Department of Homeland Security September 2006 – Federal Register Recent Federal Regulation Documents
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Deepwater Ports
This final rule supersedes the temporary interim rule that was published on January 6, 2004. The temporary interim rule revised 1975 regulations that implemented the Deepwater Port Act of 1974. It updated and streamlined those regulations in accordance with the 1996 Deepwater Port Modernization Act, and extended them to include the natural gas deepwater ports authorized by Congress in the Maritime Transportation Security Act of 2002. This final rule revises and finalizes the regulations issued in the temporary interim rule.
New Mexico; Amendment No. 3 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of New Mexico (FEMA-1659-DR), dated August 30, 2006, and related determinations.
Notice of Withholding of Certain Distributions on Continued Dumping and Subsidy Offset to Affected Domestic Producers
This document notifies the public that Customs and Border Protection (CBP), consistent with the Court of International Trade's recent decision in Canadian Lumber Trade Alliance et al. v. United States, will be withholding distributions under the Continued Dumping and Subsidy Offset Act of 2000 that derive from antidumping and countervailing duties assessed on goods from Canada or Mexico. Fiscal year 2006 CDSOA distributions that derive from antidumping or countervailing duties on other than Canadian or Mexican goods are not affected.
Notice of Meeting of The Departmental Advisory Committee on Commercial Operations of Customs and Border Protection and Related Homeland Security Functions (COAC)
The Departmental Advisory Committee on Commercial Operations of U.S. Customs and Border Protection and Related Homeland Security Functions (popularly known as ``COAC'') will meet in open session.
Exercise of Authority To Require Pilots To Submit Annual Physical Examinations
By this notice, the Coast Guard is exercising authority currently set forth in Coast Guard regulations to require all first class pilots on vessels greater than 1600 GRT, and other individuals who ``serve as'' pilots on certain types of vessels greater than 1600 gross registered tons (GRT), to provide a copy of their annual physical examination to the Coast Guard.
Medical and Physical Evaluation Guidelines for Merchant Mariner Credentials
The Coast Guard announces the availability of, and seeks public comment on, a draft Navigation and Vessel Inspection Circular (NVIC) to replace the existing NVIC 2-98, ``Physical Evaluation Guidelines for Merchant Mariner's Documents and Licenses.'' The new proposed NVIC is entitled ``Medical and Physical Evaluation Guidelines for Merchant Mariner Credentials.'' It will be officially numbered if and when it becomes effective. The contents of this NVIC were developed from recommendations and input provided by the Merchant Marine Personnel Advisory Committee (MERPAC) and experienced maritime community medical practitioners. A copy of the proposed NVIC has been posted to the public docket for this notice, and it is available as described under ADDRESSES.
Safety Zones; U.S. Coast Guard Water Training Areas, Great Lakes
This document provides the times and locations of the public meetings which will be held by the Coast Guard to discuss issues relating to the proposed permanent safety zones located in the Great Lakes to conduct live gunnery training exercises. The meetings will be open to the public.
Notice of Meeting of National Infrastructure Advisory Council (NIAC)
The National Infrastructure Advisory Council (NIAC) will meet in open session.
Special Local Regulations, Strait Thunder Hydroplane Races, Port Angeles, WA
The Coast Guard is establishing temporary special local regulations for the Strait Thunder Hydroplane Races held on the waters of Port Angeles Harbor, Port Angeles, Washington. These special local regulations limit the movement of non-participating vessels in the regulated race area and provide for a viewing area for spectator craft. This temporary rule is needed to provide for the safety of life on navigable waters during the event.
New Mexico; Amendment No. 2 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster for the State of New Mexico (FEMA-1659-DR), dated August 30, 2006, and related determinations.
Safety Zone; Gulf of Alaska, Narrow Cape, Kodiak Island, AK
The Coast Guard is establishing a temporary safety zone in the Gulf of Alaska, encompassing the navigable waters in the vicinity of Narrow Cape and Ugak Island. The zone is needed to protect persons and vessels operating in the vicinity of the safety zone during a rocket launch from the Alaska Aerospace Development Corporation, Narrow Cape, Kodiak Island facility. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Commander, Seventeenth Coast Guard District, the Coast Guard Captain of the Port, Western Alaska, or their on-scene representative. The intended effect of this safety zone is to ensure the safety of human life and property during the rocket launch.
