Unified Agenda of Federal Regulatory and Deregulatory Actions, 66822-66829 [2024-16453]
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Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / UA: Reg Flex Agenda
Regulatory Affairs Law Division, Office
of the General Counsel, U.S. Department
of Homeland Security, 2707 Martin
Luther King Jr. Avenue SE, Mail Stop
0485, Washington, DC 20528–0485.
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
Office of the Secretary, DHS.
Semiannual Regulatory Agenda.
AGENCY:
ACTION:
This regulatory agenda is a
semiannual summary of projected
regulations, existing regulations, and
completed actions of the Department of
Homeland Security (DHS) and its
components. This agenda provides the
public with information about DHS’s
regulatory and deregulatory activity.
DHS expects that this information will
enable the public to be more aware of,
and effectively participate in, the
Department’s regulatory and
deregulatory activity. DHS invites the
public to submit comments on any
aspect of this agenda.
FOR FURTHER INFORMATION CONTACT:
SUMMARY:
General
Please direct general comments and
inquiries on the agenda to the
Specific
Please direct specific comments and
inquiries on individual actions
identified in this agenda to the
individual listed in the summary
portion as the point of contact for that
action.
SUPPLEMENTARY INFORMATION: DHS
provides this notice pursuant to the
requirements of the Regulatory
Flexibility Act (Pub. L. 96–354, Sept. 19,
1980) and Executive Order 12866
‘‘Regulatory Planning and Review’’
(Sept. 30, 1993) as incorporated in
Executive Order 13563 ‘‘Improving
Regulation and Regulatory Review’’
(Jan. 18, 2011), which require the
Department to publish a semiannual
agenda of regulations. The regulatory
agenda is a summary of existing and
projected regulations as well as actions
completed since the publication of the
last regulatory agenda for the
Department. DHS’s last semiannual
regulatory agenda was published online
on December 6, 2023, at https://
www.reginfo.gov/public/do/
eAgendaMain.
Beginning in fall 2007, the internet
became the basic means for
disseminating the Unified Agenda. The
complete Unified Agenda is available
online at www.reginfo.gov.
The Regulatory Flexibility Act (5
U.S.C. 602) requires Federal agencies to
publish their regulatory flexibility
agendas in the Federal Register. A
regulatory flexibility agenda shall
contain, among other things, a brief
description of the subject area of any
rule which is likely to have a significant
economic impact on a substantial
number of small entities. DHS’s printed
agenda entries include regulatory
actions that are in the Department’s
regulatory flexibility agenda. Printing of
these entries is limited to fields that
contain information required by the
agenda provisions of the Regulatory
Flexibility Act. Additional information
on these entries is available in the
Unified Agenda published on the
internet.
The semiannual agenda of the
Department conforms to the Unified
Agenda format developed by the
Regulatory Information Service Center.
Christina E. McDonald,
Associate General Counsel for Regulatory
Affairs.
U.S. CITIZENSHIP AND IMMIGRATION SERVICES—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
116 ....................
Modernizing Regulations Governing Nonimmigrant Workers ..........................................................................
1615–AC88
U.S. CITIZENSHIP AND IMMIGRATION SERVICES—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
117 ....................
Modernizing H–1B Requirements and Oversight, Providing Flexibility in the F–1 Program, and Program
Improvements Affecting Other Nonimmigrant Workers.
Modernizing H–2 Program Requirements, Oversight, and Worker Protections ..............................................
118 ....................
1615–AC70
1615–AC76
U.S. CITIZENSHIP AND IMMIGRATION SERVICES—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
119 ....................
Petition for Immigrant Worker Reforms ...........................................................................................................
1615–AC85
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U.S. CITIZENSHIP AND IMMIGRATION SERVICES—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
120 ....................
U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements.
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U.S. COAST GUARD—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
121 ....................
122 ....................
123 ....................
Claims Procedures Under the Oil Pollution Act of 1990 .................................................................................
Safety Management Systems for Domestic Passenger Vessels ....................................................................
Implementation of Training Requirements for Personnel Serving on U.S.-Flagged Passenger Ships That
Carry More than 12 Passengers on International Voyages.
MARPOL Annex VI; Prevention of Air Pollution From Ships ..........................................................................
124 ....................
1625–AA03
1625–AC65
1625–AC68
1625–AC78
U.S. COAST GUARD—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
125 ....................
126 ....................
127 ....................
Commercial Fishing Vessels—Implementation of 2010 and 2012 Legislation ...............................................
Lifejacket Approval Harmonization ..................................................................................................................
Cybersecurity in the Marine Transportation System .......................................................................................
1625–AB85
1625–AC62
1625–AC77
U.S. COAST GUARD—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
128 ....................
User Fees for Inspected Towing Vessels ........................................................................................................
1625–AC55
U.S. CUSTOMS AND BORDER PROTECTION—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
129 ....................
Automated Commercial Environment (ACE) Electronic Export Manifest For Vessel Cargo ..........................
1651–AB59
TRANSPORTATION SECURITY ADMINISTRATION—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
130 ....................
131 ....................
Vetting of Certain Surface Transportation Employees ....................................................................................
Amending Vetting Requirements for Employees With Access to a Security Identification Display Area
(SIDA).
1652–AA69
1652–AA70
FEDERAL EMERGENCY MANAGEMENT AGENCY—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
132 ....................
Updates to Floodplain Management and Protection of Wetlands Regulations to Implement the Federal
Flood Risk Management Standard.
1660–AB12
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CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
133 ....................
Ammonium Nitrate Security Program ..............................................................................................................
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DEPARTMENT OF HOMELAND
SECURITY (DHS)
U.S. Citizenship and Immigration
Services (USCIS)
Proposed Rule Stage
116. Modernizing Regulations
Governing Nonimmigrant Workers
[1615–AC88]
Legal Authority: 8 U.S.C. 1101; 8
U.S.C. 1184; 8 U.S.C. 1324a
Abstract: The Department of
Homeland Security (DHS) proposes to
amend its regulations governing certain
nonimmigrant workers. The proposed
changes include updating the
employment authorization rules
regarding dependent spouses of certain
nonimmigrants; increasing flexibilities
for certain nonimmigrant workers,
including those who resign or are
terminated from employment, and
religious workers who have reached
their maximum period of stay or are
waiting for immigrant visas to become
available; and modernizing policies and
procedures for Employment
Authorization Documents.
Timetable:
Action
Date
NPRM ..................
FR Cite
01/00/25
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Mark Phillips,
Residence and Naturalization Division
Chief, Department of Homeland
Security, U.S. Citizenship and
Immigration Services, Office of Policy
and Strategy, 5900 Capital Gateway
Drive, Suite 4S190, Camp Springs, MD
20588–0009, Phone: 240 721–3000.
RIN: 1615–AC88
regulations governing H–1B specialty
occupation workers and F–1 students
who are the beneficiaries of timely filed
H–1B cap-subject petitions. Specifically,
DHS proposed to revise the regulations
relating to definition of ‘‘specialty
occupation’’ and the ‘‘employeremployee relationship’’; provide
flexibility for start-up entrepreneurs;
implement new requirements and
guidelines for H–1B site visits; provide
flexibility on the employment start date
listed on the petition (in limited
circumstances); address ‘‘cap-gap’’
issues; bolster the H–1B registration
process to reduce the possibility of
misuse and fraud in the H–1B
registration system; modernize cap
exemptions; clarify the requirement that
an amended or new petition be filed
where there are material changes; and
codify USCIS’ deference policy and
requirement of maintenance of status for
all employment-based nonimmigrant
classifications that use Form I–129,
among other provisions. The October
23, 2023 NPRM was informed by public
comments USCIS received in response
to a Request for Public Input that
published on April 19, 2021.
On February 2, 2024, DHS published
a final rule, 89 FR 7456, implementing
a beneficiary centric selection process
for H–1B registrations, as well as
additional integrity measures and
flexibilities related to H–1B registration.
DHS continues to consider the
suggestions made in public comments
received as they relate to the other
proposed provisions discussed in the
October 23, 2023 NPRM, and intends to
finalize the remaining provisions in one
or more actions.
Timetable:
Action
DEPARTMENT OF HOMELAND
SECURITY (DHS)
U.S. Citizenship and Immigration
Services (USCIS)
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Final Rule Stage
117. Modernizing H–1B Requirements
and Oversight, Providing Flexibility in
the F–1 Program, and Program
Improvements Affecting Other
Nonimmigrant Workers [1615–AC70]
Legal Authority: 6 U.S.C. 101, 112 and
202; 8 U.S.C. 1101(a)(15)(F) and
(H)(i)(b), 1103(a)(3), 1184(a), (c), (g); and
(i) and 1357(b). . . . ; . . .
Abstract: On October 23, 2023, the
Department of Homeland Security
(DHS) published a notice of proposed
rulemaking (NPRM or proposed rule) 88
FR 72870 that proposed to amend its
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NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
Final Action .........
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Legal Authority: 6 U.S.C. 202, 8 U.S.C.
secs. 1101(a)(15)(H)(ii)(a) and
(b);1103(a)(3), 1184(a), (c) and (g),
1324a, 1225; 1357
Abstract: On September 20, 2023,
DHS published a notice of proposed
rulemaking (NPRM) which proposed
several changes to modernize and
reform the H–2A and H–2B
nonimmigrant worker programs. Many
of the proposals contained in the NPRM
were informed by public feedback
USCIS received in response to its April
19, 2021 Request for Public Input.
