Proposed Rules. Semiannual Regulatory Agenda

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BILLING CODE 4150-03-P 87 20 Monday, January 31, 2022 UA: Reg Flex Agenda Part IX Department of Homeland Security Semiannual Regulatory Agenda DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 6 CFR Chapters 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 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. FOR FURTHER INFORMATION CONTACT: General 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. Specific 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. SUPPLEMENTARY INFORMATION: 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 June 11, 2021, at *http://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: September 10, 2021. Christina E. McDonald, Associate General Counsel for Regulatory Affairs. Office of the Secretary—Prerule Stage Sequence No. Title Regulation Identifier No. 303 Homeland Security Acquisition Regulation: Privacy Training (HSAR Case 2015-003) 1601-AA79 Office of the Secretary—Final Rule Stage Sequence No. Title Regulation Identifier No. 304 Homeland Security Acquisition Regulation: Safeguarding of Controlled Unclassified Information (HSAR Case 2015-001) 1601-AA76 305 Homeland Security Acquisition Regulation: Information Technology Security Awareness Training (HSAR Case 2015-002) 1601-AA78 Office of the Secretary—Long-Term Actions Sequence No. Title Regulation Identifier No. 306 Homeland Security Acquisition Regulation, Enhancement of Whistleblower Protections for Contractor Employees 1601-AA72 U.S. Citizenship and Immigration Services—Proposed Rule Stage Sequence No. Title Regulation Identifier No. 307 U.S. Citizenship and Immigration Services Fee Schedule (Reg Plan Seq No. 80) 1615-AC68 References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register . U.S. Citizenship and Immigration Services—Long-Term Actions Sequence No. Title Regulation Identifier No. 308 Requirements for Filing Motions and Administrative Appeals 1615-AB98 U.S. Citizenship and Immigration Services—Completed Actions Sequence No. Title Regulation Identifier No. 309 Removing H-4 Dependent Spouses From the Classes of Noncitizens Eligible for Employment Authorization 1615-AC15 U.S. Coast Guard—Proposed Rule Stage Sequence No. Title Regulation Identifier No. 310 Claims Procedures Under the Oil Pollution Act of 1990 (USCG-2004-17697) 1625-AA03 311 Lifejacket Approval Harmonization 1625-AC62 U.S. Coast Guard—Long-Term Actions Sequence No. Title Regulation Identifier No. 312 Commercial Fishing Vessels—Implementation of 2010 and 2012 Legislation 1625-AB85 U.S. Coast Guard—Completed Actions Sequence No. Title Regulation Identifier No. 313 Financial Responsibility—Vessels; Superseded Pollution Funds (USCG-2017-0788) 1625-AC39 U.S. Customs and Border Protection—Long-Term Actions Sequence No. Title Regulation Identifier No. 314 Importer Security Filing and Additional Carrier Requirements ( Section 610 Review ) 1651-AA70 315 Implementation of the Guam-CNMI Visa Waiver Program (Section 610 Review) 1651-AA77 Transportation Security Administration—Completed Actions Sequence No. Title Regulation Identifier No. 316 Security Training for Surface Transportation Employees 1652-AA73 U.S. Immigration and Customs Enforcement—Completed Actions Sequence No. Title Regulation Identifier No. 317 Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media 1653-AA78 Cybersecurity and Infrastructure Security Agency—Proposed Rule Stage Sequence No. Title Regulation Identifier No. 318 Ammonium Nitrate Security Program (Reg Plan Seq No. 98) 1670-AA00 References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register . Cybersecurity and Infrastructure Security Agency—Long-Term Actions Sequence No. Title Regulation Identifier No. 319 Chemical Facility Anti-Terrorism Standards (CFATS) 1670-AA01 DEPARTMENT OF HOMELAND SECURITY

(DHS)Office of the Secretary

(OS)Prerule Stage 303. Homeland Security Acquisition Regulation: Privacy Training (HSAR Case 2015-003) *Legal Authority:* 5 U.S.C. 301 and 302; 41 U.S.C. 1303, 1702 and 1707 *Abstract:* This Homeland Security Acquisition Regulation

