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

The Coast Guard announces the availability of and seeks comments on the application for recertification submitted by the Cook Inlet Regional Citizen's Advisory Council (CIRCAC) for September 1, 2005, through August 31, 2006. Under the Oil Terminal and Tanker Environmental Oversight Act of 1990, the Coast Guard may certify on an annual basis, an alternative voluntary advisory group in lieu of a Regional Citizens' Advisory Council for Cook Inlet, Alaska. The current certification for CIRCAC will expire August 31, 2005.

The Coast Guard is establishing a temporary safety zone for the 2005 Mentor Harbor Offshore Powerboat Race. The safety zone is necessary to ensure the safety of the people participating in this event on July 10, 2005. The safety zone will restrict vessels from portions of the southern shore of Lake Erie.

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 and modified 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).

This interim rule lists communities where modification of the Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because of new scientific or technical data. New flood insurance premium rates will be calculated from the modified BFEs for new buildings and their contents.

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: Community Rating System (CRS) Program Application Worksheets and Commentary. OMB Number: 1660-0022. Abstract: The Community Ratings System (CRS), designed by the Federal Emergency Management Agency as part of the National Flood Insurance Program (NFIP), provides flood insurance premium discounts to communities that undertake activities that will mitigate flooding and flood damage beyond the minimum standards required by the NFIP. Communities select approved activities they want to get credit for either as a first time or continuing participant. Affected Public: State, local or tribal governments. Number of Respondents: 1,200 respondents/communities. Estimated Time per Respondent: 31 hours for the Application and 4 hours for the Annual Recertification for a total of 35 hours. Estimated Total Annual Burden Hours: 11,280 hours. Frequency of Response: Annually. 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 July 28, 2005.

The National Infrastructure Advisory Council (NIAC) will meet on Tuesday, July 12, 2005, from 1:30 p.m. to 4:30 p.m. at the National Press Club in Washington DC. The meeting will be open to the public. Limited seating will be available. Reservations are not accepted. The NIAC advises the President of the United States on the security of critical infrastructures which include banking and finance, transportation, energy, manufacturing, and emergency government services. At this meeting, the NIAC will be briefed on the status of several Working Group activities in which the Council is currently engaged.

The Coast Guard is establishing temporary moving Safety Zones around the Tall Ships participating in the Tacoma Tall Ships 2005 Parade of Sail and simulated cannon battle events. The Safety Zones will be in effect in Quartermaster Harbor and Commencement Bay, Washington. These actions are necessary to provide for the safety of life and property on the navigable waters in Quartermaster Harbor and Commencement Bay, Washington for the participating Tall Ships during Tacoma Tall Ships 2005. This rule will temporarily restrict vessel traffic in portions of Quartermaster Harbor and Commencement Bay, Washington.

The Coast Guard is establishing safety zones on the waters of the Suislaw, Willamette, Columbia, Coos, and Chehalis Rivers, located in the Area of Responsibility of the Captain of the Port, Portland, Oregon, during fireworks displays. The Captain of the Port, Portland, Oregon, is taking this action to safeguard watercraft and their occupants from safety hazards associated with these displays. Entry into these safety zones is prohibited unless authorized by the Captain of the Port.

This notice informs the public of issues related to recent legislation requiring owners and operators of nontank vessels to prepare plans for responding to discharges of oil from their vessels. These issues include questions on the size of the population of vessels affected and enforcement of the legislation by the Coast Guard. The notice also discusses Coast Guard's efforts to engage the regulated community at the earliest stages and to encourage early public participation in the process of responding to this new legislation.

The Coast Guard seeks applications for membership on the Navigation Safety Advisory Council (NAVSAC). NAVSAC provides advice and makes recommendations to the Secretary on matters relating to prevention of collisions, groundings, and rammings.

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 clearance 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 November 22, 2004, 69 FR 67933.

The Transportation Security Administration is amending the Privacy Act System of Records for the Secure Flight Test Records system (DHS/TSA 017) and the Privacy Impact Assessment for the Secure Flight Test Phase.

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 clearance 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 January 26, 2005, 70 FR 3726.

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 and modified 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).

This interim rule lists communities where modification of the Base (1% annual chance) Flood Elevations (BFEs) is appropriate because of new scientific or technical data. New flood insurance premium rates will be calculated from the modified BFEs for new buildings and their contents.

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).

The Coast Guard is establishing special local regulations for the navigable waters of San Francisco Bay dealing with the loading, transport, and launching of fireworks used during a fireworks display to be held after a San Francisco Giants baseball game on July 19, 2005. These special local regulations are intended to prohibit vessels and people from entering into or remaining within the regulated areas in order to ensure the safety of participants and spectators.

The Coast Guard is establishing a temporary safety zone for the Salem Celebrate the Fourth fireworks on July 4, 2005 in Salem, Massachusetts. The safety zone will prohibit entry into or movement within this portion of Salem Harbor during its effective period.

