Department of Homeland Security August 2005 – Federal Register Recent Federal Regulation Documents

The Coast Guard announces the stand-up of Sector Hampton Roads and its subordinate unit, Sector Field Office (SFO) Eastern Shore. Sector Hampton Roads is subordinate to the Fifth Coast Guard District Commander. The Sector Hampton Roads Commander has the authority, responsibility, and missions of the prior Group Hampton Roads Commander, Commanding Officer Marine Safety Office Hampton Roads, 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 Coordinator (SMC). The Deputy Sector Commander is designated alternate COTP, FMSC, FOSC, SMC and Acting OCMI. The Deputy Sector Commander also assumes active search suspension (ACTSUS) authority in the absence of the Sector Commander. The Commander of SFO Eastern Shore is subordinate to the Sector Commander and is vested with all the rights, responsibilities, duties, and authority of a Group Commander, which includes SMC. In the absence of the SFO Commander, SMC authority may remain with the Acting Commander. However, active search suspension (ACTSUS) authority will revert to the Commander, Sector Hampton Roads. A continuity of operations order has been issued ensuring that all previous MSO Hampton Roads, Group Hampton Roads, and Group Eastern Shore practices and procedures will remain in effect until superseded by an authorized Coast Guard official and/or document. This continuity of operations order addresses existing COTP regulations, orders, directives and policies.

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 proposed revised information collections. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c) (2) (A)), this notice seeks comments concerning the Elevation Certificate and the Floodproofing Certificate. The Elevation Certificate is required by the NFIP to certify the elevations of the buildings to determine the proper flood insurance rate. It can also be used by communities to document to what height new buildings and substantial improvements in Special Flood Hazard Areas were elevated so that communities can verify building compliance including the lowest floor determination.

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.

The Coast Guard is establishing a temporary security zone for Naval and Army vessels while conducting ammunitions transfers in a designated area near Indian Island, Washington. The Coast Guard is taking this action to provide safety and security for Naval and Army vessels from terrorism, sabotage, other subversive acts, to allow sufficient maneuvering area for the vessel, and to maintain a sufficient blast radius from land in an event of an accident. Entry into this zone is prohibited unless authorized by the Captain of the Port, Puget Sound or his designated representatives.

The Commander, Eighth Coast Guard District, has temporarily changed the regulation governing the operation of the Tarpon Dock bascule span drawbridge across Massalina Bayou, mile 0.0, at Panama City, Bay County, Florida. The regulation will allow the draw of the bridge to remain closed to navigation for one hour to facilitate the American Heart Walk.

The Department of Homeland Security, U.S. Citizenship and Immigration Service (USCIS) 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 June 15, 20054 at 70 FR 34790. Notification in the preamble of the interim rule allowed for a 60-day public comment period. No public comments were received on this information collection. The purpose of this notice is to allow an additional 30 days for public comments. Comments are encouraged and will be accepted until September 16, 2005. This process is conducted in accordance with 5 CFR 1320.10. Written comments and suggestions from the public and affected agencies concerning the collection of information should address one or more of the following four points: (1) Evaluate whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency's estimate of the burden of the collection of information, including the validity of the methodology and assumptions used; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of this information collection: (1) Type of Information Collection: Extension of a currently approved collection. (2) Title of the Form/Collection: Application for T Nonimmigrant Status; Application for Immediate Family Member of T-1 Recipient; and Declaration of Law Enforcement Officer for Victim of Trafficking in Persons. (3) Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection: Form I-914, Supplement S, and I-914 Supplement B. U.S. Citizenship and Immigration Services. (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Individual or households. This application incorporates information pertinent to eligibility under the Victims of Trafficking and Violence Protection Act of 2000 (Pub. L. 106-386) and a request for employment. The information on all three parts of the form will be used by the USCIS to determine whether applicants meet the eligibility requirements for certain immigration benefits. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: 8,750 Form I- 914 responses at 2.25 hours per response; 18,750 Form I-914 Supplement A responses at 1 hour per response; and 7,000 Form I-914 Supplement B responses at .50 hours per response. (6) An estimate of the total public burden (in hours) associated with the collection: 41,938 annual burden hours. If you have additional comments, suggestions, or need a copy of the information collection instrument, please contact Richard A. Sloan, Director, Regulatory Management Division, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, 111 Massachusetts Avenue, NW., Washington, DC, 20529.

