REGULATORY AGENDA Semiannual Regulatory Agenda

 
CONTENT

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)

  1. 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)

  2. 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)

  3. 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)

  4. 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

  5. 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)

  6. 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)

  7. 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)

  8. [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)

  9. 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

  10. 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)

  11. 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)

  12. 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)

  13. 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