REGULATORY AGENDA Semiannual Regulatory Agenda
May 5, 2008 (Volume 73, Number 87)
Unified Agenda
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID: f:ua080506.wais
Page 24700-24708
Department of Homeland Security
Part VI
Semiannual Regulatory Agenda
Page 24700
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 and Legislative Affairs Division, Office of the General Counsel, Department of Homeland Security,
Washington, DC 20528.
Specific
Please direct specific comments and inquiries on individual regulatory actions identified in this agenda to the individual listed in the summary of the regulation as the point of contact for that regulatory action.
SUPPLEMENTARY INFORMATION: This notice is given pursuant to the requirements of the Regulatory Flexibility Act (Pub. L. 96-354,
September 19, 1980) and Executive Order (E.O.) 12866, ``Regulatory
Planning and Review'' (September 30, 1993), which require the publication of a semiannual agenda of regulations by the Department.
The regulatory agenda is a semiannual summary of all current and projected rulemakings, as well as actions completed since the publication of the last regulatory agenda for the Department. This is
DHS' eighth semiannual regulatory agenda since the Department's inception in January 2003. DHS' last semiannual regulatory agenda was published on December 10, 2007, at 72 FR 7006.
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 27, 2008.
Mary Kate Whalen,
Deputy Associate General Counsel for Regulatory Affairs.
Office of the Secretary--Completed Actions
Regulation
Sequence
Title
Identifier
Number
Number
187
Minimum Standards for Driver's Licenses and Identification Cards Acceptable to Federal 1601-AA37
Agencies for Official Purposes........................................................
U.S. Citizenship and Immigration Services--Proposed Rule Stage
Regulation
Sequence
Title
Identifier
Number
Number
188
Employment Based Immigrants--Elimination of Beneficiary Substitution on Approved Labor 1615-AB34
Certifications and Validity Period of Approved Labor Certifications...................
Page 24701
U.S. Citizenship and Immigration Services--Completed Actions
Regulation
Sequence
Title
Identifier
Number
Number
189
Reduction of the Number of Acceptable Documents and Other Changes to Employment
1615-AA01
Verification Requirements.............................................................
U.S. Coast Guard--Proposed Rule Stage
Regulation
Sequence
Title
Identifier
Number
Number
190
Claims Procedures Under the Oil Pollution Act of 1990 (USCG-2004-17697)............... 1625-AA03 191
Increasing Passenger Weight Standard for Passenger Vessels (USCG-2005-22732).......... 1625-AB20
U.S. Customs and Border Protection--Final Rule Stage
Regulation
Sequence
Title
Identifier
Number
Number
192
Importer Security Filing and Additional Carrier Requirements.......................... 1651-AA70
U.S. Customs and Border Protection--Completed Actions
Regulation
Sequence
Title
Identifier
Number
Number
193
Letters and Documents; Advanced Electronic Presentation of Cargo Data................. 1651-AA55
Transportation Security Administration--Final Rule Stage
Regulation
Sequence
Title
Identifier
Number
Number
194
Certified Cargo Screening Program..................................................... 1652-AA64
Transportation Security Administration--Long-Term Actions
Regulation
Sequence
Title
Identifier
Number
Number
195
Transportation Worker Identification Credential (TWIC) Implementation in the Maritime
1652-AA41
Sector; Hazardous Materials Endorsement for a Commercial Driver's License............. 196
Modification of the Aviation Security Infrastructure Fee (ASIF) (Market Share)........ 1652-AA43
U.S. Immigration and Customs Enforcement--Proposed Rule Stage
Regulation
Sequence
Title
Identifier
Number
Number
197
Safe-Harbor Procedures for Employers Who Receive a No-Match Letter; Clarification;
1653-AA50
Initial Regulatory Flexibility Analysis...............................................
