transportation Sector Network Management, 
TSA-28, HQ, 601 South 12th Street, Arlington, VA 20598-6028
Phone: 571 227-3664
Email: victor.parker@dhs.gov

Adam Sicking, Economist, Regulatory Development and Economic Analysis, 
Department of Homeland Security, Transportation Security 
Administration, Office of Transportation Sector Network Management, 
TSA-28, HQ, E10-345N, 601 South 12th Street, Arlington, VA 20598-6028
Phone: 571 227-2304
Fax: 571 227-1362
Email: adam.sicking@dhs.gov

Alice Crowe, Sr. Attorney, Regulations and Security Standards Division, 
Department of Homeland Security, Transportation Security 
Administration, Office of the Chief Counsel, TSA-2, HQ, E12-320N, 601 
South 12th Street, Arlington, VA 20598-6002
Phone: 571 227-2652
Fax: 571 227-1379
Email: alice.crowe@dhs.gov

RIN: 1652-AA64
_______________________________________________________________________


Department of Homeland Security (DHS)                 Long-Term Actions


Transportation Security Administration (TSA)



_______________________________________________________________________



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

Legal Authority: 49 USC 44901; 49 USC 44940

Abstract: The Transportation Security Administration will revise 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; Nov. 19, 2001), codified at 49 U.S.C. 
44940, 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. 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. TSA is considering a 
market share methodology for implementation.

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


Next Action Undetermined

Regulatory Flexibility Analysis Required: Yes

[[Page 21950]]

Agency Contact: Michael Gambone, Deputy Director, Office of Revenue, 
Department of Homeland Security, Transportation Security 
Administration, Office of Finance and Administration, TSA-14, HQ, W12-
319, 601 South 12th Street, Arlington, VA 20598-6014
Phone: 571 227-1081
Fax: 571 227-2904
Email: michael.gambone@dhs.gov

Nicholas (Nick) Acheson, Sr. Economist, Regulatory Development and 
Economic Analysis, Department of Homeland Security, Transportation 
Security Administration, Office of Transportation Sector Network 
Management, TSA-28, HQ, E10-410N, 601 South 12th Street, Arlington, VA 
20598-6028
Phone: 571 227-5474
Fax: 571 227-1362
Email: nicholas.acheson@dhs.gov

Linda L. Kent, Assistant Chief Counsel, Regulations and Security 
Standards Division, Department of Homeland Security, Transportation 
Security Administration, Office of the Chief Counsel, TSA-2, HQ, E12-
126S, 601 South 12th Street, Arlington, VA 20598-6002
Phone: 571 227-2675
Fax: 571 227-1381
Email: linda.kent@dhs.gov

RIN: 1652-AA43
_______________________________________________________________________


Department of Homeland Security (DHS)                  Final Rule Stage


U.S. Immigration and Customs Enforcement (USICE)



_______________________________________________________________________



223. ELECTRONIC SIGNATURE AND STORAGE OF FORM I-9, EMPLOYMENT 
ELIGIBILITY VERIFICATION

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1324a; 8 CFR 2

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
Final Rule                      07/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Allan Vanscoy, Department of Homeland Security, U.S. 
Immigration and Customs Enforcement, 500 12th Street SW., Washington, 
DC 20025
Phone: 202 732-5798

RIN: 1653-AA47
_______________________________________________________________________


Department of Homeland Security (DHS)               Proposed Rule Stage


Federal Emergency Management Agency (FEMA)



_______________________________________________________________________



224. UPDATE OF FEMA'S PUBLIC ASSISTANCE REGULATIONS

Legal Authority: 42 USC 5121-5207

Abstract: This proposed rule would revise the Federal Emergency 
Management Agency's Public Assistance program regulations. Many of 
these changes reflect amendments made to the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act by the Post-Katrina 
Emergency Management Reform Act of 2006 and the Security and 
Accountability For Every Port Act of 2006. The proposed rule also 
proposes a few further substantive and nonsubstantive clarifications 
and corrections to the Public Assistance regulations. This proposed 
rule is intended to improve the efficiency and consistency of the 
Public Assistance Program, as well as implement new statutory authority 
by expanding Federal assistance, providing for precautionary 
evacuations, improving the Project Worksheet process, empowering 
grantees, and improving State Administrative Plans.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/09

Regulatory Flexibility Analysis Required: Yes

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: james.walke@dhs.gov

RIN: 1660-AA51

[[Page 21951]]

_______________________________________________________________________


Department of Homeland Security (DHS)                 Completed Actions


Federal Emergency Management Agency (FEMA)



_______________________________________________________________________



225. ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM

Legal Authority: 15 USC 2229, Federal Fire Prevention and Control Act 
of 1974, as amended

Abstract: FEMA would update existing guidance on grants made directly 
to fire departments and non-affiliated emergency medical service (EMS) 
organizations of a State. The purpose of the grants is to enhance these 
organizations' ability to protect both the health and safety of the 
public and that of firefighting personnel facing fire and fire-related 
hazards. Grants are also made to eligible organizations and fire 
departments for the purpose of fire prevention and firefighter safety 
research activities.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       02/11/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Brian Cowan, Director, Assistance to Firefighters 
Program Office, Department of Homeland Security, Federal Emergency 
Management Agency, 800 K Street, NW., Washington, DC 20472-3620
Phone: 866 274-0960
Fax: 202 786-9938
Email: firegrants@dhs.gov

RIN: 1660-AA50
[FR Doc. E9-10269 Filed 05-08-09; 8:45 am]
BILLING CODE 9110-9B-S