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DHS Issues its Semi-Annual Regulatory Agenda for CBP

The Department of Homeland Security has published its spring 2011 semi-annual regulatory agenda for U.S. Customs and Border Protection.

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(The Treasury Department has a different semi-annual regulatory agenda for CBP. See future issue of ITT for BP summary of the Treasury agenda.)

This agenda is a comprehensive list of 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.

Spring Agenda Includes 6 New Rulemakings, 3 Items Now Finalized/Completed

DHS' spring 2011 agenda for CBP is similar to the fall 2010 agenda. However, six new trade-related rulemakings were included in the spring agenda (marked with an asterisk (*)) and three rulemakings were moved to either the completed or final rule stage (marked with a plus sign (+)).

Agenda Highlights

Highlights of DHS' CBP rulemakings that are at the proposed, interim final/final, or completed stages, or that are long term actions, are as follows (partial list):

Regulation Title
Proposed Rule Stage
*Morses Line Border Crossing (target date missed)
*Exemption from Entry Requirements for Certain Department of Defense Vessels and Aircraft (target date missed)
*Boquillas Border Crossing (target date missed)
*Changes to the In-Bond Process
Interim Final/Final Rule Stage
Importer Security Filing and Additional Carrier Requirements (10+2)
Changes to the Visa Waiver Program to Implement the ESTA Program
Establishment of Global Entry 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 VWP
ESTA: Fee for Use of the System
*Civil Monetary Penalties Inflation Adjustment
Completed Actions
+Cargo Information (Manifest) Discrepancy Reporting Requirements and Penalty Guidelines1
+Land Border Carrier Initiative Program
*Airports of Entry or Departure for Flights to and from Cuba
Long Term Actions
Visa Waiver Program
Establishment of Pre-inspected Automated Lane (PAL) Program
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
Access to Customs Security Areas at Airports
Procedures Governing the Border Release Advanced Screening and Selectivity (BRASS) Program

1Note that no proposed, final, or direct final rules were listed as issued on this action.

(See ITT's Online Archives or 07/07/11 news, 11070713, for BP summary on the availability of CBP and other Federal agency semi-annual regulatory agendas.)

DHS' Spring 2011 Regulatory Agenda is available here.