Page 24702
U.S. Immigration and Customs Enforcement--Long-Term Actions
Regulation
Sequence
Title
Identifier
Number
Number
198
Electronic Signature and Storage of Form I-9, Employment Eligibility Verification..... 1653-AA47
Federal Emergency Management Agency--Long-Term Actions
Regulation
Sequence
Title
Identifier
Number
Number
199
Assistance to Firefighters Grant Program.............................................. 1660-AA50
Department of Homeland Security (DHS)
Completed Actions
Office of the Secretary (OS)
-
MINIMUM STANDARDS FOR DRIVER'S LICENSES AND IDENTIFICATION CARDS
ACCEPTABLE TO FEDERAL AGENCIES FOR OFFICIAL PURPOSES
Legal Authority: Division B--REAL ID Act of 2005; The Emergency
Supplemental Appropriations Act for Defense; The Global War on Terror and Tsunami Relief, 2005; PL 109-13, 119 Stat 231, 302 (May 11, 2005)
(codified at 49 USC 30301 note)
Abstract: The Department of Homeland Security is establishing minimum standards for State-issued driver's licenses and identification cards that Federal agencies would accept for official purposes on or after
May 11, 2008, in accordance with the REAL ID Act of 2005. This rule establishes standards to meet the minimum requirements of the REAL ID
Act of 2005, including: Information and security features that must be incorporated into each card; application information to establish the identity and immigration status of an applicant before a card can be issued; and physical security standards for locations where driver's licenses and applicable identification cards are issued.
Timetable:
Action
Date
FR Cite
NPRM
03/09/07
72 FR 10820
NPRM Comment Period End
05/08/07
Final Action
01/29/08
73 FR 5272
Final Action Effective
03/31/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Darrell Williams, Director, REAL ID, Department of
Homeland Security, Office of the Secretary, Washington, DC 20528
Phone: 202 447-3836
Email: darrell.williams@dhs.gov
RIN: 1601-AA37
Department of Homeland Security (DHS)
Proposed Rule Stage
U.S. Citizenship and Immigration Services (USCIS)
-
EMPLOYMENT BASED IMMIGRANTS--ELIMINATION OF BENEFICIARY
SUBSTITUTION ON APPROVED LABOR CERTIFICATIONS AND VALIDITY PERIOD OF
APPROVED LABOR CERTIFICATIONS
Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1151; 8 USC 1153; 8 USC 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
NPRM
08/00/08
NPRM Comment Period End
09/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Kevin Cummings, Branch Chief, Business and Trade
Services, Department of Homeland Security, U.S. Citizenship and
Immigration Services, Second Floor, Office of Program and Regulations
Development, 20 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 272-8412
Email: kevin.cummings@dhs.gov
RIN: 1615-AB34
Page 24703
Department of Homeland Security (DHS)
Completed Actions
U.S. Citizenship and Immigration Services (USCIS)
-
REDUCTION OF THE NUMBER OF ACCEPTABLE DOCUMENTS AND OTHER CHANGES
TO EMPLOYMENT VERIFICATION REQUIREMENTS
Legal Authority: 8 USC 1324a; PL 104-208
Abstract: On September 30, 1996, the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (IIRIRA) was enacted. Section 412(a) of IIRIRA requires a reduction in the number of documents that may be accepted in the employment verification process. Section 412(d) clarifies the applicability of section 274A to the Federal Government.
Section 610 of the Regulatory Flexibility Act requires Agencies to review rules that have a significant economic impact on a substantial number of small entities every 10 years. The Department is conducting this review in conjunction with IIRIRA implementation.
