Department of Homeland Security January 16, 2009 – Federal Register Recent Federal Regulation Documents
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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
This document contains corrections to the final rule which was published in the Federal Register on December 19, 2008. 73 FR 77473. The pertinent regulations relate to the collection of biometric identifiers during the inspection of aliens at United States ports of entry.
Establishing U.S. Ports of Entry in the Commonwealth of the Northern Mariana Islands (CNMI) and Implementing the Guam-CNMI Visa Waiver Program
Section 702 of the Consolidated Natural Resources Act of 2008 (CNRA) extends the immigration laws of the United States to the Commonwealth of the Northern Mariana Islands (CNMI) and provides for a visa waiver program for travel to Guam and the CNMI. This rule implements section 702 of the CNRA by amending U.S. Customs and Border Protection (CBP) regulations to replace the current Guam Visa Waiver Program with a new Guam-CNMI Visa Waiver Program. Accordingly, this interim final rule sets forth the requirements for nonimmigrant visitors who seek admission for business or pleasure and solely for entry into and stay on Guam or the CNMI without a visa for a period of authorized stay of no longer than forty-five days. In addition, this rule establishes six ports of entry in the CNMI in order to administer and enforce the Guam-CNMI Visa Waiver Program and to allow for immigration inspections in the CNMI, including arrival and departure controls, under the Immigration and Nationality Act (INA).
Privacy Act of 1974: Department of Homeland Security-024 Facility and Perimeter Access Control and Visitor Management.
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 Security024 Facility and Perimeter Access Control and Visitor Management 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 one system of records notice from its inventory of record systems because Citizenship and Immigration Services, Customs and Border Protection, and Immigration and Customs Enforcement no longer requires the system. The obsolete system is Justice/INS-001 the Immigration and Naturalization Service Index System.
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 Immigration and Customs Enforcement no longer requires the system. The obsolete system is: Treasury/CS.186 Personnel Search System.
Privacy Act of 1974; Department of Homeland Security-024 Facility and Perimeter Access Control and Visitor Management 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 consolidate into a new Department of Homeland Security system of records notice titled, DHS/All024 Facility and Perimeter Access Control and Visitor Management System of Records: Treasury/ CS.081 Dock Passes, October 18, 2001, Justice/INS-014 Security Access Control System, January 22, 2001, and to partially consolidate DHS/OS- 001 Office of Security File System, September 12, 2006, and FEMA/SEC-1 Security Support System, September 7, 1990. Categories of individuals, categories of records, and the routine uses of this legacy system have been reviewed and updated to better reflect the Department's facility and perimeter access control and visitor management record system. Additionally, the Department of Homeland Security is issuing a Notice of Proposed Rulemaking concurrent with this system of records elsewhere in the Federal Register. The activities performed by the Department's Facility and Perimeter Access Control and Visitor Management systems often overlap with other security-related activities. Accordingly, data within each of the categories of individuals, categories of records, and routine uses may have similarities with other security-related systems of records, but each system is distinct based on its purpose. Further, this system of records is separate from DHS-OS-2006-047 Personal Identify Verification Management System which supports the administration of the HSPD-12 program that directs the use of a common identification credential for both logical and physical access to federally controlled facilities and information systems while enhancing security, increasing efficiency, identifying and reducing fraud, and protecting personally identifiable information. Records within this system apply only to perimeters and facilities where access is controlled by the Department of Homeland Security. This system of records does not apply to (1) facilities where the Department's components or offices have a presence but where the General Services Administration has an established contract for security services or (2) facilities where Immigration and Custom Enforcement's Federal Protective Service provides oversight on the contract. Exclusion is made to perimeters and facilities secured by the United States Secret Service pursuant to 18 U.S.C. 3056 and 3056A and are not included under this system of records. This consolidated system will be included in the DHS inventory of record systems.