The designation of Liberia for Temporary Protected Status (TPS) will expire on October 1, 2005. This Notice extends the designation of Liberia for 12 months, until October 1, 2006, and sets forth procedures necessary for nationals of Liberia and aliens having no nationality who last habitually resided in Liberia with TPS to re- register and to apply for an extension of their employment authorization documents (EADs) for the additional 12-month period. Re- registration is limited to persons who registered under the current designation (which was announced on August 25, 2004). Certain nationals of Liberia (or aliens having no nationality who last habitually resided in Liberia) who previously have not applied for TPS under the current designation may be eligible to apply under the late initial registration provisions.

The Coast Guard proposes to change the operating regulations governing the Cortez (SR 684) bridge and the Anna Maria (SR 64) bridge across the Gulf Intracoastal Waterway, mile 89.2 in Anna Maria, Manatee County, Florida. This proposed rule would require the drawbridges to open on a 30-minute schedule if vessels are present. However, the drawbridges are not required to open during the morning and afternoon rush hours. This proposed action may improve the movement of vehicular traffic while not unreasonably interfering with the movement of vessel traffic.

The Coast Guard proposes to change the regulations governing the operation of 10 drawbridges, and establish operating regulations for 2 drawbridges, all of which cross the Atlantic Intracoastal Waterway in Broward County, FL. The proposed rule would require all of these drawbridges to open twice an hour. The proposed schedule is based on a request from Broward County officials, a test the Coast Guard conducted from December, 2004, until February, 2005, and comments received from the public based on the test. The proposed schedule meets the reasonable needs of navigation while accommodating increased vehicular traffic throughout the county.

The Coast Guard is withdrawing its notice of proposed rulemaking concerning the ``2005 Piankatank River Race''. Pursuant to 33 CFR 100.25, the marine event permit application for a powerboat race to be held on the Piankatank River in Virginia on July 23, 2005 was disapproved.

In compliance with the Paperwork Reduction Act of 1995, the Coast Guard intends to seek the approval of OMB for the renewal of two Information Collection Requests (ICRs). The ICRs are for 1625-0035, Title 46 CFR Subchapter Q: Lifesaving, Electrical, and Engineering Equipment, Construction and Materials & Marine Sanitation Devices, and 1625-0051, A) Reports of MARPOL 73/78 Oil, Noxious Liquid Substances (NLS) and Garbage Discharge; B) Application for Equivalents, Exemptions and Alternatives; and C) Voluntary Reports of Pollution Sightings. Before submitting the ICRs to OMB, the Coast Guard is inviting comments on them as described below.

This notice amends the notice of a major disaster declaration for the State of Alabama (FEMA-1593-DR), dated July 10, 2005, and related determinations.

This notice amends the notice of a major disaster declaration for the State of North Dakota (FEMA-1597-DR), dated July 22, 2005, and related determinations.

Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed below. The BFEs are the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

Base (1% annual-chance) Flood Elevations and modified Base Flood Elevations (BFEs) are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

On July 15, 2005, the Coast Guard published a temporary final rule in the Federal Register establishing temporary special local regulations for the ``Point Pleasant OPA/NJ Offshore Grand Prix'', a marine event to be held on the waters of the Manasquan River, Manasquan Inlet and Atlantic Ocean between Point Pleasant Beach and Bay Head, New Jersey. On July 21, 2005, the Coast Guard learned that this marine event was proposed to be conducted at a different location. This rule changes the location of the temporary regulated area. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in the regulated area during the event.

The Coast Guard is extending the previously established temporary final rule published in the Federal Register on January 26, 2005 which created a regulated navigation area on the Illinois Waterway near Romeoville, IL. This temporary regulated navigation area will place navigational and operational restrictions on all vessels transiting through the demonstration electrical dispersal barrier located on the Chicago Sanitary and Ship Canal. This regulated navigation area is necessary to protect vessels and their crews from harm as a result of electrical discharges emitting from the electrical dispersal barrier as vessels transit over it.

