Federal Register #CBP Dec. 26-08

DHS Final Rule: Nonimmigrant Classifications for Lightering Crew

This final rule from the Department of Homeland Security (DHS), through U.S. Customs and Border Protection, updates regulations related to nonimmigrant classifications for lightering crew: - Government Buyer: - Department of Homeland Security (DHS) - U.S. Customs and Border Protection - No Original Equipment Manufacturers (OEMs) or vendors are mentioned - No products or services are being requested or procured - Key Regulatory Changes: - Amends nonimmigrant classifications (C and D) to include crew performing ship-to-ship liquid cargo transfer (lightering) for vessels in foreign trade - Establishes new C4 and D3 subclassifications specifically for lightering crew - Allows qualifying aliens to seek admission or temporary landing permits for up to 180 days - Clarifies that lightering operations do not constitute domestic employment for immigration purposes - Makes technical amendments to regulatory references and requirements - No contract, procurement, or acquisition activity is associated with this rule

Description

This final rule by the Department of Homeland Security amends regulations to conform to the Energy Security and Lightering Independence Act of 2022. The Act amends nonimmigrant classifications for aliens in transit (C) and crewmen (D) to include individuals performing ship-to-ship liquid cargo transfer operations (lightering). It authorizes qualifying aliens to seek admission or request temporary landing permits for up to 180 days. The rule also makes related technical amendments to DHS regulations.

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