Waiver of Compliance With Navigation Laws; Hurricanes Harvey and Irma, 43782 [2017-19902]

Download as PDF 43782 Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Notices Dated: September 11, 2017. Ira S. Reese, Executive Director, Laboratories and Scientific Services Directorate. [FR Doc. 2017–19863 Filed 9–18–17; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND SECURITY Office of the Secretary Waiver of Compliance With Navigation Laws; Hurricanes Harvey and Irma Office of the Secretary, Department of Homeland Security. ACTION: Notice. asabaliauskas on DSKBBXCHB2PROD with NOTICES AGENCY: On September 8, 2017, I issued a limited waiver of the Jones Act upon the recommendation of the Department of Energy and at the request of the Department of Defense.1 Hurricane Harvey striking the U.S. Gulf Coast has resulted in severe disruptions in both the midstream and downstream sectors of the oil supply system. Some refineries and pipeline networks are shut-in or running at reduced rates. Thus, conditions exist for a continued shortage of energy supply in areas predicted to be affected by Hurricane Irma. In light of this, the Department of Energy has recommended that the Department of Homeland Security waive the requirements of the Jones Act in the interest of national defense to facilitate the transportation of the necessary volume of petroleum products through September 22, 2017. Furthermore, the Department of Defense has requested a waiver of the Jones Act in the interest of national defense through September 22, 2017, commencing immediately. The Jones Act, 46 United States Code (U.S.C.) 55102, states that a vessel may not provide any part of the transportation of merchandise by water, or by land and water, between points in the United States to which the coastwise laws apply, either directly or via a foreign port unless the vessel was built in and documented under the laws of the United States and is wholly owned by persons who are citizens of the United States. Such a vessel, after obtaining a coastwise endorsement from the U.S. Coast Guard, is ‘‘coastwisequalified.’’ The coastwise laws generally apply to points in the territorial sea, which is defined as the belt, three nautical miles wide, seaward of the territorial sea baseline, and to points 1 Published in the Federal Register at 82 FR 43248 (Sept. 14, 2017). VerDate Sep<11>2014 17:12 Sep 18, 2017 Jkt 241001 located in internal waters, landward of the territorial sea baseline. The navigation laws, including the coastwise laws, can be waived under the authority provided by 46 U.S.C. 501. The statute provides in relevant part that on request of the Secretary of Defense, the head of an agency responsible for the administration of the navigation or vessel-inspection laws shall waive compliance with those laws to the extent the Secretary considers necessary in the interest of national defense. 46 U.S.C. 501(a). For the reasons stated above, and in light of the request from the Department of Defense and the concurrence of the Department of Energy, I am exercising my authority to waive the Jones Act through September 22, 2017, commencing immediately, to facilitate movement of refined petroleum products, including gasoline, diesel, and jet fuel, to be shipped from New York, New Jersey, Delaware, Maryland, Pennsylvania, New Mexico, Texas, Louisiana, Mississippi, Alabama, and Arkansas to Florida, Georgia, South Carolina, North Carolina, Virginia, West Virginia, and Puerto Rico. This waiver applies to covered merchandise laded on board a vessel through and including September 22, 2017. Executed this 12th day of September, 2017. Elaine C. Duke, Acting Secretary of Homeland Security. [FR Doc. 2017–19902 Filed 9–18–17; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND SECURITY National Protection and Programs Directorate; Notification of Issuance of Binding Operational Directive 17–01 and Establishment of Procedures for Responses National Protection and Programs Directorate, DHS. ACTION: Issuance of binding operational directive; procedures for responses; notice of availability. AGENCY: In order to safeguard Federal information and information systems, DHS has issued a binding operational directive to all Federal, executive branch departments and agencies relating to information security products, solutions, and services supplied, directly or indirectly, by AO Kaspersky Lab or affiliated companies. The binding operational directive requires agencies to identify Kasperskybranded products (as defined in the directive) on Federal information SUMMARY: PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 systems, provide plans to discontinue use of Kaspersky-branded products, and, at 90 calendar days after issuance of the directive, unless directed otherwise by DHS in light of new information, begin to remove Kasperskybranded products. DHS is also establishing procedures, which are detailed in this notice, to give entities whose commercial interests are directly impacted by this binding operational directive the opportunity to respond, provide additional information, and initiate a review by DHS. DATES: Binding Operational Directive 17–01 was issued on September 13, 2017. DHS must receive responses from impacted entities on or before November 3, 2017. ADDRESSES: Submit electronic responses to Binding Operational Directive 17–01, along with any additional information or evidence, to BOD.Feedback@ hq.dhs.gov. SUPPLEMENTARY INFORMATION: The Department of Homeland Security (‘‘DHS’’ or ‘‘the Department’’) has the statutory responsibility, in consultation with the Office of Management and Budget, to administer the implementation of agency information security policies and practices for information systems, which includes assisting agencies and providing certain government-wide protections. 44 U.S.C. 3553(b). As part of that responsibility, the Department is authorized to ‘‘develop[ ] and oversee[ ] the implementation of binding operational directives to agencies to implement the policies, principles, standards, and guidance developed by the Director [of the Office of Management and Budget] and [certain] requirements of [the Federal Information Security Modernization Act of 2014.]’’ 44 U.S.C. 3553(b)(2). A binding operational directive (‘‘BOD’’) is ‘‘a compulsory direction to an agency that (A) is for purposes of safeguarding Federal information and information systems from a known or reasonably suspected information security threat, vulnerability, or risk; [and] (B) [is] in accordance with policies, principles, standards, and guidelines issued by the Director[.]’’ 44 U.S.C. 3552(b)(1). Agencies are required to comply with these directives. 44 U.S.C. 3554(a)(1)(B)(ii). Overview of BOD 17–01 In carrying out this statutory responsibility, the Department issued BOD 17–01, titled ‘‘Removal of Kaspersky-Branded Products.’’ The text of BOD 17–01 is reproduced in the next section of this document. E:\FR\FM\19SEN1.SGM 19SEN1

