DHS Issues its Semi-Annual Regulatory Agenda for CBP
The Department of Homeland Security has published its fall 2011 semi-annual regulatory agenda for U.S. Customs and Border Protection, which lists nine new rulemakings, with seven relating to an individual's travel or immigration status.
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(The agenda lists DHS’ CBP rulemakings that are pending at the proposed, interim final, final, and completed stages, as well as rulemakings that are long-term actions. The agenda lists the regulation title; past regulation(s), if any; the timeframe for the next regulatory action(s), if any; a brief description of the regulation; and a contact party name and telephone number. The Treasury Department has a different semi-annual regulatory agenda for CBP. See future issue of ITT for this list.)
Fall Agenda Includes 9 New Rulemakings
DHS' fall 2011 agenda for CBP is similar to the spring 2011 agenda. However, the in-bond proposed rule, which is expected to be published soon, is no longer listed on this agenda, but is instead listed on the companion Treasury agenda for CBP1. Additionally, 9 new trade-related rulemakings are included in the fall agenda and are marked with an asterisk (*).
Agenda Highlights
Highlights of DHS' CBP rulemakings that are at the proposed, final, or completed stages, or that are long term actions, are as follows:
| Regulation Title |
|---|
| Prerule |
| Morses Line Border Crossing |
| Proposed Rule |
| Exemption from Entry Requirements for Certain Department of Defense Vessels and Aircraft |
| Boquillas Border Crossing |
| *Internet Publication of Administrative Seizure/Forfeiture Notices |
| Final Rule |
| Importer Security Filing and Additional Carrier Requirements |
| Changes to the Visa Waiver Program to Implement the Electronic System for Travel Authorization (ESTA) Program |
| Establishment of Global Entry Program |
| *Implementation of the Guam-CNMI Visa Waiver Program |
| Permissible Sharing of Client Records by Customs Brokers |
| Clarification of Countries and Geographic Areas Eligible for Participation in the Guam-Commonwealth of the Northern Mariana Islands Visa Waiver Program |
| Electronic System for Travel Authorization (ESTA): Fee for Use of the System |
| Long Term Actions |
| Visa Waiver Program |
| *Inspection and Expedited Removal of Aliens; Detention and Removal of Aliens; Conduct of Removal Proceedings |
| Establishment of Preinspected Automated Lane (PAL) Program |
| *Amendment of the Regulatory Definition of Arriving Alien |
| Elimination of Immigration and Naturalization Service-Issued Mexican and Canadian Border Crossing Cards |
| Extension of 25-Mile Limit at Select Arizona Ports-of-Entry |
| Removal of Visa and Passport Waiver for Certain Permanent Residents of Canada and Bermuda |
| Nonimmigrant Visa Exemption for Nationals of the British Virgin Islands Entering the United States Through St. Thomas, U.S. Virgin Islands |
| Procedures Governing the Border Release Advanced Screening and Selectivity (BRASS) Program |
| Access to Customs Security Areas at Airports |
| *Passenger Name Record Information Required for Passengers on Flights in Foreign Air Transportation to or from the United States |
| *Extension of Time Limit on Admission of Certain Mexican Nationals |
| *Abbreviation or Waiver of Training for State or Local Law Enforcement Officers Authorized to Enforce Immigration Law During a Mass Influx of Aliens |
| *Academic Honorarium for B Nonimmigrant Aliens |
| *Closing of the Port of Whitetail, Montana |
1CBP has recently stated that an in-bond proposed rule would be published in the Federal Register soon and that the public would have 60 days to submit comments. (See ITT's Online Archives 12021359 for summary.)
(See ITT's Online Archives 11070804 for summary of the DHS' spring 2011 semi-annual regulatory agenda for CBP.
See ITT's Online Archives 12020805 and 11082335 for respective summaries of the rulemakings on the Internet publication of seizure/forfeiture notices and the close of the Port of Whitetail, Montana.)
DHS' Fall 2011 Regulatory Agenda is available here.
*Updated on 02/21/12 to state that the in-bond proposed rule is in the Treasury Department's reguatory agenda for CBP, even though it was in DHS' in spring 2011.