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

As part of its continuing effort to reduce paperwork and respondent burden, U.S. Customs and Border (CBP) invites the general public and other Federal agencies to comment on an information collection requirement concerning the Screening Requirements for Carriers. This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13; 44 U.S.C. 3506(c)(2)(A)).

The Department of Homeland Security (DHS) invites the general public to comment on a new data collection form for the DHS Science and Technology Directorate's Project 25 (P25) Compliance Assessment Program (CAP): SUPPLIER'S DECLARATION OF COMPLIANCE (SDoC) (DHS Form 10044) and SUMMARY TEST REPORT (DHS Form 10056). The attacks of September 11, 2001, and the destruction of Hurricane Katrina made apparent the need for emergency response radio systems that can interoperate, regardless of which organization manufactured the equipment. In response, and per congressional direction, DHS and the National Institute of Standards and Technology (NIST) developed the P25 CAP to improve the emergency response community's confidence in purchasing land mobile radio (LMR) equipment built to P25 LMR standards. The P25 CAP establishes a process for ensuring that equipment complies with P25 standards and is capable of interoperating across manufacturers. The Department of Homeland Security needs to be able to collect essential information from manufacturers on their products that have met P25 standards as demonstrated through the P25 CAP. Equipment suppliers will provide information to publicly attest to their products' compliance with a specific set of P25 standards. Accompanied by a Summary Test Report that substantiates this declaration, the SDoC constitutes a company's formal, public attestation of compliance with the standards for the equipment. In providing this information, companies will consent making this information public. In turn, the emergency response community will use this information to identify P25- compliant communications systems. The P25 CAP Program Manager will perform a simple administrative review to ensure the documentation is complete and accurate in accordance with the current P25 CAP processes. This notice and request for comments is required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).

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).

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.

The Federal Emergency Management Agency (FEMA) has submitted the following information collection to the Office of Management and Budget (OMB) for review and clearance in accordance with the requirements of the Paperwork Reduction Act of 1995. The submission describes the nature of the information collection, the categories of respondents, the estimated burden (i.e., the time, effort and resources used by respondents to respond) and cost, and includes the actual data collection instruments FEMA will use.

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 New Hampshire (FEMA-1799-DR), dated October 3, 2008, and related determinations.

The Coast Guard seeks applications for membership on the Towing Safety Advisory Committee (TSAC). TSAC advises the Coast Guard on matters relating to shallow-draft inland and coastal waterway navigation and towing safety.

The U.S. Coast Guard seeks applications for membership on the Houston/Galveston Navigation Safety Advisory Committee (HOGANSAC). This committee advises and makes recommendations to the Coast Guard on matters relating to the safe navigation of vessels to and from the Ports of Galveston, Houston, and Texas City, and throughout Galveston Bay, Texas.

The Coast Guard published a document in the Federal Register on October 31, 2008 (73 FR 65156), revising rules relating to standards for marine equipment. That document provided incorrect amendatory instruction for 46 CFR 56.30-10. This document corrects the final regulation by revising the amendatory instruction.

The Coast Guard proposes establishing a temporary safety zone within the Thompson Bay region of the navigable waters of the Colorado River in Lake Havasu, Lake Havasu City, Arizona in support of the Desert Storm Exhibition Run. This temporary safety zone is would provide for the safety of the participants, crew, spectators, participating vessels and other vessels and users of the waterway. Persons and vessels will be prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, or his designated representative.

On October 1, 2008, the Department of Homeland Security (DHS) published a Notice in the Federal Register extending the designation of El Salvador for Temporary Protected Status (TPS) through September 9, 2010. Beneficiaries of TPS for El Salvador are required to re-register and obtain new Employment Authorization Documents (EADs). Since USCIS will not be able to process and re-issue new EADs for all such beneficiaries by the March 9, 2009, expiration date, USCIS has decided to automatically extend the validity of EADs issued to Salvadoran nationals (or aliens having no nationality who last habitually resided in El Salvador) until September 9, 2009. This Notice announces that extension and also explains how TPS beneficiaries and their employers may determine which EADs are automatically extended.

This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date.

