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Office of the Secretary, DHS.
Semiannual Regulatory Agenda.
This regulatory agenda is a semiannual summary of projected regulations, existing regulations, and completed actions of the Department of Homeland Security (DHS) and its components. This agenda provides the public with information about DHS's regulatory and deregulatory activity. DHS expects that this information will enable the public to be more aware of, and effectively participate in, the Department's regulatory and deregulatory activity. DHS invites the public to submit comments on any aspect of this agenda.
Please direct general comments and inquiries on the agenda to the Regulatory Affairs Law Division, Office of the General Counsel, U.S. Department of Homeland Security, 2707 Martin Luther King Jr. Avenue SE, Mail Stop 0485, Washington, DC 20528-0485.
Please direct specific comments and inquiries on individual actions identified in this agenda to the individual listed in the summary portion as the point of contact for that action.
DHS provides this notice pursuant to the requirements of the Regulatory Flexibility Act (Pub. L. 96-354, Sept. 19, 1980) and Executive Order 12866 “Regulatory Planning and Review” (Sept. 30, 1993) as incorporated in Executive Order 13563 “Improving Regulation and Regulatory Review” (Jan. 18, 2011), which require the Department to publish a semiannual agenda of regulations. The regulatory agenda is a summary of existing and projected regulations as well as actions completed since the publication of the last regulatory agenda for the Department. DHS's last semiannual regulatory agenda was published online on April 1, 2022, at https://www.reginfo.gov/public/do/eAgendaMain.
Beginning in fall 2007, the internet became the basic means for disseminating the Unified Agenda. The complete Unified Agenda is available online at www.reginfo.gov.
The Regulatory Flexibility Act (5 U.S.C. 602) requires Federal agencies to publish their regulatory flexibility agendas in the Federal Register . A regulatory flexibility agenda shall contain, among other things, a brief description of the subject area of any rule which is likely to have a significant economic impact on a substantial number of small entities. DHS's printed agenda entries include regulatory actions that are in the Department's regulatory flexibility agenda. Printing of these entries is limited to fields that contain information required by the agenda provisions of the Regulatory Flexibility Act. Additional information on these entries is available in the Unified Agenda published on the internet.
The semiannual agenda of the Department conforms to the Unified Agenda format developed by the Regulatory Information Service Center.
Dated: October 6, 2022.
Christina E. McDonald,
Associate General Counsel for Regulatory Affairs.
| Sequence No. | Title | Regulation Identifier No. |
|---|---|---|
| 335 | Homeland Security Acquisition Regulation, Enhancement of Whistleblower Protections for Contractor Employees | 1601-AA72 |
| 336 | Homeland Security Acquisition Regulation: Information Technology Security Awareness Training (HSAR Case 2015-002) | 1601-AA78 |
| Sequence No. | Title | Regulation Identifier No. |
|---|---|---|
| 337 | Homeland Security Acquisition Regulation: Safeguarding of Controlled Unclassified Information (HSAR Case 2015-001) | 1601-AA76 |
| Sequence No. | Title | Regulation Identifier No. |
|---|---|---|
| 338 | U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements (Reg Plan Seq No. 93) | 1615-AC68 |
| References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register . | ||
| Sequence No. | Title | Regulation Identifier No. |
|---|---|---|
| 339 | Requirements for Filing Motions and Administrative Appeals | 1615-AB98 |
| Sequence No. | Title | Regulation Identifier No. |
|---|---|---|
| 340 | Claims Procedures Under the Oil Pollution Act of 1990 | 1625-AA03 |
| 341 | Lifejacket Approval Harmonization | 1625-AC62 |
| Sequence No. | Title | Regulation Identifier No. |