Specifically, the NPRM incorporated
new policies that if finalized would
produce program efficiencies, address
current aspects of the program that may
unintentionally result in exploitation or
other abuse of persons seeking to come
to this country as H–2A and H–2B
workers, build upon existing protections
against prohibited payments or other
assessment of fees and/or salary
deductions by H–2A and H–2B
employers in connection with
recruitment and/or H–2 employment,
and otherwise add protections for
workers. DHS did not propose any
changes that would revise the temporary
labor certification process or the
regulations contained in 20 CFR part
655 or 29 CFR part 501 and 503. The
public comment period closed
November 20, 2023, and DHS is
continuing to review the comments
received during the comment period
and in accordance with the instructions
contained in the NPRM.
Timetable:
FR Cite
Action
10/23/23
12/22/23
88 FR 72870
02/02/24
03/06/24
89 FR 7456
NPRM ..................
NPRM Comment
Period End.
Final Action .........
12/00/24
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Charles Nimick,
Chief, Business and Foreign Workers
Division, Office of Policy and Strategy,
Department of Homeland Security, U.S.
Citizenship and Immigration Services,
5900 Capital Gateway Drive, Suite
4S190, Camp Springs, MD 20588–0009,
Phone: 240 721–3000.
RIN: 1615–AC70
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118. Modernizing H–2 Program
Requirements, Oversight, and Worker
Protections [1615–AC76]
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Date
09/20/23
11/20/23
FR Cite
88 FR 65040
11/00/24
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Charles Nimick,
Chief, Business and Foreign Workers
Division, Office of Policy and Strategy,
Department of Homeland Security, U.S.
Citizenship and Immigration Services,
5900 Capital Gateway Drive, Suite
4S190, Camp Springs, MD 20588–0009,
Phone: 240 721–3000.
RIN: 1615–AC76
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DEPARTMENT OF HOMELAND
SECURITY (DHS)
DEPARTMENT OF HOMELAND
SECURITY (DHS)
U.S. Citizenship and Immigration
Services (USCIS)
U.S. Citizenship and Immigration
Services (USCIS)
Long-Term Actions
Completed Actions
119. Petition for Immigrant Worker
Reforms [1615–AC85]
120. U.S. Citizenship and Immigration
Services Fee Schedule and Changes to
Certain Other Immigration Benefit
Request Requirements [1615–AC68]
Legal Authority: 8 U.S.C. 1356(m), (n)
Abstract: On January 31, 2024, the
Department of Homeland Security
(DHS) published a final rule, 89 FR
6194, that adjusted the fees charged by
U.S. Citizenship and Immigration
Services (USCIS) for immigration and
naturalization benefit requests. The rule
rescinds and replaces the changes made
by an August 3, 2020, rule and
establishes new USCIS fees to recover
USCIS operating costs. This rule also
provides additional fee exemptions for
certain humanitarian categories and
makes changes to certain other
immigration benefit request
requirements.
Timetable:
Legal Authority: 6 U.S.C. 112; 8 U.S.C.
1103(a); 8 U.S.C. 1153(b); 8 U.S.C.
1154(a)(1)(E) and (F); 8 U.S.C.
1182(a)(5)(C) and (r)
Abstract: The Department of
Homeland Security (DHS) is proposing
to amend its regulations governing
employment-based immigrant petitions
in the first, second, and third preference
classifications. Petitions for these
classifications are filed by employers, or
in certain cases by noncitizens on their
own behalf, to bring talent and skills to
the United States. The proposed rule
would, if finalized, codify current
policy guidance and implement
administrative decisions regarding
successorship-in-interest and ability to
pay; update provisions governing
extraordinary ability and outstanding
professors and researchers; modernize
outdated provisions for individuals of
extraordinary ability and outstanding
professors and researchers; clarify
evidentiary requirements for first
preference classifications, second
preference national interest waiver
(NIW) classifications, and physicians of
national and international renown;
implement reforms to ensure the
integrity of the I–140 program; and
correct errors and omissions.
Timetable:
Action
Date
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NPRM ..................
FR Cite
06/00/25
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Charles Nimick,
Chief, Business and Foreign Workers
Division, Office of Policy and Strategy,
Department of Homeland Security, U.S.
Citizenship and Immigration Services,
5900 Capital Gateway Drive, Suite
4S190, Camp Springs, MD 20588–0009,
Phone: 240 721–3000.
RIN: 1615–AC85
Action
Date
NPRM ..................
NPRM Correction
NPRM Comment
Period End.
NPRM Comment
Period Extended.
NPRM Comment
Period Extended End.
Final Rule ............
Final Rule; Correction.
Final Rule Effective.
FR Cite
01/04/23
01/09/23
03/06/23
88 FR 402
88 FR 1172
02/24/23
88 FR 11825
03/13/23
01/31/24
03/21/24
89 FR 6194
89 FR 20101
04/01/24
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kika Scott, Chief
Financial Officer, Department of
Homeland Security, U.S. Citizenship
and Immigration Services, 5900 Capital
Gateway Drive, Suite 4S190, Camp
Springs, MD 20588–0009, Phone: 240
721–3000.
RIN: 1615–AC68
DEPARTMENT OF HOMELAND
SECURITY (DHS)
U.S. Coast Guard (USCG)
Proposed Rule Stage
121. Claims Procedures Under the Oil
Pollution Act of 1990 [1625–AA03]
Legal Authority: 33 U.S.C. 2713 and
2714
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Abstract: The purpose of this project
is to remove superseded regulations at
33 Code of Federal Regulations (CFR)
part 135, and to finalize the Oil
Pollution Act of 1990 (OPA90) claims
procedures at 33 CFR part 136. The
OPA90 claims procedures,
implementing OPA90 section 1013
(Claims Procedures) and section 1014
(Designation of Source and
Advertisement), were established by an
interim rule, titled ‘‘Claims under the
Oil Pollution Act of 1990’’ (Interim
Rule) that has not been substantively
amended since it was published in
1992. This rulemaking supports the
Coast Guard’s strategic goal of
protection of natural resources.
Timetable:
Action
Interim Final Rule
Correction ............
Interim Final Rule
Comment Period End.
Notice of Inquiry ..
Notice of Inquiry
Comment Period End.
NPRM ..................
Date
FR Cite
08/12/92
09/09/92
12/10/92
57 FR 36314
57 FR 41104
11/01/11
01/30/12
76 FR 67385
03/00/25
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Benjamin White,
Project Manager, Department of
Homeland Security, U.S. Coast Guard,
National Pollution Funds Center
(NPFC), 2703 Martin Luther King Jr.
Avenue SE, STOP 7605, Washington,
DC 20593–7605, Phone: 202 795–6066,
Email: benjamin.h.white@uscg.mil.
RIN: 1625–AA03
122. Safety Management Systems For
Domestic Passenger Vessels [1625–
AC65]
Legal Authority: 46 U.S.C. 3202 and
3203; DHS Delegation No. 0170.1(92)(b)
Abstract: The Coast Guard reviewed
the public input received in response to
its January 2021 ANPRM on a possible
new safety management system (SMS)
for passenger and small passenger
vessels. This proposed rulemaking
would outline new SMS regulations for
small passenger vessels (SPVs) meeting
the statutory definition of a covered
small passenger vessel in line with the
2010 and 2020 Coast Guard
Authorization Acts. Under this
proposed rulemaking, all SPVs on
oceans or coastwise routes, or having
overnight accommodations for
passengers, would be required to
implement an SMS conforming to the
requirements of a newly developed SPV
SMS or an accepted alternative.
Timetable:
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Action
Date
ANPRM ...............
ANPRM Correction.
ANPRM Comment
Period Extended.
ANPRM Comment
Period End.
ANPRM Comment
Period Extended End.
NPRM ..................
FR Cite
01/15/21
03/01/21
86 FR 3899
86 FR 11913
04/01/21
86 FR 17090
04/15/21
06/01/21
10/00/24
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: David Ward,
Occupational Safety and Health
Program Manager, Department of
Homeland Security, U.S. Coast Guard,
Office of Operating & Environmental
Standards (CG–OES–2), 2703 Martin
Luther King Jr. Avenue SE, Stop 7509,
Washington, DC 20593, Phone: 202 372–
1386, Email: david.ward@uscg.mil.
RIN: 1625–AC65
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123. Implementation of Training
Requirements for Personnel Serving on
U.S.-Flagged Passenger Ships That
Carry More Than 12 Passengers on
International Voyages [1625–AC68]
Legal Authority: 14 U.S.C. 102(3); 14
U.S.C. 503; 46 U.S.C. 7101; 46 U.S.C.
7306; 46 U.S.C. 7313
Abstract: This proposed rule would
implement the 2016 amendments to the
International Convention on Standards
of Training, Certification and
Watchkeeping for Seafarers (STCW) and
the STCW Code by revising U.S. Coast
Guard regulations at 46 CFR subchapter
B, parts 11 and 12 to include additional
requirements for the training and
qualifications of masters, officers, and
ratings on passenger ships, as required
by the STCW Convention, to which the
United States is a signatory. First, the
Coast Guard would implement the 2016
amendments to the STCW Convention
and the STCW Code for personnel
serving on passenger ships that operate
on international voyages. The proposed
revisions would add a requirement for
all personnel to complete passenger
ship emergency familiarization training
appropriate to their capacity, duties,
and responsibilities during an
emergency before being assigned to
shipboard duties. The proposal would
also expand the applicability of crowd
management training to include
qualified ratings.
