Department of Homeland Security December 19, 2008 – Federal Register Recent Federal Regulation Documents
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Rail Transportation Security
The Transportation Security Administration (TSA) extends the December 26, 2008 effective date of one section of the final rule entitled ``Rail Transportation Security,'' published in the Federal Register on November 26, 2008, 73 FR 72131, until April 1, 2009. This extension of the effective date is to afford affected freight railroad carriers, rail hazardous materials shippers, and rail hazardous materials receivers additional time to conduct training and implement procedures to come into compliance with the chain of custody and control requirements of the rule.
Identification of Foreign Countries Whose Nationals Are Eligible to Participate in the H-2B Visa Program
On December 19, 2008, DHS published in the Federal Register a final rule ``Changes to Requirements Affecting H-2B Nonimmigrants,'' which provides that the Secretary of Homeland Security will publish a list of designated countries whose nationals can be the beneficiaries of an approved H-2B petition and are eligible for H-2B visas. This initial list will be composed of countries that are important for the operation of the H-2B program and are cooperative in repatriation of its citizens, subjects, nationals or residents who are subject to a final order of removal from the United States. Publication of such notice is made by the Secretary of Homeland Security, with the concurrence of the Secretary of State. Under the final rule, the Department of Homeland Security (DHS) will only approve petitions for H-2B nonimmigrant status for nationals of countries designated by means of this list or by means of the special procedure allowing petitioners to request approval for particular beneficiaries if the Secretary of Homeland Security determines that it is in the U.S. interest. Pursuant to the final rule, this notice designates those countries the Secretary of Homeland Security, with the concurrence of the Secretary of State, has found to be eligible to participate in the H-2B program.
Privacy Act of 1974; United States Secret Service-003 Non-Criminal Investigation Information System System of Records
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 retire portions of USSS.006 Non-Criminal Investigation Information System (August 28, 2001) into DHS/All 020 Internal Affairs, DHS/All-013 Claims, and DHS/OS-1 Office of Security Files and reissue the remaining portions of this system of records as DHS/USSS-003 Non- Criminal Investigation Information System. Categories of individuals, categories of records, and the routine uses of this legacy system of records notice have been reviewed updated to better reflect the Department of Homeland Security/United States Secret Service003 Non- Criminal Investigation Information System. 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 reissued system will be included in the Department's inventory of record systems.
H-2B Petitioner's Employment-Related or Fee-Related Notification
This Notice announces the manner in which H-2B petitioners must notify U.S. Citizenship and Immigration Services regarding their employment of non-agricultural workers in H-2B nonimmigrant status or job placement fee information. These procedures are necessary to enable petitioners to comply with the notification requirements established by the Department of Homeland Security's regulations governing the H-2B nonimmigrant classification.
United States Visitor and Immigrant Status Indicator Technology Program (“US-VISIT”); Enrollment of Additional Aliens in US-VISIT; Authority To Collect Biometric Data From Additional Travelers and Expansion to the 50 Most Highly Trafficked Land Border Ports of Entry
The Department of Homeland Security (DHS) established the United States Visitor and Immigrant Status Indicator Technology Program (US-VISIT) in 2003 to verify the identities and travel documents of aliens. Aliens subject to US-VISIT may be required to provide fingerscans, photographs, or other biometric identifiers upon arrival at the United States. Currently, aliens arriving at a United States port of entry with a nonimmigrant visa, or those traveling without a visa as part of the Visa Waiver Program, are subject to US-VISIT requirements with certain limited exceptions. This final rule expands the population of aliens who will be subject to US-VISIT requirements to nearly all aliens, including lawful permanent residents. Exceptions include Canadian citizens seeking short-term admission for business or pleasure under B visas and individuals traveling on A and G visas, among others. On August 31, 2004, the Department promulgated an interim final rule that expanded the US-VISIT program to include aliens seeking admission under the Visa Waiver Program and travelers arriving at designated land border ports of entry. This rule also finalizes that interim final rule and addresses public comments received during that rulemaking action.
