Department of Homeland Security October 2005 – Federal Register Recent Federal Regulation Documents
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Security Zone; High Capacity Passenger Vessels and Alaska Marine Highway System Vessels in Alaska
The Coast Guard is revising its proposed rule published March 9, 2005, to establish permanent moving security zones around all escorted High Capacity Passenger Vessels (``HCPV'') and escorted Alaska Marine Highway System Vessels (``AMHS vessels'') during their transit in the navigable waters of the Seventeenth Coast Guard District. The 250-yard speed restriction zone, the 25-yard security zone around moored and anchored vessels, and the waiver request process in the notice of proposed rulemaking (NPRM) have been eliminated. The Coast Guard has revised the proposed security zones prohibiting any vessel from entering within 100 yards of an escorted HCPV or escorted AMHS vessel while in transit. These security zones are necessary to mitigate potential terrorist acts and enhance public and maritime safety and security. Permission to enter these security zones may be granted by the designated on-scene representative.
Merchant Marine Personnel Advisory Committee
A working group of the Merchant Marine Personnel Advisory Committee (MERPAC) will meet to discuss Task Statement 53, ``Medical Certification Standards and Disqualifying Medical Conditions for Merchant Mariners.'' MERPAC advises the Secretary of Homeland Security on matters relating to the training, qualifications, licensing, certification, and fitness of seamen serving in the U.S. merchant marine. This meeting will be open to the public.
Drawbridge Operation Regulations: Saugus River, MA
The Coast Guard has temporarily changed the drawbridge operation regulations that govern the operation of the General Edwards SR1A Bridge, at mile 1.7, across the Saugus River between Lynn and Revere, Massachusetts. This temporary change to the drawbridge operation regulations allows the bridge to remain in the closed position from November 1, 2005 through April 30, 2006. This action is necessary to facilitate structural maintenance at the bridge.
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: Post Construction Elevation Certificate/Floodproofing Certificate. OMB Number: 1660-0008. Abstract: The Elevation Certificate and Floodproofing Certificate are used in conjunction with the application for flood insurance. The certificates are required for proper rating of post Flood Insurance Rate Map (FIRM) structures, which are buildings constructed after the publication of the FIRM, for flood insurance in Special Flood Hazard Areas. In addition, the Elevation Certificate is needed for pre-FIRM structures being rated under post-FIRM flood insurance rules. The certificates provide community officials and others standardized documents to readily record needed building elevation information. The certificates are supplied to insurance agents, community officials, surveyors, engineers, architects, and NFIP policyholders/ applicants. Surveyors, engineers, and architects complete the Elevation Certificate. Engineers and architects complete the Floodproofing Certificate. Community officials are provided the building elevation information required to document and determine compliance with the community's floodplain management ordinance. NFIP policyholders/ applicants provide the appropriate certificate to insurance agents. The certificate is then used in conjunction with the flood insurance application so that the building can be properly rated for flood insurance. Affected Public: Individuals or Households, Business or Other for Profit, Not-For-Profit Institutions, Farms, and State, local or tribal government. Number of Respondents: 48,430. Estimated Time per Respondent:
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 continuing information collection. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)), this notice seeks comments on the Exemption of State- Owned Properties Under Self-Insurance Plan.
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: State/Local/Tribal Hazard Mitigation Plans-Section 322 of the Disaster Mitigation Act of 2000. OMB Number: 1660-0062. Abstract: This collection is in accordance with our responsibilities under 44 CFR Part 201 Hazard Mitigation Planning, which requires FEMA's approval and determination of State, local and tribal eligibility for Stafford Act assistance. Affected Public: State, local and Tribal governments. Number of Respondents: 1,024 respondents. Estimated Time per Respondent: The estimated response time for this collection varies depending on the level of government and the scope of the plan. Response time can be as short as 8 hours for a State's review of a local mitigation plan or as long as 2,080 hours for the actual development of a new mitigation plan. On average the collection takes approximately 545 hours. Estimated Total Annual Burden Hours: 571,200 hours. Frequency of Response: Once every three years with 3/5 year updates. 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 November 28, 2005.
Louisiana; Amendment No. 10 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Louisiana (FEMA-1607-DR), dated September 24, 2005, and related determinations.
Louisiana; Amendment No. 9 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Louisiana (FEMA-1607-DR), dated September 24, 2005, and related determinations.