Timetable:
Action
Date
NPRM ..................
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Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Megan Johns Henry,
Marine Transportation Specialist,
Department of Homeland Security, U.S.
Coast Guard, Office of Merchant
Mariner Credentialing (CG–MMC–1),
2703 Martin Luther King Jr. Avenue SE,
STOP 7509, Washington, DC 20593–
7509, Phone: 202 372–1255, Email:
megan.c.johns@uscg.mil.
RIN: 1625–AC68
124. MARPOL Annex VI; Prevention of
Air Pollution From Ships [1625–AC78]
Legal Authority: 33 U.S.C. 1903
Abstract: The Coast Guard is
proposing regulations to carry out the
provisions of Annex VI of the MARPOL
Protocol, which is focused on the
prevention of air pollution from ships.
The Act to Prevent Pollution from Ships
has already given direct effect to most
provisions of Annex VI, and the Coast
Guard and the Environmental Protection
Agency have carried out some Annex VI
provisions through previous
rulemakings. This proposed rule would
fill gaps in the existing framework for
carrying out the provisions of Annex VI.
Chapter 4 of Annex VI contains
shipboard energy efficiency measures
that include short-term measures
reducing carbon emissions linked to
climate change and supports
Administration goals outlined in
Executive Order 14008 titled Tackling
the Climate Crisis at Home and Abroad.
This proposed rule would apply to U.S.flagged ships. It would also apply to
foreign-flagged ships operating either in
U.S. navigable waters or in the U.S.
Exclusive Economic Zone.
Timetable:
Action
Date
NPRM ..................
09/00/24
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Frank Strom, Chief,
Systems Engineering Division (CG–
ENG–3), Department of Homeland
Security, U.S. Coast Guard, Office of
Design and Engineering Standards, 2703
Martin Luther King Jr. Avenue SE,
STOP 7509, Washington, DC 20593–
7509, Phone: 202 372–1375, Email:
frank.a.strom@uscg.mil.
RIN: 1625–AC78
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DEPARTMENT OF HOMELAND
SECURITY (DHS)
Final Rule Stage
U.S. Coast Guard (USCG)
125. Commercial Fishing VesselsImplementation of 2010 and 2012
Legislation [1625–AB85]
Legal Authority: 46 U.S.C. 4502 and
5103; Pub. L. 111–281; Pub. L. 112–213
Abstract: The Coast Guard will
implement 2010 and 2012 legislation
that pertains to uninspected commercial
fishing industry vessels. The
requirements took effect upon
enactment of the legislation but require
amendments to Coast Guard regulations
to be implemented. Coast Guard is
changing the applicability of the
regulations, and adding new
requirements to safety training,
equipment, vessel examinations, vessel
safety standards, the documentation of
maintenance, and the termination of
unsafe operations. This rulemaking
promotes the Coast Guard’s maritime
safety mission.
Timetable:
Action
NPRM ..................
NPRM Comment
Period Extended.
NPRM Comment
Period End.
NPRM Comment
Period Extended End.
Final Rule ............
Date
06/21/16
08/15/16
FR Cite
81 FR 40437
81 FR 53986
09/19/16
12/18/16
05/00/25
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Joseph Myers, Project
Manager, Department of Homeland
Security, U.S. Coast Guard, Office of
Commercial Vessel Compliance (CG–
CVC–3), 2703 Martin Luther King Jr.
Avenue SE, STOP 7501, Washington,
DC 20593–7501, Phone: 202 372–1249,
Email: joseph.d.myers@uscg.mil.
RIN: 1625–AB85
126. Lifejacket Approval
Harmonization [1625–AC62]
Legal Authority: 46 U.S.C. 3306(a); 46
U.S.C. 3306(b); 46 U.S.C. 4102(a); 46
U.S.C. 4102(b); 46 U.S.C. 4302(a); 46
U.S.C. 4502(a); 46 U.S.C. 4502(c)(2)(B)
Abstract: The Coast Guard is
amending the lifejacket approval
requirements and follow-up program
requirements by incorporating new binational standards. At the same time,
the Coast Guard is amending lifejacket
and personal flotation devices (PFDs)
carriage requirements to allow for the
use of equipment approved to the new
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standards, and to remove obsolete
equipment approval requirements. The
new standards are intended to replace
the legacy standards. The amendments
streamline the process for approval of
PFDs and allow manufacturers the
opportunity to produce more innovative
equipment that meets the approval
requirements of both Canada and the
United States, while reducing the
burden for manufacturers in both the
approval process and follow-up
program. The rule is expected to
provide a cost savings by reducing the
regulatory burden on PFD
manufacturers by harmonizing our PFD
approval standards with Canada,
requiring less frequent inspections of
manufacturing facilities, and providing
lower cost PFD user manuals. This rule
is consistent with Executive Order
14058, which directs agencies to take
actions that improve service delivery
and customer experience by decreasing
administrative burdens, enhancing
transparency, and improving the
efficiency and effectiveness of
government.
Timetable:
Action
Date
NPRM ..................
NPRM Correction
NPRM Comment
Period End.
Final Rule ............
04/07/23
05/01/23
06/06/23
FR Cite
88 FR 21016
88 FR 26514
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127. Cybersecurity in the Marine
Transportation System [1625–AC77]
Legal Authority: 46 U.S.C. 70101; 46
U.S.C. 70102; 46 U.S.C. 70103; 46 U.S.C.
70104; 46 U.S.C. 70124
Abstract: The Coast Guard has
published a proposed rule to update its
maritime security regulations by adding
regulations specifically focused on
establishing minimum cybersecurity
requirements for U.S.-flagged vessels,
Outer Continental Shelf facilities, and
U.S. facilities subject to the Maritime
Transportation Security Act of 2002
regulations. This proposed rulemaking
is part of an ongoing effort to address
emerging cybersecurity risks and threats
to maritime security by including
additional security requirements to
22:06 Aug 15, 2024
Action
Date
NPRM ..................
NPRM Comment
Period Extended.
NPRM Comment
Period End.
Extended Comment Period
End.
Final Rule ............
02/22/24
04/09/24
FR Cite
89 FR 13403
89 FR 24751
DEPARTMENT OF HOMELAND
SECURITY (DHS)
05/22/24
U.S. Customs and Border Protection
(USCBP)
Proposed Rule Stage
12/00/24
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Frank Strom, Chief,
Systems Engineering Division (CG–
ENG–3), Department of Homeland
Security, U.S. Coast Guard, Office of
Design and Engineering Standards, 2703
Martin Luther King Jr. Avenue SE,
STOP 7509, Washington, DC 20593–
7509, Phone: 202 372–1375, Email:
frank.a.strom@uscg.mil.
RIN: 1625–AC77
DEPARTMENT OF HOMELAND
SECURITY (DHS)
U.S. Coast Guard (USCG)
Jkt 250001
128. User Fees For Inspected Towing
Vessels [1625–AC55]
Legal Authority: 46 U.S.C. 2103; 46
U.S.C. 2110; Pub. L. 115–282, sec. 815
Abstract: This rulemaking revised
user fees for towing vessels inspected
under 46 CFR subchapter M and
updated the existing user fee in 46 CFR
2.10–101 for sea-going towing vessels
inspected under 46 CFR subchapter I.
These user fees are for services related
to the inspection of these vessels and
will reflect the differences in cost to the
government to provide these services to
vessels that use a safety management
system involving a third party and
vessels that do not.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Final Rule Effective.
Frm 00007
129. • Automated Commercial
Environment (ACE) Electronic Export
Manifest for Vessel Cargo [1651–AB59]
Legal Authority: Not Yet Determined
Abstract: U.S. Customs and Border
Protection (CBP) proposes to amend its
regulations to require the advance
submission of electronic export manifest
(EEM) information to CBP in the
Automated Commercial Environment
for cargo transported by vessel departing
the United States. The proposed rule
would identify the parties eligible to
transmit advance vessel EEM
information, and their responsibilities,
and describe the time frames for
transmission of the information prior to
cargo loading or conveyance departure.
Requiring this data in advance would
significantly improve cargo safety and
security while minimizing disruption to
the flow of commerce in the sea
environment.
Timetable:
Action
NPRM ..................
Date
FR Cite
09/00/24
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Thomas Pagano,
Chief, Outbound Enforcement Branch,
Department of Homeland Security, U.S.
Customs and Border Protection, Office
of Field Operations, 1300 Pennsylvania
Ave, NW, Washington, DC 20229,
Phone: 202 344–3277, Email:
cbpexportmanifest@cpb.dhs.gov
RIN: 1651–AB59
FR Cite
01/11/22
04/11/22
87 FR 1378
DEPARTMENT OF HOMELAND
SECURITY (DHS)
12/28/23
03/27/24
88 FR 89595
Transportation Security Administration
(TSA)
Long-Term Actions
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jennifer Hnatow,
Project Manager, Department of
Homeland Security, U.S. Coast Guard,
PO 00000
Commercial Vessel Compliance (CG–
CVC–1), 2703 Martin Luther King Jr.
Avenue SE, STOP 7501, Washington,
DC 20593–7501, Phone: 202 372–1216,
Email: jennifer.l.hnatow@uscg.mil.