Changes to Requirements Affecting H-2B Nonimmigrants and Their Employers
This final rule amends Department of Homeland Security (DHS) regulations regarding temporary nonagricultural workers, and their U.S. employers, within the H-2B nonimmigrant classification. The final rule removes certain limitations on H-2B employers and adopts streamlining measures in order to facilitate the lawful employment of foreign temporary nonagricultural workers. The final rule also addresses concerns regarding the integrity of the H-2B program and sets forth several conditions to prevent fraud and protect laborers' rights. The final rule will benefit U.S. businesses by facilitating a timely flow of legal workers while ensuring the integrity of the program. The rule generally removes the requirement for H-2B petitioners to state on petitions the names of prospective H-2B workers who are outside the United States and reduces the existing obligatory waiting period from 6 months to 3 months for an H-2B worker who has reached his or her maximum three-year period of stay in H-2B nonimmigrant status before such person may seek an extension of nonimmigrant stay, change of status, or readmission to the United States in any H or L nonimmigrant status. The rule provides a more flexible definition of ``temporary services or labor,'' which is generally defined as a period of one year but could be for a specific one-time need of up to 3 years. To better ensure the integrity of the H-2B program, this rule eliminates DHS's current practice of adjudicating H-2B petitions where the Secretary of Labor or the Governor of Guam has not granted a temporary labor certification. The rule also prohibits H-2B petitioners from requesting an employment start date on the Form I-129, Petition for a Nonimmigrant Worker, that is different than the date of need listed on the approved temporary labor certification. The final rule requires H-2B petitioners to notify DHS when the H-2B worker fails to report for work, is terminated prior to the completion of the work for which he was hired, or absconds from the worksite. This rule also precludes employers from passing the cost of recruiter fees charged by a petitioner, agent, facilitator, recruiter, or similar employment service to prospective H-2B workers as a condition of an offer of H-2B employment. Under this rule, employers and H-2B workers may agree that certain transportation costs and government-imposed fees be borne by H- 2B workers, if the passing of such costs to these workers is not prohibited under the Fair Labor Standards Act or any other statute. Moreover, the rule enforces the existing penalties at section 214(c)(14) of the Immigration and Nationality Act (INA) in the case of an employer who fails to meet any of the conditions of the H-2B petition, or who willfully misrepresented a material fact in the H-2B petition. Employers who fail to meet the H-2B conditions or who willfully make material misrepresentations on an H-2B petition may, under the statute, be precluded from approval for a period of up to 5 years of any H (except H-1B1), L, O, or P-1 nonimmigrant visa petition, or any immigrant visa petition described in section 204 of the INA, they may file with DHS. This rule also provides that DHS will publish in a notice in the Federal Register a list of countries that the Secretary of Homeland Security has designated, with the concurrence of the Secretary of State, as eligible for its nationals to participate in the H-2B program. Finally, this rule establishes a pilot exit control program for certain H-2B workers, by requiring them to report their departure at designated ports of entry. U.S. Customs and Border Protection (CBP) will publish a notice in the Federal Register describing the procedures and requirements for participation in this pilot program.
Notice of Expansion of Temporary Worker Visa Exit Program Pilot To Include H-2B Temporary Workers
This notice announces that U.S. Customs and Border Protection is expanding a pilot program that implements a land-border exit system for certain temporary workers at certain designated ports of entry. Under the expansion of this pilot program, temporary workers within the H-2A and H-2B nonimmigrant classifications that enter the United States at the ports of San Luis, Arizona or Douglas, Arizona on or after August 1, 2009, must depart from either one of those ports and provide certain biographic and biometric information at one of the kiosks established for this purpose. Any nonimmigrant alien admitted under an H-2A or H-2B nonimmigrant visa at one of the designated ports of entry will be issued a CBP Form I-94, Arrival and Departure Record, and be presented with information material that explains the pilot program requirements.
Privacy Act of 1974: Implementation of Exemptions; DHS/USSS-001 Criminal Investigation Information System
The Department of Homeland Security (DHS) is giving concurrent notice of a revised and updated system of records pursuant to the Privacy Act of 1974 for the DHS/United States Secret Service001 Criminal Investigation Information System system of records 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.
Privacy Act of 1974: Implementation of Exemptions; DHS/USSS-003 Non-Criminal Investigation Information System
The Department of Homeland Security (DHS) is giving concurrent notice of a revised and updated system of records pursuant to the Privacy Act of 1974 for the DHS United States Secret Service003 Non- Criminal Investigation Information System system of records 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.
Privacy Act of 1974: Implementation of Exemptions; DHS/CBP-011 TECS
The Department of Homeland Security (DHS) is giving concurrent notice of a revised and updated system of records pursuant to the Privacy Act of 1974 for the U.S. Customs and Border Protection011 TECS system of records 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.
Privacy Act of 1974: Implementation of Exemptions; DHS/CBP-010 Persons Engaged in International Trade in Customs and Border Protection Licensed/Regulated Activities
The Department of Homeland Security (DHS) is giving concurrent notice of a revised and updated system of records pursuant to the Privacy Act of 1974 for the U.S. Customs and Border Protection Persons Engaged in International Trade in Customs and Border Protection010 Licensed/Regulated Activities system of records 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.
Privacy Act of 1974: Implementation of Exemptions; DHS/CBP-012 Closed Circuit Television System
The Department of Homeland Security (DHS) is giving concurrent notice of a revised and updated system of records pursuant to the Privacy Act of 1974 for the U.S. Customs and Border Protection Closed Circuit Television System system of records 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.
Privacy Act of 1974: Implementation of Exemptions; U.S. Customs and Border Protection-013 Seized Assets and Case Tracking System
The Department of Homeland Security (DHS) is giving concurrent notice of a revised and updated system of records pursuant to the Privacy Act of 1974 for the U.S. Customs and Border Protection013 Seized Assets and Case Tracking System (SEACATS) system of records 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.
