Department of Homeland Security February 2006 – Federal Register Recent Federal Regulation Documents

This document provides required notice of substantive rules issued by the Coast Guard and temporarily effective between April 1, 2005 and September 30, 2005 that were not published in the Federal Register. This quarterly notice lists temporary local regulations, temporary drawbridge operation regulations, security zones, and safety zones, all of limited duration and for which timely publication in the Federal Register was not possible.

Pursuant to the Privacy Act of 1974, the Department of Homeland Security gives notice that its Federal Emergency Management Agency proposes to establish a System of Records, entitled the Letter of Map Amendment system, DHS/FEMA/NFIP/LOMA-1. This system of records will contain individually identifying information voluntarily provided by applicants for Letters of Map Amendments to exclude properties from special flood hazard area maps when appropriate.

On August 8, 2005, the Federal Energy Regulatory Commission (FERC) requested Dominion Cove Point Liquefied Natural Gas (LNG) Limited Partnership to prepare a Waterway Suitability Assessment (WSA) for the proposed Cove Point LNG Expansion Project to be submitted to the United States Coast Guard in accordance with the Navigation and Vessel Inspection Circular (NVIC) 05-05. The purpose of the WSA is to identify credible security threats and safety hazards associated with increased LNG marine transportation in the Chesapeake Bay and identify appropriate risk management measures. The Coast Guard Captain of the Port, Baltimore, and the Captain of the Port, Hampton Roads, received the WSA from Dominion Cove Point on January 17, 2006. The conclusions of the WSA are included in this notice. The Coast Guard solicits public comments on these conclusions to consider when preparing recommendations to FERC for inclusion in their final Environmental Impact Statement (EIS) regarding the suitability of the Chesapeake Bay for increased LNG traffic.

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 extension of a currently approved information collection. In accordance with the Paperwork Reduction Act of 1995, this notice seeks comments concerning the information collection outlined in 44 CFR part 61, as it pertains to application for National Flood Insurance Program (NFIP) insurance.

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).

Modified Base (1% annual-chance) Flood Elevations (BFEs) are finalized for the communities listed below. These modified elevations will be used to calculate flood insurance premium rates for new buildings and their contents.

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 Houston/Galveston Navigation Safety Advisory Committee (HOGANSAC) and its working groups will meet to discuss waterway improvements, aids to navigation, area projects impacting safety on the Houston Ship Channel, and various other navigation safety matters in the Galveston Bay area. All meetings will be open to the public.

The Commander, First Coast Guard District, has issued a temporary deviation from the drawbridge operation regulations governing the operation of the AMTRAK Old Saybrook-Old Lyme Bridge, across the Connecticut River at mile 3.4, at Old Lyme, Connecticut. This deviation from the regulations allows the bridge to operate on a fixed schedule for bridge openings from February 4, 2006 through March 6, 2006, and also authorizes one 12-hour and two 72-hour bridge closures. This deviation is necessary in order to facilitate scheduled bridge maintenance.

This Notice announces an extension of the deadline for implementation of Section 7105 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users. This provision requires operators of commercial motor vehicles registered to operate in Canada or Mexico who transport placarded loads of hazardous materials or any quantity of a material listed as a select agent or toxin in 42 CFR part 73 within the United States to undergo a background check similar to that required for U.S. operators with a hazardous materials endorsement. The Transportation Security Administration is extending the implementation deadline for the requirements under Section 7105 from February 10, 2006 to August 10, 2006, unless the Transportation Security Administration issues a Notice or other regulatory action before that date with an earlier date for implementing the requirements under the statute.

The Coast Guard proposes to amend the special local regulations at 33 CFR 100.533, established for the ``Maryland Swim for Life'' held annually on the waters of the Chester River, near Chestertown, Maryland by changing the event date to the third Saturday in June. This proposed rule is intended to restrict vessel traffic in portions of the Chester River and is necessary to provide for the safety of life on navigable waters during the event.

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 four Information Collection Requests (ICRs). The ICRs are: (1) 1625- 0047, Plan Review and Records for Vital System Automation; (2) 1625- 0063, Marine Occupational Health and Safety Standards for Benzene46 CFR 197 Subpart C; (3) 1625-0070, Vessel Identification System; and (4) 1625-0084, Audit Reports under the International Safety Management Code. Before submitting the ICRs to OMB, the Coast Guard is inviting comments on them as described below.

The Commander, Fifth Coast Guard District, has approved a temporary deviation from the regulations governing the operation of the New Jersey Transit Railroad Drawbridge, at mile 0.9, across the South Channel of the Shark River at Belmar, New Jersey, south of Avon. To facilitate electrical repairs, this deviation allows the drawbridge to remain closed-to-navigation from 11 p.m. on February 10, 2006, until 12 p.m. (noon) on February 11, 2006, and from 11 p.m. on February 24, 2006, until 12 p.m. (noon) on February 25, 2006. If required, a rain date has been set from 11 p.m. on March 10, 2006, until 12 p.m. (noon) on March 11, 2006.

This notice announces that TSA has forwarded the new 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 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 October 2, 2005, 70 FR 66454. In response to this notice, TSA received comments from NiSource, a natural gas pipeline company operating in several states.

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: Federal Hotel and Motel Fire Safety Declaration Form. OMB Number: 1660-0068. Abstract: Public Law 101-391 requires FEMA \1\ to establish and maintain a National Master List (NML) of fire safe places of public accommodations. The information collected will be available electronically to the general public identifying properties meeting the specified level of fire safety equipment as required in the public law. It is also available to Federal employees required by Public Law 101- 391 to stay at properties on the NML when on official travel.

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, this notice seeks comments concerning the Flood Mitigation Assistance program requirements.

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: Emergency Management Institute Residential Course Evaluation Form. OMB Number: 1660-0034. Abstract: Students attending the Emergency Management Institute resident program courses at FEMA's NETC will be asked to complete a course evaluation form. The information will be used by EMI staff and management to identify problems with course materials, evaluate the quality of the course delivery, facilities, and instructors. The data received will enable them to recommend changes in course materials, student selection criteria, training experience and classroom environment. Affected Public: State, Local, or Tribal Government, Federal Government, Individuals and Households. Number of Respondents: 10,027. Estimated Time per Respondent: 10 minutes. Estimated Total Annual Burden Hours: 1,671 hours. Frequency of Response: Per course. 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 March 3, 2006.

The Towing Safety Advisory Committee (TSAC) and its working groups will meet as required to discuss various issues relating to shallow-draft inland and coastal waterway navigation and towing safety. All meetings will be open to the public.

The Coast Guard announces the availability of its response to a petition for rulemaking requesting issuance of regulations establishing thermal and vapor dispersion exclusion zones for marine spills of liquefied natural gas (LNG), by the City of Fall River, MA. The Coast Guard has determined that such a rulemaking project is unnecessary.

The Coast Guard is changing the regulation governing the Clinton Railroad Drawbridge, Mile 518.0, Upper Mississippi River at Clinton, Iowa. Under the rule, the drawbridge shall open on signal if at least 24 hours advance notice is given from 12:01 a.m., on January 20, 2006 until 9 a.m., on March 1, 2006. This rule allows time for making upgrades to critical mechanical components and to perform scheduled annual maintenance/repairs to the bridge.