Department of Homeland Security January 2005 – Federal Register Recent Federal Regulation Documents
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Departmental Advisory Committee on Commercial Operations of Customs and Border Protection and Related Functions (COAC)
This notice announces the date, time, and location for the first meeting of the ninth term of the Departmental Advisory Committee on Commercial Operations of Customs and Border Protection and Related Functions (COAC) and the expected agenda for its consideration. It also announces the new members of the committee.
Directorate of Science and Technology; Notice of Meeting of Homeland Security Science and Technology Advisory Committee
The Homeland Security Science and Technology Advisory Committee (HSSTAC) will meet in closed session.
Drawbridge Operation Regulations; Christina River, Wilmington, DE
The Coast Guard is changing the regulations that govern the operation of the Norfolk Southern (NS) Railroad Bridge across Christina River, at mile 1.4, in Wilmington, DE. The bridge will remain open for vessel traffic, closing only for train crossings and periodic maintenance by an operator at a remote location. The final rule will maintain the bridge's current level of operational capabilities and continue to provide for the reasonable needs of rail transportation and vessel navigation.
Drawbridge Operation Regulations; Biscayne Bay, Atlantic Intracoastal Waterway, Miami River, and Miami Beach Channel, Miami-Dade County, FL
The Coast Guard is temporarily changing the regulations governing the operation of the east and west spans of the Venetian Causeway bridges across the Miami Beach Channel on the Atlantic Intracoastal Waterway, the Miami Avenue bridge and the Brickell Avenue bridge across the Miami River, Miami-Dade County. This temporary rule allows these bridges to remain in the closed position during the running of the Miami Tropical Marathon on January 30, 2005.
Drawbridge Operation Regulations: Newtown Creek, Dutch Kills, English Kills, and Their Tributaries, NY
The Commander, First Coast Guard District, has issued a temporary deviation from the drawbridge operation regulations for the Metropolitan Avenue Bridge, mile 3.4, across English Kills at New York City, New York. Under this temporary deviation the bridge may remain closed on the following days: February 14 through February 15; February 24 through February 25; March 3 through March 4; March 10 through March 11; March 17 through March 18; and March 24 through March 25, 2005. This temporary deviation is necessary to facilitate bridge maintenance.
Drawbridge Operation Regulation; Houma Navigation Canal, Houma, LA
The Coast Guard proposes to change the regulation governing the operation of the SR 661 (Houma Nav Canal) swing bridge across the Houma Navigation Canal, mile 36.0, in Houma, Louisiana. An increase in traffic during the noontime time period has facilitated a request to allow the bridge to remain closed to navigation for two (2), 30-minute periods in the middle of the day. These closures will allow local workers to transit the area with minimal delays during the noontime lunch period.
Drawbridge Operation Regulation; Gulf Intracoastal Waterway, Houma, LA
The Coast Guard proposes to change the regulation governing the operation of the SR 315 (Bayou Dularge) bascule bridge across the Gulf Intracoastal Waterway, mile 59.9 west of Harvey Lock, in Houma, Louisiana. An increase in traffic during the noontime time period has facilitated a request to allow the bridge to remain closed to navigation for two (2), 30-minute periods in the middle of the day. These closures will allow local workers to transit the area with minimal delays during the noontime lunch period.
Agency Information Collection Activities: Submission for OMB Review; Comment Request
The Federal Emergency Management Agency (FEMA) has submitted the following information collection to the Office of Management and Budget (OMB) for review and clearance in accordance with the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). 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. Title: Emergency Management Institute Follow-up Evaluation Survey. OMB Number: 1660-0044. Abstract: FEMA Form 95-56 is a continuous self-assessment qualitative tool used to identify trainees' knowledge and skills gained through emergency management-related courses and the extent to which they have been beneficial and applicable in the conduct of their official positions. The information collected is primarily used to review course content and offerings for program planning and management purposes. Results are combined with other program metrics to document performance per GPRA mandates. Affected Public: Individuals or households; State, local or tribal governments. Number of Respondents: 2,300. Estimated Time Per Respondent: FEMA Form 95-56, 15 minutes; Students participating in pilot testing for electronic version of FEMA Form 95-56, 30 minutes. Estimated Total Annual Burden Hours: 600. Frequency of Response: One per course.
