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

The Department of Homeland Security (DHS) is giving concurrent notice of a new system of records pursuant to the Privacy Act of 1974 for the U.S. Immigration and Customs Enforcement Trade Transparency Analysis and Research (TTAR) system and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records 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 and as part of the Department of Homeland Security's ongoing effort to review and update legacy system of record notices, the Department of Homeland Security proposes to update and reissue one legacy record system: Justice/INS- 019 INS Employment Assistance Program Treatment Referral Records. This system will allow the Department of Homeland Security to collect and maintain records on the Department's Employee Assistance Program. Categories of individuals, categories of records, and the routine uses of this legacy system of records notice has been reviewed and updated to better reflect the Department's Employee Assistance Program record systems. This reclassified system, titled Employee Assistance Program Records, will be included in the Department's inventory of record systems.

In accordance with the Privacy Act of 1974, and as part of the Department of Homeland Security's ongoing effort to review and update legacy system of records notices, the Department of Homeland Security is giving notice that it proposes to update and reissue DOT/CG 636 Personal Affairs Record System Coast Guard Military Personnel. This system will allow the United States Coast Guard to administer the United States Coast Guard Employee Assistance Program for military personnel. Categories of individuals, categories of records, and the routine uses of this legacy system of records notice has been updated to better reflect the United States Coast Guard's Employee Assistance Program record systems. This new system titled United States Coast Guard Employee Assistance Program, will be included in the Department's inventory of record systems.

In accordance with the Privacy Act of 1974, and as part of the Department of Homeland Security ongoing effort to review and update legacy system of record notices the Department of Homeland Security is giving notice that it proposes to consolidate two legacy record systems: DOT/CG 507 Coast Guard Supplement to the Manual of Courts Martial Investigations and DOT/CG 510 Records of Trial: Special, General and Summary Courts Martial into a Department of Homeland Security system of records notice titled, United States Coast Guard Courts Martial Case Files. This system will be used by the United States Coast Guard to collect and maintain records on military and civilian employees of the United States Coast Guard who are tried by, or involved with, court martial in the United States Coast Guard. 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 of Homeland Security/United States Coast Guard's courts martial record systems. Concurrent with this publication, the Department of Homeland Security is publishing a notice of proposed rulemaking to exempt this system from certain aspects of the Privacy Act. This system will be included in the Department's inventory of record systems.

The Coast Guard amends its rules relating to standards for marine equipment and updates the incorporation in those rules of references to national and international safety standards. This rule is part of an ongoing effort for regulatory review and reform that increases the focus on results, decreases the focus on process, and expands compliance options for the regulated 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 notice amends the notice of a major disaster declaration for the State of Indiana (FEMA-1795-DR), dated September 23, 2008, and related determinations.

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

This is a notice of the Presidential declaration of a major disaster for the Commonwealth of Kentucky (FEMA-1802-DR), dated October 9, 2008, and related determinations.

This notice amends the notice of a major disaster declaration for the State of Illinois (FEMA-1800-DR), dated October 3, 2008, and related determinations.

This notice amends the notice of a major disaster declaration for the State of Mississippi (FEMA-1794-DR), dated September 22, 2008, and related determinations.

This document re-opens the period within which comments may be submitted in response to the proposed rule to amend the Customs and Border Protection (``CBP'') regulations to establish uniform rules governing CBP determinations of the country of origin of imported merchandise. The proposed rule was published in the Federal Register on July 25, 2008 (73 FR 43385) with comments due on or before September 23, 2008. The comment period was extended by a notice published in the Federal Register on September 8, 2008 (73 FR 51962), to October 23, 2008. This notice re-opens the comment period to afford interested parties an opportunity to consider the impact, if any, of the proposed rule on the country of origin of their goods in view of the publication of a final rule document in today's Federal Register which sets forth technical corrections to Sec. Sec. 102.20 and 102.21 of the CBP regulations (19 CFR 102.20 and 102.21).

This document informs owners and operators of facilities located within Captain of the Port Zones Buffalo, Duluth, Detroit, Lake Michigan, and Sault Ste. Marie that the date by which they must implement access control procedures utilizing TWIC has been extended to no later than December 1, 2008. This extension is due to a building- wide loss of power that occurred on October 21, 2008, at the government facility that houses the TWIC system, which affected the system's ability to activate TWICs.

This Advance Notice of Proposed Rulemaking (ANPRM) seeks comment on a recent amendment to the Homeland Security Act entitled the Secure Handling of Ammonium Nitrate. The amendment requires the Department of Homeland Security (DHS or Department) 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.''