This notice announces that the Transportation Security Administration (TSA) has forwarded the new Information Collection Request (ICR) abstracted below to the Office of Management and Budget (OMB) for emergency processing and approval under the Paperwork Reduction Act. The ICR describes the nature of the information collection and its expected burden.

This notice amends the notice of a major disaster declaration for the State of Florida (FEMA-1595-DR), dated July 10, 2005, and related determinations.

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: Application Form for Single Lot or Structure Amendments to National Flood Insurance Program Maps. OMB Number: 1660-0037. Abstract: Requesters complete and Licensed Land Surveyors or Professional Engineers certify FEMA Form 81-92 or 81-92A to request that FEMA remove a single structure or a legally recorded parcel of land or portions thereof from a designated SFHA via a Letter of Map Amendment (LOMA). A SFHA is an area that would be inundated by a flood event that has a one-percent-annual-chance of being equaled or exceeded in any given year (base flood). FEMA uses the information provided in FEMA Form 81-92 or 81-92A to make a LOMA determination. A LOMA is a letter from FEMA stating that an existing structure or parcel of land that has not been elevated by fill would not be inundated by the base flood. Fill is defined as a material placed to raise the ground to or above the Base Flood Elevation (BFE). Affected Public: Individuals or households (property owners or lessees); business or other for-profit (Licensed Land Surveyors or Professional Engineers). Number of Respondents: 26,400. Estimated Time per Respondent: 2.4 hours. Estimated Total Annual Burden Hours: 31,680. Frequency of Response: Once at time of request. Comments: Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs at OMB, Attention: Desk Officer for the Department of Homeland Security/FEMA, Docket Library, Room 10102, 725 17th Street, NW., Washington, DC 20503, or facsimile number (202) 395-7285. Comments must be submitted on or before September 7, 2005.

The Commander, Fifth Coast Guard District, has approved a temporary deviation from the regulations governing the operation of the Woodrow Wilson Memorial (I-95) Bridge, mile 103.8, across the Potomac River between Alexandria, VA and Oxon Hill, MD. This deviation allows the drawbridge to remain closed to navigation from 8 p.m. on August 12, 2005, to 5 a.m. on August 15, 2005, to facilitate the beltway shift of vehicular traffic for the new Woodrow Wilson Bridge construction project.

The Coast Guard is establishing a temporary safety zone during the construction of temporary aerial scaffolding, catwalk, superstructure suspension system, main cable wires, cable bands, and suspender ropes being used for the Tacoma Narrows Bridge construction project. The Coast Guard is taking this action to safeguard the public from hazards associated with the transport and construction of the cable wires and cable bands being used to construct the catwalk for the new bridge. Entry into this zone is prohibited unless authorized by the Captain of the Port, Puget Sound or his designated representatives.

The Merchant Marine Personnel Advisory Committee (MERPAC) and its working groups will meet to discuss various issues relating to the training and fitness of merchant marine personnel. MERPAC advises the Secretary of Homeland Security on matters relating to the training, qualifications, licensing, and certification of seamen serving in the U.S. merchant marine. All meetings will be open to the public.

The United States Coast Guard will meet to discuss the comments received relating to the Notice of Proposed Rulemaking (NPRM) for Kenner Bend Anchorage as published in the Federal Register on Wednesday April 27, 2005.

The Commander, First Coast Guard District, has issued a temporary deviation from the drawbridge operation regulations to test an alternate drawbridge operation regulation for the Wantagh State Parkway Bridge, at mile 16.1, across Goose Creek, New York. Under this temporary 90-day deviation the bridge will open on signal once an hour, on the half hour, between 7:30 a.m. and 8:30 p.m. on Saturday, Sunday, and Federal holidays after a 30-minute advance notice is given. At all other times the bridge will open on signal after a 30-minute advance notice is given by calling the number posted at the bridge.