Department of Homeland Security October 2009 – Federal Register Recent Federal Regulation Documents
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Great Lakes Pilotage Rates-2010 Annual Review and Adjustment
The Coast Guard proposes to update the rates for pilotage on the Great Lakes by 5.07% to generate sufficient revenue to cover allowable expenses, target pilot compensation, and return on investment. The proposed update reflects an August 1, 2010 increase in benchmark contractual wages and benefits and an adjustment for inflation. This rulemaking promotes the Coast Guard strategic goal of maritime safety.
Technical Amendment; Federal Emergency Management Agency's Claims Appeals
By this final rule, the Federal Emergency Management Agency
Suspension of Community Eligibility for Failure To Enforce
FEMA is suspending one community because of its failure to enforce its floodplain management regulations under the National Flood Insurance Program (NFIP). If documentation is received from the community before the effective suspension date, indicating it has brought its floodplain management program into compliance with the NFIP requirements, FEMA will withdraw the suspension by publication in the Federal Register on a subsequent date.
Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands
The Department of Homeland Security (DHS) and the Department of Justice (DOJ) are implementing conforming amendments to their respective regulations to comply with the Consolidated Natural Resources Act of 2008 (CNRA). The CNRA extends the immigration laws of the United States to the Commonwealth of the Northern Mariana Islands (CNMI). This rule amends the regulations governing: asylum and credible fear of persecution determinations; references to the geographical ``United States'' and its territories and possessions; alien classifications authorized for employment; documentation acceptable for Employment Eligibility Verification; employment of unauthorized aliens; and adjustment of status of immediate relatives admitted under the Guam-CNMI Visa Waiver Program. Additionally, this rule makes a technical change to correct a citation error in the regulations governing the Visa Waiver Program and the regulations governing asylum and withholding of removal. The purpose of this rule is to ensure that the regulations apply to persons and entities arriving in or physically present in the CNMI to the extent authorized by the CNRA.
Privacy Act of 1974; Department of Homeland Security Office of Inspector General-002 Investigative Records System of Records
In accordance with the Privacy Act of 1974 the Department of Homeland Security proposes to revise a system of records titled, Department of Homeland Security Office of Inspector General002 Investigative Records System of Records, previously titled, Department of Homeland Security Office of Inspector General002 Investigations Data Management System of Records. As a result of the biennial review of this system and changes to the application software, the Department of Homeland Security is proposing changes to the system name, system classification, categories of individuals and records in the system, authorities for maintenance of the system, routine uses, as well as storage, safeguards, retention and disposal, and notification procedures. There will be no change to the Privacy Act exemptions currently in place for this system of records, however, the Department is issuing a Notice of Proposed Rulemaking concurrent with this system of records elsewhere in the Federal Register to reflect the system name change. This revised system will be included in the Department of Homeland Security's inventory of record systems.
Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security Office of Inspector General-002 Investigative Records System of Records
The Department of Homeland Security is giving concurrent notice of an updated and reissued system of records pursuant to the Privacy Act of 1974 for the Department of Homeland Security Office of Inspector General002 Investigative Records System of Records and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of this 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/ALL-001 Freedom of Information Act and Privacy Act Records System of Records
In accordance with the Privacy Act of 1974 the Department of Homeland Security proposes to update and reissue a Department of Homeland Security system of records notice titled, Department of Homeland Security/ALL001 Freedom of Information Act and Privacy Act Records System of Records. The updated system of records consists of information that is created and used by the Department's Freedom of Information Act and Privacy Act staff to process requests as well as to manage the Freedom of Information Act and Privacy Act programs. As a result of the biennial review of this system, the Privacy Office has: Updated the system classification to include unclassified information; updated the categories of individuals and records to include individuals who are the subjects of requests, Department of Justice and other government litigators and/or DHS personnel assigned to handle such requests or appeals; revised the routine uses to conform with the needs of the Freedom of Information Act and Privacy Act program; and updated the Privacy Act exemptions for this system of records to include the addition of 5 U.S.C. 552a(k)(3) and (k)(6) of the Privacy Act. A Notice of Proposed Rulemaking is published elsewhere in the Federal Register further exempting these records from 5 U.S.C. 552a(k)(3) and (k)(6) of the Privacy Act. The initial Privacy Act exemptions published with this system of records (December 6, 2004), will remain in place until this rule is finalized with the addition of 5 U.S.C. 552a(k)(3) and (k)(6). This updated system will be included in the Department of Homeland Security's inventory of record systems.
Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/ALL-001 Freedom of Information Act and Privacy Act Records System of Records
The Department of Homeland Security is giving concurrent notice of an updated and reissued system of records pursuant to the Privacy Act of 1974 for the Department of Homeland Security/ALL-001 Freedom of Information Act and Privacy Act Records 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; Consolidation of Department of Homeland Security Office of Inspector General System of Records
In accordance with the Privacy Act of 1974 the Department of Homeland Security is giving notice that it proposes to consolidate the Privacy Act system of records notice titled, Department of Homeland Security Office of Inspector001 General Audit Training Tracking System of Records into the existing Department of Homeland Security- wide system of records notice titled, Department of Homeland Security/ ALL003 General Training Records System of Records.
Proposed Flood Elevation Determinations
Comments are requested on the proposed Base (1% 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.
Changes in Flood Elevation Determinations
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.
American Samoa; Amendment No. 2 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the Territory of American Samoa (FEMA-1859-DR), dated September 29, 2009, and related determinations.
Changes in Flood Elevation Determinations
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.
Suspension of Community Eligibility
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.
Commonwealth of the Northern Mariana Islands Transitional Worker Classification
The Department of Homeland Security (DHS) is creating a new, temporary, Commonwealth of the Northern Mariana Islands (CNMI)-only transitional worker classification (CW classification) in accordance with title VII of the Consolidated Natural Resources Act of 2008 (CNRA). The transitional worker program is intended to provide for an orderly transition from the CNMI permit system to the U.S. federal immigration system under the Immigration and Nationality Act (INA or Act). A CW transitional worker is an alien worker who is ineligible for another classification under the INA and who performs services or labor for an employer in the CNMI. The CNRA imposes a five-year transition period before the INA requirements become fully applicable in the CNMI. The new CW classification will be in effect for the duration of that transition period, unless extended by the Secretary of Labor. The rule also establishes employment authorization incident to CW status.
Notice of Availability of Proposed Guidance for Protecting Responders' Health During the First Week Following a Wide-Area Anthrax Attack
The Department of Homeland Security (DHS) is accepting comments on ``Proposed Guidance for Protecting Responders' Health During the First Week Following a Wide-Area Anthrax Attack.''
Intent To Request Renewal From OMB of One Current Public Collection of Information: National Explosives Detection Canine Team Program (NEDCTP) Handler Training Assessment Survey (Formerly Named: Graduate Training Feedback Form)
The Transportation Security Administration (TSA) invites public comment on one currently approved Information Collection Request (ICR), OMB control number 1652-0041, abstracted below, that we will submit to the Office of Management and Budget (OMB) for renewal in compliance with the Paperwork Reduction Act. The ICR describes the nature of the information collection and its expected burden. The collection involves the electronic submission of numerical ratings and written comments about the quality of training instruction from students who graduate from the NEDCTP Explosives Detection Canine Handlers Course.
Intent To Request Renewal From OMB of One Current Public Collection of Information: Flight Training for Aliens and Other Designated Individuals; Security Awareness Training for Flight School Employees
The Transportation Security Administration (TSA) invites public comment on an existing information collection requirement abstracted below that will be submitted to the Office of Management and Budget (OMB) for renewal in compliance with the Paperwork Reduction Act. The collection involves conducting background checks for all aliens and other designated individuals seeking flight instruction (``candidates'') from Federal Aviation Administration (FAA)-certificated flight training providers. Through the information collected, TSA will determine whether a candidate is a threat to aviation or national security, and thus prohibited from receiving flight training or recurrent training. Additionally, flight training providers are required to conduct a security awareness program for their employees, and to maintain records associated with this training.
Safety Zone; Perdido Regional Host Outer Continental Shelf Platform, Gulf of Mexico
The Coast Guard is establishing a safety zone around the Perdido Regional Host (PRH), a high-production, manned oil and natural gas platform. The platform needs to be protected from vessels operating outside the normal shipping channels and fairways. Placing a safety zone around the platform will significantly reduce the threat of allisions, oil spills, and releases of natural gas, and thereby protect the safety of life, property, and the environment.
Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters
The Coast Guard is issuing a correction to an earlier notice that published in the Federal Register on Thursday, October 22, 2009, in order to correct the location of the Oakland, CA, public meeting listed in that earlier notice. The public meetings will be held by the Coast Guard (USCG) regarding the Notice of Proposed Rulemaking (NPRM) entitled ``Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters'' that published in the Federal Register on Friday, August 28, 2009. For the Oakland, CA meeting, our earlier notice incorrectly listed the Marriott Oakland City Center, 1001 Broadway, Oakland, CA 94607. The correct location for the Oakland public meeting is the Hilton Oakland Airport, One Hegenberger Road, Oakland, CA 94621.