This document announces the expansion of the Importer Self- Assessment Program (ISA) to include the Importer Self-Assessment- Product Safety Pilot (ISA-PS). The ISA-PS is a partnership that will be created among CBP, the Consumer Product Safety Commission (CPSC), and importers which will strive to maintain a high level of product safety compliance, and to achieve the goals of the Interagency Working Group on Import Safety by working collaboratively to prevent unsafe imports. The ISA-PS is a voluntary approach to product safety compliance, which will provide recognition and support to participating companies. Application to the ISA-PS is open to all importers who are participants in the ISA. CBP and CPSC staff will designate a limited number of importers from the initial applicants and determine their eligibility for participation in the pilot program. This document contains information on the application process, the benefits, and continued participation requirements.

In accordance with the Privacy Act of 1974 and as part of the Department of Homeland Security's ongoing effort to review and update legacy system of record notices, the Department of Homeland Security proposes to consolidate nine legacy record systems: DOT/CG 508 Claims and Litigation, Treasury/CS.045 Claims Act File, Treasury/CS.046 Claims Case File, Treasury/CS.144 Mail Protest File, Treasury/CS.148 Military Personnel and Civilian Employees' Claims Act File, Treasury/CS.232 Tort Claims Act File, Treasury/CS.234 Tort Claims Act File, Treasury/CS.268 Military Personnel and Civilian Employees' Claim Act File, and FEMA/GC- 1 Claims (litigation) into one Department of Homeland Security-wide system of records. The Department of Homeland Security also proposes to partially consolidate one legacy record system: Treasury/USSS.001 Administrative Information System, August 28, 2001, into this Department-wide system of records. This system will allow the Department of Homeland Security to respond to, and process, claims submitted to, or by, the Department of Homeland Security, including requests for waivers of claims. 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 claims record systems. Additionally, DHS is issuing a Notice of Proposed Rulemaking (NPRM) concurrent with this SORN elsewhere in the Federal Register. The exemptions for the legacy system of records notices will continue to be applicable until the final rule for this SORN has been completed. This consolidated system, titled Claims Records, will be included in the Department's inventory of record systems.

The Intelligence Reform and Terrorism Prevention Act 2004 (IRTPA) requires the Department of Homeland Security (DHS) to assume from aircraft operators the function of conducting pre-flight comparisons of airline passenger information to Federal government watch lists for domestic flights and international flights to, from, and overflying the United States. The Transportation Security Administration (TSA) is issuing this final rule to implement that congressional mandate. This final rule allows TSA to begin implementation of the Secure Flight program, under which TSA will receive passenger and certain non- traveler information, conduct watch list matching against the No Fly and Selectee portions of the Federal government's consolidated terrorist watch list, and transmit a boarding pass printing result back to aircraft operators. TSA will do so in a consistent and accurate manner while minimizing false matches and protecting personally identifiable information. On August 23, 2007, U.S. Customs and Border Protection (CBP) published a final rule to implement pre-departure advance passenger and crew manifest requirements for international flights and voyages departing from or arriving in the United States using CBP's Advance Passenger Information System (APIS). These rules are related. After the compliance date of this Secure Flight final rule, aircraft operators will submit passenger information to DHS through a single DHS portal for both the Secure Flight and APIS programs. This will allow DHS to integrate the watch list matching component of APIS into Secure Flight, resulting in one DHS system responsible for watch list matching for aviation passengers.

The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Beach Channel Railroad Bridge at mile 6.7, across Jamaica Bay, at New York City, New York. Under this temporary deviation the Beach Channel Railroad Bridge may remain in the closed position for three weekends in November. This deviation is necessary to facilitate bridge track repairs.

The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Witt Penn Bridge across the Hackensack River, mile 3.1, at Jersey City, New Jersey. Under this temporary deviation the bridge may remain in the closed position for one day to facilitate bridge maintenance. Vessels that can pass under the draw without a bridge opening may do so at all times.

In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit Information Collection Requests (ICRs) and Analyses to the Office of Management and Budget (OMB) requesting an extension of their approval for the following collections of information: (1) 1625-0079, Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1995 and 1997 Amendments to the International Convention; and (2) 1625-0088, Voyage Planning for Tank Barge Transits in the Northeast United States. Before submitting these ICRs to OMB, the Coast Guard is inviting comments as described below.

Base (1% annual chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

The Chemical Transportation Advisory Committee (CTAC), its Subcommittees on Outreach, National Fire Protection Association (NFPA) 472 Standard, Hazardous Cargo Transportation Security (HCTS), and International Maritime Solid Bulk Cargoes (IMSBC) Code; as well as its Working Groups on Barge Emission and Hazard Communication and the International Convention for the Prevention of Pollution from Ships (MARPOL) Annex; will meet to discuss various issues relating to the marine transportation of hazardous materials in bulk. These meetings will be open to the public.

This document informs owners and operators of facilities located within Captain of the Port Zones Guam, Houston-Galveston, Los Angeles-Long Beach, and San Juan that they must implement access control procedures utilizing TWIC no later than April 14, 2009.

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.

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.