Ohio; Emergency and Related Determinations
This is a notice of the Presidential declaration of an emergency for the State of Ohio (FEMA-3198-EM), dated January 11, 2005, and related determinations.
Indiana; Amendment No. 1 to Notice of an Emergency Declaration
This notice amends the notice of an emergency declaration for the State of Indiana (FEMA-3197-EM), dated January 11, 2005, and related determinations.
Indiana; Emergency and Related Determinations
This is a notice of the Presidential declaration of an emergency for the State of Indiana (FEMA-3197-EM), dated January 11, 2005, and related determinations.
Drawbridge Operation Regulations: Newtown Creek, Dutch Kills, English Kills, and Their Tributaries, NY
The Commander, First Coast Guard District, has issued a temporary deviation from the drawbridge operation regulations for the Metropolitan Avenue Bridge, mile 3.4, across English Kills at New York City, New York. Under this temporary deviation the bridge may remain closed from 6 a.m. to midnight on the following days: January 19 through January 21; January 26 through January 28; and January 31 through February 5, 2005. This temporary deviation is necessary to facilitate bridge maintenance.
Drawbridge Operation Regulations; Gulf Intracoastal Waterway-Bayou Boeuf, Amelia, LA
The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the BNSF RR Swing Bridge across Bayou Boeuf, mile 10.2, at Amelia, St. Mary Parish, LA. This deviation allows the bridge to remain closed to navigation for eight hours on February 14, 2005, ten hours on February 15, 2005, and eight hours on February 16, 2005. The deviation is necessary to remove and replace the motor and transmission of the bridge.
Drawbridge Operation Regulations; Corpus Christi-Port Aransas Channel-Tule Lake, Corpus Christi, TX
The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Tule Lake Vertical Lift Span Highway and Railroad Bridge across the Corpus ChristiPort Aransas Channel, mile 14.0, at Corpus Christi, Nueces County, TX. This deviation allows the bridge to remain closed to navigation for four hours on two consecutive days. This temporary deviation is necessary for the maintenance of the rope sheaves and for the cleaning and lubrication of the haul and counterweight ropes of the drawbridge.
Submission for New Information Collection, DHS Individual Complaint of Employment Discrimination Form (DHS 3090-1)
The Department of Homeland Security, Office for Civil Rights and Civil Liberties has submitted 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 was previously published in the Federal Register on October 14, 2004 at 69 FR 61033-61034, allowing for a 60-day public comment period. No comments were received by DHS on this information collection. The purpose of this notice is to allow an additional 30 days for public comments.
Special Local Regulation; Annual Gasparilla Marine Parade, Hillsborough Bay, Tampa, FL
The Coast Guard is temporarily changing the regulations regarding the Annual Gasparilla Marine Parade, Hillsborough Bay, and Tampa, FL. This action is necessary because the Parade will be held on January 29, 2005, instead of the first Saturday in February as established by permanent regulation. Also, the Coast Guard and the Parade coordinators have agreed on a modified parade route to minimize security and safety concerns and reduce congestion in the Sparkman and Ybor channels in vicinity of commercial port facilities.
Implementation of Sector Baltimore
The Coast Guard announces the stand-up of Sector Baltimore. The Sector Baltimore Commanding Officer has the authority, responsibility and missions of the prior Activities Commander, Captain of the Port (COTP), Officer in Charge, Marine Inspection (OCMI), Federal On Scene Coordinator (FOSC), Federal Maritime Security Coordinator (FMSC), and Search and Rescue Mission Controller (SMC) Baltimore. The Coast Guard has established a continuity of operations whereby all previous practices and procedures will remain in effect until superseded by an authorized Coast Guard official and/or document.