(HSAR)rule would require contractors to complete training that addresses the protection of privacy, in accordance with the Privacy Act of 1974, and the handling and safeguarding of Personally Identifiable Information and Sensitive Personally Identifiable Information. DHS is withdrawing this regulatory action, because privacy training is covered by the Federal Acquisition Regulation final rule titled Privacy Training (81 FR 93476, Dec. 20, 2016) and DHS FAR Class Deviation Number 17-03. *Timetable:* Action Date FR Cite NPRM 01/19/17 82 FR 6425 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 Notice of Withdrawal 11/00/21 *Regulatory Flexibility Analysis Required:* Yes. *Agency Contact:* Candace Lightfoot, Procurement Analyst, Department of Homeland Security, Office of the Chief Procurement Officer, Acquisition Policy and Legislation, Room 3636-15, 301 7th Street SW, Washington, DC 20528, *Phone:* 202 447-0082, *Email: candace.lightfoot@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-AA79 DEPARTMENT OF HOMELAND SECURITY

(DHS)Office of the Secretary

(OS)Final Rule Stage 304. Homeland Security Acquisition Regulation: Safeguarding of Controlled Unclassified Information (HSAR Case 2015-001) *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 04/00/22 *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 305. Homeland Security Acquisition Regulation: Information Technology Security Awareness Training (HSAR Case 2015-002) *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). *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 Final Rule 04/00/22 *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-AA78 DEPARTMENT OF HOMELAND SECURITY

(DHS)Office of the Secretary

(OS)Long-Term Actions 306. Homeland Security Acquisition Regulation, Enhancement of Whistleblower Protections for Contractor Employees *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 11/00/22 *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 DEPARTMENT OF HOMELAND SECURITY

(DHS)U.S. Citizenship and Immigration Services (USCIS) Proposed Rule Stage 307. U.S. Citizenship and Immigration Services Fee Schedule *Regulatory Plan:* This entry is Seq. No. 80 in part II of this issue of the **Federal Register** . *RIN:* 1615-AC68 DEPARTMENT OF HOMELAND SECURITY

(DHS)U.S. Citizenship and Immigration Services (USCIS) Long-Term Actions 308. Requirements for Filing Motions and Administrative Appeals *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 12/00/22 *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:* 202 721-3000. *RIN:* 1615-AB98 DEPARTMENT OF HOMELAND SECURITY

(DHS)U.S. Citizenship and Immigration Services (USCIS) Completed Actions 309. Removing H-4 Dependent Spouses From the Classes of Noncitizens Eligible for Employment Authorization *Legal Authority:* 6 U.S.C. 112; 8 U.S.C. 1103(a), 1184(a)(1) and 1324a(H)(3)(B) *Abstract:* On February 25, 2015, DHS published a final rule that amended DHS regulations to extend eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrant workers who are seeking employment-based lawful permanent resident

(LPR)status. DHS previously indicated that it would propose to rescind or change that final rule. DHS no longer intends to issue such a proposed rule. *Timetable:* Action Date FR Cite Withdrawn 08/25/21 *Regulatory Flexibility Analysis Required:* Yes. *Agency Contact:* Charles Nimick, Chief, Business and Foreign Workers Division, Office of Policy and Strategy, Department of Homeland Security, U.S. Citizenship and Immigration Services, 5900 Capital Gateway Drive, Suite 4S190, Camp Springs, MD 20588-0009, *Phone:* 240 721-3000. *RIN:* 1615-AC15 DEPARTMENT OF HOMELAND SECURITY

(DHS)U.S. Coast Guard

(USCG)Proposed Rule Stage 310. Claims Procedures Under the Oil Pollution Act of 1990 (USCG-2004-17697) *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 09/00/22 *Regulatory Flexibility Analysis Required:* Yes. *Agency Contact:* Benjamin White, Project Manager, Department of Homeland Security, U.S. Coast Guard, National Pollution Funds Center (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 311. Lifejacket Approval Harmonization *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 three 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 state-of-the-art and 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. These proposed changes are expected to promote economic relief. The proposed rule is expected to promote economic relief 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 creating a new market in PFDs with a lower buoyancy rating. *Timetable:* Action Date FR Cite NPRM 07/00/22 *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 DEPARTMENT OF HOMELAND SECURITY

(DHS)U.S. Coast Guard

(USCG)Long-Term Actions 312. Commercial Fishing Vessels—Implementation of 2010 and 2012 Legislation *Legal Authority:* 46 U.S.C. 4502 and 5103; Pub. L. 111-281 *Abstract:* The Coast Guard proposes to implement those requirements of 2010 and 2012 legislation that pertain to uninspected commercial fishing industry vessels and that took effect upon enactment of the legislation but that, to be implemented, require amendments to Coast Guard regulations affecting those vessels. The applicability of the regulations is being changed, and new requirements are being added 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 To Be Determined *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 DEPARTMENT OF HOMELAND SECURITY