|---|---|---|
| 342 | Commercial Fishing Vessels—Implementation of 2010 and 2012 Legislation | 1625-AB85 |
| Sequence No. | Title | Regulation Identifier No. |
|---|---|---|
| 343 | Importer Security Filing and Additional Carrier Requirements (Section 610 Review) | 1651-AA70 |
| 344 | Implementation of the Guam-CNMI Visa Waiver Program (Section 610 Review) | 1651-AA77 |
| Sequence No. | Title | Regulation Identifier No. |
|---|---|---|
| 345 | Amending Vetting Requirements for Employees With Access to a Security Identification Display Area (SIDA) (Reg Plan Seq No. 104) | 1652-AA70 |
| References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register . | ||
| Sequence No. | Title | Regulation Identifier No. |
|---|---|---|
| 346 | Ammonium Nitrate Security Program (Reg Plan Seq No. 113) | 1670-AA00 |
| 347 | Chemical Facility Anti-Terrorism Standards (CFATS) (Reg Plan Seq No. 114) | 1670-AA01 |
| References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register . | ||
Legal Authority: Sec. 827 of the National Defense Authorization Act (NDAA) for Fiscal Year 2013, (Pub. L. 112-239, enacted January 2, 2013); 41 U.S.C. 1302(a)(2) and 1707
Abstract: The Department of Homeland Security (DHS) is proposing to amend its Homeland Security Acquisition Regulation (HSAR) parts 3003 and 3052 to implement section 827 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2013 (Pub. L. 112-239, enacted January 2, 2013) for the United States Coast Guard (USCG). Section 827 of the NDAA for FY 2013 established enhancements to the Whistleblower Protections for Contractor Employees for all agencies subject to section 2409 of title 10, United States Code, which includes the USCG.
Timetable:
| Action | Date | FR Cite |
|---|---|---|
| NPRM | 05/00/23 |
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Nancy Harvey, Policy Analyst, Department of Homeland Security, Office of the Chief Procurement Officer, Room 3636-15, 301 7th Street SW, Washington, DC 20528, Phone: 202 447-0956, Email: nancy.harvey@hq.dhs.gov.
RIN: 1601-AA72
Legal Authority:5 U.S.C. 301 and 302; 41 U.S.C. 1707, 1302 and 1303
Abstract: This Homeland Security Acquisition Regulation (HSAR) rule would standardize information technology security awareness training and DHS Rules of Behavior requirements for contractor and subcontractor employees who access DHS information systems and information resources or contractor-owned and/or operated information systems and information resources capable of collecting, processing, storing, or transmitting controlled unclassified information (CUI).
( printed page 11240)Timetable:
| Action | Date | FR Cite |
|---|---|---|
| NPRM | 01/19/17 | 82 FR 6446 |
| NPRM Comment Period End | 03/20/17 | |
| NPRM Comment Period Extended | 03/20/17 | 82 FR 14341 |
| NPRM Comment Period Extended End | 04/19/17 | |
| Supplemental NPRM | 02/00/23 |
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Shaundra Ford, Procurement Analyst, Department of Homeland Security, Office of the Chief Procurement Officer, Acquisition Policy and Legislation, 245 Murray Lane SW, Washington, DC 20528, Phone: 202 447-0056, Email: shaundra.ford@hq.dhs.gov.
Nancy Harvey, Policy Analyst, Department of Homeland Security, Office of the Chief Procurement Officer, Room 3636-15, 301 7th Street SW, Washington, DC 20528, Phone: 202 447-0956, Email: nancy.harvey@hq.dhs.gov.
RIN: 1601-AA78
Legal Authority:5 U.S.C. 301 to 302; 41 U.S.C. 1302, 1303 and 1707
Abstract: This Homeland Security Acquisition Regulation (HSAR) rule would implement security and privacy measures to ensure Controlled Unclassified Information (CUI), such as Personally Identifiable Information (PII), is adequately safeguarded by DHS contractors. Specifically, the rule would define key terms, outline security requirements and inspection provisions for contractor information technology (IT) systems that store, process or transmit CUI, institute incident notification and response procedures, and identify post-incident credit monitoring requirements.