Petitions for Aliens To Perform Temporary Nonagricultural Services or Labor (H-2B)
An H-2B alien is someone who comes temporarily to the United States to perform temporary nonagricultural labor or services. The Department of Homeland Security (DHS), after consulting with the Department of Labor (DOL) and the Department of State (DOS), is proposing significant changes to its regulations that are designed to increase the effectiveness of the H-2B nonimmigrant classification. This proposed rule will facilitate use of the H-2B program by United States employers who are unable to find United States workers to perform the temporary labor or services for which the H-2B nonimmigrant is sought. Through this proposed rule, DHS has created a one-step application process whereby certain U.S. employers seeking H-2B temporary workers now will only be required to file one application the Form I-129, Petition for Nonimmigrant Worker, which will include a modified H supplement containing certain labor attestations. With limited exceptions, U.S. employers will no longer need to file for or receive a labor certification from the Department of Labor. In addition, DHS is reducing significantly the paper-based application process by now requiring that most Form I-129 petitions (including the H supplement) be submitted to USCIS electronically, through e-filing. DHS anticipates that this one-step process and the e-filing will enhance the effectiveness of the H-2B program, reduce costs and delays associated with separate USCIS petition adjudication and DOL labor certification processes, and will match a U.S. employer with a qualified H-2B worker in a more timely fashion. Finally, this proposed rule makes changes that will maintain the integrity of the program through enforcement mechanisms while retaining the current definition of the word ``temporary'' in 8 CFR 214.2(h)(6)(ii) in order to ensure continued availability of the program to its traditional users. These proposals will increase the efficiency of the program by eliminating certain regulatory barriers, and improve Government coordination.
Anchorage regulations and ports and waterways safety: St. Johns River, FL; safety zone
Anchorage regulations and ports and waterways safety: Chicago Sanitary and Ship Canal, IL; regulated navigation area
Anchorage regulations and ports and waterways safety: St. Johns River, FL; regulated navigation areas and security zones
Anchorage regulations and ports and waterways safety: Delaware River, PA; safety zone
Towing Safety Advisory Committee
The Towing Vessel Inspection Working Group of the Towing Safety Advisory Committee (TSAC) will meet to discuss matters relating to these specific issues of towing safety. The meetings will be open to the public.
Notice of Intent To Request Approval From the Office of Management and Budget (OMB) of One Public Collection of Information; Law Enforcement Officer Flying Armed Training and Certification
TSA invites public comment on a new information collection requirement abstracted below that will be submitted to OMB for approval in compliance with the Paperwork Reduction Act.
Quarterly IRS Interest Rates Used in Calculating Interest on Overdue Accounts and Refunds on Customs Duties
This notice advises the public of the quarterly Internal Revenue Service interest rates used to calculate interest on overdue accounts (underpayments) and refunds (overpayments) of customs duties. For the calendar quarter beginning January 1, 2005, the interest rates for overpayments will be 4 percent for corporations and 5 percent for non-corporations, and the interest rate for underpayments will be 5 percent. This notice is published for the convenience of the importing public and Customs and Border Protection personnel.
Open Meeting/Conference Call, Board of Visitors for the National Fire Academy
In accordance with section 10 (a) (2) of the Federal Advisory Committee Act, 5 U.S.C. App. 2, FEMA announces the following committee meeting:
Security of Aircraft and Safety of Passengers Transiting Port-au-Prince, Haiti
This Notice informs the public that the Department of Homeland Security has determined that Port-au-Prince International Airport in Port-au-Prince, Haiti does not maintain and carry out effective security measures. Pursuant to this Notice, all United States and foreign air carriers (and their agents) providing service between the United States and Port-au-Prince International Airport are directed to provide written notice of this determination to any passenger purchasing a ticket for transportation between the United States and Haiti and to post notice of the determination at United States airports in accordance with statutory requirements.
Directorate of Science and Technology; Notice Designating Homeland Security Centers of Excellence
The Department of Homeland Security is designating lead universities as Department of Homeland Security Centers of Excellence.
Security Zone; Suisun Bay, Concord, CA
The Coast Guard is establishing fixed security zones in the navigable waters of the United States around each of the three piers at the Military Ocean Terminal Concord (MOTCO), California (formerly United States Naval Weapons Center Concord, California), any combination of which can be enforced by the Captain of the Port (COTP) San Francisco Bay during the onloading or offloading of military equipment and ordnance, depending on which pier, or piers, are being used. In light of recent terrorist actions against the United States, these security zones are necessary to ensure the safe onloading and offloading of military equipment and to ensure the safety of the public from potential subversive acts. The security zones prohibit all persons and vessels from entering, transiting through or anchoring within portions of the Suisun Bay within 500 yards of any MOTCO pier, or piers, where military onload or offload operations are taking place, unless authorized by the COTP or his designated representative.
