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DHS Issues Spring Regulatory Agenda for CBP, Includes Update to Broker Exams Regulations

The Department of Homeland Security (DHS) published its Spring 2016 regulatory agenda for CBP (here). The agenda includes a rulemaking on the modernization of customs broker exam regulations (here). A CBP official recently said a proposal on changes to the exams was in the works (see 1604220023). The exam rulemaking seems to replace a rulemaking listed on the previous agenda on modernizing broker regulations (see 1511200014). Both items have the same Regulatory Identification Number.

The proposed rule would amend CBP regulations on customs broker exams. "Among the changes addressed are changes to CBP’s broker examination provisions, the examination fee, and adjustment of the dates of the examination to account for the fiscal year transition period and payment schedule requirements," it said. CBP aims to issue a proposal by December, it said.

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.

Agenda Includes Rulemaking on ISF

The agenda also included a revised proposal on Importer Security Filing (here). The rule would "expand the definition of ISF Importer for certain types of shipments to ensure that the party that has the best access to the required information will be the party that is responsible for filing the ISF," said CBP. CBP also moved an ISF final rule (here) to its list of "Long-Term Actions." CBP previously said it is still working on a proposal as to ISF-5 data requirements (see 1505060013). Once that rulemaking is complete, CBP plans to 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 TitleTarget Date
Proposed Rule
Waiver of Passport and Visa Requirements Due to an Unforeseen Emergency12/16
*Definition of Importer Security Filing (ISF) Importer08/16
Nonimmigrant Classes: Temporary Visitors to the United States for Business or Pleasure10/16
Small Vessel Reporting System09/16
Air Cargo Advance Screening (ACAS)09/16
Western Hemisphere Travel Initiative (WHTI)-Noncompliant Traveler Fee08/16
*Modernization of the Customs Brokers Examination Regulations12/16
Final Rule
Implementation of the Guam-CNMI Visa Waiver Program02/17
Clarification of Countries and Geographic Areas Eligible for Participation in the Guam-Commonwealth of the Northern Mariana Islands Visa Waiver Program02/17
Definition of Form I-94 to Include Electronic Format08/16
The U.S. Asia-Pacific Economic Cooperation Business Travel Card Program12/16
Centers of Excellence and Expertise07/16
*Electronic Visa Information Update System09/16
*Elimination of Nonimmigrant Visa Exemption for Certain Caribbean Residents Coming to the United States as H-2A Agricultural Workers03/17
*Flights To and From Cuba01/17