Timetable:
Action
Date
FR Cite
NPRM (No. 1399 Comment Period
End 12/23/93)
11/23/93
58 FR 61846
NPRM (No. 1339S Comment Period
End 07/24/95)
06/22/95
60 FR 32472
Notice (No. 1713 Applications
Due 01/29/96)
11/30/95
60 FR 61630
Appl. Extension Through 3/8/96;
Notice Pilot Demonstration
Program (No. 1713)
02/06/96
61 FR 4378
Final Rule (No. 1399E)
09/04/96
61 FR 46534
Interim Final Rule (No. 1818) 09/30/97
62 FR 51001
NPRM (No. 1890-97 Comment Period
End 04/03/98)
02/02/98
63 FR 5287
Merged With RIN 1615-AB69
02/22/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Katherine Lotspeich, Chief, Verification Division,
Department of Homeland Security, U.S. Citizenship and Immigration
Services, 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529
Phone: 202 358-7771
Email: katherine.lotspeich@dhs.gov
RIN: 1615-AA01
Department of Homeland Security (DHS)
Proposed Rule Stage
U.S. Coast Guard (USCG)
-
CLAIMS PROCEDURES UNDER THE OIL POLLUTION ACT OF 1990 (USCG-2004- 17697)
Legal Authority: 33 USC 2713 to 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.
Market or Regulatory Failure Analysis: The Oil Pollution Act of 1990
(OPA 90), at 33 U.S.C. 2713(e), requires regulations for the presentation, filing, processing, settlement, and adjudication of claims for reimbursement of uncompensated oil removal costs and damages by the Oil Spill Liability Trust Fund. On August 12, 1992, the Coast
Guard published an interim rule with request for comments, at 33 CFR part 136, entitled ``Claims Under the Oil Pollution Act of 1990'' (57
FR 36314). The provisions in this rulemaking would address public comment on the interim rule and assist claimants in their preparation of a complete OPA 90 claim. We believe that without this regulation there would be inadequate or asymmetric information available to OPA 90 claimants.
Timetable:
Action
Date
FR Cite
Interim Rule
08/12/92
57 FR 36314
Correction
09/09/92
57 FR 41104
Interim Rule Comment Period End 12/10/92
NPRM
01/00/09
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Benjamin White, Project Manager, National Pollution
Funds Center, Department of Homeland Security, U.S. Coast Guard, 4200
Wilson Boulevard, Arlington, VA 22203-1804
Phone: 202 493-6863
Email: benjamin.h.white@uscg.mil
RIN: 1625-AA03
-
INCREASING PASSENGER WEIGHT STANDARD FOR PASSENGER VESSELS (USCG- 2005-22732)
Legal Authority: 33 USC 1321(j); 43 USC 1333; 46 USC 2103, 3205, 3306, 3307, 3703, 6101; 49 USC App 1804; EO 111735; EO 12234; Dept of
Homeland Security Delegation No 0170.1
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
Page 24704
operating these vessels in hazardous weather conditions.
Market or Regulatory Failure Analysis: These regulations need to be updated to reflect current passenger weights. Standards are often set because owners and operators cannot internalize the benefits of appropriate safety standards. The commercial passenger vessel industry is not capable of voluntarily establishing uniform, nationwide standards for passenger weight. Failure to update the standards to reflect accurate, current passenger weights places passenger vessels at greater risk of capsizing.
This NPRM would support the Coast Guard's strategic goal of maritime safety.
Timetable:
Action
Date
FR Cite
NPRM
12/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: William Peters, Program Manager, Office of Design &
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)
-
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: This rule would amend DHS regulations to provide that Customs and Border Protection (CBP) must receive, by way of a CBP-approved electronic data interchange system, additional information from carriers and importers pertaining to cargo before the cargo is brought into the United States by vessel. The information required is that which is reasonably necessary to enable high-risk shipments to be identified so as to prevent smuggling and ensure cargo safety and security pursuant to the laws enforced and administered by CBP. The amendment is specifically intended to implement the provisions of section 203 of the Security and Accountability for Every Port Act of 2006.