Safety Zone; Red Bull Air Show Practice, San Francisco Bay, CA
The Coast Guard proposes a safety zone to be used to keep spectator vessels out of the path and away from the area directly below participating aircraft during the fleet week air show practice in order to ensure the safety of event participants and spectators.
Shipping and Transportation; Technical, Organizational, and Conforming Amendments
This rule makes non-substantive changes throughout Titles 46 and 49 of the Code of Federal Regulations. The purpose of this rule is to make conforming amendments and technical corrections to Coast Guard navigation and navigable water regulations. This rule will have no substantive effect on the regulated public.
Safety Zone; BART Transbay Tube Seismic Upgrade, San Francisco, CA
The Coast Guard is establishing a moving temporary safety zone in the navigable waters of San Francisco Bay, California during vibro penetration testing for a seismic upgrade of the Bay Area Rapid Transit (BART) Transbay tube. The testing will require placement of a barge at test sites along the BART Transbay tube. The safety zone will surround the barge and move with the barge as it conducts the tests at seven sites along the BART Transbay tube. This safety zone is necessary to protect persons and vessels from hazards, injury, and damage associated with the vibro penetration testing. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission of the Captain of the Port or his designated representative.
Office of Grants and Training, Office of Community Preparedness; Agency Information Collection Activities: Submission for OMB Review; Comment Request
Department of Homeland Security (DHS), 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 DHS will use. Title: Community Preparedness and Participation Survey. OMB Number: 1670-NEW. Abstract: This information collection will enable Citizens Corps to operate effective and efficiently to regularize and coordinate activities between Citizens Corps and those groups active in Citizen Corps mission areas. Affected Public: Individuals and households. Number of Respondents: 13,200 per year. Estimated Time per Respondent: .334 hour. Estimated Total Annual Burden Hours: 4,408.80. Frequency of Response: Once per year. 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: Nathan Lesser, Desk Officer, Department of Homeland Security/and sent via electronic mail to oirasubmission@omb.eop.gov or faxed to (202) 395- 6974. Comments must be submitted on or before October 23, 2006.
Office of Grants and Training, Citizens Corps; Agency Information Collection Activities: Submission for OMB Review; Comment Request
Department of Homeland Security (DHS), 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 DHS will use. Title: Citizens Corps Council & CERT Program Registration. OMB Number: 1660-0079. Abstract: This information collection will enable Citizens Corps to operate effectively and efficiently to regularize and coordinate activities between Citizens Corps and those groups active in education, training and coordinating volunteers in crime prevention, disaster preparedness, mitigation, public health and safety issues. Affected Public: State and local Citizens Corps Councils and CERT Programs. Number of Respondents: 500 per year. Estimated Time per Respondent: 1 hour. Estimated Total Annual Burden Hours: 500. Frequency of Response: On occasion. 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 Budget, Attention: Nathan Lesser, Desk Officer, Department of Homeland Security/ and sent via electronic mail to oirasubmission@omb.eop.gov or faxed to (202) 395- 6974. Comments must be submitted on or before October 23, 2006.
Office of Grants and Training, Citizens Corps; Agency Information Collection Activities: Submission for OMB Review; Comment Request
Department of Homeland Security (DHS), 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 DHS will use. Title: Citizens Corps Individual Registration. OMB Number: 1660-0078. Abstract: This information collection will enable Citizens Corps to operate effective and efficiently to regularize and coordinate activities between Citizens Corps and those groups active in education, training and coordinating volunteers in crime prevention, disaster preparedness, mitigation, public health and safety issues. Affected Public: Individual citizens. Number of Respondents: 20,000 per year. Estimated Time per Respondent: 5 minutes. Estimated Total Annual Burden Hours: 1,666.66. Frequency of Response: On occasion. 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 Budget, Attention: Nathan Lesser, Desk Officer, Department of Homeland Security/and sent via electronic mail to oirasubmission@omb.eop.gov or faxed to (202) 395- 6974. Comments must be submitted on or before October 23, 2006.