RIN: 1625–AC55
04/22/24
Completed Actions
09/00/24
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jacqueline M.
Yurkovich, Project Manager,
Department of Homeland Security, U.S.
Coast Guard, Office of Design and
Engineering Standards (CG–ENG–4),
2703 Martin Luther King Jr. Avenue SE,
STOP 7509, Washington, DC 20593–
7509, Phone: 571 607–4931, Email:
jacqueline.m.yurkovich@uscg.mil.
RIN: 1625–AC62
VerDate Sep<11>2014
safeguard the marine transportation
system.
Timetable:
Fmt 4701
Sfmt 4702
130. Vetting of Certain Surface
Transportation Employees [1652–AA69]
Legal Authority: 49 U.S.C. 114; Pub. L.
108–90, sec. 520; Pub. L. 110–53, secs.
1411, 1414, 1512, 1520, 1522, and 1531
E:\FR\FM\16AUP8.SGM
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66828
Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / UA: Reg Flex Agenda
Abstract: The 9/11 Act requires
vetting of certain railroad, public
transportation, and over-the-road bus
employees. Also, 6 U.S.C. 469 requires
TSA to collect fees to recover the costs
of the vetting services. On May 23, 2023,
the Transportation Security
Administration (TSA) issued a proposed
rule to establish the standards and
procedures to conduct the required
vetting and recover costs. This
regulation is related to 1652–AA55,
Security Training for Surface
Transportation Employees.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
NPRM Extension
of Comment
Period.
NPRM Extension
Comment Period End.
Final Rule ............
FR Cite
05/23/23
08/21/23
88 FR 33472
08/22/23
88 FR 57044
10/01/23
To Be Determined
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Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Ashlee Marks,
Branch Manager, Policy Development
Branch, Surface Division, Department of
Homeland Security, Transportation
Security Administration, Policy, Plans,
and Engagement, 6595 Springfield
Center Drive, Springfield, VA 20598–
6028, Phone: 571 227–3740, Email:
ashlee.marks@tsa.dhs.gov.
James Ruger, Chief Economist,
Economic Analysis BranchCoordination & Analysis Division,
Department of Homeland Security,
Transportation Security Administration,
Policy, Plans, and Engagement, 6595
Springfield Center Drive, Springfield,
VA 20598–6028, Phone: 571 227–5519,
Email: james.ruger@tsa.dhs.gov.
Christine Beyer, Senior Counsel,
Regulations and Security Standards,
Department of Homeland Security,
Transportation Security Administration,
Chief Counsel’s Office, 6595 Springfield
Center Drive, Springfield, VA 20598–
6002, Phone: 571 227–3653, Email:
christine.beyer@tsa.dhs.gov.
RIN: 1652–AA69
VerDate Sep<11>2014
22:06 Aug 15, 2024
Jkt 250001
131. Amending Vetting Requirements
for Employees With Access to a
Security Identification Display Area
(SIDA) [1652–AA70]
Legal Authority: Pub. L. 114–190, sec.
3405
Abstract: As required by the FESSA,
TSA will propose a rule to revise its
regulations, reflecting current
knowledge of insider threat and
intelligence, to enhance the eligibility
requirements and disqualifying criminal
offenses for individuals seeking or
having unescorted access to any SIDA of
an airport. Consistent with the statutory
mandate, TSA will consider adding to
the list of disqualifying criminal
offenses and criteria, develop an appeal
and waiver process for the issuance of
credentials for unescorted access, and
propose an extension of the lookback
period for disqualifying crimes. As part
of TSA’s reevaluation of the eligibility
and redress standards for aviation
workers required by the Act, TSA is also
reevaluating the current vetting process
to minimize any security risks that may
exist.
Timetable:
Action
Date
NPRM ..................
FR Cite
To Be Determined
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Zachary Landis,
Branch Manager, Airports Security
Programs, Department of Homeland
Security, Transportation Security
Administration, Aviation Division,
Policy, Plans, and Engagement,
Springfield, VA 20598–6028, Phone:
571 230–4863, Email: zachary.landis@
tsa.dhs.gov.
James Ruger, Chief Economist,
Economic Analysis BranchCoordination & Analysis Division,
Department of Homeland Security,
Transportation Security Administration,
Policy, Plans, and Engagement, 6595
Springfield Center Drive, Springfield,
VA 20598–6028, Phone: 571 227–5519,
Email: james.ruger@tsa.dhs.gov.
Christine Beyer, Senior Counsel,
Regulations and Security Standards,
Department of Homeland Security,
Transportation Security Administration,
Chief Counsel’s Office, 6595 Springfield
Center Drive, Springfield, VA 20598–
PO 00000
Frm 00008
Fmt 4701
Sfmt 4702
6002, Phone: 571 227–3653, Email:
christine.beyer@tsa.dhs.gov.
RIN: 1652–AA70
DEPARTMENT OF HOMELAND
SECURITY (DHS)
Federal Emergency Management Agency
(FEMA)
Final Rule Stage
132. Updates to Floodplain
Management and Protection of
Wetlands Regulations To Implement
the Federal Flood Risk Management
Standard [1660–AB12]
Legal Authority: 6 U.S.C. 101 et seq.;
42 U.S.C. 4001 et seq.; 42 U.S.C. 4321
et seq.; E.O. 11988 of May 24, 1977, 42
FR 26951, 3 CFR, 1977 Comp., p. 117;
E.O. 11990 of May 24, 1977, 42 FR
26961, 3 CFR, 1977 Comp., p. 121; E.O.
13690, 80 FR 6425; E.O. 14030, 86 FR
27967
Abstract: On October 2, 2023,
consistent with President Biden’s
Executive Order on Climate Related
Financial Risk (E.O. 14030), the Federal
Emergency Management Agency
(FEMA) proposed to amend its
regulations at 44 CFR part 9,
‘‘Floodplain Management and
Protection of Wetlands,’’ to incorporate
amendments to Executive Order 11988
and the Federal Flood Risk Management
Standard (FFRMS). The FFRMS is a
flexible framework allowing agencies to
choose among three approaches to
define the floodplain and corresponding
flood elevation requirements for
federally funded projects. 44 CFR part 9
describes FEMA’s process under
Executive Order 11988 for determining
whether the proposed location for an
action falls within a floodplain and how
to complete the action in the floodplain,
in light of the risk of flooding.
The rule would change how FEMA
defines a floodplain with respect to
certain actions. Additionally, under the
rule, FEMA would use natural systems,
ecosystem process, and nature-based
approaches, where practicable, when
developing alternatives to locating the
proposed action in the floodplain.
FEMA has engaged the public
extensively on these matters.
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On February 5, 2015, FEMA acting on
behalf of the Mitigation Framework
Leadership Group, published a Federal
Register notice seeking comments on a
draft of the Revised Guidelines for
Implementing Executive Order 11988,
Floodplain Management. The 60-day
comment period was extended an
additional 30 days. During the public
comment period for the Revised
Guidelines, FEMA sent advisories to
representatives from Governors’ offices
nationwide inviting comments on the
draft Revised Guidelines. Over 25
meetings were held across the country
with State, local, and Tribal officials
and interested stakeholders to discuss
the draft Revised Guidelines as well as
9 public listening sessions across the
country attended by over 700
participants to facilitate feedback. All
relevant comments received in response
to these efforts have been posted to the
public rulemaking docket on the Federal
eRulemaking portal at https://
www.regulations.gov/document/FEMA2015-0006-0001/comment. Comments
from meetings and listening sessions
can be found at https://
www.regulations.gov/docket/FEMA2015-0006/document. Additionally,
FEMA published a Notice of Proposed
Rulemaking (NPRM) in 2016 seeking
public comment on FEMA’s proposed
implementation of the Revised
Guidelines. All relevant comments
received in response to the 2016 NPRM
were posted to the public rulemaking
docket on the Federal eRulemaking
portal at https://www.regulations.gov/
document/FEMA-2015-0006-0373/
comment.
Timetable:
VerDate Sep<11>2014
22:06 Aug 15, 2024
Jkt 250001
Action
Date
Proposed Policy:
Request for
Comments.
Proposed Policy:
Comment Period End.
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
10/02/23
FR Cite
88 FR 67697
12/01/23
10/02/23
12/01/23
88 FR 67869
Action
DEPARTMENT OF HOMELAND
SECURITY (DHS)
Cybersecurity and Infrastructure
Security Agency (CISA)
Proposed Rule Stage
133. Ammonium Nitrate Security
Program [1670–AA00]
Legal Authority: 6 U.S.C. 488 et seq.
Abstract: The Cybersecurity and
Infrastructure Security Agency (CISA) is
proposing a rulemaking to implement
the December 2007 amendment to the
Homeland Security Act titled ‘‘Secure
Handling of Ammonium Nitrate.’’ This
amendment requires the Department of
Homeland Security to ‘‘regulate the sale
and transfer of ammonium nitrate by an
PO 00000
Frm 00009
ammonium nitrate facility...to prevent
the misappropriation or use of
ammonium nitrate in an act of
terrorism.’’ CISA previously issued a
Notice of Proposed Rulemaking (NPRM)
on August 3, 2011. CISA is planning to
issue a Supplemental Notice of
Proposed Rulemaking (SNPRM).
Timetable:
07/00/24
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Portia Ross, Office of
Environmental and Historic
Preservation, Department of Homeland
Security, Federal Emergency
Management Agency, 400 C Street SW,
Washington, DC 20472, Phone: 202 709–
0677, Email: fema-regulations@
fema.dhs.gov.
