1625-0113 DHS Delegation No. 0170.1

Monday,
December 20, 2010

Part IX

Department of
Homeland Security

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Semiannual Regulatory Agenda

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Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda

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:
ACTION:

Office of the Secretary, DHS.

Semiannual regulatory agenda.

This regulatory agenda is a
semiannual summary of all current and
projected rulemakings, 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 activity. DHS
expects that this information will enable
the public to be more aware of, and
effectively participate in, the
Department’s regulatory activity. DHS
invites the public to submit comments
on any aspect of this agenda.

SUMMARY:

FOR FURTHER INFORMATION CONTACT:

General
Please direct general comments and
inquiries on the agenda to the
Regulatory Affairs Law Division, U.S.
Department of Homeland Security,
Office of the General Counsel, 245

Murray Lane, Mail Stop 0485,
Washington, DC 20528-0485.
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 regulation.
SUPPLEMENTARY INFORMATION: DHS
provides this notice pursuant to the
requirements of the Regulatory
Flexibility Act (Pub. L. 96-354, Sep. 19,
1980) and Executive Order 12866
‘‘Regulatory Planning and Review’’
(Sep. 30, 1993), which require the
Department to publish a semiannual
agenda of regulations. The regulatory
agenda is a summary of all current and
projected rulemakings, as well as
actions completed since the publication
of the last regulatory agenda for the
Department. DHS’s last semiannual
regulatory agenda was published on
April 26, 2010 at 75 FR 21806.
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.
As part of the Unified Agenda, federal
agencies are also required to prepare a
Regulatory Plan of the most important
significant regulatory actions that the
agency reasonably expects to issue in
proposed or final form in that fiscal

year. As in past years, for fall editions
of the Unified Agenda, the entire
Regulatory Plan and agency regulatory
flexibility agendas, in accordance with
the publication requirements of the
Regulatory Flexibility Act, are printed
in the Federal Register.
The Regulatory Flexibility Act (5
U.S.C. 602) requires federal agencies to
publish their regulatory flexibility
agenda 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: September 10, 2010.
Christina E. McDonald,
Acting Associate General Counsel for
Regulatory Affairs.

U.S. Citizenship and Immigration Services—Proposed Rule Stage
Regulation
Identifier
Number

Sequence
Number

Title

374

Registration Requirement for Petitioners Seeking to File H-1B Petitions on Behalf of Aliens Subject to Numerical
Limitations (Reg Plan Seq No. 64) .............................................................................................................................

1615–AB71

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.

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U.S. Citizenship and Immigration Services—Final Rule Stage
Regulation
Identifier
Number

Sequence
Number

Title

375

E-2 Nonimmigrant Status for Aliens in the Commonwealth of the Northern Mariana Islands With Long-Term Investor Status (Reg Plan Seq No. 69) ..............................................................................................................................
Commonwealth of the Northern Mariana Islands Transitional Worker Classification (Reg Plan Seq No. 70) ...........

376

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.

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1615–AB75
1615–AB76

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79789

DHS

U.S. Citizenship and Immigration Services—Completed Actions
Sequence
Number

Title

Regulation
Identifier
Number

377

U. S. Citizenship and Immigration Services Fee Schedule ..........................................................................................

1615–AB80

U.S. Coast Guard—Proposed Rule Stage
Sequence
Number

Title

Regulation
Identifier
Number

378
379
380
381

Numbering of Undocumented Barges ...........................................................................................................................
Commercial Fishing Industry Vessels ...........................................................................................................................
Inspection of Towing Vessels (Reg Plan Seq No. 73) ................................................................................................
Updates to Maritime Security (Reg Plan Seq No. 75) .................................................................................................

1625–AA14
1625–AA77
1625–AB06
1625–AB38

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.

U.S. Coast Guard—Final Rule Stage
Sequence
Number

Title

Regulation
Identifier
Number

382
383

Standards for Living Organisms in Ships’ Ballast Water Discharged in U.S. Waters (Reg Plan Seq No. 76) ...........
Passenger Weight and Inspected Vessel Stability Requirements ................................................................................

1625–AA32
1625–AB20

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.

U.S. Coast Guard—Long-Term Actions
Sequence
Number

Title

Regulation
Identifier
Number

384

Claims Procedures Under the Oil Pollution Act of 1990 (USCG-2004-17697) ............................................................