Timetable:
| Action | Date | FR Cite |
|---|---|---|
| NPRM | 01/19/17 | 82 FR 6429 |
| NPRM Comment Period End | 03/20/17 | |
| NPRM Comment Period Extended | 03/20/17 | 82 FR 14341 |
| NPRM Comment Period Extended End | 04/19/17 | |
| Final Rule | 12/00/22 |
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Shaundra Ford, Procurement Analyst, Department of Homeland Security, Office of the Chief Procurement Officer, Acquisition Policy and Legislation, 245 Murray Lane SW, Washington, DC 20528, Phone: 202 447-0056, Email: shaundra.ford@hq.dhs.gov.
Nancy Harvey, Policy Analyst, Department of Homeland Security, Office of the Chief Procurement Officer, Room 3636-15, 301 7th Street SW, Washington, DC 20528, Phone: 202 447-0956, Email: nancy.harvey@hq.dhs.gov.
RIN: 1601-AA76
Regulatory Plan: This entry is Seq. No. 93 in part II of this issue of the Federal Register .
RIN: 1615-AC68
Legal Authority:5 U.S.C. 552 and 552a; 8 U.S.C. 1101, 1103 and 1304; 6 U.S.C. 112
Abstract: The Department of Homeland Security (DHS) is proposing this rule to improve the administration of U.S. Citizenship and Immigration Services (USCIS) appeals, motions, and certifications. The proposed changes would update and restructure the regulations in order to clarify and streamline the administrative review process, increase efficiency, and reflect the establishment of DHS and its components.
Timetable:
| Action | Date | FR Cite |
|---|---|---|
| NPRM | 12/00/23 |
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: William K. Renwick, Jr., Branch Chief, Department of Homeland Security, U.S. Citizenship and Immigration Services, Administrative Appeals Office, 5900 Capital Gateway Drive, Suite 4S190, Camp Springs, MD 20588-0009, Phone: 240 721-3000.
RIN: 1615-AB98
Legal Authority:33 U.S.C. 2713 and 2714
Abstract: The purpose of this project is to remove superseded regulations at 33 Code of Federal Regulations (CFR) part 135, and to finalize the Oil Pollution Act of 1990 (OPA90) claims procedures at 33 CFR part 136. The OPA90 claims procedures, implementing OPA90 section 1013 (Claims Procedures) and section 1014 (Designation of Source and Advertisement), were established by an interim rule, titled “Claims under the Oil Pollution Act of 1990” (Interim Rule) that has not been substantively amended since it was published in 1992. This rulemaking supports the Coast Guard's strategic goal of protection of natural resources.
Timetable:
| Action | Date | FR Cite |
|---|---|---|
| Interim Final Rule | 08/12/92 | 57 FR 36314 |
| Correction | 09/09/92 | 57 FR 41104 |
| Interim Final Rule Comment Period End | 12/10/92 | |
| Notice of Inquiry | 11/01/11 | 76 FR 67385 |
| Notice of Inquiry Comment Period End | 01/30/12 | |
| NPRM | 05/00/23 |
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Benjamin White, Project Manager, Department of Homeland Security, U.S. Coast Guard, National Pollution Funds Center ( printed page 11241) (NPFC), 2703 Martin Luther King Jr. Avenue SE, STOP 7605, Washington, DC 20593-7605, Phone: 202 795-6066, Email: benjamin.h.white@uscg.mil.
