Department of Homeland Security 2013 – Federal Register Recent Federal Regulation Documents

The Transportation Security Administration (TSA) announces the establishment of a fee for applicants of the TSA Pre[check]TM Application Program. Members of the public may apply to this TSA program by voluntarily providing biometric and biographic information and paying a fee. TSA will use these fees from applicants to fund selected activities of the TSA Pre[check]TM Application Program, including the cost of conducting the security threat assessment and adjudicating the application. Successful applicants will be eligible to receive expedited screening at participating U.S. airport security checkpoints, including use of a dedicated screening lane and more limited physical screening.

The Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection notice was previously published in the Federal Register on June 13, 2013, at 78 FR 35639, allowing for a 60-day public comment period. USCIS received two comments for this information collection. A discussion of the comments and USCIS' responses are addressed in item 8 of the supporting statement that can be viewed at: https://www.regulations.gov.

The Board of Visitors for the National Fire Academy (Board) will meet on December 17-18, 2013. The meeting will be open to the public.

The Coast Guard will enforce the Mission Bay Parade of Lights special local regulations during this year's parade held on December 14, 2013. This event occurs on Mission Bay in San Diego, CA. These special local regulations are necessary to provide for the safety of the participants, crew, spectators, sponsor vessels of the parade, and general users of the waterway. During the enforcement period, persons and vessels are prohibited from entering into, transiting through, or anchoring within this regulated area unless authorized by the Captain of the Port, or his designated representative.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the S.R. 74 Bridge, across the Atlantic Intracoastal Waterway (AICW), mile 283.1, at Wrightsville Beach, NC. This deviation is necessary to accommodate the 2014 Quintiles Wrightsville Beach Full and Half Marathon. This deviation allows the bridge to remain in the closed position during the race.

The Coast Guard is increasing a portion of an existing San Diego Bay security zone at Naval Base Point Loma to support the construction of a new Naval fuel pier. Concurrent with the construction of the new pier, the Coast Guard is also establishing a new security zone at the Naval Mine and Anti-Submarine Warfare Command to protect the relocated marine mammal program throughout the temporary construction process. The security zone modifications are intended to restrict vessels from portions of the San Diego Bay in order to ensure the safety and security of Naval assets. Both security zones will safeguard Naval assets, such as vessels, property and waterfront facilities from destruction, loss or injury from sabotage or other subversive acts. No persons or vessel may enter or remain in the security zones without permission of the Captain of the Port, the Commander of Naval Base Point Loma, the Commander of the Naval Mine Anti Submarine Warfare Command, and the Commander of Naval Region Southwest, or a designated representative of those individuals.

The Homeland Security Information Network Advisory Council (HSINAC) will meet December 17, 2013 from 1 p.m.-3 p.m. EST virtually through HSIN Connect, an online web-conferencing tool and via teleconference. The meeting will be open to the public.

The Coast Guard is establishing a regulated navigation area (RNA) on the Piscataqua River near Portsmouth, NH. This temporary final rule places speed restrictions on all vessels transiting the navigable waters of 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 dive operations.

The Coast Guard issued a notice in the Federal Register of October 23, 2013, concerning new measures to reduce the risks of oil spills in oil transfer operations from or to a tank vessel. In response to public comments requesting an extension of the original comment period ending on November 22, 2013, the Coast Guard is reopening the comment period for an additional 30 days.

The Coast Guard is proposing to establish a special local regulation on the waters of Lake Dora in Tavares, Florida during the Tavares Winter Thunder Vintage Race Regatta, a series of high-speed boat races. The event is scheduled for January 17 through 19, 2014. Approximately 60 vessels are anticipated to participate in the races. This proposed special local regulation is necessary to ensure the safety of life on navigable waters of the United States during the races. The special local regulation would establish two areas: A race area, where all persons and vessels, except those participating in the races, are prohibited from entering, transiting, anchoring, or remaining; and a buffer zone around the race area, where all persons and vessels, except those enforcing the buffer zone or authorized participants and vessels transiting to the race area, are prohibited from entering, transiting, anchoring, or remaining, unless authorized by the Captain of the Port Jacksonville or a designated representative.

BMD is initiating a project to demonstrate that commercially available conveyance security solutions can be utilized with a common data management system in the following Government operations (described in detail later):

The Coast Guard is establishing temporary safety zones around the following Pacific Northwest Grain Handlers Association facilities: The Columbia Grain facility on the Willamette River in Portland, OR, the United Grain Corporation facility on the Columbia River in Vancouver, WA, the Temco Irving facility on the Willamette River in Portland, OR, the Temco Kalama facility on the Columbia River in Kalama, WA, and the Louis Dreyfus Commodities facility on the Willamette River in Portland, OR. These safety zones extend approximately between the navigable channel and the shoreline of the facility described. These safety zones have been established to ensure that on-water protest activities near these facilities do not create hazardous navigation conditions for vessels protesting, transiting in the navigable channel, or attempting to moor at the facilities and that any on-water activities do not create hazardous conditions while grain- shipment vessels are moored at the facilities.

This document amends U.S. Customs and Border Protection (CBP) regulations to update the list of supervisors authorized to allow their employees to testify in state or local criminal proceedings in response to a demand of a court, administrative agency, or other authority. The applicable regulation was promulgated by the U.S. Customs Service prior to the creation of CBP as part of the Department of Homeland Security (DHS). The changes are necessary to more accurately reflect the current CBP organizational structure. This document also makes non-substantive editorial and nomenclature changes to reflect the transfer of the legacy U.S. Customs Service of the Department of the Treasury to DHS and the creation of U.S. Customs and Border Protection.