Privacy Act of 1974: Implementation of Exemptions, DHS/CBP-014 Regulatory Audit Archive System
The Department of Homeland Security (DHS) is giving concurrent notice of a revised and updated system of records pursuant to the Privacy Act of 1974 for the U.S. Customs and Border Protection Regulatory Audit Archive System (RAAS) system of records 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.
Privacy Act of 1974; United States Coast Guard-020 Substance Abuse Prevention and Treatment Program System of Records
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 the following legacy record system, DOT/CG 638 Alcohol Abuse Prevention Program Record System as a Department of Homeland Security/United States Coast Guard system of records notice titled, DHS/USCG020 Substance Abuse Prevention and Treatment Program. This system of records notice will allow the USCG to collect and maintain the USCG's Substance Abuse Prevention and Treatment Program records. Categories of individuals, categories of records, and the routine uses of this legacy system of records notice have been reviewed and updated to better reflect the Department of Homeland Security/United States Coast Guard's020 Substance Abuse Prevention and Treatment Program record system. This new system will be included in the Department of Homeland Security's inventory of record systems.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, the Department of Homeland Security is giving notice that it will remove two systems of record notices from its inventory of record systems because the Department no longer requires use of these systems, originally transferred to the Department of Homeland Security from the Department of Energy upon creation in January 2003. These two obsolete systems are: DOE-81, Counterintelligence Administrative and Analytical Records and Reports and DOE-84, Counterintelligence Investigative Records (September 1, 1989). Removing these system of records from the Department's inventory will in no way impact the use of these system of records by the Department of Energy.
Privacy Act of 1974; U.S. Customs and Border Protection-014 Regulatory Audit Archive System (RAAS) System of Records
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/ U.S. Customs and Border Protection proposes to update and reissue the following legacy record system, Treasury/CS.206 Regulatory Audits of Customhouse Brokers, October 18, 2001, as a U.S. Customs and Border Protection system of records notice titled, U.S. Customs and Border Protection Regulatory Audits of Customs Brokers. Categories of individuals, categories of records, and the routine uses of this legacy system of records notice have been reviewed and updated to better reflect the Department of Homeland Security/U.S. Customs and Border Protection Regulatory Audit Archive System (RAAS). Additionally, the Department of Homeland Security is issuing a notice of proposed rulemaking concurrent with this system of records notice in the Federal Register. The exemptions for the legacy system of records notices will continue to be applicable until the final rule for this system of records notice is completed. This reissued system will be included in the Department of Homeland Security's inventory of record systems.
Privacy Act of 1974; United States Coast Guard-027 Recruiting Files System of Records
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 the following legacy record systems DOT/CG 627 Enlisted Recruiting Selection Record System and DOT/ CG 628 Officer, Enlisted, and Recruiter Selection System File. These legacy records systems will be consolidated into a new Department of Homeland Security system of records notice titled Department of Homeland Security/United States Coast Guard027 Recruiting Files. Categories of individuals, categories of records, and the routine uses of these legacy system of records notices have been updated to better reflect the Department of Homeland Security and the United States Coast Guard's recruiting record system. Additionally, the exemptions for this legacy system of records notice transfer from the SORN's legacy agency to the Department of Homeland Security. This new system will be included in the Department of Homeland Security's inventory of record systems.
Privacy Act of 1974; United States Coast Guard-021 Appointment of Trustee or Guardian for Mentally Incompetent Personnel Files System of Records
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 the following legacy record system DOT/CG 637 Appointment of Trustee or Guardian for Mentally Incompetent Personnel (April 11, 2000) as a Department of Homeland Security system of records notice titled, DHS/USCG021 Appointment of Trustee or Guardian for Mentally Incompetent Personnel. Categories of individuals, categories of records, and the routine uses of this legacy system of records notice have been reviewed and updated to better reflect the Department of Homeland Security, United States Coast Guard's Appointment of Trustee or Guardian for Mentally Incompetent Personnel record system. This new system will be included in the Department of Homeland Security's inventory of record systems.
Privacy Act of 1974: Implementation of Exemptions; DHS/CBP-009 Nonimmigrant Inspection System
The Department of Homeland Security is amending its regulations to exempt portions of a system of records from certain provisions of the Privacy Act. Specifically, the Department proposes to exempt portions of the Nonimmigrant Inspection System from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Privacy Act of 1974: Implementation of Exemptions; DHS/USCG-028 Family Advocacy Program
The Department of Homeland Security (DHS) is giving concurrent notice of a revised and updated system of records pursuant to the Privacy Act of 1974 for the Department of Homeland Security to administer the DHS/USCG-028 Family Advocacy Program system of records 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.