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.
Office of Grants and Training, Citizens Corps; Agency Information Collection Activities: Submission for OMB Review; Comment Request
Department of Homeland Security (DHS), 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 DHS will use. Title: Citizens Corps Affiliated Programs and Organizations Applications. OMB Number: 1660-0066. Abstract: This information collection will enable Citizens Corps to operate effective and efficiently to regularize and coordinate activities between Citizens Corps and those groups active in its mission areas. Affected Public: Not-for-Profit Institutions. Number of Respondents: 8 per year. Estimated Time per Respondent: 4 hours. Estimated Total Annual Burden Hours: 32 hours. Frequency of Response: On occasion. 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 Budget, Attention: Nathan Lesser, Desk Officer, Department of Homeland Security/Citizens Corps and sent via electronic mail to oirasubmission@eop.gov or faxed to (202) 395-6974. Comments must be submitted on or before October 23, 2006.
General Program Test Extended: Quota Preprocessing
With this notice, the Bureau of Customs and Border Protection (CBP) announces that the duration of the quota preprocessing program test, which provides for the electronic processing of certain quota- class apparel merchandise prior to arrival of the importing carrier, is extended until December 31, 2008. The quota preprocessing program test is currently being conducted at all CBP ports and was set to expire on December 31, 2006. The duration of the test is being extended so that CBP can continue to evaluate the program's effectiveness. Public comments concerning any aspect of the program test as well as applications to participate in the test are requested.
Special Local Regulations for Marine Events; John H. Kerr Reservoir, Clarksville, VA
The Coast Guard is establishing temporary special local regulations for the ``Clarksville Hydroplane Challenge'', a power boat race to be held on the waters of the John H. Kerr Reservoir adjacent to Clarksville, 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 the John H. Kerr Reservoir adjacent to Clarksville, Virginia during the power boat race.
Expanding Pilot Program Affecting the Filing Procedures for Certain Form I-485 Applicants Residing Within the Jurisdiction of the Dallas, El Paso, or Oklahoma City Offices
This Notice expands a pilot program being conducted by U.S. Citizenship and Immigration Services that changes the procedures for certain aliens filing Form I-485, ``Application to Register Permanent Residence or Adjust Status,'' based on a family relationship, the diversity visa lottery, or qualification for most special immigrant categories. Under the expanded pilot program, affected aliens residing within the jurisdiction of the Dallas District Office, El Paso District Office, or Oklahoma City Sub-Office will be required to file Form I-485 and any necessary documentation and fees in person at the appropriate local office, rather than by mail, after self-scheduling an appointment using Internet-based InfoPass. This pilot program tests an alternative to current filing and processing procedures with the goal of achieving a 90-day processing time for affected Forms I-485.
Drawbridge Operation Regulation; Bayou Lafourche, LA
The Coast Guard proposes to change the regulations governing the draw of the Valentine Pontoon Bridge across Bayou Lafourche, mile 44.7, in Lafourche Parish, Louisiana. The regulation will allow for the bridge to be unmanned and remain closed during hours of infrequent traffic with an advance notification requirement to open the bridge.
Drawbridge Operation Regulation; Bayou Lafourche, LA
The Coast Guard proposes to change the regulations governing six bridges across Bayou Lafourche, south of the Gulf Intracoastal Waterway, in Lafourche Parish, Louisiana. The Lafourche Parish Council has requested that the bridges remain closed to navigation at various times on weekdays during the school year. These closures will facilitate the safe, efficient movement of staff, students and other residents within the parish.
Special Local Regulations for Marine Events; Sunset Lake, Wildwood Crest, NJ
The Coast Guard is establishing permanent special local regulations during the ``Sunset Lake Hydrofest'', a marine event to be held annually on the last weekend in September or the first weekend in October on the waters of Sunset Lake, Wildwood Crest, New Jersey. For 2006 this marine event will be held on September 30 and October 1, 2006. 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 Sunset Lake during the event.
