Department of Homeland Security October 20, 2016 – Federal Register Recent Federal Regulation Documents

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Berkley (U.S. 460/S.R. 337) Bridge across the Elizabeth River, mile 0.4, at Norfolk, VA. The deviation is necessary to facilitate testing of the emergency drive motors. This deviation allows the bridge to remain in the closed-to-navigation position.

The Coast Guard is establishing a safety zone during the 2016 Fautasi Ocean Challenge canoe race in Pago Pago Harbor, American Samoa, on November 11 and 25, 2016. This action is necessary to safeguard the participants and spectators, including all crews, vessels, and persons on the water in Pago Pago Harbor during the event. This regulation will functionally close the port to vessel traffic during the race, but will not require the evacuation of any vessels from the harbor. Entry into, transiting, or anchoring in the harbor would be prohibited to all vessels not registered with the sponsor as participants or not part of the race patrol, unless specifically authorized by the Captain of the Port (COTP) Honolulu or a designated representative. Vessels who are already moored or anchored in the harbor seeking permission to remain there shall request permission from COTP unless deemed a spectator vessel that is moored to a waterfront facility within the safety zone.

This rule amends the Department of Homeland Security's regulations to establish the Electronic Visa Update System (``EVUS''). This system will allow for the collection of biographic and other information from nonimmigrant aliens who hold a passport issued by an identified country containing a U.S. nonimmigrant visa of a designated category. Nonimmigrant aliens subject to these regulations must periodically enroll in EVUS and obtain a notification of compliance with EVUS prior to travel to the United States. Individuals subject to the EVUS regulations must comply with EVUS in order to maintain the validity of their visas falling within a designated category. The Department of State is publishing a parallel rule to amend its visa regulations to reflect the new EVUS requirements.

In accordance with the Privacy Act of 1974, the Department of Homeland Security proposes to establish a new Department of Homeland Security system of records titled, ``Department of Homeland Security (DHS)/U.S. Customs and Border Protection (CBP)-023 Border Patrol Enforcement Records (BPER) System of Records.'' This system of records contains information DHS/CBP collects and maintains to secure the U.S. border between the Ports of Entry (POE), furthering its enforcement and immigration mission. DHS previously maintained these records under the DHS/ICE-011 U.S. Immigration and Customs Enforcement Operational Records (ENFORCE) (April 30, 2015, 80 FR 24269) and the DHS/USVISIT-004 DHS Automated Biometric Identification System (IDENT) (June 5, 2007, 72 FR 31080) System of Records Notices (SORNs), as part of a DHS-wide initiative in 2008 to restructure the former INS-012 Deportable Alien Control System (DACS) SORN. DHS/CBP is issuing this new system of records to claim ownership of records created as a result of CBP interactions between the POE. CBP inputs non-intelligence information it collects as a result of these interactions into its E3 Portal. CBP also collects and maintains information related to camera and sensor alerts in its Intelligent Computer Assisted Detection (ICAD) database. This system of records applies to the categories of information input and maintained in these systems. This information includes biographic, biometric, geolocation imagery and coordinates, and other enforcement and detention data associated with encounters, investigations, border violence, seized property in relation to an apprehension, inspections, prosecutions, and custody operations of DHS/CBP between the ports of entry for law enforcement, immigration, or border security purposes. Additionally, the Department of Homeland Security is issuing a Notice of Proposed Rulemaking to exempt this system of records from certain provisions of the Privacy Act, elsewhere in the Federal Register. This newly established system of records will be included in the Department of Homeland Security's inventory of record systems.