Privacy Act of 1974: Implementation of Exemptions; DHS/USSS-004 Protection Information System
The Department of Homeland Security (DHS) is giving concurrent notice of a revised and updated system of records pursuant to the Privacy Act of 1974 for the United States Secret Service Protection Information System system of records 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.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, the Department of Homeland Security is giving notice that it will remove four systems of records notices from its inventory of record systems because Customs and Border Protection no longer requires the systems. The four obsolete systems are: Treasury/CS.197 Private Aircraft/Vessel Inspection Reporting System (October 18, 2001), Treasury/CS.252 Valuables Shipped Under the Government Losses in Shipment Act (October 18, 2001), Treasury/CS.171 Pacific Basin Reporting Network (October 18, 2001), and Treasury/CS.050 Community Leader Survey (October 18, 2001).
Privacy Act of 1974: Implementation of Exemptions; U.S. Customs and Border Protection-015 Automated Commercial System
The Department of Homeland Security is amending its regulations to exempt portions of a system of records from certain provisions of the Privacy Act. Specifically, the Department proposes to exempt portions of the CBP Automated Commercial System (ACS) from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Privacy Act of 1974; U.S. Customs and Border Protection-012 Closed Circuit Television System System of Records
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 the following legacy record system, Treasury/CS.226 Television System, October 18, 2001, as a U.S. Customs and Border Protection system of records notice titled, U.S. Customs and Border Protection012 Closed Circuit Television System. Categories of individuals, categories of records, and the routine uses of this legacy system of records notice have been reviewed and updated to better reflect the U.S. Customs and Border Protection012 Closed Circuit Television System record system. Additionally, elsewhere in today's Federal Register, a notice of proposed rulemaking is being issued which will exempt this system of records from certain aspects of the Privacy Act. This reissued system will be included in the Department of Homeland Security's inventory of record systems.
Privacy Act of 1974; United States Citizenship and Immigration Services-008 Refugee Access Verification Unit System of Records.
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 the following legacy record system, Justice/INS-006 Refugee Access Verification Unit Records, December 26, 2002, as a Department of Homeland Security U.S. Citizenship and Immigration Services system of records titled, U.S. Citizenship and Immigration Services Refugee Access Verification Unit System of Records. The identification of potential refugees and the initial processing of potential refugees is performed by the Department of State, outside of the United States, and information associated with this process is captured in the Department of States' Worldwide Refugee Processing System. Although the Department of Homeland Security U.S. Citizenship and Immigration Services has limited access to the system, it does not belong to Department of Homeland Security U.S. Citizenship and Immigration Services. There are four categories of fact patterns under which an individual can become eligible for resettlement in the United States as a refugee. The Department of Homeland Security U.S. Citizenship and Immigration Services has a separate system that contains information related to only one of these categories, which is when a family member in the United States files an Affidavit of Relationship. Information related to the other three categories is initially captured in the Department of States' Worldwide Refugee Processing System and then in the Department of Homeland Security U.S. Citizenship and Immigration Services' DHS-USCIS-001 A-File system (72 FR 1755 January 16, 2007) after the individual comes to the United States. In addition, information related to individuals for whom Affidavits of Relationships have been filed may also be captured in Department of Homeland Security U.S. Citizenship and Immigration Services' DHS-USCIS-007 Benefits Information System (73 FR 56596, September 29, 2008) as the applicant seeks to adjust his or her status. Categories of individuals, categories of records and routine uses and purpose of this legacy system of records notice have been updated to better reflect the United States Citizenship and Immigration Services' Refugee Access Verification Unit records. Additionally, authorities for maintenance of the system, retention and disposal, and system manager have been updated to reflect the systems current operations. This updated system of records notice will be included in the Department of Homeland Security's inventory of record systems.
Privacy Act of 1974; Federal Emergency Management Agency-007 National Flood Insurance Program Marketing Files System of Records
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 into a Department of Homeland Security system of records notice titled, Federal Emergency Management Agency National Flood Insurance Program Marketing Files: FEMA/FIMA-4 National Flood Insurance Program Marketing Records and Related Files (January 23, 2002), FEMA/FIMA-5 National Flood Insurance Program Telephone Response Center (TRC) Consumer and Policyholder Records and Related Documents Files (January 23, 2002), and FEMA/MIT-7 Flood Map Customer Records (June 8, 2001). This system will allow the Department of Homeland Security to market the Department of Homeland Security Federal Emergency Management Agency006 National Flood Insurance Program. 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 National Flood Insurance Program marketing record systems. This system will be included in the Department's inventory of record systems.
Privacy Act of 1974; United States Coast Guard-019 Non-Federal Invoice Processing System of Records
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 the following legacy record system DOT/CG 576 Non-Federal Invoice Processing System (April 11, 2000) as a Department of Homeland Security system of records notice titled, United States Coast Guard-019 Non-Federal Invoice Processing System. Non-Federal Invoice Processing System is a program that facilitates processing of active duty member and dependent dental claims. Categories of individuals, categories of records, and the routine uses of this legacy system of records notice have been reviewed and updated to better reflect the Department of Homeland Security and the United States Coast Guard's-019 Non-Federal Invoice Processing System record system. This new system will be included in the Department of Homeland Security's inventory of record systems.
