Department of Homeland Security 2005 – Federal Register Recent Federal Regulation Documents
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Privacy Impact Assessment and Privacy Policy
Pursuant to the E-Government Act of 2002, the Department of Homeland Security, Bureau of Customs and Border Protection, is publishing a privacy impact assessment and privacy policy concerning the Advanced Passenger Information System.
Directorate of Information Analysis and Infrastructure Protection (IAIP); Open Meeting of the Telecommuncations Service Priority System Oversight Committee (TSP OC)
The Telecommunications Service Priority System Oversight Committee (TSP OC) will meet on Tuesday, May 3, 2005, from 9 a.m. to 12 noon at the offices of the U.S. Department of Homeland Security (DHS) National Communications System (NCS) in Arlington, Virginia. This meeting is open to the public. Limited seating will be available. Reservations are necessary for access to the NCS facility and meeting location. The TSP OC identifies and reviews any problems developing in the TSP System and recommends actions to correct them or prevent recurrence.
Chemical Transportation Advisory Committee
The Chemical Transportation Advisory Committee (CTAC) and its Hazardous Cargo Transportation Security (HCTS) Subcommittee will meet to discuss various issues relating to the marine transportation of hazardous materials in bulk. These meetings will be open to the public.
Maine; Emergency and Related Determinations
This is a notice of the Presidential declaration of an emergency for the State of Maine (FEMA-3206-EM), dated March 14, 2005, and related determinations.
Maine; Emergency and Related Determinations
This is a notice of the Presidential declaration of an emergency for the State of Maine (FEMA-3205-EM), dated March 14, 2005, and related determinations.
Alaska; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the State of Alaska (FEMA-1584-DR), dated March 14, 2005, and related determinations.
Ohio; Amendment No. 3 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Ohio (FEMA-1580-DR), dated February 15, 2005, and related determinations.
Ohio; Amendment No. 2 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Ohio (FEMA-1580-DR), dated February 15, 2005, and related determinations.
California; Amendment No. 1 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of California (FEMA-1577-DR), dated February 4, 2005, and related determinations.
Indiana; Amendment No. 6 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Indiana (FEMA-1573-DR), dated January 21, 2005, and related determinations.
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: Implementation of Coastal Barrier Resources Act. OMB Number: 1660-0010. Abstract: When an application for flood insurance is submitted for buildings located in Coastal Barrier Resources (CBRS) communities, one of the following types of documentation must be submitted as evidence of eligibility:
Proposed Flood Elevation 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).
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.
National Boating Safety Advisory Council; Charter Renewal
The Secretary of Homeland Security has renewed the charter of the National Boating Safety Advisory Council (NBSAC) for 2 years from January 17, 2005, until January 17, 2007. NBSAC is a committee under the Federal Advisory Committee Act, 5 U.S.C. App. 2, that advises the Coast Guard on the need for Federal regulations and other major boating safety matters.
Special Local Regulations: Annual Fort Myers Beach Air Show, Fort Myers Beach, FL
The Coast Guard proposes to establish permanent special local regulations for the Fort Myers Beach Air Show, Fort Myers Beach, Florida. This event is proposed to be held annually on the second Friday, Saturday, and Sunday of May between 8:30 a.m. and 4:30 p.m. EDT (Eastern Daylight Time). This proposed regulation is needed to restrict persons and vessels from entering the sterile zone (air box) below the aerial demonstration and restrict vessels from mooring/anchoring or transiting within the surrounding regulated area with the exception of the Matanzas Pass Channel. This proposed rule is necessary to ensure the safety of life for the participating aircraft, spectators, and mariners in the area on the navigable waters of the United States.
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: Flood Awareness, Attitude and Usage Study. OMB Number: 1660-NEW7. Abstract: The Flood Awareness, Attitude and Usage Survey is the evaluative tool of the NFIP's FloodSmart marketing campaign. The study assesses the overall impact of the campaign elements (i.e. advertising recall, media exposure, etc.) on property owners' perceptions of flood insurance. Data findings are combined with additional program data to measure the sale and retention of flood insurance policies in meeting the program's goal of a 5 percent net growth annually. Findings will be used primarily to plan for the subsequent 2005 campaign, and will be combined with additional program metrics for further performance evaluation. Affected Public: Individuals or households. Number of Respondents: 800 respondents. Estimated Time per Respondent: 20 minutes. Estimated Total Annual Burden Hours: 264 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 May 2, 2005.
