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

In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to seek the approval of OMB for the renewal of an Information Collection Request (ICR). The ICR is 1625-0073, Alteration of Unreasonably Obstructive Bridges Under the Truman-Hobbs (T-H) Act. Before submitting the ICR to OMB, the Coast Guard is inviting comments on them as described below.

The Coast Guard has set the calendar year 2006 minimum random drug testing rate at 50 percent of covered crewmembers. Based upon an evaluation of the 2004 Management Information System (MIS) data collection forms submitted by marine employers, we will maintain the minimum random drug testing at 50 percent of covered crewmembers for the calendar year 2006. The purpose of setting a minimum random drug testing rate is to establish a measure of deterrence for the illegal use of controlled substances.

The Coast Guard has established a permanent regulated navigation area on the Chicago Sanitary and Ship Canal on the Illinois Waterway near Romeoville, IL. This permanent regulated navigation area places 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.

In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to seek the approval of OMB for the renewal of an Information Collection Request (ICR). The ICR is 1625-0048, Vessel Reporting Requirements. Before submitting the ICRs to OMB, the Coast Guard is inviting comments on them as described below.

The Transportation Security Administration (TSA) announces that the Aviation Security Advisory Committee (ASAC) was renewed on November 28, 2005. The Secretary of the Department of Homeland Security has determined that renewal of the ASAC is necessary and in the public interest in connection with the performance of duties of TSA. This determination follows consultation with the Committee Management Secretariat, General Services Administration (GSA), who is responsible for monitoring and reporting executive branch compliance with the Federal Advisory Committee Act (FACA).

This notice serves to withdraw the previous Federal Register notice on this subject, published May 25, 2005 (70 FR 30132), and supersedes all information contained in that notice. TSA is coordinating the collection of information concerning surface transportation modes within the nation's public and private port terminals and facilities, in order to develop a full understanding of critical links and dependences to maritime transportation modes within each port. TSA invites public comment on the new information collection requirements abstracted below that will be submitted to the Office of Management and Budget (OMB) for approval in compliance with the Paperwork Reduction Act.

The Coast Guard has changed the drawbridge operation regulations for the Metro-North Bridge, at mile 1.0, across the Mianus River at Greenwich, Connecticut. This final rule requires the bridge to open on signal from 9 p.m. to 5 a.m., after an advance notice is given. The bridge previously did not open for vessel traffic between 9 p.m. and 5 a.m., daily. This action is expected to better meet the present needs of navigation.

The Coast Guard proposes to change the regulations that govern the operation of the Route 35 Bridge, at New Jersey Intracoastal Waterway (NJICW) mile 1.1, across the Manasquan River, at Brielle, New Jersey. The proposal will allow the drawbridge to provide vessel openings upon four hours advance notice from December 1 to March 31. This proposal will reduce draw tender services during the non-peak boating season while still providing for the reasonable needs of navigation.

This technical amendment makes non-substantive changes throughout chapters I of title 33 and title 46 of the Code of Federal Regulations. The purpose of this amendment is to change the address of the United States Coast Guard Marine Safety Center as it appears in Coast Guard regulations. This rule will have no substantive effect on the regulated public.

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. 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: Exemption of State-Owned Properties Under Self-Insurance Plan. OMB Number: 1660-0013. Abstract: The application for exemption is made to the Federal Insurance Administration by the Governor or other duly authorized official of the State accompanied by sufficient supporting documentation which certifies that the plan of self-insurance upon which the application for exemption is based meets or exceeds the standards set forth in 44 CFR 75.11. Upon determining that the State's plan of self-insurance equals or exceeds the standards, the Administrator then certifies that the State is exempt from the requirements for the purchase of flood insurance for State-owned structures and their contents. Affected Public: Individuals or households; Business or other for- profit; Not-for-profit institutions; Farms; Federal Government: State, Local or Tribal Government. Number of Respondents: 20. Estimated Time per Respondent: 5 hours. Estimated Total Annual Burden Hours: 100. Frequency of Response: Once. 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 January 19, 2006.

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. 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 for Participation in the National Flood Insurance Program. OMB Number: 1660-0004. Abstract: The NFIP provides flood insurance to communities that apply for participation and make a commitment to adopt and enforce land use control measures that are designed to protect development from future flood damages. The application form will enable FEMA to continue to rapidly process new community applications and to thereby more quickly provide flood insurance protection to the residents of the communities. Participation in the NFIP is mandatory in order for flood related Presidentially-declared communities to receive Federal disaster assistance. Affected Public: State, local or Tribal Governments. Number of Respondents: 150. Estimated Time per Respondent: 4 Hours. Estimated Total Annual Burden Hours: 600 Hours. Frequency of Response: Once. 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 January 19, 2006.

The Coast Guard announces the stand-up of Sector Houston- Galveston. Sector Houston-Galveston is an internal reorganization to combine Group Galveston, Base Galveston, Vessel Traffic Service Houston-Galveston, Marine Safety Office Houston-Galveston including Marine Safety Unit Galveston and Marine Safety Office Port Arthur including Marine Safety Unit Lake Charles into one command. The Coast Guard has established a continuity of operations order whereby all previous practices and procedures will remain in effect until superseded by an authorized Coast Guard official and/or document.

The Coast Guard is changing existing permanent security zones in designated waters adjacent to the islands of Oahu, Maui, Hawaii, and Kauai, Hawaii. These revised security zones are necessary to protect personnel, vessels, and facilities from acts of sabotage or other subversive acts, accidents, or other causes of a similar nature and will extend from the surface of the water to the ocean floor. Some of the revised security zones are continuously activated and enforced at all times, while others are activated and enforced only during heightened threat conditions. Entry into these Coast Guard security zones while they are activated and enforced is prohibited unless authorized by the Captain of the Port.

The Department of Homeland Security (DHS) is soliciting public comment on the Office of Systems Engineering and Development SAFECOM Interoperability Baseline Survey.

TSA invites public comment on the new information collection requirement abstracted below that will be submitted to the Office of Management and Budget (OMB) in compliance with the Paperwork Reduction Act of 1995.

The Coast Guard is establishing a temporary regulated navigation area from the entrance of East Rockaway Inlet to the Atlantic Beach Bridge, Nassau County, New York. This regulated navigation area restricts passage of commercial vessels carrying petroleum products with a loaded draft in excess of five feet. Significant shoaling in this area has reduced the depths of the navigable channel and has increased the risk of vessels with drafts of greater than five feet carrying petroleum products as cargo grounding in the channel, and the potential for a significant oil spill.

The Coast Guard is amending its regulations governing marine casualty reporting requirements by adding ``significant harm to the environment'' as a reportable marine casualty, and by requiring certain foreign flag vessels, such as oil tankers, to report marine casualties that occur in waters subject to U.S. jurisdiction, but beyond U.S. navigable waters, when those casualties involve material damage affecting the seaworthiness or efficiency of the vessel, or significant harm to the environment. These changes are required by the Oil Pollution Act of 1990.

This document contains corrections to the notice of proposed rulemaking published in the Federal Register on November 3, 2005. The proposed rule would revise Coast Guard pollution prevention equipment regulations to make them consistent with new International Maritime Organization (IMO) guidelines and specifications issued under the International Convention for the Prevention of Pollution from Ships (MARPOL) Annex I.