Privacy Act of 1974; United States Coast Guard-016 Adjudication and Settlement of Claims System of Records
In accordance with the Privacy Act of 1974, the Department of Homeland Security is giving notice that it proposes to issue DHS/USCG- 016 Adjudication and Settlement of Claims System system of records notice. This system of record was covered previously by the DOT/CG 526 Adjudication and Settlement of Claims System, but was inadvertently retired in the Federal Register on October 7, 2008. Categories of individuals, categories of records, and the routine uses of this legacy system of records notice have been reviewed and updated to better reflect the United States Coast Guard's adjudication and settlement of claims record system. This new system will be included in the Department of Homeland Security's inventory of record systems.
Privacy Act of 1974; Federal Emergency Management Agency-006 Citizen Corps Database System of Records
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 the following legacy record system FEMA/VOL-1 Citizen Corps Database (April 29, 2002) as a Department of Homeland Security system of records notice titled, Federal Emergency Management Agency006 Citizen Corps Database. Categories of individuals, categories of records, and the routine uses of this legacy system of records notice have been reviewed and updated to better reflect the Department of Homeland Security's Federal Emergency Management Agency Citizen Corps Database. The Citizen Corps, through its internet site at https://www.citizencorps.gov, allows individuals to indicate their interest in specific voluntary programs. Information concerning those desired activities is then disseminated by DHS/FEMA to the appropriate organization for further processing or response. The Citizen Corps coordinates efforts among several organizations, including the Community Emergency Response Teams (CERT), the Fire Corps, the Office of the Civilian Volunteer Medical Reserve Corps (MRC), the National Neighborhood Watch Program, the Volunteers in Police Service (VIPS), the Operation Terrorism Information and Prevention System (TIPS), the Corporation for National and Community Service (CNCS), and the Citizen Corps Council. In addition, these entities may express an interest in sharing their respective contact and similar information with other participants in these programs. This new system will be included in the Department of Homeland Security's inventory of record systems.
Privacy Act of 1974; United States Coast Guard-028 Family Advocacy Case Records System of Records
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 the following United States Coast Guard legacy record system DOT/CG 631 Family Advocacy Case Records System (April 11, 2000) as a Department of Homeland Security system of records notice titled Family Advocacy United States Coast Guard Case Records. This system will allow the Department of Homeland Security to administer the United States Coast Guard Family Advocacy Program. Categories of individuals, categories of records, and the routine uses of this legacy system of records notice have been reviewed updated to better reflect the Department of Homeland Security/United States Coast Guard's028 Family Advocacy Case Records system of records. Elsewhere in today's Federal Register, the Department is publishing a notice of proposed rulemaking to exempt this system of records from certain portions of the Privacy Act. This new system will be included in the Department of Homeland Security's inventory of record systems.
Privacy Act of 1974; U.S. Customs and Border Protection-011 TECS System of Records Notice
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 is publishing a revised system of records notice for the system formerly known as the Treasury/CS.244, Treasury Enforcement Communication System, October 18, 2001, as a Department of Homeland Security system of records notice titled, DHS/CBP-011 TECS. Additionally, the Department is giving notice that it plans to consolidate into this newly revised system of records the following legacy system of records: Treasury/CS.272 Currency Declaration File, October 18, 2001; Treasury/ CS.224 Suspect Persons Index, October 18, 2001; Justice/INS-032 National Automated Immigration Lookout System (NAILS), October 17, 2002; and Treasury/CS.262 Warnings to Importers in Lieu of Penalty, October 18, 2001. Categories of individuals, categories of records, and the routine uses of this legacy system of records notice have been reviewed and updated to better reflect the Department of Homeland Security DHS/CBP-011 TECS, which is no longer an acronym. TECS is an updated and modified version of the former Treasury Enforcement Communications System, which is principally owned and managed by U.S. Customs and Border Protection and is its principal law enforcement and anti-terrorism data base system. TECS is established as an overarching law enforcement information collection, analysis, and sharing environment that securely links telecommunications devices and personal computers to a central system and database. This environment is comprised of several modules designed to collect, maintain, and screen data as well as conduct analysis, screening, and information sharing. TECS databases contain temporary and permanent enforcement, inspection and intelligence records relevant to the anti-terrorism and law enforcement mission of U.S. Customs and Border Protection and numerous other federal agencies that it supports. TECS also maintains limited information on those individuals who have been granted access to the system. Access is granted to those agencies which share a common need for data maintained in the system. TECS also allows direct access to other major law enforcement systems, including the Department of Justice's National Crime Information Center (NCIC), the National Law Enforcement Telecommunications Systems (NLETS), and the Canadian Police Information Centre (CPIC). In an effort to provide even more detailed information and transparency to the public, U.S. Customs and Border Protection has separately published System of Records Notices for the applicable subsets of data connected to TECS, including the DHS/CBP-006 Automated Targeting System (ATS) August 6, 2007, DHS/CBP-007 Border Crossing Information (BCI) July 25, 2008, DHS/CBP-005 Advanced Passenger Information System (APIS) last published November 18, 2008 and DHS/CBP- 009 Non-Immigrant Information System (NIIS) being published concurrently with this SORN elsewhere in the Federal Register today. Additionally, the Department 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 issued. This system will be included in the Department of Homeland Security's inventory of record systems.