Intent To Request Renewal From OMB of One Current Public Collection of Information: Transportation Security Officer (TSO) Medical Questionnaire
The Transportation Security Administration (TSA) invites public comment on one currently approved Information Collection Request (ICR), OMB control number 1652-0032, abstracted below, that we will submit to the Office of Management and Budget (OMB) for renewal in compliance with the Paperwork Reduction Act. The ICR describes the nature of the information collection and its expected burden. The collection involves using a questionnaire to collect medical information from candidates for the job of Transportation Security Officer (TSO) to ensure their qualifications to perform TSO duties pursuant to sec. 111 of the Aviation and Transportation Security Act (ATSA).
Agency Information Collection Activities: Submission for OMB Review; Comment Request, OMB No. 1660-0085
The Federal Emergency Management Agency (FEMA) has submitted the information collection abstracted below to the Office of Management and Budget 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.
Drawbridge Operation Regulations; Upper Mississippi River, Clinton, IA
The Commander, Eighth Coast Guard District has issued a temporary deviation from the regulation governing the operations of the Clinton Railroad Drawbridge across the Upper Mississippi River, Mile 518.0, Clinton, Iowa. The deviation is necessary to allow time for performing needed maintenance and repairs to the bridge. This deviation allows the bridge to open on signal if at least 24 hours' advance notice is given from 12:01 a.m., December 15, 2009 until 9 a.m., March 15, 2010.
Agency Information Collection Activities: Passenger List/Crew List (Form I-418)
As part of its continuing effort to reduce paperwork and respondent burden, CBP invites the general public and other Federal agencies to comment on an information collection requirement concerning the Passenger List/Crew List (Form I-418). This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13; 44 U.S.C. 3505(c)(2)).
Agency Information Collection Activities: Aircraft/Vessel Report (Form I-92)
As part of its continuing effort to reduce paperwork and respondent burden, CBP invites the general public and other Federal agencies to comment on an information collection requirement concerning the Aircraft/Vessel Report (Form I-92). This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13; 44 U.S.C. 3505(c)(2)).
Notice of Proposed Information Collection
The U.S. Department of Homeland Security, Office of the Chief Information Officer, invites comments on the proposed information collection request as required by the Paperwork Reduction Act of 1995. Currently, the U.S. Secret Service, within the U.S. Department of Homeland Security, is soliciting comments concerning the SSF 3237, Contractor Personnel Access Application Form.
Agency Information Collection Activities: Submission for OMB Review; Comment Request; 1660-0095
The Federal Emergency Management Agency (FEMA) has submitted the information collection abstracted below to the Office of Management and Budget 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 the actual data collection instruments FEMA will use.
Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters
This notice provides the times and locations of two public meetings which will be held by the Coast Guard (USCG) regarding the Notice of Proposed Rulemaking (NPRM) entitled ``Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters'' that published in the Federal Register on Friday, August 28, 2009.
Safety Zone; Waters Surrounding M/V Guilio Verne and Barge Hagar for the Transbay Cable Laying Project, San Francisco Bay, CA
The Coast Guard is establishing a temporary moving safety zone in the navigable waters of San Francisco Bay surrounding the Motor Vessel (M/V) Guilio Verne and barge Hagar while engaged in cable laying operations. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission of the Captain of the Port or his designated representative. This safety zone is necessary to protect persons and property from hazards associated with the cable laying operations.
Georgia; Amendment No. 7 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Georgia (FEMA-1858-DR), dated September 24, 2009, and related determinations.
Agency Information Collection Activities: Submission for OMB Review; Comment Request
The Federal Emergency Management Agency (FEMA) has submitted the information collection abstracted below to the Office of Management and Budget 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 the actual data collection instruments FEMA will use.
Agency Information Collection Activities: Submission for OMB Review; Comment Request, OMB No. 1660-0099
The Federal Emergency Management Agency (FEMA) has submitted the information collection abstracted below to the Office of Management and Budget 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 the actual data collection instruments FEMA will use.
President's National Security Telecommunications Advisory Committee
The President's National Security Telecommunications Advisory Committee (NSTAC) will be meeting by teleconference; the meeting will be partially closed to the public.
Technical Amendment to List of User Fee Airports: Termination of User Fee Status of Santa Maria Public Airport, Santa Maria, CA
This document amends the Customs and Border Protection (CBP) Regulations by revising the list of user fee airports to reflect the withdrawal of the user fee airport designation for Santa Maria Public Airport, Santa Maria, California. User fee airports are those airports which, while not qualifying for designation as international or landing rights airports, have been approved by the Commissioner of CBP to receive, for a fee, the services of CBP officers for the processing of aircraft entering the United States, and the passengers and cargo of those aircraft.