RIN: 1660–AB12
Fmt 4701
Sfmt 9990
66829
ANPRM ...............
ANPRM Correction.
ANPRM Comment
Period End.
NPRM ..................
Notice of Public
Meetings.
Notice of Public
Meetings.
NPRM Comment
Period End.
Notice of Availability.
Notice of Availability Comment
Period End.
Supplemental
NPRM.
Date
10/29/08
11/05/08
FR Cite
73 FR 64280
73 FR 65783
12/29/08
08/03/11
10/07/11
76 FR 46908
76 FR 62311
11/14/11
76 FR 70366
12/01/11
06/03/19
84 FR 25495
09/03/19
07/00/24
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Ann Hunziker,
Branch Chief for Policy Rulemaking and
Engagement, Department of Homeland
Security, Cybersecurity and
Infrastructure Security Agency, 1310 N.
Courthouse Rd., Arlington, VA 22202,
Phone: 202 604–5817, Email:
ann.hunziker@cisa.dhs.gov.
RIN: 1670–AA00
[FR Doc. 2024–16453 Filed 8–15–24; 8:45 am]
BILLING CODE 9110–9B–P
E:\FR\FM\16AUP8.SGM
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]]>Agencies
[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Unknown Section]
[Pages 66822-66829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16453]
[[Page 66821]]
Vol. 89
Friday,
No. 159
August 16, 2024
Part VIII
Department of Homeland Security
-----------------------------------------------------------------------
Semiannual Regulatory Agenda
Federal Register / Vol. 89 , No. 159 / Friday, August 16, 2024 / UA:
Reg Flex Agenda
[[Page 66822]]
-----------------------------------------------------------------------
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 projected
regulations, existing regulations, and completed actions of the
Department of Homeland Security (DHS) and its components. This agenda
provides the public with information about DHS's regulatory and
deregulatory activity. DHS expects that this information will enable
the public to be more aware of, and effectively participate in, the
Department's regulatory and deregulatory activity. DHS invites the
public to submit comments on any aspect of this agenda.
FOR FURTHER INFORMATION CONTACT:
General
Please direct general comments and inquiries on the agenda to the
Regulatory Affairs Law Division, Office of the General Counsel, U.S.
Department of Homeland Security, 2707 Martin Luther King Jr. Avenue SE,
Mail Stop 0485, Washington, DC 20528-0485.
Specific
Please direct specific comments and inquiries on individual actions
identified in this agenda to the individual listed in the summary
portion as the point of contact for that action.
SUPPLEMENTARY INFORMATION: DHS provides this notice pursuant to the
requirements of the Regulatory Flexibility Act (Pub. L. 96-354, Sept.
19, 1980) and Executive Order 12866 ``Regulatory Planning and Review''
(Sept. 30, 1993) as incorporated in Executive Order 13563 ``Improving
Regulation and Regulatory Review'' (Jan. 18, 2011), which require the
Department to publish a semiannual agenda of regulations. The
regulatory agenda is a summary of existing and projected regulations as
well as actions completed since the publication of the last regulatory
agenda for the Department. DHS's last semiannual regulatory agenda was
published online on December 6, 2023, at https://www.reginfo.gov/public/do/eAgendaMain.
Beginning in fall 2007, the internet became the basic means for
disseminating the Unified Agenda. The complete Unified Agenda is
available online at www.reginfo.gov.
The Regulatory Flexibility Act (5 U.S.C. 602) requires Federal
agencies to publish their regulatory flexibility agendas in the Federal
Register. A regulatory flexibility agenda shall contain, among other
things, a brief description of the subject area of any rule which is
likely to have a significant economic impact on a substantial number of
small entities. DHS's printed agenda entries include regulatory actions
that are in the Department's regulatory flexibility agenda. Printing of
these entries is limited to fields that contain information required by
the agenda provisions of the Regulatory Flexibility Act. Additional
information on these entries is available in the Unified Agenda
published on the internet.
The semiannual agenda of the Department conforms to the Unified
Agenda format developed by the Regulatory Information Service Center.
Christina E. McDonald,
Associate General Counsel for Regulatory Affairs.
U.S. Citizenship and Immigration Services--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
116....................... Modernizing Regulations 1615-AC88
Governing Nonimmigrant
Workers.
------------------------------------------------------------------------
U.S. Citizenship and Immigration Services--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
117....................... Modernizing H-1B 1615-AC70
Requirements and
Oversight, Providing
Flexibility in the F-1
Program, and Program
Improvements Affecting
Other Nonimmigrant
Workers.
118....................... Modernizing H-2 Program 1615-AC76
Requirements, Oversight,
and Worker Protections.
------------------------------------------------------------------------
U.S. Citizenship and Immigration Services--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
119....................... Petition for Immigrant 1615-AC85
Worker Reforms.
------------------------------------------------------------------------
U.S. Citizenship and Immigration Services--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
120....................... U.S. Citizenship and 1615-AC68
Immigration Services Fee
Schedule and Changes to
Certain Other Immigration
Benefit Request
Requirements.
------------------------------------------------------------------------
[[Page 66823]]
U.S. Coast Guard--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
121....................... Claims Procedures Under 1625-AA03
the Oil Pollution Act of
1990.
122....................... Safety Management Systems 1625-AC65
for Domestic Passenger
Vessels.
123....................... Implementation of Training 1625-AC68
Requirements for
Personnel Serving on U.S.-
Flagged Passenger Ships
That Carry More than 12
Passengers on
International Voyages.
124....................... MARPOL Annex VI; 1625-AC78
Prevention of Air
Pollution From Ships.
------------------------------------------------------------------------
U.S. Coast Guard--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
125....................... Commercial Fishing 1625-AB85
Vessels--Implementation
of 2010 and 2012
Legislation.
126....................... Lifejacket Approval 1625-AC62
Harmonization.
127....................... Cybersecurity in the 1625-AC77
Marine Transportation
System.
------------------------------------------------------------------------
U.S. Coast Guard--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
128....................... User Fees for Inspected 1625-AC55
Towing Vessels.
------------------------------------------------------------------------
U.S. Customs and Border Protection--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
129....................... Automated Commercial 1651-AB59
Environment (ACE)
Electronic Export
Manifest For Vessel Cargo.
------------------------------------------------------------------------
Transportation Security Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
130....................... Vetting of Certain Surface 1652-AA69
Transportation Employees.
131....................... Amending Vetting 1652-AA70
Requirements for
Employees With Access to
a Security Identification
Display Area (SIDA).
------------------------------------------------------------------------
Federal Emergency Management Agency--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
132....................... Updates to Floodplain 1660-AB12
Management and Protection
of Wetlands Regulations
to Implement the Federal
Flood Risk Management
Standard.
------------------------------------------------------------------------
Cybersecurity and Infrastructure Security Agency--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
133....................... Ammonium Nitrate Security 1670-AA00
Program.
------------------------------------------------------------------------
[[Page 66824]]
DEPARTMENT OF HOMELAND SECURITY (DHS)
U.S. Citizenship and Immigration Services (USCIS)
Proposed Rule Stage
116. Modernizing Regulations Governing Nonimmigrant Workers [1615-AC88]
Legal Authority: 8 U.S.C. 1101; 8 U.S.C. 1184; 8 U.S.C. 1324a
Abstract: The Department of Homeland Security (DHS) proposes to
amend its regulations governing certain nonimmigrant workers. The
proposed changes include updating the employment authorization rules
regarding dependent spouses of certain nonimmigrants; increasing
flexibilities for certain nonimmigrant workers, including those who
resign or are terminated from employment, and religious workers who
have reached their maximum period of stay or are waiting for immigrant
visas to become available; and modernizing policies and procedures for
Employment Authorization Documents.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/00/25
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Mark Phillips, Residence and Naturalization
Division Chief, Department of Homeland Security, U.S. Citizenship and
Immigration Services, Office of Policy and Strategy, 5900 Capital
Gateway Drive, Suite 4S190, Camp Springs, MD 20588-0009, Phone: 240
721-3000.
RIN: 1615-AC88
DEPARTMENT OF HOMELAND SECURITY (DHS)
U.S. Citizenship and Immigration Services (USCIS)
Final Rule Stage
117. Modernizing H-1B Requirements and Oversight, Providing Flexibility
in the F-1 Program, and Program Improvements Affecting Other
Nonimmigrant Workers [1615-AC70]
Legal Authority: 6 U.S.C. 101, 112 and 202; 8 U.S.C. 1101(a)(15)(F)
and (H)(i)(b), 1103(a)(3), 1184(a), (c), (g); and (i) and 1357(b). . .
. ; . . .
Abstract: On October 23, 2023, the Department of Homeland Security
(DHS) published a notice of proposed rulemaking (NPRM or proposed rule)
88 FR 72870 that proposed to amend its regulations governing H-1B
specialty occupation workers and F-1 students who are the beneficiaries
of timely filed H-1B cap-subject petitions. Specifically, DHS proposed
to revise the regulations relating to definition of ``specialty
occupation'' and the ``employer-employee relationship''; provide
flexibility for start-up entrepreneurs; implement new requirements and
guidelines for H-1B site visits; provide flexibility on the employment
start date listed on the petition (in limited circumstances); address
``cap-gap'' issues; bolster the H-1B registration process to reduce the
possibility of misuse and fraud in the H-1B registration system;
modernize cap exemptions; clarify the requirement that an amended or
new petition be filed where there are material changes; and codify
USCIS' deference policy and requirement of maintenance of status for
all employment-based nonimmigrant classifications that use Form I-129,
among other provisions. The October 23, 2023 NPRM was informed by
public comments USCIS received in response to a Request for Public
Input that published on April 19, 2021.
