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)

187. 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)

188. 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)

189. 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)

190. 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

191. 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)

192. 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)

193. 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)

194. [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)

195. 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

196. 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)

197. 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)

198. 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)

199. 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