DHS Issues its CBP Semi-Annual Regulatory Agenda
The Department of Homeland Security (DHS) has published its semi-annual regulatory agenda, which contains certain U.S. Customs and Border Protection (CBP) regulatory rulemakings (rulemakings).
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Sources have previously stated that this agenda is a comprehensive list of rulemakings at the proposed, final, and completed stages. For the rulemakings that are still pending completion, the agenda lists the regulation title, an estimate of the timeframe for the next regulatory actions, a brief description of the regulation, and a contact party name and telephone number.
DHS' semi-annual regulatory agenda contains the following CBP rulemakings (i.e. those rulemakings which pertain to Chapter 19 of the Code of Federal Regulations (CFR)):
DHS' Proposed Rule Stage (First Appearance in Any Agenda)
Cargo Information (Manifest) Discrepancy Reporting Requirements and Penalty Guidelines
This amendment would concern cargo information (manifest) discrepancy reporting requirements for all modes of commercial transportation (air, sea, rail, and truck). The amendment would set forth corresponding guidelines for the assessment of penalties or claims for liquidated damages for manifesting violations. The amendment would also require that any discrepancy from previously filed cargo information be reported to CBP by the responsible party immediately upon discovery and that such reports, with limited exceptions, be submitted to CBP in an electronic format.
This amendment would also eliminate Customs Form 5931 and require that cargo declaration information be kept for a period of five years after conveyance arrival. This rulemaking would also provide (as Appendices to the regulations) guidelines for the assessments of penalties for failing to report discrepancies.
Target date for proposed rule: 07/04
Reinstatement of Transit Program
DHS states that the Immediate and Continuous Transit Program, also known as the Transit Without Visa (TWOV) program and the International-to-International (ITI) program allowed an alien to be transported in-transit through the U.S. to another foreign country without first obtaining a nonimmigrant visa from the Department of State overseas, provided the carrier had entered into an Immediate and Continuous Transit Agreement on Form I-426, pursuant to section 233(c) of the Immigration and Nationality Act (Act).
Both the TWOV and ITI programs were suspended due to security concerns in an interim rule published in August 2003. DHS states that in this rule, it would be reinstating a variation of these programs incorporating necessary security measures so that national security will not be compromised.
Target date for proposed rule 07/04
Proposed Rule Stage (Previously Appeared in DHS' Agenda)
| Regulation Title | Target Date for Proposed Rule |
| Documentary Requirements for Returning Residents | 10/04 |
| Imposition of Fines for Violations of the Immigration and Nationality Act | 09/04 |
| Adjustment of Fees for Dedicated Commuter Lanes and Secure Electronic Network for Travelers' Rapid Inspection (SENTRI) Programs at Land Border Ports of Entry | 10/04 |
| Visa Waiver Program: Guam Visa Waiver Program | 08/04 |
| Examination of In-Transit Mail Shipments | 10/04 |
| Advance Notice Requirements for Aircraft Landings and Arrivals; Revisions to the Private Aircraft Overflight Program | 10/04 |
| Prior Disclosure and Lost Duty or Revenue Demands When Penalty Claim Not Issued | 09/04 |
Final Rule Stage (Most Previously Appeared in DHS' Agenda)
| Regulation Title | Target Date for Interim/Final Rule or Action |
| Fees for Participation in Dedicated Commuter Lanes at Selected Ports of Entry; Collection of Fees Under the Dedicated Commuter Lane Program | 08/04 |
| Suspension of Privilege to Transport Aliens to the U.S. | 10/04 |
| Establishment of Preinspected Automated Lane (PAL) Program | 10/04 |
| Amendment of the Regulatory Definition of Arriving Alien | 12/04 |
| Elimination of Immigration and Naturalization Service-Issued Mexican and Canadian Border Crossing Cards | 10/04 |
| Extension of 25-Mile Limit at Select Arizona Ports-of-Entry | 10/04 |
| Expansion of Dedicated Commuter Lanes; Clarification of Driver's License Requirement for Applicants to Dedicated Commuter Lanes and Automated Permit Port Programs | 08/04 |
| Removal of Visa and Passport Wavier for Certain Permanent Residents of Canada and Bermuda | 10/04 |
| Posting of Security Guard at Gangway of Vessel for Detaining Alien Crewman | 10/04 |
| Removing Indonesia and Malaysia from the Guam Visa Waiver Program | 10/04 |
| Automated Inspection Services - Extension of Enrollment Period | 10/04 |
| Nonimmigrant Visa Exemption for Nationals of the British Virgin Islands Entering the U.S. through St. Thomas, U.S. Virgin Islands | 10/04 |
| Patent Surveys | 10/04 |
| Electronic Transmission of Passenger and Crew Manifests for Vessels and Aircraft | 08/04 |
| Access to Customs Security Areas at Airports | 10/04 |
| Conditional Release Period and Customs Bond Obligations for Food, Drugs, Devices, and Cosmetics | 10/04 |
| Passenger Name Record Information Required for Passengers on Flights in Foreign Air Transportation to or from the U.S. | 10/04 |
| Customs Broker License Examination Dates | 07/04 |
| Confidentiality of Commercial Information | 07/04 |
| Publication of Administrative Forfeiture Notices | 08/04 |
| Implementation of the U.S. Visitor and Immigrant Status Indicator Technology Program (US-VISIT): Biometric Enrollment Requirements | 08/04 |
| Letters and Documents; Advance Electronic Presentation of Cargo Data | 07/04 |
| Remittance of Immigration User Fee | 07/04 |
| Changes to the Administrative Process for Petitions for Relief Regarding Seizures and Forfeitures Resulting from Violations of Immigration and Naturalization Laws | 09/04 |
| Overtime Compensation and Premium Pay for Customs Officers | 07/04 |
first time appears in DHS' semi-annual agenda
Long Term Actions (Previously Appeared in DHS' Agenda)
Visa Waiver Program
Establishing Criteria for Determining Countries Whose Citizens Are Ineligible for the Transit Without Visa (TWOV) Program
Inspection and Expedited Removal of Aliens; Detention and Removal of Aliens; Conduct of Removal Proceedings
Contracts With Transportation Lines
Update of List of Countries Whose Citizens or Nationals are Ineligible for Transit Without Visa (TWOV) Privileges to the U.S. Under the TWOV Program
Adding Colombia to the List of Countries Whose Citizens or Nationals are Ineligible for Transit Without Visa (TWOV) Privileges to the U.S. Under the TWOV Program
Removing Russia from the List of Countries Whose Citizens or Nationals are Ineligible for Transit Without Visa (TWOV) Privileges to the U.S. under the TWOV Program
Designated Land Border Crossing Locations for Certain Conveyances
Procedures Governing the Border Release Advanced Screening and Selectivity (BRASS) Program
DHS' semi-annual regulatory agenda (FR Pub 06/28/04) available at http://a257.g.akamaitech.net/7/257/2422/15mar20010800/edocket.access.gpo.gov/ua040628/pdf/ua040409.pdf