Chemical Transportation Advisory Committee
This notice announces meetings of Subcommittees of the Chemical Transportation Advisory Committee (CTAC) on the National Fire Protection Association (NFPA) 472 Standard, and on Hazardous Cargo Transportation Security (HCTS). The Subcommittee on the NFPA 472 Standard will meet to discuss the formation of a marine emergency responder chapter in NFPA 472, Professional Competence of Responders to Hazardous Materials Incidents. The Subcommittee on HCTS will meet to discuss security issues relating to the marine transportation of hazardous materials in bulk. These meetings will be open to the public.
Houston-Galveston Area Maritime Security Committee
This notice requests individuals interested in serving on the Houston-Galveston Area Maritime Security Committee (AMSC) to submit their application for membership to the COTP Houston-Galveston. The AMSC advises and assists the Houston-Galveston Federal Maritime Security Coordinator (FMSC) in developing the Area Maritime Security Plan for the Ports of Houston, Texas City, Freeport, and Galveston. Specific vacancies are listed under supplemental information.
Notice and Request for Comments; Letter of Recommendation, LNG Jefferson County, TX
The U.S. Coast Guard Captain of the Port (COTP), Port Arthur, is preparing a letter of recommendation as to the suitability of the Sabine Pass Channel waterway for liquefied natural gas (LNG) marine traffic. The COTP is looking for comments and related material pertaining specifically to the Maritime Operation, Waterways Management, and Port Security aspects of the proposed LNG Facility.
Safety Zones; Captain of the Port Buffalo Zone
The Coast Guard is establishing permanent safety zones on a portion of Lake Ontario. These safety zones are necessary to ensure the safety of spectators and vessels from the hazards associated with fireworks displays. These safety zones restrict vessel traffic from portions of Lake Ontario, New York, during annual fireworks displays.
Notice of Cancellation of Customs Broker Permit
Pursuant to section 641 of the Tariff Act of 1930, as amended, (19 U.S.C. 1641) and the Customs Regulations (19 CFR 111.51), the following Customs broker local permits are cancelled without prejudice.
Cancellation of Customs Broker License Due to Death of the License Holder
Notice is hereby given that, pursuant to Title 19 of the Code of Federal Regulations Sec. 111.51(a), the following individual Customs broker licenses and any and all permits have been cancelled due to the death of the broker:
Notice of Cancellation of Customs Broker License
Pursuant to section 641 of the Tariff Act of 1930, as amended, (19 U.S.C. 1641) and the Customs Regulations (19 CFR 111.51), the following Customs broker license is cancelled with prejudice.
Notice of Cancellation of Customs Broker Permit
Pursuant to section 641 of the Tariff Act of 1930, as amended, (19 U.S.C. 1641) and the Customs Regulations (19 CFR 111.51), the following Customs broker local permits are cancelled with prejudice.
Notice of Cancellation of Customs Broker License
Pursuant to section 641 of the Tariff Act of 1930, as amended, (19 U.S.C. 1641) and the Customs Regulations (19 CFR 111.51), the following Customs broker licenses are cancelled without prejudice.
Drawbridge Operation Regulations; Duwamish Waterway, Seattle, WA
The Coast Guard proposes to temporarily change the operating regulations for the First Avenue South dual drawbridges across the Duwamish Waterway, mile 2.5, at Seattle, Washington. The proposed change would enable the bridge owner to keep the bridges closed during night hours for a 4-month period. This would facilitate painting the structure while properly containing debris and paint.
Meeting of the Office of Boating Safety's Goal-Setting Recommendation Panel
The Coast Guard's Office of Boating Safety (we) is sponsoring a panel of representatives of the recreational boating community. This panel will discuss, analyze, and propose performance measurement goals that we may use to improve boating safety. This meeting is open to the public.
National Offshore Safety Advisory Committee; Charter Renewal
The Secretary of Homeland Security has renewed the charter for the National Offshore Safety Advisory Committee (NOSAC) for 22 months from January 17, 2005, until October 18, 2007. NOSAC is a Federal advisory committee created under the Federal Advisory Committee Act, 5 U.S.C. App. 2 (Pub. L. 92-463, 86 Stat. 770, as amended). It advises the Coast Guard on safety, security, and environmental protection issues relating to the offshore mineral and energy industries.
