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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. 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.

(See ITT's Online Archives or 11/03/05 news, 05110315, for BP summary of Treasury's CBP semi-annual regulatory agenda.)

Proposed Rule Stage

Regulation TitleTarget Date for Proposed Rule
Container Seals11/05
Cargo Information (Manifest) Discrepancy Reporting Requirements and Penalty Guidelines01/06
Use of Sampling Methods in CBP Audits and Offsetting of Overpayments and Over-Declarations in 19 USC 1592 Penalty Cases12/05
Prior Disclosure and Lost Duty or Revenue Demands When Penalty Claim Not Issued01/06
Advance Notice Requirements for Aircraft Landings and Arrivals; Revisions to the Private Aircraft Overflight Program06/06
Air Transit Program12/05
Changes to the Administrative Process for Petitions for Relief Regarding Seizures and Forfeitures Resulting from Violations of Immigration and Naturalization Laws03/06
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.01/06
Consolidation of Collections for Reimbursable Services111/05
Documentation Requirements for Travel within the Western Hemisphere02/06

Final Rule Stage

Regulation TitleTarget Date for Interim/Final Rule or Action
Letters and Documents; Advance Electronic Presentation of Cargo Data02/06
Elimination of Immigration and Naturalization Service-Issued Mexican and Canadian Border Crossing Cards03/06
Extension of 25-Mile Limit at Select Arizona Ports-of-Entry02/06
Access to Customs Security Areas at Airports02/06
Passenger Name Record Information Required for Passengers on Flights in Foreign Air Transportation to or from the U.S.09/06
Confidentiality of Commercial Information12/05
Remittance of Immigration User Fee12/05
Extension of Time Limit on Admission of Certain Mexican Nationals02/06
Abbreviation or Waiver of Training for State or Local Law Enforcement Officers Authorized to Enforce Immigration Law During a Mass Influx of Aliens09/06
Documents Required for Travel within the Western Hemisphere02/06

Long Term Actions (Date for Next Action Either Undetermined or To Be Determined; Some are Already in Effect as Interim Rule)

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
Conditional Release Period and Customs Bond Obligations for Food, Drugs, Devices, and Cosmetics (transferred to RIN 1505-AB57)
Western Hemisphere Travel Document Requirements (withdrawn)

First time appearing in DHS' semi-annual agenda

DHS' Semi-Annual Regulatory Agenda (FR Pub 10/31/05) available at http://a257.g.akamaitech.net/7/257/2422/31oct20050800/edocket.access.gpo.gov/ua051031/pdf/ua051009.pdf