SUPPLEMENTARY INFORMATION:

DHS provides this notice pursuant to the requirements of the Regulatory Flexibility Act (Pub. L. 96-354, Sept. 19, 1980) and Executive Order 12866 “Regulatory Planning and Review” (Sept. 30, 1993) as incorporated in Executive Order 13563 “Improving Regulation and Regulatory Review” (Jan. 18, 2011), which require the Department to publish an agenda of regulations. The regulatory agenda is a summary of existing and projected regulations as well as actions completed since the publication of the last regulatory agenda for the Department. DHS's last regulatory agenda was published online on September 4, 2025, at www.reginfo.gov/​public/​do/​eAgendaMain.

Beginning in fall 2007, the internet became the basic means for disseminating the Unified Agenda. The complete Unified Agenda is available online at www.reginfo.gov.

The Regulatory Flexibility Act (5 U.S.C. 602) requires Federal agencies to publish their regulatory flexibility agendas in the Federal Register . A regulatory flexibility agenda shall contain, among other things, a brief description of the subject area of any rule which is likely to have a significant economic impact on a substantial number of small entities. DHS's printed agenda entries include regulatory actions that are in the Department's regulatory flexibility agenda. Printing of these entries is limited to fields that contain information required by the agenda provisions of the Regulatory Flexibility Act. Additional information on these entries is available in the Unified Agenda published on the internet.

The semiannual agenda of the Department conforms to the Unified Agenda format developed by the Regulatory Information Service Center.

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257. U.S. CITIZENSHIP AND IMMIGRATION SERVICES EMPLOYMENT-BASED IMMIGRANT VISA, FIFTH PREFERENCE (EB-5) FEE RULE

Legal Authority: 8 U.S.C. 1101, 1103, 1153, 1184, 1186a, 1186b, 1254a, 1254b, 1304, 1356; Pub. L. 107-609; 48 U.S.C. 1806; Pub. L. 107-296, 116 Stat. 2135 (6 U.S.C. 101 note); Pub. L. 115-218, 132 Stat. 1547; Pub. L. 116-159, 134 Stat. 709; Pub. L. 117-103, 136 Stat. 49.

Abstract: On October 23, 2025, DHS proposed to adjust the fees USCIS charges for Employment-Based Fifth Preference (EB-5) immigration benefit requests. This rule also proposes to codify in regulation certain elements of the EB-5 Reform and Integrity Act of 2022 and make one technical amendment. DHS intends that the rule will provide USCIS the resources necessary to accomplish the goals of the EB-5 Reform and Integrity Act of 2022 and enhance and maintain the integrity of the EB-5 program. Following review of public comments, DHS plans to issue a final rule. On Jan. 31, 2024, DHS adjusted these fees as part of a larger fee rule with other changes; however, it did not implement EB-5 Reform and Integrity Act of 2022 requirements.

Timetable:

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Carol Cribbs, Deputy Chief Financial Officer, Department of Homeland Security, U.S. Citizenship and Immigration Services, 5900 Capital Gateway Drive, Camp Springs, MD 20588

Phone: 240 721-3000

RIN: 1615-AC93

258. PETITION FOR IMMIGRANT WORKER REFORMS

Legal Authority: 6 U.S.C. 111, 112; 8 U.S.C. 1103(a); 8 U.S.C. 1153(b); 8 U.S.C. 1154(a)(1)(E) and (F); 8 U.S.C. 1182(a)(5)(C) and (r)

Abstract: USCIS is withdrawing this rule from the Unified Agenda. The Department of Homeland Security (DHS) is proposing to amend its regulations governing employment-based immigrant petitions in the first, second, and third preference classifications. Petitions for these classifications are filed by employers, or in certain cases by aliens on their own behalf, to bring talent and skills to the United States. The proposed rule would, if finalized, implement reforms to ( printed page 53006) ensure the integrity of the program, such as defining bona fide job offer and clarifying site visit authority. It would also codify current policy guidance and implement administrative decisions regarding successorship-in-interest and ability to pay; update provisions governing extraordinary ability and outstanding professors and researchers; modernize outdated provisions for individuals of extraordinary ability and outstanding professors and researchers; clarify evidentiary requirements for first preference classifications, second preference national interest waiver (NIW) classifications, and physicians of national and international renown; and correct errors and omissions.

Timetable:

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Paul Buono, Chief, Business and Foreign Workers Division, Office of Policy and Strategy, Department of Homeland Security, U.S. Citizenship and Immigration Services, 5900 Capital Gateway Drive, Suite 4S190, Camp Springs, MD 20588-0009

Phone: 240 721-3000

RIN: 1615-AC85

259. WEIGHTED SELECTION PROCESS FOR REGISTRANTS AND PETITIONERS SEEKING TO FILE CAP-SUBJECT H-1B PETITIONS

Legal Authority: 6 U.S.C. 101,111, 112, and 202; 8 U.S.C. 1101(a)(15)(H)(i)(b); 1103(a), 1182(n) and (p); 8 U.S.C. 1184(a), (c), (g), and (i); . . .