Privacy Act of 1974; United States Coast Guard-006 Great Lakes Registered Pilot and Applicant Pilot Eligibility System of Records
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 the following legacy record system DOT/CG 592 Registered/Applicant Pilot Eligibility Folder (April 11, 2000), as Department of Homeland Security system of records notice titled, United States Coast Guard006 Great Lakes Registered Pilot and Applicant Pilot Eligibility Records. Categories of individuals, categories of records, and the routine uses of this legacy system of records notice have been updated to better reflect the United States Coast Guard's Great Lakes Registered Pilot's and Applicant Pilot's files. This system will be included in the Department's inventory of record systems.
Privacy Act of 1974; United States Coast Guard-011 Military Personnel Health Records System of Records
In accordance with the Privacy Act of 1974 and as part of the Department of Homeland Security Privacy Office's ongoing effort to review and update legacy system of record notices, the Department of Homeland Security is giving notice that it proposes to update and reissue the following legacy record system DOT/CG 572 Military Personnel Health Record System (April 11, 2000) as a Department of Homeland Security system of records notice titled, United States Coast Guard Military011 Personnel Health Record System Files. This system will be used by the United States Coast Guard to collect and maintain records of normal duty rotations, suitability of members for overseas assignments, develop automated information relating to medical readiness in wartime and contingence operations, determine eligibility for disability, and to maintain health care records. Categories of individuals, categories of records, and the routine uses of this legacy system of records notice have been reviewed and updated to better reflect the Department of Homeland Security/United States Coast Guard's military personnel health record system. This new system will be included in the Department of Homeland Security's inventory of record systems.
Privacy Act of 1974; United States Coast Guard-012 Request for Remission of Indebtedness System of Records
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 the following legacy record system DOT/CG 639 Request for Remission of Indebtedness as a Department of Homeland Security system of records notice titled, United States Coast Guard Request012 for Remission of Indebtedness. Categories of individuals, categories of records, and the routine uses of this legacy system of records notice have been reviewed and updated to better reflect the Department of Homeland Security and the United States Coast Guard's Request for Remission of Indebtedness record system. This new system will be included in the Department of Homeland Security's inventory of record systems.
Privacy Act of 1974; United States Coast Guard-010 Physical Disability Evaluation System Files System of Records
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 the following legacy record system, DOT/CG 571 Physical Disability Separation System as a Department of Homeland Security system of records notice titled, Department of Homeland Security United States Coast Guard010 Physical Disability Evaluation System. Categories of individuals, categories of records, and the routine uses of this legacy system of records notice have been reviewed and updated to better reflect the Department of Homeland Security United States Coast Guard's physical disability evaluation record system. This new system will be included in the Department of Homeland Security's inventory of record systems.
Privacy Act of 1974; U.S. Customs and Border Protection-013 Seized Assets and Case Tracking System
In accordance with the Privacy Act of 1974, the Department of Homeland Security is giving notice that it proposes to consolidate twelve legacy record systems into a U.S. Customs and Border Protection system of records notice titled, U.S. Customs and Border Protection Seizures and Violators (SEACATS): Treasury/CS.021 Arrest/Seizure/Search Report and Notice of Penalty File, October 18, 2001, Treasury/CS.096 Fines, Penalties, and Forfeiture Control and Information Retrieval System, October 18, 2001, Treasury/CS.098 Fines, Penalties, and Forfeitures Records, October 18, 2001, Treasury/CS.099 Fines, Penalties, and Forfeiture Files (Supplementary Petitions), October 18, 2001, Treasury/CS.100 Fines, Penalties, and Forfeiture Records, October 18, 2001, Treasury/CS.125 Intelligence Log, October 18, 2001, Treasury/ CS.136 All Liquidated Damage, Penalty, and Seizure Cases; Prior Violators, October 18, 2001, Treasury/CS.156 Narcotic Violator File, October 18, 2001, Treasury/CS.209 Resumes of Professional Artists, October 18, 2001, Treasury/CS.213 Seized Asset and Case Tracking System, October 18, 2001, Treasury/CS.215 Seizure Report File, October 18, 2001, Treasury/CS.227 Temporary Importation Under Bond (TIB) Defaulter Control System, October 18, 2001, and Treasury/CS.258 Violator's Case Files, October 18, 2001. 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 U.S. Customs and Border Protection seizures and violators record systems. DHS is issuing a Notice of Proposed Rulemaking 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 system will be included in the Department's inventory of record systems.