Privacy Act of 1974: Department of Homeland Security-025 Law Enforcement Authority in Support of the Protection of Property Owned or Occupied by the Department of Homeland Security
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 Law Enforcement Authority in Support of the Protection of Property Owned or Occupied by the Department of Homeland Security 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: Department of Homeland Security-023 Personnel Security Management
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 Security023 Personnel Security Management 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; Department of Homeland Security-023 Personnel Security Management 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 system of records notices, the Department of Homeland Security proposes to consolidate into a new Department of Homeland Security system of records notice titled, Personnel Security Management System of Records: Treasury/CS.270 Background-Record File of Non-Customs Employees, Treasury/CS.284 Personnel Verification System, and DOT/CG 611 Investigative Case System, and partially consolidate DHS/OS-001 Office of Security File System and FEMA/SEC-1 Security Support System. Categories of individuals, categories of records, and the routine uses of these legacy systems have been reviewed and updated to better reflect the Department's personnel security management record system. Additionally, the Department of Homeland Security is issuing a Notice of Proposed Rulemaking concurrent with this system of records elsewhere in the Federal Register. The activities performed by the Department's Personnel Security program often overlap with other security-related activities such as access control and investigatory records. Accordingly, data within each of the categories of individuals, categories of records, and routine uses may have similarities with other security-related systems of records, but each system is distinct based on its purpose. This consolidated system will be included in the Department of Homeland Security's inventory of record systems.
Privacy Act of 1974; Department of Homeland Security-025 Law Enforcement Authority in Support of the Protection of Property Owned or Occupied by the Department of Homeland Security
In accordance with the Privacy Act of 1974, the Department of Homeland Security proposes to partially consolidate DHS-OS-001 Office of Security File System, (September 12, 2006), into a new Department- wide record system titled, Law Enforcement Authority in Support of the Protection of Property Owned or Occupied by the Department of Homeland Security System of Records. Categories of individuals, categories of records, and the routine uses of this legacy system have been reviewed and updated to better reflect the Department's law enforcement records associated with the protection of property owned or occupied by the Department of Homeland Security. Additionally, the Department of Homeland Security is issuing a Notice of Proposed Rulemaking concurrent with this system of records elsewhere in the Federal Register. The activities performed by the Department in the protection of property owned or occupied by Department of Homeland Security often overlaps with other security-related activities. Accordingly, data within the categories of individuals, categories of records, and routine uses may have similarities with other security-related systems of records, but each system is distinct based on its purpose. Exclusion is made to perimeters and facilities secured by the United States Secret Service pursuant to 18 U.S.C. 3056 and 3056A and are not included under this system of records. This consolidated system will be included in the Department of Homeland Security's inventory of record systems.
Science and Technology Directorate; Record of Decision for the National Bio and Agro-Defense Facility Environmental Impact Statement
The U.S. Department of Homeland Security (DHS), Science and Technology Directorate is issuing this ROD on the proposed siting, construction, and operation of the National Bio and Agro-Defense Facility (NBAF) (the Proposed Action). This ROD is based on the information and analysis in the NBAF Final Environmental Impact Statement (NBAF Final EIS) including public comments, and consideration of other appropriate factors such as national policy, site evaluation criteria, threat and risk assessment, costs, security, and other programmatic requirements. The Notice of Availability for the NBAF Final EIS was published in the Federal Register (73 FR 75665-75667) on December 12, 2008. DHS has decided to implement the Preferred Alternative identified in Section 2.6 of the NBAF Final EIS. Implementation of this alternative would result in construction of the NBAF at the Manhattan Campus Site in Manhattan, Kansas, and initiation of the transition of mission activities and resources from the Plum Island Animal Disease Center (PIADC), located on Plum Island, New York, to the Manhattan Campus Site. DHS appreciates the significant cost, time, and effort that each consortium expended during this comprehensive decision process, and DHS thanks the consortia for their support of the homeland security mission. The comprehensive and well thought out proposals from states around the Nation and their consortia reflected the impressive capabilities of their communities. Each consortium and host state demonstrated a strong desire to make the Nation safer for animal agriculture through advanced research on foreign animal and zoonotic and emerging diseases.