Timetable:
Action
Date
FR Cite
NPRM
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
Final Action
09/00/08
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
Email: richard.dinucci@dhs.gov
RIN: 1651-AA70
Department of Homeland Security (DHS)
Completed Actions
U.S. Customs and Border Protection (USCBP)
-
LETTERS AND DOCUMENTS; ADVANCED ELECTRONIC PRESENTATION OF CARGO
DATA
Legal Authority: 5 USC 301; 19 USC 1431; 19 USC 1436; 19 USC 2071 note;
Abstract: Pursuant to section 343(a) of the Trade Act of 2002, as amended by the Maritime Transportation Security Act of 2002, CBP requires that it receive electronically information pertaining to cargo before the cargo is either brought into or sent from the United States by any mode of commercial transportation. This rule concerns letters and documents that are being transported by air transportation. The rule exempts from full manifesting requirements flat documents and letters not exceeding 16 ounces.
Timetable:
Action
Date
FR Cite
Withdrawn
04/22/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: David M. King, Program Officer, Office of Field
Operations, Department of Homeland Security, U.S. Customs and Border
Protection, 1300 Pennsylvania Avenue NW., Washington, DC 20229
Phone: 202 344-1133
RIN: 1651-AA55
Department of Homeland Security (DHS)
Final Rule Stage
Transportation Security Administration (TSA)
-
[bull] CERTIFIED CARGO SCREENING PROGRAM
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
Page 24705
requirements of sec. 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 third party 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
08/00/08
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 22202
Phone: 571 227-3664
Email: victor.parker@dhs.gov
Alice Crowe, Attorney, Regulations Division, Department of Homeland
Security, Transportation Security Administration, Office of the Chief
Counsel, TSA-2, HQ, E-12-309N, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-2652
Fax: 571 227-1378
Email: alice.crowe@dhs.gov
RIN: 1652-AA64
Department of Homeland Security (DHS)
Long-Term Actions
Transportation Security Administration (TSA)
-
TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL (TWIC)
IMPLEMENTATION IN THE MARITIME SECTOR; HAZARDOUS MATERIALS ENDORSEMENT
FOR A COMMERCIAL DRIVER'S LICENSE
Legal Authority: 6 USC 469; 18 USC 842; 18 USC 845; 46 USC 70105; 49
USC 114; 49 USC 5103a; 49 USC 40113; 49 USC 44903; 49 USC 46105
Abstract: The Department of Homeland Security (DHS), through the
Transportation Security Administration (TSA) and the United States
Coast Guard (Coast Guard), issued a final rule on January 25, 2007, implementing provisions of the Maritime Transportation Security Act of 2002. The rule requires credentialed merchant mariners and workers with unescorted access to secure areas of vessels and facilities to undergo a security threat assessment and receive a biometric credential, known as a Transportation Worker Identification Credential (TWIC). After enrollment in a Captain of the Port Zone is complete, persons without
TWICs will not be granted unescorted access to secure areas at affected maritime facilities or on vessels. The final rule enhances the security of ports by requiring security threat assessments of persons with unescorted access to secure areas.
In the final rule, TSA applies its security threat assessment standards that apply to commercial drivers authorized to transport hazardous materials to merchant mariners and workers who require unescorted access to secure areas on vessels and at maritime facilities. To minimize redundant background checks of workers, TSA amended the threat assessment standards to include a process by which TSA determines if a background check conducted by another governmental agency is comparable to the standards in this rule. TSA expanded existing appeal and waiver provisions to apply to TWIC applicants and air cargo employees who undergo a security threat assessment. These modifications include a process for the review of adverse waiver decisions and certain disqualification cases by an administrative law judge. TSA also extends the time period in which applicants may apply for an appeal or waiver.
The rule establishes the user fee and card replacement fee for the
TWIC. The standard TWIC fee total is $132.50, and is valid for five years. Workers with current, comparable background checks will pay a reduced fee of $105.25. The cost of a replacement TWIC, if the original is lost, stolen, or damaged is $60.