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: Name: Board of Visitors (BOV) for the National Fire Academy. Dates of Meeting: July 12-13, 2005. Place: Building H, Room 300, National Emergency Training Center, Emmitsburg, Maryland. Time: July 12, 8:30 a.m.5 p.m., and July 13, 8:30 a.m.4 p.m. Proposed Agenda: Review National Fire Academy Program Activities.

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: Fire Management Assistance Grant Program. OMB Number: 1660-0058. Abstract: The collection of information is used by both State and FEMA Regional staff to facilitate the declaration request and grant administration processes of FMAGP, as well as end of year internal reporting of overall declaration requests and estimated grant outlays. The following information collections are used: FEMA-State Agreement and Amendment. Federal assistance under Section 420 of the Stafford Act must be provided in accordance with the FEMA-State Agreement for FMAGP. The State Governor and the Regional Director must sign the Agreement, which contains the necessary terms and conditions consistent with the provisions of applicable laws, executive orders, and regulations, and specifies the type and extent of Federal assistance to be provided. The Agreement is an annual agreement applicable only for the calendar year in which it is signed. Amendments to the FEMA-State Agreement may be executed throughout the calendar year as necessary. One amendment, Exhibit E, must be completed upon each approval of a fire management assistance declaration. Exhibit E confirms the name, incident period, location, and official designation number of the fire. Other amendments modifying the standing agreement may be added throughout the year to reflect changes in the program or signatory parties. FEMA Form 90-133, Request for Fire Management Assistance Subgrant, is used by State, local and tribal governments to state their interest in applying for sub-grants under a approved fire management assistance grant. The form provides essential subgrantee contact information. FEMA Form 90-58, Request for Fire Management Assistance Declaration, is used by the State to provide information in support of its request for a fire management assistance declaration. This form must be completed by the Governor or Governor's Authorized Representative (GAR) and forwarded to FEMA's Regional Director for review and transmittal to FEMA's National Office in Washington DC. Additional supporting information may be furnished by the State or requested by FEMA after the initial request has been received. FEMA Form 90-32, Principal Advisor's Report, form is used to provide FEMA with technical assessment of a fire or fire complex for which the State is requesting a fire management assistance declaration. FEMA will review all information submitted in the State's request along with the Principal Advisor's assessment and Regional summary and will render a determination. A State Administrative Plan for FMAGP must be developed by the State for the administration of fire management assistance grants. The plan must describe the procedures for the administration of FMAGP, designate the State agency to serve as Grantee, and ensure State compliance with the provisions of law and regulation applicable to fire management assistance grants. The plan must also identify staffing functions, the sources of staff to fill these functions, and the management and oversight responsibilities of each. The plan should describe the procedures to notify potential applicants of the availability of the program, assist FEMA in determining applicant eligibility, review PWs, process payment of subgrants, and audit and reconcile subgrants. The plan should also outline the processes to be used to facilitate close-out of the fire management assistance grant in accordance with 44 CFR part 13, subpart D. The Regional Director must ensure that the State has an up-to-date Administrative Plan or approve a new plan prior to approval of the SF 424. The State may request the Regional Director to provide technical assistance in the preparation of the State Administrative Plan. Training sessions are provided primarily for Regional staff and State officials who administer FMAGP for the purpose of instructing and updating attendees on the laws, regulations, policies, and process that govern the program, as well as to discuss any program issues. Appeals. When a State's request for a fire management assistance declaration is denied, the Governor of a State or GAR may appeal the decision in writing pursuant to 44 CFR 204.26. The State may submit this one-time request for reconsideration in writing, with additional information, to the Director, Recovery Division. The appeal must be submitted within 30 days of the date of the letter denying the State's/ Indian tribal government's request. A time extension of 30 days may be granted by the Director if the Governor or GAR submits a written request for a time extension within the 30-day period. Similarly, applicants may appeal any cost or eligibility determination under an approved declaration within 60 days after receipt of the notice of the action that is being appealed. The request must be submitted in writing to FEMA through the Grantee in accordance with the appeal procedures detailed in 44 CFR 204.60. Appeals usually consist of a letter briefly describing the reason for the appeal and any new supporting documentation the State or applicant submits to FEMA for review. Duplication of Benefits. Applicants are required to notify FEMA of all benefits, actual or anticipated, received from other sources for the same loss for which they are applying to FEMA for assistance. Notification can be accomplished in a letter, accompanied by supporting documentation. Affected Public: State, local or tribal government and Federal government. Number of Respondents: 36. Estimated Time per Respondent:

As part of its continuing effort to reduce paperwork and respondent burden, CBP invites the general public and other Federal agencies to comment on an information collection requirement concerning the Crews Effects Declaration. This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13; 44 U.S.C. 3505(c)(2)).

The Bureau of Customs and Border Protection (CBP) of the Department of Homeland Security has submitted the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995: Certificate of Origin. This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with no change to the burden hours. This document is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register (70 FR 19496) on April 13, 2005, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10.