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 revised information collection. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)), this notice seeks comments concerning the collection of information from States and local communities seeking flood insurance premium discounts through the Community Rating System Program (CRS).
Agency Information Collection Activities: Submission for OMB Review; Comment Request
The Federal Emergency Management Agency (FEMA) has submitted the following information collection request 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: Pre-Disaster Mitigation (PDM) Grant Program/eGrants. OMB Number: 1660-0071. Abstract: FEMA uses the PDM program eGrants application, evaluation, and award process to provide Federal grant assistance to grantees (State and federally-recognized tribal government) who administer grant awards for sub-grantee applicants (State-level agencies, federally recognized Indian Tribal governments, local governments, public colleges and universities, tribal colleges and universities, and regional planning districts and councils of governments). Private-non-profit (PNP) organizations and private colleges and universities are not eligible sub-applicants; however, a relevant State agency or local government may apply to the grant applicant for assistance on their behalf. The grant assistance must be used to: develop mitigation plans in accordance with section 322 of the Disaster Mitigation Act of 2000, implement pre-disaster mitigation projects that reduce the risks of natural and technological hazards on life and property, and provide information and technical assistance on cost-effective mitigation activities. Affected Public: State, local or tribal government. Number of Respondents: 56 States. Number of Responses: 1,176. Estimated Time per Respondent: FEMA has estimated the burden associated with this information collection request as follows: Pre-Disaster Mitigation (PDM) Program eGrantsGrant Supplemental InformationSub-grant applications. Benefit Cost Determination5 hours per response. Environmental Review7.5 hours per response. Project Narrative (including PDM Evaluation Information Questions)12 hours per response. Estimated Total Annual Burden Hours: 50,887. Frequency of Response: On occasion and quarterly. Comments: Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for the Department of Homeland Security/Emergency Preparedness and Response Directorate/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 May 2, 2005.
Agency Information Collection Activities: Submission for OMB Review; Comment Request
The Federal Emergency Management Agency (FEMA) has submitted the following information collection request 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: Flood Mitigation Assistance (eGrants) and Grant Supplemental Information. OMB Number: 1660-0072. Abstract: FEMA uses the FMA program eGrants application, evaluation, and award process to provide Federal grant assistance to grantees for three types of grantsPlanning, Project, and Technical Assistance. FMA Planning Grants are available to States, National Flood Insurance Program (NFIP) participating communities, and Indian tribal governments to prepare Flood Mitigation Plans. FMA Project Grants are available to States, NFIP participating communities, and Indian tribal governments to implement measures to reduce flood losses. Ten percent of the Project Grant is made available to States, NFIP participating communities, Indian tribal governments, and communities in non- participating States as a Technical Assistance Grant. The National Flood Insurance Reform Act (42 U.S.C. 1366), as amended by the Bunning- Bereuter-Blumenauer Flood Insurance Reform Act of 2004, (Pub. L. 108- 264) authorizes the Flood Mitigation Assistance program. The FMA program is designed to award grants to States, NFIP participating communities, and Indian tribal governments so that measures can be taken to reduce or eliminate the long-term risk of flood damage to buildings, manufactured homes, and other structures insurable under the National Flood Insurance Program. FEMA encourages the use of FMA eGrants applications described in this notice; however, applicants may also use the Agency's grant administration paper-based forms currently under OMB control number 1660-0025 to apply. Affected Public: State, local or tribal government and not for profit institutions. Number of Respondents: 56 States. Number of Responses: 280. Estimated Time per Respondent: FEMA has estimated the burden associated with this information collection request as follows: Flood Mitigation Assistance (FMA) Program eGrantsGrant Supplemental InformationSub-grant applications. Benefit Cost Determination5 hours per response. Environmental Review7.5 hours per response. Project Narrative12 hours per response. Estimated Total Annual Burden Hours: 4,088. Frequency of Response: On occasion and quarterly. Comments: Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for the Department of Homeland Security/Emergency Preparedness and Response Directorate/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 May 2, 2005.
Final Flood Elevation Determinations
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).
Final Flood Elevation Determinations
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).