RIN: 1625-AA03
Legal Authority:46 U.S.C. 3306(a); 46 U.S.C. 3306(b); 46 U.S.C. 4102(a); 46 U.S.C. 4102(b); 46 U.S.C. 4302(a); 46 U.S.C. 4502(a); 46 U.S.C. 4502(c)(2)(B)
Abstract: The Coast Guard proposes to amend the lifejacket approval requirements and follow-up program requirements by incorporating new bi-national standards. At the same time, the Coast Guard proposes to amend lifejacket and personal flotation devices (PFDs) carriage requirements to allow for the use of equipment approved to the new standards, and to remove obsolete equipment approval requirements. The new standards are intended to replace the legacy standards. The proposed amendments will streamline the process for approval of PFDs and allow manufacturers the opportunity to produce more innovative equipment that meets the approval requirements of both Canada and the United States, while reducing the burden for manufacturers in both the approval process and follow-up program. The proposed rule is expected to provide a cost savings by reducing the regulatory burden on PFD manufacturers by harmonizing our PFD approval standards with Canada, requiring less frequent inspections of manufacturing facilities, providing lower cost PFD user manuals, and by potentially creating a new market in PFDs with a lower buoyancy rating. This rule is consistent with Executive Order 14058, which directs agencies to take actions that improve service delivery and customer experience by decreasing administrative burdens, enhancing transparency, and improving the efficiency and effectiveness of government.
Timetable:
| Action | Date | FR Cite |
|---|---|---|
| NPRM | 01/00/23 |
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jacqueline M. Yurkovich, Project Manager, Department of Homeland Security, U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG-4), 2703 Martin Luther King Jr. Avenue SE, STOP 7509, Washington, DC 20593-7509, Phone: 202 372-1389, Email: jacqueline.m.yurkovich@uscg.mil.
RIN: 1625-AC62
Legal Authority:46 U.S.C. 4502 and 5103; Pub. L. 111-281; Pub. L. 112-213
Abstract: The Coast Guard would implement 2010 and 2012 legislation that pertains to uninspected commercial fishing industry vessels. The requirements took effect upon enactment of the legislation but require amendments to Coast Guard regulations to be implemented. Coast Guard is changing the applicability of the regulations, and adding new requirements to safety training, equipment, vessel examinations, vessel safety standards, the documentation of maintenance, and the termination of unsafe operations. This rulemaking promotes the Coast Guard's maritime safety mission.
Timetable:
| Action | Date | FR Cite |
|---|---|---|
| NPRM | 06/21/16 | 81 FR 40437 |
| NPRM Comment Period Extended | 08/15/16 | 81 FR 53986 |
| NPRM Comment Period End | 10/19/16 | |
| NPRM Comment Period Extended End | 12/18/16 | |
| Final Rule | 11/00/23 |
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Joseph Myers, Project Manager, Department of Homeland Security, U.S. Coast Guard, Office of Commercial Vessel Compliance (CG-CVC-3), 2703 Martin Luther King Jr. Avenue SE, STOP 7501, Washington, DC 20593-7501, Phone: 202 372-1249, Email: joseph.d.myers@uscg.mil.
RIN: 1625-AB85
Legal Authority:Pub. L. 109-347, sec. 203; 5 U.S.C. 301; 19 U.S.C. 66; 19 U.S.C. 1431; 19 U.S.C. 1433 and 1434; 19 U.S.C. 1624; 19 U.S.C. 2071 (note); 46 U.S.C. 60105
Abstract: This final rule implements the provisions of section 203 of the Security and Accountability for Every Port Act of 2006. On November 25, 2008, Customs and Border Protection (CBP) published an interim final rule (CBP Dec. 08-46) in the Federal Register (73 FR 71730), that finalized most of the provisions proposed in the Notice of Proposed Rulemaking. It requires carrier and importers to provide to CBP, via a CBP approved electronic data interchange system, certain advance information pertaining to cargo brought into the United States by vessel to enable CBP to identify high-risk shipments to prevent smuggling and ensure cargo safety and security. The interim final rule did not finalize six data elements that were identified as areas of potential concern for industry during the rulemaking process and, for which, CBP provided some type of flexibility for compliance with those data elements. CBP solicited public comment on these six data elements and also invited comments on the revised Regulatory Assessment and Final Regulatory Flexibility Analysis. (See 73 FR 71782-85 for regulatory text and 73 CFR 71733-34 for general discussion.)