Abstract: DHS is amending its regulations governing the process by which USCIS selects H-1B registrations for the filing of H-1B petitions subject to the numerical limitations under INA section 214(g), or the way in which USCIS selects H-1B petitions for any year in which the registration requirement is suspended. Under the rule, all registrations (or petitions, if applicable) would be weighted to generally favor beneficiaries whose proffered wages correspond to higher Occupational Employment and Wage Statistics wage levels. The rule would retain beneficiary-centric selection of registrations. The rule would not affect the order of selection between the regular cap and the advanced degree exemption, and would not alter the prevailing wage level associated with a given position for U.S. Department of Labor purposes.

Timetable:

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Paul Buono, Chief, Business and Foreign Workers Division, Office of Policy and Strategy, Department of Homeland Security, U.S. Citizenship and Immigration Services, 5900 Capital Gateway Drive, Suite 4S190, Camp Springs, MD 20588-0009

Phone: 240 721-3000

RIN: 1615-AD01

260. ELECTRONIC EXPORT MANIFEST FOR VESSEL CARGO

Legal Authority: Not Yet Determined

Abstract: U.S. Customs and Border Protection (CBP) proposes to amend its regulations to require the advance submission of electronic export manifest (EEM) information to CBP for cargo transported by vessel departing the United States. The proposed rule would identify the parties eligible to transmit advance vessel EEM information, and their responsibilities, and describe the time frames for transmission of the information prior to cargo loading or conveyance departure. Requiring this data in advance would significantly improve cargo safety and security while minimizing disruption to the flow of commerce in the sea environment. The rule would eliminate the need for outbound vessel carriers to submit CBP Form 1302A and reduce the number of cargo returns.

Timetable:

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Thomas Pagano, Chief, Outbound Enforcement Branch, Department of Homeland Security, U.S. Customs and Border Protection, Office of Field Operations, 1300 Pennsylvania Ave. NW, Washington, DC 20229

Phone: 202 344-3277

Email: cbpexportmanifest@cpb.dhs.gov

RIN: 1651-AB59

261. 9-11 RESPONSE & BIOMETRIC ENTRY-EXIT FEE FOR H-1B AND L-1 VISAS

Legal Authority: Pub. L. 114-113, sec. 402; Pub. L. 115-123, sec. 30203

Abstract: The 9-11 Response and Biometric Entry-Exit Fees for H-1B and L-1 Visas (9-11 Response Fees) are fees paid by certain employers of H-1B and L nonimmigrant workers. To implement Public Law 114-113, DHS is amending and clarifying the regulations to specify that the 9-11 Response Fees will apply to all H-1B and L-1 extension petitions in addition to all previously covered H-1B and L-1 petitions.

Timetable:

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Larry Panetta, Director, Biometric Entry-Exit Strategic Transformation Admissibility and Passenger Programs, Department of Homeland Security, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue NW, A21104, Washington, DC 20004

Phone: 202 344-1253

Email: larry.a.panetta@cbp.dhs.gov

RIN: 1651-AB48

262. VETTING OF CERTAIN SURFACE TRANSPORTATION EMPLOYEES

Regulatory Plan: This entry is Seq. No. 80 in part II of this issue of the Federal Register .

RIN: 1652-AA69

263. • NORMALIZING UNMANNED AIRCRAFT SYSTEMS BEYOND VISUAL LINE OF SIGHT OPERATIONS

Regulatory Plan: This entry is Seq. No. 82 in part II of this issue of the Federal Register .

RIN: 1652-AA80 ( printed page 53007)

264. AMENDING VETTING REQUIREMENTS FOR EMPLOYEES WITH ACCESS TO A SECURITY IDENTIFICATION DISPLAY AREA (SIDA)

Legal Authority: Pub. L. 114-190, sec. 3405

Relevant Executive Orders: 14157; 14159; 14165

Abstract: The FAA Extension, Safety, and Security Act of 2016 (FESSA) requires TSA to enhance the eligibility requirements and disqualifying criminal offenses for individuals seeking or having unescorted access to any Security Identification Display Area (SIDA) of an airport. TSA will propose a rule to revise its regulations, reflecting current knowledge of insider threat and intelligence, concerning access to any SIDA of an airport. TSA will propose additions to the list of disqualifying criminal offenses and criteria, develop an appeal and waiver process for the issuance of credentials for unescorted access, and propose an extension of the lookback period for disqualifying crimes. As part of TSA's reevaluation of the eligibility and redress standards for aviation workers required by the Act, TSA is also reevaluating the current vetting process to minimize any security risks that may exist.