Proposed Flood Elevation 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 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).
Proposed Flood Elevation 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).
Changes in Flood Elevation Determinations
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.
Changes in Flood Elevation Determinations
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.
Directorate of Information Analysis and Infrastructure Protection (IAIP); Open Meeting of National Infrastructure Advisory Council (NIAC)
The National Infrastructure Advisory Council (NIAC) will meet on Tuesday, April 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.
Interpretive Rule Concerning Classification of Baseball-Style Caps With Ornamental Braid
This document concerns the proper classification under the Harmonized Tariff Schedule of the United States (HTSUS) of baseball- style caps featuring ornamental braid located between peak and crown. In an effort to achieve uniformity in the classification of this commodity, Customs and Border Protection (CBP) has adopted as final a proposed interpretive rule whereby ornamental braid on a baseball-style cap, located between peak and crown in a width of \1/8\ of an inch or greater, will render the cap classifiable in the HTSUS as ``wholly or in part of braid.'' Conversely, such braid in a width of less than \1/ 8\ of an inch will result in a cap being classifiable in the HTSUS as ``not in part of braid.''
Announcement of Change to Merchandise Eligibility Requirements for Participation in Remote Location Filing Prototype Two
This notice announces a change to the merchandise eligibility requirements for participation in Remote Location Filing (RLF) Prototype Two. RLF will now be permitted for cargo that will be moved using immediate transportation (IT) and transportation and export (T & E) in-bond procedures. CBP has determined that the security risks previously associated with in-bond transactions have been greatly reduced due to the significant security and cargo-processing gains accomplished by the advance cargo information regulations set forth in CBP Dec. 03-32, published in the Federal Register (68 FR 68140) on December 5, 2003. CBP also realizes that as in-bond transactions are a mainstay of international transactions, permitting RLF in an in-bond context will enhance the Prototype's usefulness to the trade while simultaneously furthering CBP's modernization objectives.
Tuna-Tariff-Rate Quota
Each year the tariff-rate quota for tuna described in subheading 1604.14.22, HTSUS, is based on the apparent United States consumption of tuna in airtight containers during the preceding Calendar Year. This document sets forth the tariff-rate quota for Calendar Year 2005.
Notice of Waterways Analysis and Management Systems Studies, Upper Chesapeake Bay, Including the Chesapeake and Delaware Canal
The Coast Guard announces that Waterways Analysis and Management System (WAMS) studies are being planned for the Upper Chesapeake Bay, including the Chesapeake and Delaware Canal. The Coast Guard solicits comments on the specific waterways presented in this document so we can complete our WAMS studies. The goals of the studies are to analyze the waterway and aids to navigation, and then develop a plan to address any proposed changes and concerns.
Safety Zone; Mission Creek Waterway, China Basin, San Francisco Bay, CA
The Coast Guard is establishing a temporary safety zone in the navigable waters of the Mission Creek Waterway in China Basin surrounding the construction site of the Fourth Street Bridge, San Francisco, California. This temporary safety zone is necessary to protect persons and vessels from hazards associated with bridge construction activities. The safety zone temporarily prohibits use of the Mission Creek Waterway surrounding the Fourth Street Bridge during construction unless authorized by the Captain of the Port, or his designated representative.
Security Zone; Cape Fear River, Eagle Island, North Carolina State Port Authority Terminal, Wilmington, NC
The Coast Guard is establishing a temporary security zone at the North Carolina State Port Authority (NCSPA), Wilmington to include the Cape Fear River and Eagle Island. Entry into or movement within the security zone will be prohibited without authorization from the COTP. This action is necessary to safeguard the vessels and the facility from sabotage, subversive acts, or other threats.
Safety Zones; Fireworks Displays Within the Fifth Coast Guard District
The Coast Guard proposes to establish 34 permanent safety zones for fireworks displays at various locations within the geographic boundary of the Fifth Coast Guard District. This action is necessary to protect the life and property of the maritime public from the hazards posed by fireworks displays. Entry into or movement within these proposed zones during the enforcement periods is prohibited without approval of the appropriate Captain of the Port.