Collection of Information Under Review by Office of Management and Budget (OMB): OMB Control Numbers: 1625-0036, 1625-0058, and 1625-0061
In compliance with the Paperwork Reduction Act of 1995, this request for comments announces that the Coast Guard has forwarded three Information Collection Reports (ICRs)1625-0036, Plan Approval and Records for U.S. and Foreign Tank Vessels Carrying Oil in Bulk, 1625- 0058, Application for Permit To Transport Municipal and Commercial Waste, and 1625-0061, Commercial Fishing Industry Vessel Safety Regulationsabstracted below, to the Office of Information and Regulatory Affairs (OIRA) of the Office of Management and Budget (OMB) for review and comment. Our ICR describes the information we seek to collect from the public. Review and comment by OIRA ensures that we impose only paperwork burdens commensurate with our performance of duties.
Security Zone Regulations; St. Croix, United States Virgin Islands
The Coast Guard is establishing a temporary security zone in the vicinity of the HOVENSA refinery facility in St. Croix, U.S. Virgin Islands. This security zone extends approximately 2 miles seaward from the HOVENSA facility waterfront area along the south coast of the island of St. Croix, U.S. Virgin Islands. This security zone is needed for national security reasons to protect the public and the HOVENSA facility from potential subversive acts. Vessels without scheduled arrivals must receive permission from the U.S. Coast Guard Captain of the Port San Juan prior to entering this temporary security zone.
National Offshore Safety Advisory Committee
This notice announces a teleconference meeting of the National Offshore Safety Advisory Committee (NOSAC) on the proposed formation of a NOSAC subcommittee. NOSAC will meet to discuss the formation of a subcommittee on the application of the Safety of Life at Sea (SOLAS) Convention to the various types of offshore support vessels working in foreign locations, including offshore supply vessels (OSVs), anchor handling vessels, liftboats, crew boats, dive support vessels, and seismic vessels.
Changes in Flood Elevation Determinations
Modified Base (1% annual-chance) Flood Elevations (BFEs) are finalized for the communities listed below. These modified elevations will be used to calculate flood insurance premium rates for new buildings and their contents.
Security Zone; Potomac and Anacostia Rivers, Washington, DC and Arlington and Fairfax Counties, VA
The Coast Guard is establishing a temporary security zone from January 14 through January 25, 2005, encompassing certain waters of the Potomac and Anacostia Rivers. This action is necessary to provide for the security of persons and property, and prevent terrorist acts or incidents during the 2005 Presidential Inauguration activities in Washington, DC. This rule prohibits vessels and persons from entering the security zone and requires vessels and persons in the security zone to depart the security zone, unless specifically exempt under the provisions in this rule or granted specific permission from the Coast Guard Captain of the Port Baltimore.
Agency Information Collection Activities: Proposed Collection; Comment Request
The Federal Emergency Management Agency, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a proposed new information collection. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)), this notice seeks comments concerning a study of the effectiveness of the National Flood Insurance Program's (NFIP) FloodSmart, a multimedia marketing campaign, aimed at measuring homeowners' awareness, attitudes, and purchasing of flood insurance.
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.
Cooperating Technical Partners Program
FEMA gives notice of the requirements for the Cooperating Technical Partners Program for Fiscal Year (FY) 2005.
Drawbridge Operation Regulations; Upper Mississippi River, Fort Madison, IA and Burlington, IA
The Commander, Eighth Coast Guard District has issued a temporary deviation from the regulation governing the operation of the Fort Madison Drawbridge, mile 383.9, Fort Madison, Iowa and the Burlington Railroad Drawbridge, mile 403.1, Burlington, Iowa, across the Upper Mississippi River. This deviation allows the drawbridges to remain closed to navigation unless at least 4 hours advance notice is given for an opening from 8 a.m., January 24, 2005, until 8 a.m., March 1, 2005, Central Standard Time. The deviation is necessary to allow time for making repairs of critical mechanical components essential to the continued safe operation of the drawbridges.