The Coast Guard (USCG) announces the availability of the Final Programmatic Environmental Assessment (PEA) for the Nationwide Use of High Frequency (HF) and Ultra High Frequency (UHF) Sound Navigation and Ranging (SONAR) Technology and Finding of No Significant Impact (FONSI). The USCG is proposing the nationwide use of active SONAR technologies that operate at frequencies of 50 kiloHertz (kHz) and greater from fixed and mobile platforms. Active SONAR technology would be used in support of USCG missions to locate, image, and classify submerged/underwater targets of interest (TOI). The PEA is a program- level document that will provide the USCG with management-level analysis of the potential impacts of each alternative on the human and natural environments.

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 Commercial Invoice. This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13; 44 U.S.C. 3507).

In accordance with the Privacy Act of 1974, the Department of Homeland Security proposes to update and reissue a current Department of Homeland Security system of records titled, ``Department of Homeland Security/United States Citizenship and Immigration Services008 Refugee Access Verification Unit System of Records.'' This system of records allows the Department of Homeland Security/U.S. Citizenship and Immigration Services to collect information to verify claimed relationships between anchor relatives in the United States and their overseas family members seeking access to the U.S. Refugee Admissions Program under the Priority 3 Family Reunification Program. Eligible anchor relatives who were admitted to the United States as refugees or granted asylum in the United states may file an Affidavit of Relationship for qualifying overseas family members (spouses, unmarried children under age 21, and/or parents) to seek access to the U.S. Refugee Admission Program for their family members under Priority 3. USCIS is updating this system of records to include: (1) An updated system location; (2) updated categories of records; (3) updated routine uses; (4) a proposed retention schedule; (5) updated data elements used to retrieve records; and (6) updated sources of records. Additionally, this notice includes non-substantive changes to simplify the formatting and text of the previously published notice. This updated system will continue to be included in the Department of Homeland Security's inventory of record systems.

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. Also, information identifying the current participation status of a community can be obtained from FEMA's Community Status Book (CSB). The CSB is available at https:// www.fema.gov/fema/csb.shtm.

The Coast Guard is temporarily modifying the operating schedule that governs the U.S. 101 Umpqua river swing bridge, mile 11.1, at Reedsport, OR. The rule change is necessary to accommodate Oregon Department of Transportation's (ODOT) extensive bridge maintenance and restoration efforts. The bridge is currently scheduled to open on signal if at least two hours notice is given. The ODOT will only open the bridge with a minimum of six hours notice and will limit the openings to twice daily; once in the morning and once in the evening.

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 Customs Declaration. This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13).

The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of an updated and reissued system of records titled, ``Department of Homeland Security U.S. Citizenship and Immigration Services, Immigration and Customs Enforcement, Customs and Border Protection001 Alien File, Index, and National File Tracking System of Records'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

The Department of Homeland Security proposes to amend its regulations under the Student and Exchange Visitor Program to improve management of international student programs and increase opportunities for study by spouses and children of nonimmigrant students. The proposed rule would grant school officials more flexibility in determining the number of designated school officials to nominate for the oversight of campuses. The rule also would provide greater incentive for international students to study in the United States by permitting accompanying spouses and children of academic and vocational nonimmigrant students with F-1 or M-1 nonimmigrant status to enroll in study at an SEVP-certified school so long as any study remains less than a full course of study. F-2 and M-2 spouses and children remain prohibited, however, from engaging in a full course of study unless they apply for, and DHS approves, a change of nonimmigrant status to a nonimmigrant status authorizing such study.

In accordance with the Privacy Act of 1974, the Department of Homeland Security proposes to update and reissue a current Department of Homeland Security system of records notice titled, ``Department of Homeland Security U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection001 Alien File, Index, and National File Tracking System of Records,'' 76 FR 34233 (June 13, 2011). This system of records contains information regarding transactions involving an individual as he/she passes through the U.S. immigration and inspection process, some of which may also be covered by separate systems of records notices. This system of records contains personally identifiable information such as the individual's name, Alien Registration Number, receipt file number, date and place of birth, date and port of entry, as well as the location of each official Alien File. It may also contain other personal identifiers such as an individual's Social Security Number. The Department of Homeland Security is updating the Department of Homeland Security U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection001 Alien File, Index, and National File Tracking System of Records with the following substantive changes: (1) The addition of five routine uses and the modification of eight routine uses to allow the Department of Homeland Security to share information from this system; (2) Updated notification and access procedures; and (3) Language acknowledging the concurrent publication of a Final Rule exempting this system from certain provisions of the Privacy Act, including an exemption for records that are classified. This updated system will be included in the Department of Homeland Security's inventory of record systems.

The Coast Guard proposes to change the operating schedule that governs the Hatchett Creek (US-41) Twin Bridges, Gulf Intracoastal Waterway mile 56.9, Venice, FL. Changing the operational scheduled of the Hatchett Creek (US-41) Twin Bridges will allow the Iron Man Triathlon event to be unimpeded for an eight hour period. This event is anticipated to be scheduled on the second Sunday of November annually from 9 a.m. to 5 p.m.

This notice announces modifications and clarifications pertaining to U.S. Customs and Border Protection's (CBP's) Entry Summary, Accounts and Revenue (ESAR IV) test program concerning the processing of post-summary corrections (PSCs) to entry summaries that are filed in the Automated Commercial Environment (ACE). The modifications to the ESAR IV test program will allow filers greater access to data filed in ACE as it relates to the original entry and any subsequent PSC, limit certain additional data elements from being changed via PSC, and preclude a PSC on any entry that has been protested or where merchandise covered by the original entry has been conditionally released and its right to admission has not been determined. This notice also clarifies bond obligations when a PSC has been filed, CBP's authority to reject a PSC, and the meaning of certain terms as they relate to the ESAR IV test.