Privacy Act of 1974; U.S. Customs and Border Protection-015 Automated Commercial System, System of Records
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 the following legacy record system, Treasury/CS.278 Automated Commercial System (October 18, 2001) as a Department of Homeland Security system of records notice titled, U.S. Customs and Border Protection Automated Commercial System. The Customs and Border Protection Automated Commercial System is a comprehensive system used by Department of Homeland Security, U.S. Customs and Border Protection to track, control, and process all commercial goods imported into the United States. This legacy system will now also collect additional data via its Automated Broker Interface and Vessel Automated Manifest System. Categories of individuals, categories of records, and the routine uses of this legacy system of records notice have been reviewed and updated to better reflect the U.S. Customs and Border Protection 015 Automated Commercial System record system. This reissued system will be included in the Department of Homeland Security's inventory of record systems.
Privacy Act of 1974; United States Coast Guard-017 Federal Medical Care Recovery Act System of Records
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 the following legacy record system DOT/CG 577 Federal Medical Care Recovery Act Record System (April 11, 2000) as a Department of Homeland Security system of records notice titled United States Coast Guard Federal Medical Care Recovery Act. This system will allow the Department of Homeland Security/United States Coast Guard to collect and maintain Federal Medical Care Recovery Act claims. Categories of individuals, categories of records, and the routine uses of this legacy system of records notice have been reviewed and updated to better reflect the Department of Homeland Security/United States Coast Guard's Federal Medical Care Recovery Act record system. This new system will be included in the Department of Homeland Security's inventory of record systems.
Privacy Act of 1974; U.S. Customs and Border Protection-010 Persons Engaged in International Trade in Customs and Border Protection Licensed/Regulated Activities System of Records
In accordance with the Privacy Act of 1974, the Department of Homeland Security is giving notice that it proposes to consolidate eight legacy record systems into a U.S. Customs and Border Protection system of records notice titled, U.S. Customs and Border Protection Persons Engaged in International Trade in Customs and Border Protection Licensed/Regulated Activities: Treasury/CS.040 Carrier File, October 18, 2001; Treasury/CS.041 Cartmen or Lightermen, October 18, 2001; Treasury/CS.057 Container Station Operator Files, October 18, 2001; Treasury/CS.069 Customs Brokers File, October 18, 2001; Treasury/CS.137 List of Vessel Agents Employees, October 18, 2001; Treasury/CS.260 Warehouse Proprietor Files, October 18, 2001; Treasury/CS.271 Cargo Security Record System, October 18, 2001; and Treasury/CS.274 Importers, Brokers, Carriers, Individuals and Sureties Master Files, October 18, 2001. Categories of individuals, categories of records, and the routine uses have been consolidated and updated to better reflect the U.S. Customs and Border Protection record systems that collect and maintain information on persons engaged in international trade in Customs and Border Protection licensed/regulated activities. The Department of Homeland Security is issuing a Notice of Proposed Rulemaking concurrent with this SORN in the Federal Register. The exemptions for the legacy system of records notices will continue to be applicable until the final rule for this system of records notice is completed. This system will be included in the Department's inventory of record systems.
Privacy Act of 1974; Federal Emergency Management Agency-005 Temporary and Permanent Relocation and Personal and Real Property Acquisitions and Relocation Files System of Records
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 the following legacy record system: FEMA/State and Local Programs and Support (SLPS)-6 Temporary and Permanent Relocation and Personal and Real Property Acquisitions and Relocation Files (September 7, 1990) as a Department of Homeland Security system of records notice titled, Department of Homeland Security Federal Emergency Management Agency005 Temporary and Permanent Relocation and Personal and Real Property Acquisitions and Relocation Files. Categories of individuals, categories of records, and the routine uses of this legacy system of records notice have been reviewed updated to better reflect the Department of Homeland Security's Federal Emergency Management Agency005 Temporary and Permanent Relocation and Personal and Real Property Acquisitions and Relocation Files. This new system will be included in the Department of Homeland Security's inventory of record systems.
Privacy Act of 1974; Federal Emergency Management Agency-003 National Flood Insurance Program Files System of Records
In accordance with the Privacy Act of 1974, the Department of Homeland Security is giving notice that it proposes to consolidate five legacy record systems and a new program into a Department of Homeland Security system of records notice titled, Department of Homeland Security Federal Emergency Management Agency003 National Flood Insurance Program Files: FEMA/FIMA-2 National Flood Insurance Direct Servicing Agent Application and Related Documents Files (January 23, 2002); FEMA/FIMA-3 National Flood Insurance Bureau and Statistical Agent (BSA) Data Elements and Related Files (January 23, 2002); FEMA/ FIMA-6 National Flood Insurance Special Direct Facility Repetitive Loss Target Group Records and Related Files (January 23, 2002); FEMA/FIMA-7 National Flood Insurance Community Rating System and Related Documents Files (January 23, 2002); and FEMA/FIA-2 National Flood Insurance Application and Related Documents Files (January 23, 2002), and the newly created National Flood Insurance Program Modernization, Business Process Improvement, and Systems Engineering Management Systems. This system will enable the Department of Homeland Security to administer the Federal Emergency Management Agency National Flood Insurance Program. 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's Federal Emergency Management Agency National Flood Insurance Program record systems. This system will be included in the Department's inventory of record systems.