Timetable:
Action
Date
FR Cite
Notice--Information Collection;
Prototype 60-Day New Collection 04/05/04
69 FR 17704
Notice--Information Collection;
National Survey 60-Day New
Collection
04/05/04
69 FR 17703
Notice--Information Collection;
Prototype 30-Day New Collection 07/27/04
69 FR 44675
Notice--Information Collection;
National Survey 30-Day New
Collection
07/27/04
69 FR 44675
NPRM
05/22/06
71 FR 29396
NPRM; Comment Period End
07/06/06
Notice--Public Meetings
05/26/06
71 FR 30352
Notice--Response to Letters From
Congress
08/21/06
71 FR 48527
Final Rule; Request for Comments01/25/07
72 FR 3492
Final Rule; Comment Period End
For Card Replacement Fee
02/26/07
Final Rule Effective
03/26/07
Final Rule; Correction 1
02/07/07
72 FR 5632
Final Rule; TWIC Fees
03/20/07
72 FR 13026
Final Rule; Correction 2
03/26/07
72 FR 14049
Final Rule; OFR Editorial
Correction to TSA Correction 2 03/30/07
72 FR 15195
Notice; TWIC Biometric Reader
Specs and SmartCard Application 09/20/07
72 FR 53784
Final Rule; TWIC Amendment Fees and Non-resident Alien
Applicants
09/28/07
72 FR 55043
Page 24706
Notice; TWIC Enrollment Date for
Port of Wilmington, DE
10/09/07
72 FR 57342
Notice: TWIC Enrollment Date for the Port of Corpus Christi, TX 10/26/07
72 FR 60871
Notice: TWIC Enrollment Dates -
Ports of Honolulu; Baton Rouge;
Takoma; Beaumont; Oakland
11/06/07
72 FR 62667
Notice: Public Meeting on Reader
Hardware and Card Application
Specifications
11/08/07
72 FR 63106
Notice: TWIC Enrollment Dates--
Ports of Houston; Providence;
Chicago; Port Arthur; Savannah 11/13/07
72 FR 63919
Notice: TWIC Enrollment Dates--
Ports of Dundalk, MD;
Minneapolis, MN; and St. Paul,
MN
11/16/07
72 FR 64662
Notice: TWIC Enrollment Dates--
Ports of Lake Charles, LA
11/19/07
72 FR 65054
Notice: TWIC Enrollment Dates--
Ports of Boston, MA; Charleston,
SC; Cleveland, OH et al
11/21/07
72 FR 65586
Notice: TWIC Enrollment Dates--
Ports of Mobile, AL; Brunswick,
GA; Milwaukee, WI; and Phila. PA11/28/07
72 FR 67312
Notice: TWIC Enrollment Dates--
Ports of Long Beach, CA and
Indiana Harbor, IN
12/03/07
72 FR 67945
Notice: TWIC Enrollment
DatesPorts of Tulsa, OK and
Albany, NY
12/04/07
72 FR 68174
Notice: TWIC Enrollment Dates--
Ports of Seattle, WA; New York/
New Jersey; Wilmington, NC et al12/10/07
72 FR 69698
Notice: TWIC Enrollment Dates--
Port of Los Angeles/Long Beach,
CA
12/13/07
72 FR 70877
Notice: TWIC Enrollment Dates--
Ports of Peoria and Joliet, IL;
Memphis, TN; and Buffalo, NY 12/14/07
72 FR 71143
Notice: TWIC Enrollment Dates--
Ports of Hilo, HI; International
Falls, MN; Ontonagon, MI et al 12/26/07
72 FR 73040
Notice: TWIC Enrollment Dates--
Ports of Portland, OR; Victoria,
TX; Kahului, Maui, HI et al
01/03/08
73 FR 496
Notice: TWIC Enrollment Dates--
Ports of Bourne, MA; Green Bay,
WI; Pittsburgh, PA et al
01/11/08
73 FR 2058
Notice: TWIC Enrollment Dates--
Ports of Vicksburg, MS;
Muskegon, MI; and Miami, FL
01/17/08
73 FR 3261
Notice: TWIC Enrollment Dates--
Ports of Louisville, KY;
Ashtabula, OH; Everett, WA et al01/29/08
73 FR 5204
Notice: TWIC Enrollment Dates--
Ports of Tampa, FL; Cincinnati,
OH; Richmond, CA; S. Louisiana,
LA
02/15/08
73 FR 8893
Notice: TWIC Enrollment Dates--
Ports of Anacortes, WA and
Norfolk, VA
02/20/08
73 FR 9347
Notice: TWIC Enrollment Dates--
Ports of Marine City MI; St.