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 Extended End | 03/18/08 | |
| Interim Final Rule | 11/25/08 | 73 FR 71730 |
| Interim Final Rule Effective | 01/26/09 | |
| Interim Final Rule Comment Period End | 06/01/09 | |
| Correction | 07/14/09 | 74 FR 33920 |
| Correction | 12/24/09 | 74 FR 68376 |
| Next Action Undetermined |
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Brian Sale, Branch Chief, Manifest & Conveyance Security Division, Cargo & Conveyance, Office of Field Operation, Department of Homeland Security, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue NW, Washington, DC 20229, Phone: 202 325-3338, Email: brian.a.sale@cbp.dhs.gov; ofo-manifestbranch@cbp.dhs.gov.
RIN: 1651-AA70
Legal Authority:Pub. L. 110-229, sec. 702
Abstract: The interim final rule amends Department of Homeland Security (DHS) regulations to implement section 702 of the Consolidated Natural Resources Act of 2008 (CNRA). This law extends the immigration laws of the United States to the Commonwealth of the Northern Mariana Islands (CNMI) and provides for a joint visa waiver program for travel to Guam and the CNMI. This rule implements section 702 of the CNRA by amending the regulations to replace the current Guam Visa Waiver Program with a new Guam-CNMI Visa Waiver Program. The amended regulations set forth the requirements for nonimmigrant visitors who seek admission for business or pleasure and solely for entry into and stay on Guam or the CNMI without a visa. This rule also establishes six ports of entry in the CNMI for purposes of administering and enforcing the Guam-CNMI Visa Waiver Program. Section 702 of the Consolidated Natural Resources Act of 2008 (CNRA), subject to a transition period, extends the immigration laws of the United States to the Commonwealth of the Northern Mariana Islands (CNMI) and provides for a visa waiver program for travel to Guam and/or the CNMI. On January 16, 2009, the Department of Homeland Security (DHS), Customs and Border Protection (CBP), issued an interim final rule in the Federal Register replacing the then-existing Guam Visa Waiver Program with the Guam-CNMI Visa Waiver Program and setting forth the requirements for nonimmigrant visitors seeking admission into Guam and/or the CNMI under the Guam-CNMI Visa Waiver Program. As of November 28, 2009, the Guam-CNMI Visa Waiver Program is operational. This program allows nonimmigrant visitors from eligible countries to seek admission for business or pleasure for entry into Guam and/or the CNMI without a visa for a period of authorized stay not to exceed 45 days. This rulemaking would finalize the January 2009 interim final rule.
Timetable:
| Action | Date | FR Cite |
|---|---|---|
| Interim Final Rule | 01/16/09 | 74 FR 2824 |
| Interim Final Rule Effective | 01/16/09 | |
| Interim Final Rule Comment Period End | 03/17/09 | |
| Technical Amendment; Change of Implementation Date | 05/28/09 | 74 FR 25387 |
| Final Action | To Be Determined | |
Regulatory Flexibility Analysis Required: No.
Agency Contact: Neyda I. Yejo, Program Manager, Electronic System for Travel Authorization, Office of Field Operations, Department of Homeland Security, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue NW, Washington, DC 20229, Phone: 202 344-2373 Email: neyda.i.yejo@cbp.dhs.gov.
RIN: 1651-AA77
Regulatory Plan: This entry is Seq. No. 104 in part II of this issue of the Federal Register .
RIN: 1652-AA70
Regulatory Plan: This entry is Seq. No. 113 in part II of this issue of the Federal Register .
RIN: 1670-AA00
Regulatory Plan: This entry is Seq. No. 114 in part II of this issue of the Federal Register .
RIN: 1670-AA01
[FR Doc. 2023-02027 Filed 2-21-23; 8:45 am]
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