Timetable:

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Bob Scott, Airport Policy Director, Department of Homeland Security, Transportation Security Administration, Airports Security Programs, Aviation Division, Policy, Plans, and Engagement, 6595 Springfield Center Drive, Springfield, VA 20598-6028

Phone: 202 579-3744

Email: bob.scott@tsa.dhs.gov

James Ruger, Chief Economist, Economic Analysis Branch-Coordination & Analysis Division, Department of Homeland Security, Transportation Security Administration, Policy, Plans, and Engagement, 6595 Springfield Center Drive, Springfield, VA 20598-6028

Phone: 571 227-5519

Email: james.ruger@tsa.dhs.gov

Christine Beyer, Senior Counsel, Regulations and Security Standards, Department of Homeland Security, Transportation Security Administration, Chief Counsel's Office, 6595 Springfield Center Drive, Springfield, VA 20598-6002

Phone: 571 227-3653

Email: christine.beyer@tsa.dhs.gov

RIN: 1652-AA70

265. ENHANCING SURFACE CYBER RISK MANAGEMENT

Legal Authority: 49 U.S.C. 114; Pub. L. 110-53, secs. 1405, 1512 and 1531

Relevant Executive Orders: 13800

Abstract: In 2021, in response to an ongoing threat to pipeline systems, TSA issued emergency security directives to owners and operators of TSA-designated critical pipelines that transport hazardous liquids and natural gas. The directives required covered entities to implement a number of urgently needed protections against cyber intrusions. TSA also issued security directives to owners and operators in the freight, passenger, and transit-rail sectors. This rulemaking will codify critical cybersecurity requirements for pipeline and rail modes. Through this rulemaking, TSA will also address certain requirements in the Implementing Recommendations of the 9/11 Commission Act of 2007 related to information and operational technology systems. TSA published an advance notice of proposed rulemaking in November 2022, and a notice of proposed rulemaking in November 2024.

Timetable:

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Ashlee Marks, Section Chief, Policy Development Section, Surface Policy Division, Department of Homeland Security, Transportation Security Administration, Policy, Plans, and Engagement, 6595 Springfield Center Drive, Springfield, VA 20598-6028

Phone: 571 227-3740

Email: ashlee.marks@tsa.dhs.gov

James Ruger, Chief Economist, Economic Analysis Branch-Coordination & Analysis Division, Department of Homeland Security, Transportation Security Administration, Policy, Plans, and Engagement, 6595 Springfield Center Drive, Springfield, VA 20598-6028

Phone: 571 227-5519

Email: james.ruger@tsa.dhs.gov

David Kasminoff, Senior Counsel, Regulations and Security Standards, Department of Homeland Security, Transportation Security Administration, Chief Counsel's Office, 6595 Springfield Center Drive, Springfield, VA 20598-6002

Phone: 571 227-3583

Email: david.kasminoff@tsa.dhs.gov

RIN: 1652-AA74

266. CYBER INCIDENT REPORTING FOR CRITICAL INFRASTRUCTURE ACT (CIRCIA) REPORTING REQUIREMENTS

Regulatory Plan: This entry is Seq. No. 85 in part II of this issue of the Federal Register .

RIN: 1670-AA04

267. AMMONIUM NITRATE SECURITY PROGRAM

Legal Authority: 6 U.S.C. 488 et seq.

Abstract: This rule would implement a December 2007 amendment to the Homeland Security Act. The amendment is titled “Secure Handling of Ammonium Nitrate.” It requires the Department of Homeland Security to “regulate the sale and transfer of ammonium nitrate by an ammonium nitrate facility . . . to prevent the misappropriation or use of ammonium nitrate in an act of terrorism.” The Cybersecurity and Infrastructure Security Agency (CISA) issued an Advance Notice of Proposed Rulemaking in 2008 and a Notice of Proposed Rulemaking in 2011. CISA is planning to issue a Supplemental Notice of Proposed Rulemaking.

Timetable: ( printed page 53008)

Regulatory Flexibility Analysis Required: Yes

Agency Contact: John Travis Walker, Associate Director for Chemical Security, Acting, Department of Homeland Security, Cybersecurity and Infrastructure Security Agency, CISA-WB2 Stop 0612, 4200 Wilson Blvd., Arlington, VA 20598-0612

Phone: 202 384-2756

Email: john.walker@cisa.dhs.gov

RIN: 1670-AA00

268. • LOW-VALUE SHIPMENTS

Legal Authority: 19 U.S.C. 1321; 19 U.S.C. 1498; 19 U.S.C. 1623

Relevant Executive Orders: 14324

Abstract: This rule amends CBP regulations to implement the indefinite suspension of the de minimis exemption for goods valued at $800 or less, modify the electronic filing requirements for certain informal entries of goods valued at $2,500 or less, and establish a new electronic informal entry type for merchandise entering through themail environment. Additionally, this rule provides for new bonding requirements for informal entries including in themail environment.

Timetable:

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Christopher Mabelitini, Director, Intellectual Property Rights & E-Commerce Division, Department of Homeland Security, Customs Revenue Functions, 1300 Pennsylvania Avenue NW, Washington, DC 20229

Phone: 202 325-6915

RIN: 1685-AA38

91 FR 53004