Technical Amendments to List of User Fee Airports: Removal of User Fee Status for Roswell Industrial Air Center, Roswell, NM and March Inland Port Airport, Riverside, CA and Name Change for Capital City Airport, Lansing, MI
This document amends the Customs and Border Protection (CBP) Regulations by revising the list of user fee airports to reflect the removal of the user fee designations for the Roswell Industrial Air Center in Roswell, New Mexico and the March Inland Port Airport in Riverside, California, as well as indicating that the Capital City Airport in Lansing, Michigan has changed its name to the Capital Region International Airport. User fee airports are those airports which, while not qualifying for designation as international or landing rights airports, have been approved by the Commissioner of CBP to receive, for a fee, the services of CBP officers for the processing of aircraft entering the United States, and the passengers and cargo of those aircraft.
Regulated Navigation Area; Portsmouth Naval Shipyard, Portsmouth, NH
The Coast Guard is establishing a regulated navigation area on the Piscataqua River near Portsmouth, NH. This temporary final rule places speed restrictions on all vessels transiting the navigable waters on the Piscataqua River, Portsmouth, NH near the Portsmouth Naval Shipyard between Henderson Point Light on Seavey Island and Badgers Island Buoy 14. This rule is necessary to provide for the safety of life on the navigable waters during ongoing ship construction.
Use of Sampling Methods and Offsetting of Overpayments and Over-Declarations in CBP Audit Procedures; Sampling Under Prior Disclosure
This document proposes to amend the Customs and Border Protection (CBP) regulations to provide further guidance for the use of sampling methods in CBP audits and prior disclosure cases. It also provides guidance for the offsetting of overpayments and over- declarations when an audit involves a calculation of lost revenue or monetary penalties under 19 U.S.C. 1592. The proposed amendment also includes the deletion of a superfluous term from the audit procedures regulations.
Foreign Repairs to American Vessels
This document amends the Customs and Border Protection (CBP) regulations in title 19 of the Code of Federal Regulations (19 CFR) to update provisions relating to the declaration, entry, and dutiable status of repair expenditures made abroad for certain vessels. The principal changes set forth in this document involve: conforming the regulations to statutory changes that provide an exemption from vessel repair duties for the cost of certain equipment, repair parts, and materials; and adding a provision to advise that certain free trade agreements between the United States and other countries may limit the duties due on vessel repair expenditures made in foreign countries that are parties to those agreements.
Notice of Meeting of the Advisory Committee on Commercial Operations of Customs and Border Protection (COAC)
The Advisory Committee on Commercial Operations of U.S. Customs and Border Protection (COAC) will meet on November 4, 2009 in Washington, DC. The meeting will be open to the public.
Safety Zone; Catholic Church Procession; San Diego Bay, San Diego, CA
The Coast Guard is establishing a safety zone upon the navigable waters of San Diego Bay in support of the Catholic Church Procession Fireworks Display. This safety zone is necessary to provide for the safety of the participants, crew, spectators, participating vessels, and other vessels and users of the waterway. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port or his designated representative.
Drawbridge Operation Regulation; Blackwater River, Milton, FL
The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the CSX Transportation Railroad swing bridge across the Blackwater River, mile 2.80, at Milton, Florida. The deviation is necessary to replace the center pivot bearing of the swing span and will allow the bridge to remain closed to navigation for two consecutive days.
Voluntary Private Sector Accreditation and Certification Preparedness Program
The Department of Homeland Security (DHS) announces its intent to select standards for adoption in the Voluntary Private Sector Accreditation and Certification Preparedness Program (``PS-Prep''). This notice (1) finalizes the criteria to be used in selecting standards for the PS-Prep Program; (2) discusses the prospective adoption of the three identified standards, including (a) the approach for collaboration with the Critical Infrastructure and Key Resources (CIKR) sectors and (b) considerations for small business in the adoption of the three identified standards; and (3) poses specific questions for which comment is sought. Although DHS intends to select only the three identified preparedness standards at this time, DHS may select additional standards in the future.
American Samoa; Amendment No. 1 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the Territory of American Samoa (FEMA-1859-DR), dated September 29, 2009, and related determinations.
Suspension of Community Eligibility
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.
Kansas; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the State of Kansas (FEMA-1860-DR), dated September 30, 2009, and related determinations.
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