U.S. Customs and Border Protection (CBP) of the Department of Homeland Security has submitted the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act: Complaint Management System. This is a new collection of information collection. This document is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register (73 FR 58253) on October 6, 2008, allowing for a 60-day comment period. One public comment was received. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10.

The Department of Homeland Security is amending its regulations to permit aliens in lawful T or U nonimmigrant status to apply for adjustment of status to lawful permanent resident. T nonimmigrant status is available to aliens who are victims of a severe form of trafficking in persons and who are assisting law enforcement in the investigation or prosecution of the acts of trafficking. U nonimmigrant status is available to aliens who are victims of certain crimes and are being helpful to the investigation or prosecution of those crimes. This rule provides that family members of a principal T or U nonimmigrant granted or seeking adjustment of status may also apply for adjustment of status to lawful permanent resident. This rule also provides for adjustment of status or approval of an immigrant petition for certain family members of U applicants who were never admitted to the United States in U nonimmigrant status.

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 as it related specifically to Department of Homeland Security/Directorate of Science & Technology activities, DOE- 35 Personnel Radiation Exposure Records as a Department of Homeland Security system of records notice titled, Personnel Radiation Exposure Records. To the extent the Department of Energy continues to use this SORN, the Department of Homeland Security is not changing the SORN for the Department of Energy. Categories of individuals and categories of records have been reviewed and updated, and the routine uses of this legacy system of records notice have been updated to better reflect the Department of Homeland Security/Directorate of Science & Technology personnel radiation exposure record system. This new system will be included in the Department of Homeland Security'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 systems 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 511 Legal Assistance Case Files System, April 11, 2000, as a Department of Homeland Security system of records notice titled, United States Coast Guard Legal Assistance Case Files. This system will permit the United States Coast Guard to facilitate the provision of legal assistance to eligible clients seeking personal legal assistance. Categories of individuals and categories of records have been reviewed, and the routine uses of this legacy system of records notice have been updated to better reflect the Department of Homeland Security and the United States Coast Guard's legal assistance case files record system. This new system will be included in the Department of Homeland Security's inventory of record systems.

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 Immigration and Customs Enforcement (ICE) External Investigations 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. The exemptions for the legacy system of records notices will continue to be applicable until the final rule for this SORN has been completed.

The Department of Homeland Security is proposing to amend 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 United States Coast Guard Notice of Arrival and Departure System from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

Pursuant to the Privacy Act of 1974, the Department of Homeland Security (DHS), United States Coast Guard (USCG) gives notice that it is establishing a system of records for retaining certain biographical information on all passenger and crew members on board U.S. and foreign vessels bound for or departing from ports or places in the United States. The system of records is for the collection and processing of Notice of Arrival and Departure (NOAD) information pursuant to 33 CFR part 160, subpart C. This information is maintained within the Ship Arrival Notification System (SANS) as well as other USCG systems used for screening and vetting of vessels, vessel crews and passengers. USCG is publishing a system of records notice (SORN) in order to permit the traveling public greater access to individual information and a more comprehensive understanding of how and where information pertaining to them is collected and maintained. Elsewhere in today's Federal Register, DHS has issued a Notice of Proposed Rulemaking to exempt this SORN from certain provisions of the Privacy Act.

In accordance with the Privacy Act of 1974, the Department of Homeland Security is giving notice that it proposes to consolidate one Privacy Act system of records notice, Justice/INS-024 FD-258 Fingerprint Tracking System, July 31, 2000, into the existing U.S. Citizenship and Immigration Services system of records notice titled DHS-USCIS-002 U.S. Citizenship and Immigration Services Background Check Service, January 5, 2007.

This notice amends the notice of a major disaster declaration for the State of Missouri (FEMA-1809-DR), dated November 13, 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 document corrects the table to a proposed rule published in the Federal Register of November 5, 2008. This correction clarifies the table representing the flooding source(s), location of referenced elevation, the effective and modified elevation in feet and the communities affected for Marshall County, Illinois, and Incorporated Areas; specifically, for flooding source ``Sandy Creek Tributary,'' that was previously published.

The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement, 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 Intelligence Records System (IIRS) 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.