On February 2, 2024, DHS published a final rule, 89 FR 7456,
implementing a beneficiary centric selection process for H-1B
registrations, as well as additional integrity measures and
flexibilities related to H-1B registration. DHS continues to consider
the suggestions made in public comments received as they relate to the
other proposed provisions discussed in the October 23, 2023 NPRM, and
intends to finalize the remaining provisions in one or more actions.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/23/23 88 FR 72870
NPRM Comment Period End............. 12/22/23
Final Action........................ 02/02/24 89 FR 7456
Final Action Effective.............. 03/06/24
Final Action........................ 12/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Charles Nimick, Chief, Business and Foreign Workers
Division, Office of Policy and Strategy, Department of Homeland
Security, U.S. Citizenship and Immigration Services, 5900 Capital
Gateway Drive, Suite 4S190, Camp Springs, MD 20588-0009, Phone: 240
721-3000.
RIN: 1615-AC70
118. Modernizing H-2 Program Requirements, Oversight, and Worker
Protections [1615-AC76]
Legal Authority: 6 U.S.C. 202, 8 U.S.C. secs. 1101(a)(15)(H)(ii)(a)
and (b);1103(a)(3), 1184(a), (c) and (g), 1324a, 1225; 1357
Abstract: On September 20, 2023, DHS published a notice of proposed
rulemaking (NPRM) which proposed several changes to modernize and
reform the H-2A and H-2B nonimmigrant worker programs. Many of the
proposals contained in the NPRM were informed by public feedback USCIS
received in response to its April 19, 2021 Request for Public Input.
Specifically, the NPRM incorporated new policies that if finalized
would produce program efficiencies, address current aspects of the
program that may unintentionally result in exploitation or other abuse
of persons seeking to come to this country as H-2A and H-2B workers,
build upon existing protections against prohibited payments or other
assessment of fees and/or salary deductions by H-2A and H-2B employers
in connection with recruitment and/or H-2 employment, and otherwise add
protections for workers. DHS did not propose any changes that would
revise the temporary labor certification process or the regulations
contained in 20 CFR part 655 or 29 CFR part 501 and 503. The public
comment period closed November 20, 2023, and DHS is continuing to
review the comments received during the comment period and in
accordance with the instructions contained in the NPRM.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/20/23 88 FR 65040
NPRM Comment Period End............. 11/20/23
Final Action........................ 11/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Charles Nimick, Chief, Business and Foreign Workers
Division, Office of Policy and Strategy, Department of Homeland
Security, U.S. Citizenship and Immigration Services, 5900 Capital
Gateway Drive, Suite 4S190, Camp Springs, MD 20588-0009, Phone: 240
721-3000.
RIN: 1615-AC76
[[Page 66825]]
DEPARTMENT OF HOMELAND SECURITY (DHS)
U.S. Citizenship and Immigration Services (USCIS)
Long-Term Actions
119. Petition for Immigrant Worker Reforms [1615-AC85]
Legal Authority: 6 U.S.C. 112; 8 U.S.C. 1103(a); 8 U.S.C. 1153(b);
8 U.S.C. 1154(a)(1)(E) and (F); 8 U.S.C. 1182(a)(5)(C) and (r)
Abstract: The Department of Homeland Security (DHS) is proposing to
amend its regulations governing employment-based immigrant petitions in
the first, second, and third preference classifications. Petitions for
these classifications are filed by employers, or in certain cases by
noncitizens on their own behalf, to bring talent and skills to the
United States. The proposed rule would, if finalized, codify current
policy guidance and implement administrative decisions regarding
successorship-in-interest and ability to pay; update provisions
governing extraordinary ability and outstanding professors and
researchers; modernize outdated provisions for individuals of
extraordinary ability and outstanding professors and researchers;
clarify evidentiary requirements for first preference classifications,
second preference national interest waiver (NIW) classifications, and
physicians of national and international renown; implement reforms to
ensure the integrity of the I-140 program; and correct errors and
omissions.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/00/25
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Charles Nimick, Chief, Business and Foreign Workers
Division, Office of Policy and Strategy, Department of Homeland
Security, U.S. Citizenship and Immigration Services, 5900 Capital
Gateway Drive, Suite 4S190, Camp Springs, MD 20588-0009, Phone: 240
721-3000.
RIN: 1615-AC85
DEPARTMENT OF HOMELAND SECURITY (DHS)
U.S. Citizenship and Immigration Services (USCIS)
Completed Actions
120. U.S. Citizenship and Immigration Services Fee Schedule and Changes
to Certain Other Immigration Benefit Request Requirements [1615-AC68]
Legal Authority: 8 U.S.C. 1356(m), (n)
Abstract: On January 31, 2024, the Department of Homeland Security
(DHS) published a final rule, 89 FR 6194, that adjusted the fees
charged by U.S. Citizenship and Immigration Services (USCIS) for
immigration and naturalization benefit requests. The rule rescinds and
replaces the changes made by an August 3, 2020, rule and establishes
new USCIS fees to recover USCIS operating costs. This rule also
provides additional fee exemptions for certain humanitarian categories
and makes changes to certain other immigration benefit request
requirements.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/04/23 88 FR 402
NPRM Correction..................... 01/09/23 88 FR 1172
NPRM Comment Period End............. 03/06/23
NPRM Comment Period Extended........ 02/24/23 88 FR 11825
NPRM Comment Period Extended End.... 03/13/23
Final Rule.......................... 01/31/24 89 FR 6194
Final Rule; Correction.............. 03/21/24 89 FR 20101
Final Rule Effective................ 04/01/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kika Scott, Chief Financial Officer, Department of
Homeland Security, U.S. Citizenship and Immigration Services, 5900
Capital Gateway Drive, Suite 4S190, Camp Springs, MD 20588-0009, Phone:
240 721-3000.
RIN: 1615-AC68
DEPARTMENT OF HOMELAND SECURITY (DHS)
U.S. Coast Guard (USCG)
Proposed Rule Stage
121. Claims Procedures Under the Oil Pollution Act of 1990 [1625-AA03]
Legal Authority: 33 U.S.C. 2713 and 2714
Abstract: The purpose of this project is to remove superseded
regulations at 33 Code of Federal Regulations (CFR) part 135, and to
finalize the Oil Pollution Act of 1990 (OPA90) claims procedures at 33
CFR part 136. The OPA90 claims procedures, implementing OPA90 section
1013 (Claims Procedures) and section 1014 (Designation of Source and
Advertisement), were established by an interim rule, titled ``Claims
under the Oil Pollution Act of 1990'' (Interim Rule) that has not been
substantively amended since it was published in 1992. 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 12/10/92
End.
Notice of Inquiry................... 11/01/11 76 FR 67385
Notice of Inquiry Comment Period End 01/30/12
NPRM................................ 03/00/25
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Benjamin White, Project Manager, Department of
Homeland Security, U.S. Coast Guard, National Pollution Funds Center
(NPFC), 2703 Martin Luther King Jr. Avenue SE, STOP 7605, Washington,
DC 20593-7605, Phone: 202 795-6066, Email: [email protected].
RIN: 1625-AA03
122. Safety Management Systems For Domestic Passenger Vessels [1625-
AC65]
Legal Authority: 46 U.S.C. 3202 and 3203; DHS Delegation No.
0170.1(92)(b)
Abstract: The Coast Guard reviewed the public input received in
response to its January 2021 ANPRM on a possible new safety management
system (SMS) for passenger and small passenger vessels. This proposed
rulemaking would outline new SMS regulations for small passenger
vessels (SPVs) meeting the statutory definition of a covered small
passenger vessel in line with the 2010 and 2020 Coast Guard
Authorization Acts. Under this proposed rulemaking, all SPVs on oceans
or coastwise routes, or having overnight accommodations for passengers,
would be required to implement an SMS conforming to the requirements of
a newly developed SPV SMS or an accepted alternative.
Timetable:
[[Page 66826]]
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 01/15/21 86 FR 3899
ANPRM Correction.................... 03/01/21 86 FR 11913
ANPRM Comment Period Extended....... 04/01/21 86 FR 17090
ANPRM Comment Period End............ 04/15/21 .......................
ANPRM Comment Period Extended End... 06/01/21 .......................
NPRM................................ 10/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: David Ward, Occupational Safety and Health Program
Manager, Department of Homeland Security, U.S. Coast Guard, Office of
Operating & Environmental Standards (CG-OES-2), 2703 Martin Luther King
Jr. Avenue SE, Stop 7509, Washington, DC 20593, Phone: 202 372-1386,
Email: [email protected].
