Spring 2018 Unified Agenda – DHS

Yesterday the Trump Administration published their Spring 2018 Unified Agenda. While I caution that this projection of Administration rulemaking is aspirational at best, it does provide some insight into the regulatory process. There are a couple of changes of potential interest since the Fall 2017 Agenda was published.

Active DHS Agenda

The table below shows the Active Agenda for the Department of Homeland Security. These are the rulemakings that the Department considers under active management. It does not really mean that these rulemakings will see the light of day in the next six months.

OS	Final Rule	Homeland Security Acquisition Regulation: Safeguarding of Controlled Unclassified Sensitive Information (HSAR Case 2015-001)	1601-AA76
USCG	Proposed Rule	Revision to Transportation Worker Identification Credential (TWIC) Requirements for Mariners	1625-AB80
USCG	Proposed Rule	TWIC Reader Requirements; Delay of Effective Date	1625-AC47
USCG	Final Rule	Marine Transportation--Related Facility Response Plans for Hazardous Substances	1625-AA12
USCG	Final Rule	Tank Vessel Response Plans for Hazardous Substances	1625-AA13
USCG	Final Rule	2013 Liquid Chemical Categorization Updates	1625-AB94
TSA	Proposed Rule	Vetting of Certain Surface Transportation Employees	1652-AA69
TSA	Final Rule	Protection of Sensitive Security Information	1652-AA08
TSA	Final Rule	Security Training for Surface Transportation Employees	1652-AA55

The TWIC Reader delay rule is new to the Unified Agenda and sharp eyed readers will recall that I have reported that the notice of proposed rulemaking has been submitted to OMB for review. There is no new information in the Agenda listing that would indicate whey this rulemaking has been initiated.

The Controlled Unclassified Information rulemaking is back on the Active Agenda after being moved to the Long Term Agenda last summer by the Trump Administration. These moves happen frequently and offer no real insight into the rulemaking process.

Long-Term Agenda

The table below shows the Long-Term Agenda. These are rulemakings that are still expected to move forward at some point, but not in the foreseeable future. Again, this status is not locked in stone.

OS	Ammonium Nitrate Security Program	1601-AA52
OS	Chemical Facility Anti-Terrorism Standards (CFATS)	1601-AA69
OS	Updates to Protected Critical Infrastructure Information	1601-AA77
USCG	Amendments to Chemical Testing Requirements	1625-AB58
USCG	Maritime Security--Vessel Personnel Security Training	1625-AC36
TSA	Surface Transportation Vulnerability Assessments and Security Plans	1652-AA56

Other than the already noted promotion of the CUI rulemaking to the Active Agenda there are no changes in the Long-Term Agenda

Inactive Agenda

The Inactive Agenda that was introduced in the Spring 2017 Unified Agenda is missing from this latest version. I suspect that the rulemakings that were listed in this list have been effectively killed by the Trump Administration. Again, this is now writ in stone; these agendas are very flexible, especially when administrations change.