Privacy Act of 1974; United States Coast Guard-014 Military Pay and Personnel System of Records
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 giving notice that it proposes to add a system of records to its inventory of record systems titled United States Coast Guard Military Pay and Personnel. This system is a compilation of nine legacy record systems: DOT/CG 534 Travel and Transportation of Household Effects (April 11, 2000); DOT/CG 537 FHA Mortgage Insurance for Servicemen in lieu of VHA Mortgage Insurance for Servicemen; DOT/CG 573 United States Public Health Services, Commissioned Officer Corps Staffing and Recruitment Files (April 11, 2000); DOT/CG 622 Military Training and Education Records (April 11, 2000); DOT/CG 623 Military Pay and Personnel System (April 11, 2000); DOT/CG 625 Officer Selection and Appointment System (April 11, 2000); DOT/CG 626 Official Officer Service Records (April 11, 2000); DOT/CG 629 Enlisted Personnel Record System (April 11, 2000); DOT/CG 630 Coast Guard Family Housing (April 11, 2000); and DOT/CG 640 Outside Employment of Active Duty Coast Guard Personnel (April 11, 2000). This record system will allow the Department of Homeland Security/United States Coast Guard to collect and maintain records regarding military pay and personnel. Categories of individuals, categories of records, and routine uses of these legacy system of records notices have been consolidated and updated to better reflect the United States Coast Guard's military service personnel record systems. This new system will be included in the Department of Homeland Security's inventory of record systems.
Privacy Act of 1974; U.S. Customs and Border Protection-009 Nonimmigrant Information System
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 the following legacy record system, Justice/INS-036 Nonimmigrant Information System, January 31, 2003, as a Department of Homeland Security system of records notice titled, U.S. Customs and Border Protection Nonimmigrant Information System. Categories of individuals, categories of records, and the routine uses of this legacy system of records notice have been reviewed updated to better reflect the Department of Homeland Security U.S. Customs and Border Protection Nonimmigrant Information System. Concurrent with this System of Records Notice, DHS is issuing a notice of proposed rulemaking to exempt this system for certain aspects of the Privacy Act. This reissued system will be included in the Department of Homeland Security's inventory of record systems.
Privacy Act of 1974; System of Records Notice
In accordance with the Privacy Act of 1974, the Department of Homeland Security is giving notice that it will remove one system of records from its inventory of record systems because the United States Secret Service is consolidating system of records notices. The obsolete system of records notice is USSS.004 Financial Management Information System (August 28, 2001).
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, the Department of Homeland Security is giving notice that it will remove one system of records notice from its inventory of record systems because the United States Secret Service no longer requires the system. The obsolete system is Treasury/IRS 46.016 Secret Service Details, Criminal Investigation Division (66 FR 63783 December 10, 2001).
Privacy Act of 1974; United States Coast Guard-018 Exchange System and Morale Well-Being and Recreation System Files System of Records
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 the following legacy record system DOT/CG 535 Coast Guard Exchange System (CGES) and Morale, Welfare and Recreation (MWR) System (April 11, 2000) as a Department of Homeland Security/United States Coast Guard system of records notice titled, Coast Guard Exchange System (CGES) and Morale, Well-being and Recreation (MWR) Program. Categories of individuals, categories of records, and the routine uses of this legacy system of records notice have been reviewed and updated to better reflect the Department of Homeland Security and the United States Coast Guard's Coast Guard Exchange System (CGES) and Morale, Well-being and Recreation (MWR) Program record system. This new system will be included in the Department of Homeland Security's inventory of record systems.
Privacy Act of 1974; United States Secret Service-004 Protection Information System System of Records
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 USSS.007 Protection Information System. Categories of individuals, categories of records, and the routine uses of this legacy system of records notice have been reviewed updated to better reflect the Department of Homeland Security United States Secret Service Criminal Investigation Information Record system. 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.
Privacy Act of 1974; United States Secret Service-001 Criminal Investigation Information System of Records Notice
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 USSS.003 Criminal Investigation Information System, August 28, 2001 as DHS/USSS001 Criminal Investigation Information System of Records. Categories of individuals, categories of records, and the routine uses of this legacy system of records notice have been reviewed and updated to better reflect the Department of Homeland Security United States Secret Service criminal investigation information record system. Additionally, an updated Notice of Proposed Rulemaking will be published elsewhere in the Federal Register. Until such time, the exemptions for the legacy system of records notice transfer from the SORN's legacy agency to the Department of Homeland Security. This reissued system will be included in the Department's inventory of record systems.
Quarterly Listings; Anchorages, Safety Zones, Security Zones, Special Local Regulations, Regulated Navigation Areas, and Drawbridge Operation Regulations; Correction
The Coast Guard published a document in the Federal Register of October 14, 2008, concerning expired temporary rules. The document contained an incorrect contact telephone number, an incorrect table entry, and an omission.
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