(DHS)U.S. Coast Guard

(USCG)Completed Actions 313. Financial Responsibility—Vessels; Superseded Pollution Funds (USCG-2017-0788) *Legal Authority:* 33 U.S.C. 2704; 33 U.S.C. 2716 and 2716a; 42 U.S.C. 9607 to 9609; 6 U.S.C. 552; E.O. 12580; sec. 7(b), 3 CFR, 1987; Comp., p. 193; E.O. 12777, secs. 4 and 5, 3 CFR, 1991 Comp., p. 351, as amended by E.O. 13286, sec. 89, 3; 3 CFR, 2004 Comp., p. 166, and by E.O. 13638, sec. 1, 3 CFR, 2014 Comp., p. 227; Department of Homeland; Security Delegation Nos. 0170.1 and 5110, Revision 01 *Abstract:* The Coast Guard has proposed to amend its rule on vessel financial responsibility to include tank vessels greater than 100 gross tons, to clarify and strengthen the rule's reporting requirements, to conform its rule to current practice, and to remove two superseded regulations. This rulemaking will ensure the Coast Guard has current information when there are significant changes in a vessel's operation, ownership, or evidence of financial responsibility, and reflect current best practices in the Coast Guard's management of the Certificate of Financial Responsibility Program. This rulemaking will also promote the Coast Guard's missions of maritime stewardship, maritime security, and maritime safety. *Timetable:* Action Date FR Cite NPRM 05/13/20 85 FR 28802 NPRM Comment Period End 08/11/20 Final Rule 12/01/21 86 FR 68123 Final Action Effective 01/03/22 *Regulatory Flexibility Analysis Required:* Yes. *Agency Contact:* Benjamin White, Project Manager, Department of Homeland Security, U.S. Coast Guard, National Pollution Funds Center (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-AC39 DEPARTMENT OF HOMELAND SECURITY

(DHS)U.S. Customs and Border Protection (USCBP) Long-Term Actions 314. Importer Security Filing and Additional Carrier Requirements (Section 610 Review) *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 315. Implementation of the Guam-CNMI Visa Waiver Program (Section 610 Review) *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 DEPARTMENT OF HOMELAND SECURITY

(DHS)Transportation Security Administration

(TSA)Completed Actions 316. • Security Training for Surface Transportation Employees *Legal Authority:* 49 U.S.C. 114; Pub. L. 110-53, secs. 1405, 1408, 1501, 1512, 1517, 1531, and 1534 *Abstract:* This action was previously reported as 1652-AA55. TSA published a Security Training Final Rule on March 23, 2020. This rule required owner/operators of higher-risk freight railroad carriers, public transportation agencies (including rail mass transit and bus systems), passenger railroad carriers, and over-the-road bus companies, to provide TSA-approved security training to employees performing security-sensitive functions. On May 1, 2020, TSA delayed the effective date of the final rule to September 21, 2020, in recognition of the potential impact of the COVID-19 public health crisis and related strain on resources for owner/operators required to comply with the regulation. TSA revised all compliance dates within the rule to reflect the new effective date. On October 26, 2020, TSA extended certain compliance dates from December 21, 2020, to March 22, 2021. On May 4, 2021, TSA extended the compliance deadline for submission of the required security training program from March 22, 2021, to no later than June 21, 2021. *Timetable:* Action Date FR Cite Notice; Request for Comment 06/14/13 78 FR 35945 Notice; Comment Period End 07/15/13 NPRM 12/16/16 81 FR 91336 NPRM Comment Period End 03/16/17 Final Rule 03/23/20 85 FR 16456 Final Rule Effective 06/22/20 Final Rule; Delay of Effective Date 05/01/20 85 FR 25315 Final Rule 10/26/20 85 FR 67681 Final Rule 05/04/21 86 FR 23629 Final Rule Effective 06/21/21 *Regulatory Flexibility Analysis Required:* Yes. *Agency Contact:* Chandru