Ignace MI; Palm Beach FL; St.
Louis, MO
02/25/08
73 FR 10044
Notice--Information Collection; 30-Day Renewal TWIC Program
02/25/08
73 FR 10043
Notice: TWIC Enrollment Dates--
Ports of Newport News, Panama
City, SanDiego, Gulfport,
KeyWest et al
03/06/08
73 FR 12186
TWIC Correcting Amendments
03/12/08
73 FR 13155
Notice: TWIC Enrollment Dates for Port of Bangor, ME
03/12/08
73 FR 13244
Notice: TWIC Enrollment Dates--
Ports of Ponce, PR and Laporte,
TX
04/04/08
73 FR 18550
Notice: TWIC Enrollment Dates--
Ports of Portsmouth, NH;
Chattanooga, TN; and San Juan,
PR
04/11/08
73 FR 19859
Notice: TWIC Enrollment Dates--
Ports of Juneau, AK; Freeport,
TX; Anchorage, AK and Sandusky,
OH
04/18/08
73 FR 21149
Next Action Undetermined
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Maurine Fanguy, TWIC Project Manager, Department of
Homeland Security, Transportation Security Administration, Office of
Threat Assessment & Credentialing, TSA-19, HQ, E8, 601 South 12th
Street, Arlington, VA 22202-4220
Phone: 571 227-3741
Email: maurine.fanguy@dhs.gov
Christine Beyer, Assistant Chief Counsel, Regulations Division,
Department of Homeland Security, Transportation Security
Administration, Office of the Chief Counsel, TSA-2, HQ, E12-336N, 601
South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-2657
Email: christine.beyer@dhs.gov
RIN: 1652-AA41
-
MODIFICATION OF THE AVIATION SECURITY INFRASTRUCTURE FEE (ASIF)
(MARKET SHARE)
Legal Authority: 49 USC 44901; 49 USC 44940
Abstract: This rulemaking will seek comment on a proposed revision to the method for apportioning the Aviation Security Infrastructure Fee
(ASIF) among air carriers. The ASIF is a fee imposed on air carriers and foreign air carriers to help pay the Government's costs of providing civil aviation security services.
Starting in fiscal year 2005, the Aviation and Transportation Security
Act (ATSA) (Pub. L. 107-71; 11/19/2001), authorizes TSA to change the methodology for imposing the ASIF on air carriers and foreign air carriers from a system based on their 2000 screening costs to a system based on market share or other appropriate measures.
Page 24707
On November 5, 2003, the Transportation Security Administration (TSA) published a notice requesting comment on possible changes in order to allow for open industry and public input before beginning the formal rulemaking process for changing this fee.