Drawbridge Operation Regulations: Housatonic River, CT
The Commander, First Coast Guard District, has issued a temporary deviation from the drawbridge operation regulations for the U.S. 1 Bridge, mile 3.5, across the Housatonic River at Stratford, Connecticut. Under this temporary deviation only one of the two-bascule leafs at the bridge need open for the passage of vessel traffic from April 1, 2005 through May 27, 2005. Two-leaf, full bridge openings, will be provided upon three days advance notice. This temporary deviation is necessary to facilitate rehabilitation repairs at the bridge.
Recreational Boating Safety Projects, Programs and Activities Funded Under Provisions of the Transportation Equity Act for the 21st Century; Accounting of
For each of 6 fiscal years starting in 1999, the Transportation Equity Act for the 21st Century has made $5 million available to the Secretary of Transportation for payment of Coast Guard expenses for personnel and activities directly related to coordinating and carrying out the national recreational boating safety program. This notice is being published to satisfy a requirement of the Act that a detailed accounting of the projects, programs, and activities funded under the national recreational boating safety program provision of the Act be published annually in the Federal Register. In this notice we have specified the amount of monies the Coast Guard has committed, obligated or expended during fiscal year 2004, as of September 30, 2004.
Safety Zone; National Cherry Blossom Festival Fireworks Display, Potomac River, Washington, DC
The Coast Guard is establishing a temporary safety zone on the Upper Potomac River in the Washington Channel, Washington, DC. This safety zone is necessary to provide for the safety of life and property during a fireworks display being held during the annual National Cherry Blossom Festival in Washington, DC. This safety zone will restrict the movement of vessel traffic in the immediate area of the fireworks discharge site.
Drawbridge Operation Regulations; Chelsea River, MA
The Coast Guard proposes to temporarily change the drawbridge operating regulations governing the operation of the P.J. McArdle Bridge, mile 0.3, across the Chelsea River between East Boston and Chelsea, Massachusetts. This proposed rule would allow the bridge to remain closed from 9 a.m. to 5 p.m. on June 18, 2005, to facilitate the second Annual Chelsea River Revel 5K Road Race. Vessels that can pass under the bridge without a bridge opening may do so at all times.
Anchorage Grounds, Hampton Roads, VA
The Coast Guard proposes to revise the anchorage regulations in the Port of Hampton Roads. Infrastructure improvements and increases in vessel traffic and draft entering the port have prompted this proposed rulemaking. The proposed changes to this regulation will ensure that the Hampton Roads Anchorage Grounds continue to safely support current and future vessel anchoring demands. This supplemental notice of proposed rulemaking (SNPRM) discusses changes made to Anchorages J, K, and, L since publication of the notice of proposed rulemaking (NPRM) in the Federal Register on September 27, 2004 (69 FR 57656). The changes are explained in the section titled ``Discussion of Proposed Rule'' section of this document.
Reports, Forms, and Record Keeping Requirements: Agency Information Collection Activity Under OMB Review; Flight Training for Aliens and Other Designated Individuals; Security Awareness Training for Flight School Employees
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 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 November 26, 2004, 69 FR 68952.
Drawbridge Operation Regulations: Taunton River, MA
The Coast Guard has changed the drawbridge operation regulations that govern the operation of the Brightman Street Bridge, mile 1.8, across the Taunton River between Fall River and Somerset, Massachusetts. This final rule allows the bridge to remain closed for the passage of pleasure craft traffic from 7 a.m. to 9:30 a.m. and 4 p.m. to 6:30 p.m., Monday through Friday, except holidays, from June 1 through August 31. The draw shall open on signal at all times for commercial vessel traffic. This action is expected to help relieve vehicular traffic delays during the morning and afternoon commuter time periods while continuing to meet the reasonable needs of navigation.
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 in the closed position from April 7, 2005 through April 8, 2005, and from April 13, 2005 through April 15, 2005. This temporary deviation is necessary to facilitate bridge maintenance.
Drawbridge Operation Regulations: Long Island, New York Inland Waterway From East Rockaway Inlet to Shinnecock Canal, NY
The Coast Guard has changed the drawbridge operation regulations that govern the operation of the Long Beach Bridge, at mile 4.7, across Reynolds Channel New York. This final rule allows the Long Beach Bridge to remain closed from 10 p.m. to midnight on July 3 each year. This rule is necessary to facilitate public safety during the annual fireworks display at Town Park on Lookout Point, New York.
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