1625–AA03

U.S. Coast Guard—Completed Actions
Sequence
Number

Title

Regulation
Identifier
Number

385

Bulk Solid Hazardous Materials: Harmonization With the International Maritime Solid Bulk Cargoes (IMSBC) Code

1625–AB47

U.S. Customs and Border Protection—Final Rule Stage
Sequence
Number

Title

Regulation
Identifier
Number

386

Importer Security Filing and Additional Carrier Requirements (Reg Plan Seq No. 77) ..............................................

1651–AA70

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References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.

U.S. Customs and Border Protection—Completed Actions
Sequence
Number

Title

Regulation
Identifier
Number

387

Transportation of Certain Merchandise and Equipment Between Coastwise Points ...................................................

1651–AA84

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Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda

DHS

Transportation Security Administration—Final Rule Stage
Sequence
Number

Title

Regulation
Identifier
Number

388

Aircraft Repair Station Security (Reg Plan Seq No. 85) ..............................................................................................

1652–AA38

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.

Transportation Security Administration—Long-Term Actions
Sequence
Number

Title

Regulation
Identifier
Number

389

Modification of the Aviation Security Infrastructure Fee (ASIF) (Market Share) ..........................................................

1652–AA43

Department of Homeland Security (DHS)
U.S. Citizenship and Immigration Services (USCIS)

Proposed Rule Stage

374. REGISTRATION REQUIREMENT
FOR PETITIONERS SEEKING TO FILE
H–1B PETITIONS ON BEHALF OF
ALIENS SUBJECT TO NUMERICAL
LIMITATIONS
Regulatory Plan: This entry is Seq. No.
64 in part II of this issue of the Federal
Register.
RIN: 1615–AB71

Department of Homeland Security (DHS)
U.S. Citizenship and Immigration Services (USCIS)
375. E–2 NONIMMIGRANT STATUS
FOR ALIENS IN THE
COMMONWEALTH OF THE
NORTHERN MARIANA ISLANDS WITH
LONG–TERM INVESTOR STATUS
Regulatory Plan: This entry is Seq. No.
69 in part II of this issue of the Federal
Register.

Final Rule Stage

376. COMMONWEALTH OF THE
NORTHERN MARIANA ISLANDS
TRANSITIONAL WORKER
CLASSIFICATION
Regulatory Plan: This entry is Seq. No.
70 in part II of this issue of the Federal
Register.
RIN: 1615–AB76

RIN: 1615–AB75

Department of Homeland Security (DHS)
U.S. Citizenship and Immigration Services (USCIS)

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377. U. S. CITIZENSHIP AND
IMMIGRATION SERVICES FEE
SCHEDULE
Legal Authority: 8 USC 1356(m)
Abstract: This rule will adjust the fee
schedule for U.S. Citizenship and
Immigration Services (USCIS)
immigration and naturalization benefit
applications and petitions, including
nonimmigrant applications and visa
petitions. These fees fund the cost of

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Completed Actions

processing applications and petitions
for immigration benefits and services,
and USCIS’ associated operating costs.
USCIS is revising these fees because the
current fee schedule does not
adequately recover the full costs of
services provided by USCIS. Without
an adjustment of the fee schedule,
USCIS cannot provide adequate
capacity to process all applications and
petitions in a timely and efficient

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manner. The fee review is undertaken
pursuant to the requirements of the
Chief Financial Officers Act of 1990
(CFO Act), 31 U.S.C. 901-03. The CFO
Act requires each agency’s chief
financial officer (CFO) to ‘‘review, on
a biennial basis, the fees, royalties,
rents, and other charges imposed by the
agency for services and things of value
it provides, and make recommendations
on revising those charges to reflect

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DHS—USCIS

Completed Actions

costs incurred by it in providing those
services and things of value.‘‘ Id. at
902(a)(8). This rule will reflect
recommendations made by the DHS
CFO and USCIS CFO, as required under
the CFO Act.

