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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. This version of the semi-annual regulatory agenda also includes one rulemaking at the pre-rule stage. For 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.

Pre-Rule Stage

Regulation TitleTarget Date for Advance Notice of Proposed Rule
Western Hemisphere Travel Document Requirements05/05

Proposed Rule Stage

Regulation Title

Target Date for Proposed Rule
Container Seals09/05
Cargo Information (Manifest) Discrepancy Reporting Requirements and Penalty Guidelines08/05
Use of Sampling Methods in CBP Audits and Offsetting of Overpayments and Over-Declarations in 19 USC 1592 Penalty Cases08/05
Prior Disclosure and Lost Duty or Revenue Demands When Penalty Claim Not Issued10/05
Advance Notice Requirements for Aircraft Landings and Arrivals; Revisions to the Private Aircraft Overflight Program09/05
Air Transit Program06/05
Changes to the Administrative Process for Petitions for Relief Regarding Seizures and Forfeitures Resulting from Violations of Immigration and Naturalization Laws07/05
Passenger Manifest for Commercial Aircraft Arriving in and Departing from the U.S.; Passengers and Crew Manifests for Commercial Vessels Departing from the U.S.05/05

Final Rule Stage (All Previously Appearing on DHS' Semi-Annual Agenda)

Regulation TitleTarget Date for Interim/Final Rule or Action
Conditional Release Period for Customs Bond Obligations for Food, Drugs, Devices, and Cosmetics10/05
Letters and Documents; Advance Electronic Presentation of Cargo Data08/05
Elimination of Immigration and Naturalization Service-Issued Mexican and Canadian Border Crossing Cards10/05
Extension of 25-Mile Limit at Select Arizona Ports-of-Entry09/05
Access to Customs Security Areas at Airports10/05
Passenger Name Record Information Required for Passengers on Flights in Foreign Air Transportation to or from the U.S.10/05
Confidentiality of Commercial Information06/05
Remittance of Immigration User Fee06/05
Extension of Time Limit on Admission of Certain Mexican Nationals09/05

Long Term Actions (Date for Next Action Either Undetermined or To Be Determined, All Previously Appearing on DHS Semi-Annual Agenda)

Regulation Title
Procedures Governing the Border Release Advanced Screening and Selectivity (BRASS) Program
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
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 U.S. through St. Thomas, U.S. Virgin Islands

Completed Actions

Regulation Title

FR Pub Date
Electronic Transmission of Passenger and Crew Manifests for Vessels and Aircraft04/07/05
Publication of Administrative Forfeiture Notices02/22/05

First time appearing in DHS' semi-annual agenda

DHS' Semi-Annual Regulatory Agenda (FR Pub 05/16/05) available at http://a257.g.akamaitech.net/7/257/2422/16may20050800/edocket.access.gpo.gov/ua050516/pdf/ua050409.pdf