(Jack)Kalro, Deputy Director, Surface Division, Department of Homeland Security, Transportation Security Administration, Policy, Plans, and Engagement, 6595 Springfield Center Drive, Springfield, VA 20598-6028, *Phone:* 571 227-1145, *Email: surfacefrontoffice@tsa.dhs.gov.* Alex Moscoso, Chief Economist, Economic Analysis Branch—Coordination & Analysis Division, Department of Homeland Security, Transportation Security Administration, Policy, Plans, and Engagement, 6595 Springfield Center Drive, Springfield, VA 20598-6028, *Phone:* 571 227-5839, *Email: alex.moscoso@tsa.dhs.gov.* Traci Klemm, Assistant Chief Counsel, Regulations and Security Standards, Department of Homeland Security, Transportation Security Administration, Chief Counsel's Office, 6595 Springfield Center Drive, Springfield, VA 20598-6002, *Phone:* 571 227-3596, *Email: traci.klemm@tsa.dhs.gov.* *RIN:* 1652-AA73 DEPARTMENT OF HOMELAND SECURITY

(DHS)U.S. Immigration and Customs Enforcement (USICE) Completed Actions 317. Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media *Legal Authority:* 8 U.S.C. 1101; 8 U.S.C. 1103; 8 U.S.C. 1182 and 1184 *Abstract:* DHS originally proposed modifying the period of authorized stay for certain categories of nonimmigrants traveling to the United States by eliminating the availability of “duration of status” and by providing a maximum period of authorized stay with options for extensions for each applicable visa category. DHS has withdrawn this proposed rule. *Timetable:* Action Date FR Cite NPRM 09/25/20 85 FR 60526 NPRM Comment Period End 10/26/20 Notice of Withdrawal 07/06/21 86 FR 35410 *Regulatory Flexibility Analysis Required:* Yes. *Agency Contact:* Sharon Hageman, Acting Deputy Assistant Director, Department of Homeland Security, U.S. Immigration and Customs Enforcement, 500 12th Street SW, Mail Stop 5006, Washington, DC 20536, *Phone:* 202 732-6960, *Email: ice.regulations@ice.dhs.gov.* *RIN:* 1653-AA78 DEPARTMENT OF HOMELAND SECURITY

(DHS)Cybersecurity and Infrastructure Security Agency

(CISA)Proposed Rule Stage 318. Ammonium Nitrate Security Program *Regulatory Plan:* This entry is Seq. No. 98 in part II of this issue of the **Federal Register** . *RIN:* 1670-AA00 DEPARTMENT OF HOMELAND SECURITY

(DHS)Cybersecurity and Infrastructure Security Agency

(CISA)Long-Term Actions 319. Chemical Facility Anti-Terrorism Standards (CFATS) *Legal Authority:* 6 U.S.C. 621 to 629 *Abstract:* The Cybersecurity and Infrastructure Security Agency

(CISA)previously invited public comment on an Advance Notice of Proposed Rulemaking (ANPRM) during August 2014 for potential revisions to the Chemical Facility Anti-Terrorism Standards (CFATS) regulations. The ANPRM provided an opportunity for the public to provide recommendations for possible program changes. In June 2020, CISA published for public comment a retrospective analysis of the CFATS program. And in January 2021, CISA invited additional public comment through an ANPRM concerning the removal of certain explosive chemicals from CFATS. CISA intends to address many of the subjects raised in both ANPRMs and the retrospective analysis in this regulatory action, including potential updates to CFATS cybersecurity requirements and Appendix A to the CFATS regulations. *Timetable:* Action Date FR Cite ANPRM 08/18/14 79 FR 48693 ANPRM Comment Period End 10/17/14 ANPRM 01/06/21 86 FR 495 Announcement of Availability; Retrospective Analysis 06/22/20 85 FR 37393 Announcement of Availability; Retrospective Analysis Comment Period End 09/21/20 Next Action Undetermined *Regulatory Flexibility Analysis Required:* Yes. *Agency Contact:* Ryan Donaghy, Deputy Branch Chief for Chemical Security Policy, Rulemaking, and Engagement, Department of Homeland Security, Cybersecurity and Infrastructure Security Agency, 245 Murray Lane SW, Mail Stop 0610, Arlington, VA 20528, *Phone:* 571 532-4127, *Email: ryan.donaghy@cisa.dhs.gov.* *RIN:* 1670-AA01 [FR Doc. 2021-27977 Filed 1-28-22; 8:45 am]

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