Timetable:
Action

Date

NPRM
NPRM Comment
Period End
Final Rule
Final Rule Effective

FR Cite

06/11/10 75 FR 33445
07/26/10
09/24/10 75 FR 58961
11/23/10

Regulatory Flexibility Analysis
Required: Yes

Agency Contact: Timothy Rosado,
Department of Homeland Security, U.S.
Citizenship and Immigration Services,
Suite 4018, 20 Massachusetts Avenue
NW
Phone: 202 272–1969
Fax: 202 272–1970
Email: [email protected]
RIN: 1615–AB80

Department of Homeland Security (DHS)
U.S. Coast Guard (USCG)
378. NUMBERING OF
UNDOCUMENTED BARGES
Legal Authority: 46 USC 12301
Abstract: Title 46 U.S.C. 12301, as
amended by the Abandoned Barge Act
of 1992, requires that all undocumented
barges of more than 100 gross tons
operating on the navigable waters of the
United States be numbered. This
rulemaking would establish a
numbering system for these barges. The
numbering of undocumented barges
will allow identification of owners of
barges found abandoned and help
prevent future marine pollution. This
rulemaking supports the Coast Guard’s
broad role and responsibility of
maritime stewardship.
Timetable:
Action

Date

Request for
Comments
Comment Period End
ANPRM
ANPRM Comment
Period End
NPRM
NPRM Comment
Period End
NPRM Reopening of
Comment Period
NPRM Comment
Period End
Supplemental NPRM

FR Cite

10/18/94 59 FR 52646
01/17/95
07/06/98 63 FR 36384
11/03/98
01/11/01 66 FR 2385
04/11/01
08/12/04 69 FR 49844
11/10/04
03/00/11

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Regulatory Flexibility Analysis
Required: Yes

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Proposed Rule Stage

Agency Contact: Denise Harmon,
Project Manager, Department of
Homeland Security, U.S. Coast Guard,
National Vessel Documentation Center,
792 T.J. Jackson Drive, Falling Waters,
WV 25419
Phone: 304 271–2506
RIN: 1625–AA14
379. COMMERCIAL FISHING
INDUSTRY VESSELS

Abstract: This rulemaking would
amend commercial fishing industry
vessel requirements to enhance
maritime safety. Commercial fishing
remains one of the most dangerous
industries in America. The Commercial
Fishing Industry Vessel Safety Act of
1988 (‘‘the Act,’’ codified in 46 U.S.C.
chapter 45) gives the Coast Guard
regulatory authority to improve the
safety of vessels operating in that
industry. Although significant
reductions in industry deaths were
recorded after the Coast Guard issued
its initial rules under the Act in 1991,
we believe more deaths and serious
injury can be avoided through
compliance with new regulations in the
following areas: vessel stability and
watertight integrity, vessel maintenance
and safety equipment including crew

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Timetable:
Action

Date

ANPRM
ANPRM Comment
Period End
NPRM

FR Cite

03/31/08 73 FR 16815
12/15/08
01/00/11

Regulatory Flexibility Analysis
Required: Yes

Legal Authority: 46 USC 4502(a) to
4502(d); 46 USC 4505 and 4506; 46
USC 6104; 46 USC 10603; DHS
Delegation No. 0170.1(92)

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immersion suits, crew training and
drills, and improved documentation of
regulatory compliance.

Agency Contact: Jack Kemerer, Project
Manager, CG–5433, Department of
Homeland Security, U.S. Coast Guard,
2100 Second Street SW., Washington,
DC 20593
Phone: 202 372–1249
Email: [email protected]
RIN: 1625–AA77
380. INSPECTION OF TOWING
VESSELS
Regulatory Plan: This entry is Seq. No.
73 in part II of this issue of the Federal
Register.
RIN: 1625–AB06
381. UPDATES TO MARITIME
SECURITY
Regulatory Plan: This entry is Seq. No.
75 in part II of this issue of the Federal
Register.
RIN: 1625–AB38

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Department of Homeland Security (DHS)
U.S. Coast Guard (USCG)
382. STANDARDS FOR LIVING
ORGANISMS IN SHIPS’ BALLAST
WATER DISCHARGED IN U.S.
WATERS
Regulatory Plan: This entry is Seq. No.
76 in part II of this issue of the Federal
Register.
RIN: 1625–AA32
383. PASSENGER WEIGHT AND
INSPECTED VESSEL STABILITY
REQUIREMENTS
Legal Authority: 33 USC 1321(j); 43
USC 1333; 46 USC 2103; 46 USC 2113;
46 USC 3205; 46 USC 3301; 46 USC
3306; 46 USC 3307; 46 USC 3703; 46
USC 5115; 46 USC 6101; 49 USC App
1804; EO 11735; EO 12234; DHS
Delegation No 0170.1; PL 103–206, 107
Stat 2439
Abstract: The Coast Guard proposes
developing a rule that addresses both
the stability calculations and the
environmental operating requirements