TSA sought comments on issues regarding how to impose the ASIF, and whether, when, and how often the ASIF should be adjusted. The comment period was extended on the notice for an additional 30 days, until
February 5, 2004. 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
Agency Contact: Michael Gambone, Deputy Director, Office of Revenue,
Department of Homeland Security, Transportation Security
Administration, Office of Finance & Administration, TSA-14, HQ, W12- 319, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-1081
Fax: 571 227-2904
Email: michael.gambone@dhs.gov
Greg Moxness, Branch Chief, Regulatory & Business Analysis Branch,
TSNI, Department of Homeland Security, Transportation Security
Administration, Office of Transportation Sector Network Management,
TSA-28, HQ, E3-203S, 601 South 12th Street, Arlington, VA 22202-4220
Phone: 571 227-1002
Email: greg.moxness@dhs.gov
Linda L. Kent, Sr. Attorney, Regulations Division, Department of
Homeland Security, Transportation Security Administration, Office of the Chief Counsel, TSA-2, HQ, E12-126S, 601 South 12th Street,
Arlington, VA 22202-4220
Phone: 571 227-2675
Fax: 571 227-1381
Email: linda.kent@dhs.gov
RIN: 1652-AA43
Department of Homeland Security (DHS)
Proposed Rule Stage
U.S. Immigration and Customs Enforcement (USICE)
-
SAFE-HARBOR PROCEDURES FOR EMPLOYERS WHO RECEIVE A NO-MATCH LETTER;
CLARIFICATION; INITIAL REGULATORY FLEXIBILITY ANALYSIS
Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1324a
Abstract: The Department of Homeland Security (DHS) is proposing to amend its regulations that provide a ``safe harbor'' from liability under section 274A of the Immigration and Nationality Act for employers who follow certain procedures after receiving a notice from the Social
Security Administration (SSA) -- called a ``no-match letter'' -- or from DHS -- called a ``notice of suspect document'' -- that casts doubt on the employment eligibility of their employees. The prior final rule was published on August 15, 2007 (the August 2007 Final Rule).
Implementation of that rule was preliminarily enjoined by the United
States District Court for the Northern District of California on
October 10, 2007. The district court based its preliminary injunction on three findings. This supplemental proposed rule clarifies certain aspects of the August 2007 Final Rule and responds to the three findings underlying the district court's injunction.
Timetable:
Action
Date
FR Cite
NPRM
06/14/06
71 FR 34281
NPRM Comment Period End
08/14/06
Final Rule
08/15/07
72 FR 45611
Supplemental NPRM
03/26/08
73 FR 15944
Supplemental NPRM Comment Period
End
04/25/08
Second NPRM
05/00/08
Final Action
10/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Ms. Marissa Hernandez, National Program Manager,
Worksite Enforcement, Department of Homeland Security, U.S. Immigration and Customs Enforcement, Office of Investigations, 425 I Street NW.,
Washington, DC 20536
Phone: 202 307-0071
RIN: 1653-AA50
Department of Homeland Security (DHS)
Long-Term Actions
U.S. Immigration and Customs Enforcement (USICE)
-
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
Page 24708
and the electronic retention of the Form I-9.
Timetable:
Action
Date
FR Cite
Interim Final Rule
06/15/06
71 FR 34510
Interim Final Rule Effective 06/15/06
Interim Final Rule Comment
Period End
08/14/06
Next Action Undetermined
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Ms. Marissa Hernandez, National Program Manager,
Worksite Enforcement, Department of Homeland Security, U.S. Immigration and Customs Enforcement, Office of Investigations, 425 I Street NW.,
Washington, DC 20536
Phone: 202 307-0071
RIN: 1653-AA47
Department of Homeland Security (DHS)
Long-Term Actions
Federal Emergency Management Agency (FEMA)
-
ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM
Legal Authority: Federal Fire Prevention and Control Act of 1974 (15
USC 2229) as amended.
Abstract: To update existing guidance on grants made directly to fire departments and non-affiliated emergency medical service (EMS) organizations of a State for the purpose of enhancing their ability to protect the health and safety of the public as well as that of firefighting personnel facing fire and fire-related hazards, and on grants made to eligible organizations and fire departments for fire prevention and firefighter safety research activities.
Timetable:
Action
Date
FR Cite
NPRM
To Be
Determined
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Brian Cowan, Director, Assistance to Firefighters
Program Office, Department of Homeland Security, Federal Emergency
Management Agency, 245 Murray Lane SW., Building 410, Washington, DC 20528-7000
Phone: 202 786-9790
Fax: 202 786-9938
Email: firegrants@dhs.gov
RIN: 1660-AA50
FR Doc. E8-7538 Filed 05-02-08; 8:45 am
BILLING CODE 4410-10-S