Agencies

[Federal Register Volume 82, Number 180 (Tuesday, September 19, 2017)]
[Notices]
[Page 43782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19902]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary


Waiver of Compliance With Navigation Laws; Hurricanes Harvey and 
Irma

AGENCY: Office of the Secretary, Department of Homeland Security.

ACTION: Notice.

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    On September 8, 2017, I issued a limited waiver of the Jones Act 
upon the recommendation of the Department of Energy and at the request 
of the Department of Defense.\1\ Hurricane Harvey striking the U.S. 
Gulf Coast has resulted in severe disruptions in both the midstream and 
downstream sectors of the oil supply system. Some refineries and 
pipeline networks are shut-in or running at reduced rates. Thus, 
conditions exist for a continued shortage of energy supply in areas 
predicted to be affected by Hurricane Irma. In light of this, the 
Department of Energy has recommended that the Department of Homeland 
Security waive the requirements of the Jones Act in the interest of 
national defense to facilitate the transportation of the necessary 
volume of petroleum products through September 22, 2017. Furthermore, 
the Department of Defense has requested a waiver of the Jones Act in 
the interest of national defense through September 22, 2017, commencing 
immediately.
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    \1\ Published in the Federal Register at 82 FR 43248 (Sept. 14, 
2017).
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    The Jones Act, 46 United States Code (U.S.C.) 55102, states that a 
vessel may not provide any part of the transportation of merchandise by 
water, or by land and water, between points in the United States to 
which the coastwise laws apply, either directly or via a foreign port 
unless the vessel was built in and documented under the laws of the 
United States and is wholly owned by persons who are citizens of the 
United States. Such a vessel, after obtaining a coastwise endorsement 
from the U.S. Coast Guard, is ``coastwise-qualified.'' The coastwise 
laws generally apply to points in the territorial sea, which is defined 
as the belt, three nautical miles wide, seaward of the territorial sea 
baseline, and to points located in internal waters, landward of the 
territorial sea baseline.
    The navigation laws, including the coastwise laws, can be waived 
under the authority provided by 46 U.S.C. 501. The statute provides in 
relevant part that on request of the Secretary of Defense, the head of 
an agency responsible for the administration of the navigation or 
vessel-inspection laws shall waive compliance with those laws to the 
extent the Secretary considers necessary in the interest of national 
defense. 46 U.S.C. 501(a).
    For the reasons stated above, and in light of the request from the 
Department of Defense and the concurrence of the Department of Energy, 
I am exercising my authority to waive the Jones Act through September 
22, 2017, commencing immediately, to facilitate movement of refined 
petroleum products, including gasoline, diesel, and jet fuel, to be 
shipped from New York, New Jersey, Delaware, Maryland, Pennsylvania, 
New Mexico, Texas, Louisiana, Mississippi, Alabama, and Arkansas to 
Florida, Georgia, South Carolina, North Carolina, Virginia, West 
Virginia, and Puerto Rico. This waiver applies to covered merchandise 
laded on board a vessel through and including September 22, 2017.
    Executed this 12th day of September, 2017.

Elaine C. Duke,
Acting Secretary of Homeland Security.
[FR Doc. 2017-19902 Filed 9-18-17; 8:45 am]
 BILLING CODE 9111-14-P
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