Withdrawal of Final Flood Elevation Determination for the Listed Communities in Yuma and Coconino Counties, AZ
The Federal Emergency Management Agency (FEMA) withdraws the final flood elevation determination published in 71 FR 33647, June 12, 2006 for the Unincorporated Areas of Yuma County and Cities of San Luis and Yuma, and the Unincorporated Areas of Coconino County, and City of Flagstaff, Arizona, hereafter referred to as ``listed communities.'' A final flood elevation determination will be made at a later date.
Termination of the Designation of Liberia for Temporary Protected Status; Automatic Extension of Employment Authorization Documentation for Liberia TPS Beneficiaries
Following a review of country conditions and consultations with the appropriate Government agencies, the Secretary of the Department of Homeland Security (DHS) has determined that the temporary protected status (TPS) designation of Liberia should be terminated. This termination will not take effect until October 1, 2007, to provide for an orderly transition. This Notice informs the public of the termination of the Liberia TPS designation and sets forth procedures for nationals of Liberia (or aliens having no nationality who last habitually resided in Liberia) with TPS to re-register for TPS benefits. Re-registration is limited to persons who have previously registered for TPS under the designation of Liberia and whose application was granted or remains pending. Liberians (or aliens having no nationality who last habitually resided in Liberia) who have not previously been granted TPS, or who do not already have a pending application for TPS under the designation for Liberia, may not file under late initial filing provisions. Late initial filings (LIFs) are only allowed during an extension of a designation of TPS. Given the timeframes involved with processing TPS re-registrants, DHS recognizes that re-registrants might not receive a new EAD until after their current EAD expires on October 1, 2006. Accordingly, this Notice automatically extends the validity of EADs issued under the designation of TPS for Liberia for six months through April 1, 2007, and explains how TPS beneficiaries and their employers may determine which EADs are automatically extended. New EADs with an expiration date of September 30, 2007, will be issued to eligible TPS beneficiaries who timely re-register and apply for an EAD.
Collection of Information Under Review by Office of Management and Budget: OMB Control Number 1625-0012
In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an Information Collection Request (ICR) to the Office of Management and Budget (OMB) to request a revision for the following collection of information: 1625-0012, Certificate of Discharge to Merchant Mariners. Before submitting the ICR to OMB, the Coast Guard is inviting comments on it as described below.
Mariner Licensing and Documentation Program Restructuring and Centralization; Correction
The Coast Guard is correcting a technical amendment that appeared in the Federal Register on August 21, 2006. That technical amendment authorizes the Commanding Officer, National Maritime Center to perform certain mariner credentialing functions in addition to Officers in Charge, Marine Inspection, who currently perform those functions. At the end of a transitional period, most credentialing functions will be consolidated at a centralized location. The amendment also makes technical changes to the mariner credentialing appellate process. The technical amendment is organizational in nature and will have no substantive effect on the regulated public.
Safety Zones; U.S. Coast Guard Water Training Areas, Great Lakes
The Coast Guard will meet to discuss issues relating to the proposed permanent safety zones located in the Great Lakes to conduct live gunnery training exercises. The meetings will be open to the public.
Arizona; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the State of Arizona (FEMA-1660-DR), dated September 7, 2006, and related determinations.
Texas; Amendment No. 4 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster for the State of Texas (FEMA-1658-DR), dated August 15, 2006, and related determinations.
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, this notice seeks comments concerning Excess Federal Real Property Program application.
National Flood Insurance Program (NFIP); Assistance to Private Sector Property Insurers
Each year FEMA is required by the Write-Your-Own (``WYO'') program Financial Assistance/Subsidy Arrangement (``Arrangement'') to notify the private insurance companies (``Companies'') and make available to the Companies the terms for subscription or re- subscription to the Arrangement. In keeping with that requirement, this notice provides the terms to the Companies to subscribe or re-subscribe to the Arrangement.
Proposed Collection; Comment Request; Aircraft/Vessel Report
As part of its continuing effort to reduce paperwork and respondent burden, the Bureau of Customs and Border Protection (CBP) invites the general public and other Federal agencies to comment on an information collection requirement concerning the Aircraft/Vessel Report (Form I-92). 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)).
Proposed Collection; Comment Request; Delivery Ticket
As part of its continuing effort to reduce paperwork and respondent burden, the Bureau of Customs and Border Protection (CBP) invites the general public and other Federal agencies to comment on an information collection requirement concerning the Delivery Ticket (Form 6043). 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)).