Louisiana; Amendment No. 8 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Louisiana (FEMA-1607-DR), dated September 24, 2005, and related determinations.
Texas; Amendment No. 6 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster for the State of Texas (FEMA-1606-DR), dated September 24, 2005, and related determinations.
Mississippi; Amendment No. 6 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster for the State of Mississippi (FEMA-1604-DR), dated August 29, 2005, and related determinations.
Drawbridge Operation Regulations; Shark River (South Channel), NJ
The Commander, Fifth Coast Guard District, has approved a temporary deviation from the regulations governing the operation of the Route 71 Bridge, at mile 0.8, across Shark River (South Channel), at Belmar, New Jersey. This deviation allows the drawbridge to provide vessel openings upon two hours advance notice each day from 8 a.m. to 3 p.m. and from 6 p.m. to 10 p.m. beginning on Monday, October 31 until Thursday, November 3, 2005, to facilitate emergency mechanical repairs.
Impact Study: Increasing Passenger Weight and Size on Passenger Vessels
The U.S. Coast Guard is conducting a study of the potential impacts that would result from increasing the passenger weight and size regulatory standards used when calculating the intact stability of domestic passenger vessels. The study will include an assessment of the potential impact on industry, identify the regulations potentially requiring change, develop a regulatory implementation strategy and other work associated with the implementation of new passenger weight and size standards.
Adjustment of the Immigration Benefit Application Fee Schedule; Correction
U.S. Citizenship and Immigration Services (USCIS) published a notice in the Federal Register on September 26, 2005 at 70 FR 56182 to increase the fees for immigration benefit applications and petitions to account for cost increases due to inflation. In the fee table of the September 26, 2005 notice, USCIS added a footnote ``6'' next to the new fee for the Form N-600K. Footnote ``6'' shows an increase in fee from $200 to $215 for an application filed on behalf of an adopted child (as compared to the base fee increase from $240 to $255). The placement of this footnote and its lack of specificity regarding which ``application'' it was meant to refer to have created some ambiguity regarding the adopted child fee for the Form N-600, which similarly was adjusted from $200 to $215 (as compared to the new base fee of $255 referenced in the Notice). Accordingly, this notice clarifies the prior notice by amending footnote ``6'' to state specifically that it refers to both the Form N- 600 and the Form N-600K.
Safety Zone Regulation; Tampa Bay, FL
The Coast Guard is establishing a temporary safety zone on the waters of Tampa Bay, Florida, in the vicinity of the Clearwater Memorial bascule bridge. This safety zone is being established to protect mariners from the hazards associated with the blasting demolition of the concrete portions of the Clearwater Memorial bascule bridge. This rule is necessary to provide for the safety of life on the navigable waters of the United States.
Extension Agency Information Collection Activity Under OMB Review: Enhanced Security Procedures at Ronald Reagan National Airport (DCA)
This notice announces that TSA has forwarded the Information Collection Request (ICR) abstracted below to the Office of Management and Budget (OMB) for review and approval of an extension of the currently approved collection under the Paperwork Reduction Act. The ICR describes the nature of the information collection and its expected burden. TSA published a Federal Register notice, with a 60-day comment period soliciting comments, of the following collection of information on August 26, 2005, 70 FR 50391.
Drawbridge Operation Regulations; Knapps Narrows, MD
The Commander, Fifth Coast Guard District, has approved a temporary deviation from the regulations governing the operation of the Route 33/Knapps Narrows Bridge, at mile 0.4, across Knapps Narrows, at Tilghman, Maryland. This deviation allows the drawbridge to remain closed-to-navigation each day from 9 p.m. to 5 a.m., beginning on Monday, October 24 until Friday, October 28, 2005, to facilitate mechanical repairs.
Collection of Information Under Review by Office of Management and Budget (OMB): 1625-0089
In compliance with the Paperwork Reduction Act of 1995, this request for comments announces that the Coast Guard has forwarded one Information Collection Request (ICR)(1) 1625-0089, The National Recreational Boating Surveyabstracted 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.
Merchant Marine Personnel Advisory Committee
A working group of the Merchant Marine Personnel Advisory Committee (MERPAC) will meet to discuss Task Statement 52, ``Recommendations on the Coast Guard's Draft Proposals on Issues That Will Be Affected by the Revisions to the 1997 Interim Rule Implementing the 1978 STCW Convention, as amended.'' MERPAC advises the Secretary of Homeland Security on matters relating to the training, qualifications, licensing, certification, and fitness of seamen serving in the U.S. merchant marine. This meeting will be open to the public.