Establishment of a Genealogy Program; Correcting Amendment
With this amendment, the Department of Homeland Security (DHS) corrects an inadvertent error in the amendatory language from the Establishment of a Genealogy Program Final Rule published in the Federal Register on May 15, 2008.
Changes to Requirements Affecting H-2B Nonimmigrants and Their Employers; Correction
With this amendment, the Department of Homeland Security (DHS) corrects an inadvertent error that was made to the Final Rule titled ``Changes to Requirements Affecting H-2B Nonimmigrants and Their Employers'' that was published in the Federal Register on December 19, 2008, at 73 FR 78104.
Documents Acceptable for Employment Eligibility Verification; Correction
With this amendment, the Department of Homeland Security (DHS) corrects two inadvertent errors that were made in the Employment Eligibility Verification interim rule published in the Federal Register on December 17, 2008, at 73 FR 76505.
Import Restrictions Imposed on Certain Archaeological Material from China
This final rule amends the U.S. Customs and Border Protection (CBP) regulations to reflect the imposition of import restrictions on certain archaeological material from the People's Republic of China (China). These restrictions are being imposed pursuant to an agreement between the United States and China that has been entered into under the authority of the Convention on Cultural Property Implementation Act in accordance with the United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. The final rule amends CBP regulations by adding China to the list of countries for which a bilateral agreement has been entered into for imposing cultural property import restrictions. The final rule also contains the designated list that describes the types of archaeological articles to which the restrictions apply.
Maritime Identification Credentials
This document informs the public that, after their Captain of the Port (COTP) has implemented access control procedures using the Transportation Worker Identification Credential (TWIC), the COTP no longer needs to enforce the previously published notice requiring name- based vetting of certain port workers.
Notification of the Imposition of Conditions of Entry for Certain Vessels Arriving to the United States; Venezuela
The Coast Guard announces that it will impose conditions of entry on vessels arriving from the country of Venezuela.
DHS Data Privacy and Integrity Advisory Committee
The DHS Data Privacy and Integrity Advisory Committee will meet by teleconference on February 3, 2009.
Pollution Prevention Equipment
The Coast Guard is amending its oil pollution prevention equipment regulations to make them consistent with new International Maritime Organization (IMO) guidelines and specifications issued under the International Convention for the Prevention of Pollution from Ships (MARPOL) Annex I. These revisions will implement MARPOL Annex I regulations and are intended to reduce the amount of oil discharged from vessels and eliminate the use of ozone-depleting solvents in equipment tests. This interim rule will require all vessels replacing or installing oil separators and bilge alarms to install equipment that meets revised standards and it will require newly constructed vessels carrying oil in bulk to install monitoring systems that meet the revised standards. We have delayed the implementation of three paragraphs involving vessels constructed and equipment installed on or after January 1, 2005. We seek comments on these three paragraphs and will consider those comments before issuing a final rule.
Prohibitions and Conditions for Importation of Burmese and Non-Burmese Covered Articles of Jadeite, Rubies, and Articles of Jewelry Containing Jadeite or Rubies
This document amends the U.S. Customs and Border Protection (CBP) regulations in title 19 of the Code of Federal Regulations (19 CFR) in order to implement the provisions of the Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008 (Pub. L. 110-286) (the ``JADE Act'') and Presidential Proclamation 8294 of September 26, 2008, which includes new Additional U.S. Note 4 to Chapter 71 of the Harmonized Tariff Schedule of the United States (``HTSUS''). These amendments are made to implement certain provisions of the JADE Act and the Presidential Proclamation by prohibiting the importation of ``Burmese covered articles'' (jadeite, rubies, and articles of jewelry containing jadeite or rubies, mined or extracted from Burma), and by setting forth conditions for the importation of ``non-Burmese covered articles'' (jadeite, rubies, and articles of jewelry containing jadeite or rubies, mined or extracted from a country other than Burma).
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