Department of Homeland Security September 2008 – Federal Register Recent Federal Regulation Documents

This document adopts as a final rule, with some changes, interim amendments to title 19 of the Code of Federal Regulations which were published in the Federal Register on June 22, 2007, as CBP Dec. 07-43 to implement the duty-free provisions of the Haitian Hemispheric Opportunity through Partnership Encouragement (``HOPE I'') Act of 2006. The regulatory amendments adopted as a final rule in this document include changes necessitated by enactment of the Haitian Hemispheric Opportunity through Partnership Encouragement (``HOPE II'') Act of 2008.

In accordance with the Privacy Act of 1974, the Department of Homeland Security is giving notice that it proposes to retire the following Privacy Act system of records notices, Treasury/CS.001 Acceptable Level of Competence, Negative Determination (66 FR 52984 October 18, 2001) and Treasury/CS.286 Electronic Job Application Processing System (66 FR 52984 October 18, 2001), from its inventory of records systems and rely upon the Government-wide system of records notice issued by the Office of Personnel Management, OPM/GOVT-5 Recruiting, Examining, and Placement Records (71 FR 35351 June 19, 2006) which is written to cover all Federal recruiting, examining, and placement activities.

In accordance with the Privacy Act of 1974, the Department of Homeland Security is giving notice that it proposes to consolidate the following Privacy Act system of records notices, Treasury/CS.238 Training and Career Individual Development Plans (66 FR 52984 October 18, 2001), Treasury/CS.239 Training Records (66 FR 52984 October 18, 2001), FEMA/NETC-1 Student Application and Registration Records (55 FR 37182 September 7, 1990), FEMA/NETC-2 Emergency Management Training Program Home Study Courses (55 FR 37182 September 7, 1990), FEMA/NETC-4 Associate Faculty Tracking System (55 FR 37182 September 7, 1990), Treasury/FLETC. 002 FLETC Trainee Records (66 FR 43955 August 21, 2001), and USSS.009 Training Information System (66 FR 45362 August 28, 2001), into the existing Department of Homeland Security-wide system of records notice titled DHS/ALL-003 Department of Homeland Security General Training Records (71 FR 26767 May 8, 2006). Additionally, the Department of Homeland Security is giving notice that it proposes to add a routine use to the existing Department of Homeland Security-wide system of records notice titled DHS/ALL-003 Department of Homeland Security General Training Records (71 FR 26767 May 8, 2006). The routine use is to providing training records to employers to the extent necessary to obtain information pertinent to the individual's fitness and qualifications for training and to provide training status.

In accordance with the Privacy Act of 1974, the Department of Homeland Security is giving notice that it proposes to retire the following Privacy Act system of records notice Treasury/CS.190 Personnel Case File (66 FR 52984 October 18, 2001) and partially retire sections of USSS.002 Chief Counsel Record System (66 FR 45362 August 28, 2001) relating to equal employment opportunities from its inventory of record systems and rely upon the Government-wide system of records notice issued by the Equal Employment Opportunity Commission, EEOC/ GOVT-1 (67 FR 49338 July 30, 2002), which is written to cover all Federal equal employment opportunity programs.

In accordance with the Privacy Act of 1974, the Department of Homeland Security is giving notice that it proposes to retire the following Privacy Act system of records notice, DOE-33 Personnel Medical Records System (60 FR 33510 June 28, 1995), from its inventory of record systems and rely upon the Government-wide system of records notice issued by the Office of Personnel Management, OPM/GOV-10 Employee Medical File System Records (71 FR 35360 June 19, 2006), which is written to cover all Federal employee medical file records.

The State and Local Training Advisory Committee (SALTAC) will meet on October 16, 2008, on St. Simons Island, GA. The meeting will be open to the public.

Comments are requested on the proposed Base (1 percent annual- chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.

This interim rule lists communities where modification of the Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because of new scientific or technical data. New flood insurance premium rates will be calculated from the modified BFEs for new buildings and their contents.

This notice amends the notice of a major disaster declaration for the State of Louisiana (FEMA-1792-DR), dated September 13, 2008, and related determinations.

This notice amends the notice of a major disaster declaration for the State of New Hampshire (FEMA-1787-DR), dated September 5, 2008, and related determinations.

The Coast Guard proposes to establish a permanent security zone in the vicinity of the Coast Guard Base in San Juan, Puerto Rico. The security zone is needed for national security reasons to protect the public and the Coast Guard base from potential subversive acts. The proposed rule would exclude entry into the security zone by all vessels and personnel without permission of the U.S. Coast Guard Captain of the Port San Juan.