Notice of Meeting of Homeland Security Science and Technology Advisory Committee
The Homeland Security Science and Technology Advisory Committee (HSSTAC) will meet at 3811 N. Fairfax Drive, 6th Floor Conference Room, Arlington, Virginia 22209, in closed session on November 8, 2005, from 7:30 a.m. to 4 p.m. and from 4 p.m. to 5:30 p.m. in open session.
Automated Commercial Environment (ACE): Creation of Non-Portal Accounts for Importers; Automatic ACE Participation for C-TPAT Members
This notice announces the creation of Non-portal Accounts for importers wishing to participate in the Automated Commercial Environment (ACE) test, but not seeking the benefits that inure to parties that establish Portal Accounts. This notice also announces that all importers who are certified partners in the voluntary Customs-Trade Partnership Against Terrorism (C-TPAT) Program, and are not holders of ACE Portal Accounts, are automatically established as ACE Non-portal Accounts and are eligible to participate in the Periodic Monthly Statement test. This Notice further announces that importers who are not certified partners in C-TPAT may still become Non-portal Accounts by accurately completing a Customs and Border Protection Form (CBP Form) 5106 and then submitting that document to a customs broker who is participating in ACE via a Portal Account. The broker will then submit that information to CBP. Finally, the document states that any current C-TPAT certified partners who are owners of Portal Accounts and are not participating in Periodic Monthly Statement (PMS) may immediately participate in PMS directly with CBP, or through a customs broker with an ACE Portal Account, by providing to CBP those importer of record numbers that are part of the Portal Account and that have been previously designated to C-TPAT.
Drawbridge Operation Regulations; Sturgeon Bay Ship Canal; Sturgeon Bay, WI
The Coast Guard is revising the operating regulations for the Michigan Street and Bayview drawbridges, both in Sturgeon Bay, WI, by establishing a permanent winter operating schedule while still providing for the reasonable needs of navigation.
List of Communities Eligible for the Sale of Flood Insurance
This rule identifies communities that are participating and suspended from the National Flood Insurance Program (NFIP). These communities have applied to the program and have agreed to enact certain floodplain management measures. The communities' participation in the program authorizes the sale of flood insurance to owners of properties located in the communities listed below.
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 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.
American Samoa; Amendment No. 3 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster for the Territory of American Samoa (FEMA-1582-DR), dated February 18, 2005, and related determinations.
North Carolina; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the State of North Carolina (FEMA-1608-DR), dated October 7, 2005, and related determinations.
Alabama; Amendment No. 2 to Notice of an Emergency Declaration
This notice amends the notice of an emergency declaration for the State of Alabama (FEMA-3214-EM), dated August 28, 2005, and related determinations.
Intent To Request Renewal From OMB of One Current Public Collection of Information: Security Programs for Foreign Air Carriers
TSA invites public comment on one currently approved information collection requirement abstracted below that we will submit to the Office of Management and Budget (OMB) for renewal in compliance with the Paperwork Reduction Act.
Classified National Security Information
This final rule revises the Department of Homeland Security's procedures for managing classified national security information. This rule implements procedures required under Executive Order 12958, ``Classified National Security Information,'' as amended by Executive Order 13292, and amends the initial procedures established when the Department was created in January 2003. Further, this rule delegates to the Chief Security Officer of the Department of Homeland Security the responsibility of serving as the ``Senior Agency Official'' pursuant to Executive Order 12958, as amended.
Extension of Import Restrictions Imposed on Certain Categories of Archaeological Material From the Pre-Hispanic Cultures of the Republic of Nicaragua
This document amends Title 19 of the Code of Federal Regulations (19 CFR) to reflect the extension of the import restrictions on certain categories of archaeological material from the Pre-Hispanic cultures of the Republic of Nicaragua that were imposed by T.D. 00-75. The Acting Assistant Secretary for Educational and Cultural Affairs, United States Department of State, has determined that conditions continue to warrant the imposition of import restrictions. Accordingly, the restrictions will remain in effect for an additional 5 years, and Title 19 of the CFR is being amended to reflect this extension. These restrictions are being extended pursuant to determinations of the United States Department of State made under the terms of the Convention on Cultural Property Implementation Act in accordance with the United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. T.D. 00-75 contains the Designated List of archaeological material representing Pre-Hispanic cultures of Nicaragua.