Final Rule Stage

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
operating these vessels in hazardous
weather conditions. This rulemaking
would support the Coast Guard’s broad
role and responsibility of maritime
safety.
Timetable:
Action

Date

NPRM
NPRM Comment
Period End

FR Cite

08/20/08 73 FR 49244
11/18/08

Action

Date

NPRM Comment
Period Reopened
NPRM Comment
Period End
NPRM Comment
Period Reopened
NPRM Comment
Period End
Final Action

Legal Authority: 33 USC 2713 and
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

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Long-Term Actions

Action

Date

Interim Final Rule
Correction

FR Cite

08/12/92 57 FR 36314
09/09/92 57 FR 41104

Action

Date

Interim Final Rule
Comment Period
End
Supplemental NPRM

FR Cite

12/10/92

01/00/12

Regulatory Flexibility Analysis
Required: Yes
Agency Contact: Benjamin White,
Project Manager, National Pollution
Funds Center, Department of Homeland
Security, U.S. Coast Guard, NPFC MS
7100, United States Coast Guard, 4200
Wilson Boulevard, Arlington, VA
20598–7100
Phone: 202 493–6863
Email: [email protected]
RIN: 1625–AA03

Completed Actions

Abstract: This rulemaking proposed to
align national regulations with the
adoption of amendments to Chapter VI
of the International Convention for
Safety of Life at Sea (SOLAS), 1974,
as amended, for foreign and domestic
vessels’ international trade. It also
proposed to eliminate the need to

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02/18/09 74 FR 7576

RIN: 1625–AB20

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). This rulemaking supports
the Coast Guard’s broad role and
responsibility of maritime stewardship.
Timetable:

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02/06/09

Agency Contact: William Peters,
Program Manager, Office of Design and
Engineering Standards, Systems
Engineering Division (CG–5212),
Department of Homeland Security, U.S.
Coast Guard, 2100 2nd Street SW.,
STOP 7126, Washington, DC
20593–7126
Phone: 202 372–1371
Email: [email protected]

Department of Homeland Security (DHS)
U.S. Coast Guard (USCG)
385. ∑ BULK SOLID HAZARDOUS
MATERIALS: HARMONIZATION WITH
THE INTERNATIONAL MARITIME
SOLID BULK CARGOES (IMSBC)
CODE
Legal Authority: 33 USC 1602; 46 USC
3306; 46 USC 5111; 49 USC 5103; EO
12234; DHS Delegation No. 0170.1

12/08/08 73 FR 74426

Regulatory Flexibility Analysis
Required: Yes

Department of Homeland Security (DHS)
U.S. Coast Guard (USCG)
384. CLAIMS PROCEDURES UNDER
THE OIL POLLUTION ACT OF 1990
(USCG–2004–17697)

FR Cite

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maintain previously-issued Coast Guard
special permits for the carriage of solid
hazardous materials in bulk.
This project supports the Coast Guard
Marine Safety and Environmental
Protection program’s goals to reduce
crew member deaths and injuries on
U.S. commercial vessels, to reduce the

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DHS—USCG

Completed Actions

amount of environmentally hazardous
substances discharged into the nation’s
waterways, and to promote the Coast
Guard’s strategic goal of maritime
safety.
Timetable:
Action
NPRM

79793

Date

FR Cite

06/17/10 75 FR 34574

Action

Date

Correction
NPRM Comment
Period End
Final Rule
Final Rule Effective

FR Cite

06/18/10 75 FR 34682
07/19/10
10/19/10 75 FR 64585
01/01/11

Regulatory Flexibility Analysis
Required: Yes

Agency Contact: Richard C. Bornhorst,
Project Manager (CG–5223), Department
of Homeland Security, U.S. Coast
Guard, 2100 2nd Street SW., STOP
7126, Washington, DC 20593–7126
Phone: 202 372–1426
Fax: 202 372–1926
Email: [email protected]
RIN: 1625–AB47