RIN: 1625-AC65
123. Implementation of Training Requirements for Personnel Serving on
U.S.-Flagged Passenger Ships That Carry More Than 12 Passengers on
International Voyages [1625-AC68]
Legal Authority: 14 U.S.C. 102(3); 14 U.S.C. 503; 46 U.S.C. 7101;
46 U.S.C. 7306; 46 U.S.C. 7313
Abstract: This proposed rule would implement the 2016 amendments to
the International Convention on Standards of Training, Certification
and Watchkeeping for Seafarers (STCW) and the STCW Code by revising
U.S. Coast Guard regulations at 46 CFR subchapter B, parts 11 and 12 to
include additional requirements for the training and qualifications of
masters, officers, and ratings on passenger ships, as required by the
STCW Convention, to which the United States is a signatory. First, the
Coast Guard would implement the 2016 amendments to the STCW Convention
and the STCW Code for personnel serving on passenger ships that operate
on international voyages. The proposed revisions would add a
requirement for all personnel to complete passenger ship emergency
familiarization training appropriate to their capacity, duties, and
responsibilities during an emergency before being assigned to shipboard
duties. The proposal would also expand the applicability of crowd
management training to include qualified ratings.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Megan Johns Henry, Marine Transportation
Specialist, Department of Homeland Security, U.S. Coast Guard, Office
of Merchant Mariner Credentialing (CG-MMC-1), 2703 Martin Luther King
Jr. Avenue SE, STOP 7509, Washington, DC 20593-7509, Phone: 202 372-
1255, Email: [email protected].
RIN: 1625-AC68
124. MARPOL Annex VI; Prevention of Air Pollution From Ships [1625-
AC78]
Legal Authority: 33 U.S.C. 1903
Abstract: The Coast Guard is proposing regulations to carry out the
provisions of Annex VI of the MARPOL Protocol, which is focused on the
prevention of air pollution from ships. The Act to Prevent Pollution
from Ships has already given direct effect to most provisions of Annex
VI, and the Coast Guard and the Environmental Protection Agency have
carried out some Annex VI provisions through previous rulemakings. This
proposed rule would fill gaps in the existing framework for carrying
out the provisions of Annex VI. Chapter 4 of Annex VI contains
shipboard energy efficiency measures that include short-term measures
reducing carbon emissions linked to climate change and supports
Administration goals outlined in Executive Order 14008 titled Tackling
the Climate Crisis at Home and Abroad. This proposed rule would apply
to U.S.-flagged ships. It would also apply to foreign-flagged ships
operating either in U.S. navigable waters or in the U.S. Exclusive
Economic Zone.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Frank Strom, Chief, Systems Engineering Division
(CG-ENG-3), Department of Homeland Security, U.S. Coast Guard, Office
of Design and Engineering Standards, 2703 Martin Luther King Jr. Avenue
SE, STOP 7509, Washington, DC 20593-7509, Phone: 202 372-1375, Email:
[email protected].
RIN: 1625-AC78
DEPARTMENT OF HOMELAND SECURITY (DHS)
Final Rule Stage
U.S. Coast Guard (USCG)
125. Commercial Fishing Vessels-Implementation of 2010 and 2012
Legislation [1625-AB85]
Legal Authority: 46 U.S.C. 4502 and 5103; Pub. L. 111-281; Pub. L.
112-213
Abstract: The Coast Guard will implement 2010 and 2012 legislation
that pertains to uninspected commercial fishing industry vessels. The
requirements took effect upon enactment of the legislation but require
amendments to Coast Guard regulations to be implemented. Coast Guard is
changing the applicability of the regulations, and adding new
requirements to safety training, equipment, vessel examinations, vessel
safety standards, the documentation of maintenance, and the termination
of unsafe operations. This rulemaking promotes the Coast Guard's
maritime safety mission.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/21/16 81 FR 40437
NPRM Comment Period Extended........ 08/15/16 81 FR 53986
NPRM Comment Period End............. 09/19/16 .......................
NPRM Comment Period Extended End.... 12/18/16 .......................
Final Rule.......................... 05/00/25 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Joseph Myers, Project Manager, Department of
Homeland Security, U.S. Coast Guard, Office of Commercial Vessel
Compliance (CG-CVC-3), 2703 Martin Luther King Jr. Avenue SE, STOP
7501, Washington, DC 20593-7501, Phone: 202 372-1249, Email:
[email protected].
RIN: 1625-AB85
126. Lifejacket Approval Harmonization [1625-AC62]
Legal Authority: 46 U.S.C. 3306(a); 46 U.S.C. 3306(b); 46 U.S.C.
4102(a); 46 U.S.C. 4102(b); 46 U.S.C. 4302(a); 46 U.S.C. 4502(a); 46
U.S.C. 4502(c)(2)(B)
Abstract: The Coast Guard is amending the lifejacket approval
requirements and follow-up program requirements by incorporating new
bi-national standards. At the same time, the Coast Guard is amending
lifejacket and personal flotation devices (PFDs) carriage requirements
to allow for the use of equipment approved to the new
[[Page 66827]]
standards, and to remove obsolete equipment approval requirements. The
new standards are intended to replace the legacy standards. The
amendments streamline the process for approval of PFDs and allow
manufacturers the opportunity to produce more innovative equipment that
meets the approval requirements of both Canada and the United States,
while reducing the burden for manufacturers in both the approval
process and follow-up program. The rule is expected to provide a cost
savings by reducing the regulatory burden on PFD manufacturers by
harmonizing our PFD approval standards with Canada, requiring less
frequent inspections of manufacturing facilities, and providing lower
cost PFD user manuals. This rule is consistent with Executive Order
14058, which directs agencies to take actions that improve service
delivery and customer experience by decreasing administrative burdens,
enhancing transparency, and improving the efficiency and effectiveness
of government.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/07/23 88 FR 21016
NPRM Correction..................... 05/01/23 88 FR 26514
NPRM Comment Period End............. 06/06/23 .......................
Final Rule.......................... 09/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jacqueline M. Yurkovich, Project Manager,
Department of Homeland Security, U.S. Coast Guard, Office of Design and
Engineering Standards (CG-ENG-4), 2703 Martin Luther King Jr. Avenue
SE, STOP 7509, Washington, DC 20593-7509, Phone: 571 607-4931, Email:
[email protected].
RIN: 1625-AC62
127. Cybersecurity in the Marine Transportation System [1625-AC77]
Legal Authority: 46 U.S.C. 70101; 46 U.S.C. 70102; 46 U.S.C. 70103;
46 U.S.C. 70104; 46 U.S.C. 70124
Abstract: The Coast Guard has published a proposed rule to update
its maritime security regulations by adding regulations specifically
focused on establishing minimum cybersecurity requirements for U.S.-
flagged vessels, Outer Continental Shelf facilities, and U.S.
facilities subject to the Maritime Transportation Security Act of 2002
regulations. This proposed rulemaking is part of an ongoing effort to
address emerging cybersecurity risks and threats to maritime security
by including additional security requirements to safeguard the marine
transportation system.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/22/24 89 FR 13403
NPRM Comment Period Extended........ 04/09/24 89 FR 24751
NPRM Comment Period End............. 04/22/24 .......................
Extended Comment Period End......... 05/22/24 .......................
Final Rule.......................... 12/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Frank Strom, Chief, Systems Engineering Division
(CG-ENG-3), Department of Homeland Security, U.S. Coast Guard, Office
of Design and Engineering Standards, 2703 Martin Luther King Jr. Avenue
SE, STOP 7509, Washington, DC 20593-7509, Phone: 202 372-1375, Email:
[email protected].
RIN: 1625-AC77
DEPARTMENT OF HOMELAND SECURITY (DHS)
U.S. Coast Guard (USCG)
Completed Actions
128. User Fees For Inspected Towing Vessels [1625-AC55]
Legal Authority: 46 U.S.C. 2103; 46 U.S.C. 2110; Pub. L. 115-282,
sec. 815
Abstract: This rulemaking revised user fees for towing vessels
inspected under 46 CFR subchapter M and updated the existing user fee
in 46 CFR 2.10-101 for sea-going towing vessels inspected under 46 CFR
subchapter I. These user fees are for services related to the
inspection of these vessels and will reflect the differences in cost to
the government to provide these services to vessels that use a safety
management system involving a third party and vessels that do not.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/11/22 87 FR 1378
NPRM Comment Period End............. 04/11/22 .......................
Final Rule.......................... 12/28/23 88 FR 89595
Final Rule Effective................ 03/27/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jennifer Hnatow, Project Manager, Department of
Homeland Security, U.S. Coast Guard, Commercial Vessel Compliance (CG-
CVC-1), 2703 Martin Luther King Jr. Avenue SE, STOP 7501, Washington,
DC 20593-7501, Phone: 202 372-1216, Email: [email protected].
RIN: 1625-AC55
DEPARTMENT OF HOMELAND SECURITY (DHS)
U.S. Customs and Border Protection (USCBP)
Proposed Rule Stage
129. Automated Commercial Environment (ACE) Electronic Export
Manifest for Vessel Cargo [1651-AB59]
Legal Authority: Not Yet Determined
Abstract: U.S. Customs and Border Protection (CBP) proposes to
amend its regulations to require the advance submission of electronic
export manifest (EEM) information to CBP in the Automated Commercial
Environment for cargo transported by vessel departing the United
States. The proposed rule would identify the parties eligible to
transmit advance vessel EEM information, and their responsibilities,
and describe the time frames for transmission of the information prior
to cargo loading or conveyance departure. Requiring this data in
advance would significantly improve cargo safety and security while
minimizing disruption to the flow of commerce in the sea environment.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Thomas Pagano, Chief, Outbound Enforcement Branch,
Department of Homeland Security, U.S. Customs and Border Protection,
Office of Field Operations, 1300 Pennsylvania Ave, NW, Washington, DC
20229, Phone: 202 344-3277, Email: [email protected]
RIN: 1651-AB59
DEPARTMENT OF HOMELAND SECURITY (DHS)
Transportation Security Administration (TSA)
Long-Term Actions
130. Vetting of Certain Surface Transportation Employees [1652-AA69]
Legal Authority: 49 U.S.C. 114; Pub. L. 108-90, sec. 520; Pub. L.