Special Local Regulations for Marine Events; Spa Creek, Annapolis, MD
On September 1, 2005, the Coast Guard published a notice of proposed rulemaking (NPRM) in the Federal Register requesting public comments regarding establishment of permanent special local regulations for ``Tug-of-War'', a marine event conducted over the waters of Spa Creek between Eastport and Annapolis, Maryland. 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 portions of Spa Creek during the event.
Special Local Regulations for Marine Events; Willoughby Bay, Norfolk, VA
The Coast Guard is establishing temporary special local regulations for ``Hampton Roads Sailboard Classic'', a marine event to be held on the waters of Willoughby Bay, Norfolk, Virginia. 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 portions of Willoughby Bay during the event.
National Boating Safety Advisory Council
The National Boating Safety Advisory Council (NBSAC) and its subcommittees on boats and associated equipment, aftermarket marine equipment, and prevention through people will meet to discuss various issues relating to recreational boating safety. All meetings will be open to the public.
Neptune LNG, L.L.C., Liquefied Natural Gas Deepwater Port License Application; Preparation of Environmental Impact Statement
The Coast Guard and the Maritime Administration (MARAD) announce that the Coast Guard intends to prepare an environmental impact statement (EIS) as part of the environmental review of this license application. The application describes a project that would be located in the Federal waters of the Outer Continental Shelf in Blocks NK 19-04 6525 and NK 19-04 6575, approximately 22 miles northeast of Boston, Massachusetts, and approximately 7 miles south-southeast of Gloucester, Massachusetts. Publication of this notice begins a scoping process that will help identify and determine the scope of environmental issues to be addressed in the EIS. This notice requests public participation in the scoping process and provides information on how to participate.
Lower Mississippi River Waterway Safety Advisory Committee
The Lower Mississippi River Waterway Safety Advisory Committee (LMRWSAC) will meet to discuss various issues relating to navigational safety on the Lower Mississippi River and related waterways. The meeting will be open to the public.
Special Community Disaster Loans Program
This interim rule implements the Special Community Disaster Loans Program authorized in the Community Disaster Loan Act of 2005 (2005 Act). This interim rule describes the procedures and requirements for a program designed to provide loans for essential services to local governments that have experienced a loss in revenue due to a major disaster. These regulations do not apply to the traditional Community Disaster Loans Program which is permanently authorized.
Texas; Amendment No. 1 to Notice of an Emergency Declaration
This notice amends the notice of an emergency declaration for the State of Texas (FEMA-3216-EM), dated September 2, 2005, and related determinations.
Louisiana; Amendment No. 7 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Louisiana (FEMA-1607-DR), dated September 24, 2005, and related determinations.
Texas; Amendment No. 5 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Texas (FEMA-1606-DR), dated September 24, 2005, and related determinations.
Texas; Amendment No. 4 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Texas (FEMA-1606-DR), dated September 24, 2005, and related determinations.
Alabama; Amendment No. 7 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Alabama (FEMA-1605-DR), dated August 29, 2005, and related determinations.
Louisiana; Amendment No. 4 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Louisiana (FEMA-1603-DR), dated August 29, 2005, and related determinations.
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 October 1, 2005, the interest rates for overpayments will be 6 percent for corporations and 7 percent for non-corporations, and the interest rate for underpayments will be 7 percent. This notice is published for the convenience of the importing public and Customs and Border Protection personnel.
Security Zones; Port Valdez and Valdez Narrows, Valdez, AK
The Coast Guard is continuing temporary security zones encompassing the Trans-Alaska Pipeline (TAPS) Valdez Terminal Complex, Valdez, Alaska and TAPS Tank Vessels and Valdez Narrows, Port Valdez, Alaska, and is reducing the size of one of these zones. These temporary security zones will remain effective until January 12, 2006, while we complete a separate rulemaking to create permanent security zones in these locations.
National Maritime Security Advisory Committee
The National Maritime Security Advisory Committee (NMSAC) will hold a meeting to discuss various issues relating to national maritime security. This notice announces the date, time, and location for the meeting of the NMSAC.
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