DHS Issues Fall Regulatory Agenda for CBP, Includes Update to Broker Regulations
The Department of Homeland Security (DHS) published its Fall 2015 regulatory agenda for CBP (here). The agenda includes a new rulemaking on the modernization of customs broker regulations (here). A source of discussion for several years now, the inclusion of the rulemaking for broker regulations marks a step toward formal action. CBP Assistant Commissioner Brenda Smith recently said a proposed rule on Part 111 may face some delay due the Automated Commercial Environment, which is seen as a priority (see 1511040068). The agenda mentions June of 2016 as a target date for the proposed rulemaking.
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The updated regulations for brokers are meant to "reflect the modern CBP operating environment," said CBP in its description of the proposal. "Among the changes addressed are changes to CBP’s broker licensing, testing and application processes, and the permit issuance procedure. This rule would also propose to update the fee structure for broker examinations and licenses." An industry lawyer recently provided a broad outline of some of the changes CBP is considering as part of the update (see 1510210017).
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, 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 Rulemakings on ISF
CBP again listed two ISF-related rulemakings, one as a proposed rulemaking (here) and another as a final rule (here). CBP previously said it is still working on a proposal as to ISF-5 data requirements (see 1505060013). Once that rulemaking is complete, CBP will publish a final rule for the program, which is now regulated under an interim final rule.
Agenda Highlights
Highlights of DHS' CBP rulemakings that are at the proposed, final, or completed stages, are below. New items since the previous regulatory are marked with an asterisk (*).
| Regulation Title | Target Date |
|---|---|
| Proposed Rule | |
| Waiver of Passport and Visa Requirements Due to an Unforeseen Emergency | 12/15 |
| Amendments to Importer Security Filing and Additional Carrier Requirements | 06/16 |
| Nonimmigrant Classes: Temporary Visitors to the United States for Business or Pleasure | 10/16 |
| Small Vessel Reporting System | 05/16 |
| Air Cargo Advance Screening (ACAS) | 03/16 |
| *Western Hemisphere Travel Initiative (WHTI)-Noncompliant Traveler Fee | 05/16 |
| *Modernization of the Customs Brokers Regulations | 05/16 |
| Final Rule | 6/16 |
| Importer Security Filing and Additional Carrier Requirements | 09/16 |
| Implementation of the Guam-CNMI Visa Waiver Program | 08/16 |
| Clarification of Countries and Geographic Areas Eligible for Participation in the Guam-Commonwealth of the Northern Mariana Islands Visa Waiver Program | 08/16 |
| Exemption From Entry Requirements for Certain Department of Defense Vessels and Aircraft | 06/16 |
| Definition of Form I-94 to Include Electronic Format | 02/16 |
| The U.S. Asia-Pacific Economic Cooperation Business Travel Card Program | 06/16 |
| Centers of Excellence and Expertise | 06/16 |
| Freedom of Information Act Procedures | 12/15 |