110-53, secs. 1411, 1414, 1512, 1520, 1522, and 1531
[[Page 66828]]
Abstract: The 9/11 Act requires vetting of certain railroad, public
transportation, and over-the-road bus employees. Also, 6 U.S.C. 469
requires TSA to collect fees to recover the costs of the vetting
services. On May 23, 2023, the Transportation Security Administration
(TSA) issued a proposed rule to establish the standards and procedures
to conduct the required vetting and recover costs. This regulation is
related to 1652-AA55, Security Training for Surface Transportation
Employees.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/23/23 88 FR 33472
NPRM Comment Period End............. 08/21/23 .......................
NPRM Extension of Comment Period.... 08/22/23 88 FR 57044
NPRM Extension Comment Period End... 10/01/23 .......................
-----------------------------------
Final Rule.......................... To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Ashlee Marks, Branch Manager, Policy Development
Branch, Surface Division, Department of Homeland Security,
Transportation Security Administration, Policy, Plans, and Engagement,
6595 Springfield Center Drive, Springfield, VA 20598-6028, Phone: 571
227-3740, Email: [email protected].
James Ruger, Chief Economist, Economic Analysis Branch-Coordination
& Analysis Division, Department of Homeland Security, Transportation
Security Administration, Policy, Plans, and Engagement, 6595
Springfield Center Drive, Springfield, VA 20598-6028, Phone: 571 227-
5519, Email: [email protected].
Christine Beyer, Senior Counsel, Regulations and Security
Standards, Department of Homeland Security, Transportation Security
Administration, Chief Counsel's Office, 6595 Springfield Center Drive,
Springfield, VA 20598-6002, Phone: 571 227-3653, Email:
[email protected].
RIN: 1652-AA69
131. Amending Vetting Requirements for Employees With Access to a
Security Identification Display Area (SIDA) [1652-AA70]
Legal Authority: Pub. L. 114-190, sec. 3405
Abstract: As required by the FESSA, TSA will propose a rule to
revise its regulations, reflecting current knowledge of insider threat
and intelligence, to enhance the eligibility requirements and
disqualifying criminal offenses for individuals seeking or having
unescorted access to any SIDA of an airport. Consistent with the
statutory mandate, TSA will consider adding to the list of
disqualifying criminal offenses and criteria, develop an appeal and
waiver process for the issuance of credentials for unescorted access,
and propose an extension of the lookback period for disqualifying
crimes. As part of TSA's reevaluation of the eligibility and redress
standards for aviation workers required by the Act, TSA is also
reevaluating the current vetting process to minimize any security risks
that may exist.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Zachary Landis, Branch Manager, Airports Security
Programs, Department of Homeland Security, Transportation Security
Administration, Aviation Division, Policy, Plans, and Engagement,
Springfield, VA 20598-6028, Phone: 571 230-4863, Email:
[email protected].
James Ruger, Chief Economist, Economic Analysis Branch-Coordination
& Analysis Division, Department of Homeland Security, Transportation
Security Administration, Policy, Plans, and Engagement, 6595
Springfield Center Drive, Springfield, VA 20598-6028, Phone: 571 227-
5519, Email: [email protected].
Christine Beyer, Senior Counsel, Regulations and Security
Standards, Department of Homeland Security, Transportation Security
Administration, Chief Counsel's Office, 6595 Springfield Center Drive,
Springfield, VA 20598-6002, Phone: 571 227-3653, Email:
[email protected].
RIN: 1652-AA70
DEPARTMENT OF HOMELAND SECURITY (DHS)
Federal Emergency Management Agency (FEMA)
Final Rule Stage
132. Updates to Floodplain Management and Protection of Wetlands
Regulations To Implement the Federal Flood Risk Management Standard
[1660-AB12]
Legal Authority: 6 U.S.C. 101 et seq.; 42 U.S.C. 4001 et seq.; 42
U.S.C. 4321 et seq.; E.O. 11988 of May 24, 1977, 42 FR 26951, 3 CFR,
1977 Comp., p. 117; E.O. 11990 of May 24, 1977, 42 FR 26961, 3 CFR,
1977 Comp., p. 121; E.O. 13690, 80 FR 6425; E.O. 14030, 86 FR 27967
Abstract: On October 2, 2023, consistent with President Biden's
Executive Order on Climate Related Financial Risk (E.O. 14030), the
Federal Emergency Management Agency (FEMA) proposed to amend its
regulations at 44 CFR part 9, ``Floodplain Management and Protection of
Wetlands,'' to incorporate amendments to Executive Order 11988 and the
Federal Flood Risk Management Standard (FFRMS). The FFRMS is a flexible
framework allowing agencies to choose among three approaches to define
the floodplain and corresponding flood elevation requirements for
federally funded projects. 44 CFR part 9 describes FEMA's process under
Executive Order 11988 for determining whether the proposed location for
an action falls within a floodplain and how to complete the action in
the floodplain, in light of the risk of flooding.
The rule would change how FEMA defines a floodplain with respect to
certain actions. Additionally, under the rule, FEMA would use natural
systems, ecosystem process, and nature-based approaches, where
practicable, when developing alternatives to locating the proposed
action in the floodplain. FEMA has engaged the public extensively on
these matters.
[[Page 66829]]
On February 5, 2015, FEMA acting on behalf of the Mitigation
Framework Leadership Group, published a Federal Register notice seeking
comments on a draft of the Revised Guidelines for Implementing
Executive Order 11988, Floodplain Management. The 60-day comment period
was extended an additional 30 days. During the public comment period
for the Revised Guidelines, FEMA sent advisories to representatives
from Governors' offices nationwide inviting comments on the draft
Revised Guidelines. Over 25 meetings were held across the country with
State, local, and Tribal officials and interested stakeholders to
discuss the draft Revised Guidelines as well as 9 public listening
sessions across the country attended by over 700 participants to
facilitate feedback. All relevant comments received in response to
these efforts have been posted to the public rulemaking docket on the
Federal eRulemaking portal at https://www.regulations.gov/document/FEMA-2015-0006-0001/comment. Comments from meetings and listening
sessions can be found at https://www.regulations.gov/docket/FEMA-2015-0006/document. Additionally, FEMA published a Notice of Proposed
Rulemaking (NPRM) in 2016 seeking public comment on FEMA's proposed
implementation of the Revised Guidelines. All relevant comments
received in response to the 2016 NPRM were posted to the public
rulemaking docket on the Federal eRulemaking portal at https://www.regulations.gov/document/FEMA-2015-0006-0373/comment.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Proposed Policy: Request for 10/02/23 88 FR 67697
Comments.
Proposed Policy: Comment Period End. 12/01/23 .......................
NPRM................................ 10/02/23 88 FR 67869
NPRM Comment Period End............. 12/01/23 .......................
Final Rule.......................... 07/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Portia Ross, Office of Environmental and Historic
Preservation, Department of Homeland Security, Federal Emergency
Management Agency, 400 C Street SW, Washington, DC 20472, Phone: 202
709-0677, Email: [email protected].
RIN: 1660-AB12
DEPARTMENT OF HOMELAND SECURITY (DHS)
Cybersecurity and Infrastructure Security Agency (CISA)
Proposed Rule Stage
133. Ammonium Nitrate Security Program [1670-AA00]
Legal Authority: 6 U.S.C. 488 et seq.
Abstract: The Cybersecurity and Infrastructure Security Agency
(CISA) is proposing a rulemaking to implement the December 2007
amendment to the Homeland Security Act titled ``Secure Handling of
Ammonium Nitrate.'' This amendment requires the Department of Homeland
Security to ``regulate the sale and transfer of ammonium nitrate by an
ammonium nitrate facility...to prevent the misappropriation or use of
ammonium nitrate in an act of terrorism.'' CISA previously issued a
Notice of Proposed Rulemaking (NPRM) on August 3, 2011. CISA is
planning to issue a Supplemental Notice of Proposed Rulemaking (SNPRM).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 10/29/08 73 FR 64280
ANPRM Correction.................... 11/05/08 73 FR 65783
ANPRM Comment Period End............ 12/29/08 .......................
NPRM................................ 08/03/11 76 FR 46908
Notice of Public Meetings........... 10/07/11 76 FR 62311
Notice of Public Meetings........... 11/14/11 76 FR 70366
NPRM Comment Period End............. 12/01/11 .......................
Notice of Availability.............. 06/03/19 84 FR 25495
Notice of Availability Comment 09/03/19 .......................
Period End.
Supplemental NPRM................... 07/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Ann Hunziker, Branch Chief for Policy Rulemaking
and Engagement, Department of Homeland Security, Cybersecurity and
Infrastructure Security Agency, 1310 N. Courthouse Rd., Arlington, VA
22202, Phone: 202 604-5817, Email: [email protected].
RIN: 1670-AA00
[FR Doc. 2024-16453 Filed 8-15-24; 8:45 am]
BILLING CODE 9110-9B-P