On May 15, 2008, the Department of Homeland Security originally published the SORN and associated proposed rulemaking for the United States Coast Guard Law Enforcement Information Data Base (LEIDB/Pathfinder) (DHS/USCG-062) in the Federal Register. The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of an existing system of records entitled the USCG LEIDB/Pathfinder from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the LEIDB/Pathfinder system from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

On May 15, 2008, the Department of Homeland Security originally published the SORN and associated proposed rulemaking for the Maritime Awareness Global Network (MAGNET) (DHS/USCG-061) in the Federal Register. The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a new system of records entitled the ``United States Coast Guard's Maritime Awareness Global Network (MAGNET)'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the MAGNET system from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

In accordance with the Privacy Act of 1974, the Department of Homeland Security is giving notice that it proposes to consolidate three legacy record systems: Justice/INS-013 INS Computer Linked Application Information Management System (CLAIMS) (67 FR 64132 October 17, 2002), Justice/INS-031 Redesigned Naturalization Application Casework System (RNACS) (67 FR 20996 April 29, 2002), and Justice/INS- 033 I-551 Renewal Program Temporary Sticker Issuance I-90 Manifest System (SIIMS) (66 FR 6673 January 22, 2001) into one Department of Homeland Security/United States Citizenship and Immigration Services system of records notice titled, United States Citizenship and Immigration Services Benefits Information System. Categories of individuals, categories of records, and the routine uses of these legacy system of records notices have been consolidated and updated to better reflect the Department's immigration petition and application information record systems. This system will be included in the Department's inventory of record systems.

The Coast Guard is amending its regulations to allow the discharge of bulk dry cargo residue (DCR) in limited areas of the Great Lakes by self-propelled vessels and by any barge that is part of an integrated tug and barge unit. DCR is the residue of non-toxic and non- hazardous bulk dry cargo like limestone, iron ore, and coal. These regulations also add new recordkeeping and reporting requirements and encourage carriers to adopt voluntary control measures for reducing discharges. Discharges are now prohibited in certain protected and sensitive areas where, previously, they were allowed. The Coast Guard also requests public comments on the need for and feasibility of additional conditions that might be imposed on discharges in the future, such as mandatory use of control measures, or further adjustments to the areas where discharges are allowed or prohibited.

This rule makes non-substantive changes throughout Title 46 of the Code of Federal Regulations. The purpose of this rule is to make conforming amendments and technical corrections to Coast Guard shipping regulations. This rule will have no substantive effect on the regulated public. These changes are provided to coincide with the annual recodification of Title 46 on October 1.

This document provides notice that U.S. Customs and Border Protection (``CBP'') has issued a final determination concerning the country of origin of certain mesh dressing known as Tegaderm\TM\ Ag Mesh Dressing. Based upon the facts presented, CBP has concluded in the final determination that the United States is the country of origin of the Tegaderm\TM\ Ag Mesh Dressing for purposes of U.S. Government procurement.

This notice amends the notice of a major disaster declaration for the State of Alabama (FEMA-1789-DR), dated September 10, 2008, and related determinations.

This notice amends the notice of a major disaster for the State of Texas (FEMA-1791-DR), dated September 13, 2008, and related determinations.

This notice amends the notice of an emergency declaration for the State of California (FEMA-3287-EM), dated June 28, 2008, and related determinations.

Comments are requested on the proposed Base (1 percent annual- chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents, and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.

The Coast Guard is establishing special local regulations during the ``War of 1812 North American Grand Tactical'', a marine event to be held September 21, 2008 on the waters of St. Leonard Creek and Patuxent River, Calvert County, MD. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to temporarily restrict vessel traffic in a portion of St. Leonard Creek and the Patuxent River during the event.

The Coast Guard has established both moving and fixed safety zones around all vessels carrying Liquefied Natural Gas (LNG) cargo in the waters of the Caribbean Sea and Bahia de Ponce, Puerto Rico. This rule is necessary to protect the public by minimizing the chance of collisions of vessels carrying this inherently dangerous and highly volatile material. This rule requires vessel traffic to maintain a safe distance from LNG vessels operating near or moored in Ponce, Puerto Rico.

The Coast Guard proposes to establish moving and fixed security zones around cruise ships entering, departing, mooring or anchoring at the Port of Mayaguez, Puerto Rico. This proposed regulation is necessary to protect cruise ships operating in this port. All vessels, with the exception of servicing pilot boat and assisting tug boats, would be prohibited from entering the security zones without the express permission of the Captain of the Port San Juan or a designated representative.