DHS Issues its Regulatory Agenda for CBP, Planning Rulemaking on Amendments to ISF Requirements
The Department of Homeland Security (DHS) published its fall 2012 regulatory agenda for CBP, which lists one new trade-related rulemaking. The agenda will eventually run in the Federal Register, though it's unclear when. While there's only one new trade-related rulemaking on the DHS' fall 2012 agenda, several were removed since the previous DHS regulatory agenda.
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(The agenda lists 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. The Treasury Department has a different semi-annual regulatory agenda for CBP. See future issue of ITT for this list.)
Fall Agenda Includes 1 New Trade Rulemakings
According to the agenda, CBP is targeting May to issue a Notice of Proposed Rulemaking on "Amendments to Importer Security Filing (ISF) and Additional Carrier Requirements." This rule is meant to increase the accuracy and reliability of the advance information submitted as part of ISF.
(ISF regulations require carriers and importers to provide to CBP, via a CBP-approved electronic data interchange system, information necessary to enable CBP to identify high-risk shipments to prevent smuggling and ensure cargo safety and security. Importers and carriers must submit specified information before the cargo is brought into the United States by vessel in accordance with specified time frames.)
Agenda Highlights
Highlights of DHS' CBP rulemakings that are at the proposed, final, or completed stages, are below. New items are marked with an asterisk (*).
| Regulation Title | Target Date |
| Proposed Rule | |
| *Waiver of Passport and Visa Requirements Due to an Unforeseen Emergency | 05/13 |
| *Amendments to Importer Security Filing and Additional Carrier Requirements | 05/13 |
| Final Rule | |
| Importer Security Filing and Additional Carrier Requirements | 02/13 |
| Changes to the Visa Waiver Program to Implement the Electronic System for Travel Authorization (ESTA) Program | 08/13 |
| Implementation of the Guam-CNMI Visa Waiver Program | 03/13 |
| Clarification of Countries and Geographic Areas Eligible for Participation in the Guam-Commonwealth of the Northern Mariana Islands Visa Waiver Program | 06/13 |
| Electronic System for Travel Authorization (ESTA): Fee for Use of the System | 06/13 |
| Exemption From Entry Requirements for Certain Department of Defense Vessels and Aircraft | 05/13 |
| Boquillas Border Crossing | 12/12 |
| Closing of the Port of Whitetail, Montana | 01/13 |
| Internet Publication of Administrative Seizure/Forfeiture Notices | 02/13 |
| *Extension of Border Zone in the State of New Mexico | 05/13 |
| *Definition of Form I-94 to Include Electronic Format | 02/13 |
(See ITT's Online Archives 12021522 for summary of the DHS' fall 2011 regulatory agenda for CBP.)