Department of Homeland Security (DHS)
U.S. Customs and Border Protection (USCBP)

Final Rule Stage

386. IMPORTER SECURITY FILING
AND ADDITIONAL CARRIER
REQUIREMENTS
Regulatory Plan: This entry is Seq. No.
77 in part II of this issue of the Federal
Register.
RIN: 1651–AA70

Department of Homeland Security (DHS)
U.S. Customs and Border Protection (USCBP)
387. TRANSPORTATION OF CERTAIN
MERCHANDISE AND EQUIPMENT
BETWEEN COASTWISE POINTS
Legal Authority: 46 USC 55102
Abstract: The Jones Act provides that
only coastwise-qualified vessels may
transport merchandise between
coastwise points. During 2009, U.S.
Customs and Border Protection
proposed modifying previously-issued
ruling letters that determined whether
the transportation of certain articles
and equipment by non-coastwise-

Completed Actions

qualified vessels between coastwise
points was in violation of the Jones
Act. Because any determination on this
matter made by CBP would impact a
broad range of regulated parties, and
the scope of potential economic impact
of any change in existing practice is
unknown, CBP is issuing an advance
notice of proposed rulemaking to solicit
public comment.
Timetable:

Regulatory Flexibility Analysis
Required: Yes

Action

RIN: 1651–AA84

Date

Withdrawn

FR Cite

Agency Contact: Glen E. Vereb, Chief,
Cargo Security, Carriers and
Immigration Branch, Office of
International Trade, Department of
Homeland Security, U.S. Customs and
Border Protection, 1300 Pennsylvania
Avenue NW., Washington, DC 20229
Phone: 202 325–0212

11/15/10

Department of Homeland Security (DHS)
Transportation Security Administration (TSA)

Final Rule Stage

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388. AIRCRAFT REPAIR STATION
SECURITY
Regulatory Plan: This entry is Seq. No.
85 in part II of this issue of the Federal
Register.
RIN: 1652–AA38

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Department of Homeland Security (DHS)
Transportation Security Administration (TSA)

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389. MODIFICATION OF THE
AVIATION SECURITY
INFRASTRUCTURE FEE (ASIF)
(MARKET SHARE)
Legal Authority: 49 USC 44901; 49
USC 44940
Abstract: The Transportation Security
Administration will propose a 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; Nov. 19,
2001), codified at 49 U.S.C. 44940,
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.
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. TSA sought comments on issues
regarding how to impose the ASIF, and
whether, when, and how often the

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Long-Term Actions

ASIF should be adjusted. The comment
period was extended on the notice for
an additional 30 days, until February
5, 2004. TSA is developing a market
share methodology and intends to seek
public comments through issuance of
a notice of proposed rulemaking.
Timetable:
Action

Date

FR Cite

Notice; Requesting
11/05/03 68 FR 62613
Comment–
Imposition of the
Aviation Security
Infrastructure Fee
(ASIF)
Notice—Imposition of 01/05/04
ASIF; Comment
Period End
Notice—Imposition of 12/31/03 68 FR 75611
ASIF; Comment
Period Extended
Notice—Imposition of 02/05/04
ASIF; Extended
Comment Period
End
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 and Administration,

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TSA–14, HQ, W12–319, 601 South 12th
Street, Arlington, VA 20598–6014
Phone: 571 227–1081
Fax: 571 227–2904
Email: [email protected]
Nicholas (Nick) Acheson, Sr.
Economist, Regulatory Development
and Economic Analysis, Department of
Homeland Security, Transportation
Security Administration, Office of
Transportation Sector Network
Management, TSA–28, HQ, E10–341N,
601 South 12th Street, Arlington, VA
20598–6028
Phone: 571 227–5474
Fax: 703 603–0302
Email: [email protected]
Linda L. Kent, Assistant Chief Counsel,
Regulations and Security Standards
Division, Department of Homeland
Security, Transportation Security
Administration, Office of the Chief
Counsel, TSA–2, HQ, E12–126S, 601
South 12th Street, Arlington, VA
20598–6002
Phone: 571 227–2675
Fax: 571 227–1381
Email: [email protected]
RIN: 1652–AA43
[FR Doc. 2010–30453 Filed 12–17–10; 8:45
am]
BILLING CODE 9110–9B–S

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