Proposed Collection; Comment Request; Application To Establish Centralized Examination Station
As part of its continuing effort to reduce paperwork and respondent burden, the Bureau of Customs and Border Protection (CBP) invites the general public and other Federal agencies to comment on an information collection requirement concerning the Application to Establish Centralized Examination Station. 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)).
Proposed Collection; Comment Request; Administrative Rulings
As part of its continuing effort to reduce paperwork and respondent burden, the Bureau of Customs and Border Protection (CBP) invites the general public and other Federal agencies to comment on an information collection requirement concerning the Administrative Rulings. 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)).
Proposed Collection; Comment Request; Passenger List/Crew List
As part of its continuing effort to reduce paperwork and respondent burden, the Bureau of Customs and Border Protection (CBP) invites the general public and other Federal agencies to comment on an information collection requirement concerning the Passenger List/Crew List (Form I-418). 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)).
New Mexico; Amendment No. 1 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of New Mexico (FEMA-1659-DR), dated August 30, 2006, and related determinations.
New Mexico; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the State of New Mexico (FEMA-1659-DR), dated August 30, 2006, and related determinations.
Safety Zone; Susquehanna River, Havre de Grace, MD
The Coast Guard is establishing a temporary safety zone on the Susquehanna River during a fireworks display. This action is necessary to provide for the safety of life and property on navigable waters during a fireworks display launched from a barge, located between Havre de Grace, Maryland and Perryville, Maryland, on September 30, 2006. This action will restrict vessel traffic in a portion of the Susquehanna River.
Geographical Extension of Coast Guard Authority to Enforce Naval Vessel Protection Zones; Conforming Amendment
The Coast Guard is revising its informational, geographic- application regulation for naval vessel protection zones (NVPZs) to reflect a recent expansion of the jurisdiction for NVPZs. Section 201 of the Coast Guard and Maritime Transportation Act of 2006 amended 14 U.S.C. 91 defines ``navigable waters'' to include the waters 12 nautical-miles wide, adjacent to the coast of the United States and seaward of the territorial sea baseline. As a result of this legislation, Naval Vessel Protection Zone (NVPZ) regulations are now enforceable in navigable waters out to the full extent of the U.S. territorial sea, 12 nautical miles seaward from the baseline. This conforming amendment to our regulation reflects this recently-enacted authority.
National Offshore Safety Advisory Committee
The National Offshore Safety Advisory Committee (NOSAC) will meet to discuss various issues relating to offshore safety and security. The meeting will be open to the public.
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.
Extension of the Designation of Burundi for Temporary Protected Status; Automatic Extension of Employment Authorization Documentation for Burundi TPS Beneficiaries
This Notice informs the public that the designation of Burundi for Temporary Protected Status (TPS) has been extended for 12 months, from its current expiration date of November 2, 2006, to November 2, 2007. This Notice also sets forth procedures necessary for nationals of Burundi (or aliens having no nationality who last habitually resided in Burundi) with TPS to re-register and to apply for an extension of their Employment Authorization Documents (EADs) for the additional 12-month period. Re-registration is limited to persons who have previously registered for TPS under the designation of Burundi and whose application has been granted or remains pending. Certain nationals of Burundi (or aliens having no nationality who last habitually resided in Burundi) who have not previously applied for TPS may be eligible to apply under the late initial registration provisions. Given the timeframes involved with processing TPS re-registrants, the Department of Homeland Security (DHS) recognizes that re- registrants may not receive a new EAD until after their current EAD expires on November 2, 2006. Accordingly, this Notice automatically extends the validity of EADs issued under the TPS designation of Burundi for 6 months through May 2, 2007, and explains how TPS beneficiaries and their employers may determine which EADs are automatically extended. New EADs with the November 2, 2007, expiration date will be issued to eligible TPS beneficiaries who timely re- register and apply for an EAD. Effective Dates: The extension of Burundi's TPS designation is effective November 2, 2006, and will remain in effect until November 2, 2007. The 60-day re-registration period begins September 14, 2006 and will remain in effect until November 13, 2006.
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