Department of Homeland Security December 2006 – Federal Register Recent Federal Regulation Documents
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National Preparedness for Response Exercise Program
The Coast Guard, the Pipeline and Hazardous Materials Safety Administration, the Environmental Protection Agency and the Minerals Management Service, in concert with representatives from various State governments, industry, environmental interest groups, and the general public, developed the National Preparedness for Response Exercise Program (PREP) Guidelines to reflect the consensus agreement of the entire oil spill response community. This notice announces the PREP triennial exercise cycle for 2007 through 2009, requests comments from the public, and requests industry participants to volunteer for scheduled PREP Area exercises.
Security Zone; Choptank River, Cambridge, MD
The Coast Guard is establishing a temporary security zone encompassing certain waters of the Choptank River. This action is necessary to ensure the safety of persons and property, and prevent terrorist acts or incidents during the U.S. House Republican Issues Conference, being held during January 24-26, 2007. This rule prohibits vessels and people from entering the security zone and requires vessels and persons in the security zone to depart the security zone, unless specifically exempt under the provisions in this rule or granted specific permission from the Coast Guard Captain of the Port Baltimore.
Safety Zone: Transit of Industrial Cranes, Cape Fear River, Wilmington, NC
The Coast Guard is establishing a safety zone from the mouth of the Cape Fear River to the Cape Fear Memorial Bridge to provide for the safety of the public during the transit and mooring of a vessel carrying four (4) large industrial cranes. The cranes are of such size and dimension that they will create a significant obstruction to safe navigation for other vessels operating in the vicinity. Restricting vessel traffic is necessary to ensure the safety of the public. Vessel traffic will only be restricted during the transit of the vessel.
Security Zones; Escorted Vessels in the Captain of the Port Jacksonville Zone
The Coast Guard is temporarily establishing security zones around any vessel escorted by one or more Coast Guard, State, or local law enforcement assets within the Captain of the Port Zone Jacksonville, FL. No vessel or person is allowed within 100 yards of an escorted vessel, while within the navigable waters of the Captain of the Port Zone, Jacksonville, FL, unless authorized by the Captain of the Port Jacksonville, FL or designated representative. Additionally, all vessels within 500 yards of an escorted vessel in the Captain of the Port Zone Jacksonville, FL will be required to operate at a minimum speed necessary to maintain a safe course. This action is necessary to protect personnel, vessels, and facilities from sabotage or other subversive acts, accidents, or other events of a similar nature while we undertake a separate, notice-and-comment rulemaking to establish a permanent security zone for escorted vessels in the COTP Jacksonville Zone.
Area Maritime Security Committee, Southeastern New England; Vacancies
The Coast Guard seeks applications for membership in the Area Maritime Security Committee, Southeastern New England. The Committee assists the Captain of the Port, Southeastern New England, in developing, reviewing, and updating the Area Maritime Security Plan for their area of responsibility.
National Security Telecommunications Advisory Committee
The President's National Security Telecommunications Advisory Committee (NSTAC) schedule of 2007 meetings.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, the Department of Homeland Security is giving notice that it proposes to add a new system of records to its inventory of record systems for Department of Homeland Security General Information Technology Access Account Records System.
Open Meeting/Conference Call, Board of Visitors for the National Fire Academy
In accordance with the Federal Advisory Committee Act, the Federal Emergency Management Agency announces the following committee meeting:
Chemical Facility Anti-Terrorism Standards
Section 550 of the Homeland Security Appropriations Act of 2007 (``Section 550'') provided the Department of Homeland Security with authority to promulgate ``interim final regulations'' for the security of certain chemical facilities in the United States. This notice seeks comment both on proposed text for such interim final regulations and on several practical and policy issues integral to the development of a chemical facility security program.
Regulated Navigation Area; Atchafalaya River, Berwick Bay, Berwick Bay, LA
The Coast Guard proposes to remove both paragraph (f)(4) and the note located at the end of the section from 33 CFR 165.811. Coast Guard Vessel Traffic Service (VTS) Berwick Bay has determined that the Southern Pacific Railroad (SPRR) Bridge visual displays are no longer necessary due to updated VTS technologies and procedures that actively inform towing vessels that the rules of 33 CFR 165.811 are in effect at the time of entry into the VTS. This action will relieve the owner of the SPRR Bridge and the Coast Guard from maintaining antiquated visual displays and related equipment.
Drawbridge Operation Regulations; Atlantic Intracoastal Waterway (AICW), Scotts Hill, NC
The Commander, Fifth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Figure Eight Swing Bridge across the AICW mile 278.1, at Scotts Hill, North Carolina to perform needed mechanical and structural repairs.
Houston / Galveston Navigation Safety Advisory Committee
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.
Drawbridge Operation Regulations; Darby Creek, Essington, PA
The Coast Guard is changing the drawbridge operation regulation that governs the Consolidated Rail Corporation (CONRAIL) Railroad Bridge, at mile 0.3, across Darby Creek in Essington, Pennsylvania. This change will allow the bridge to be left in the open- to-navigation position from April 1 through October 31 of every year. The bridge will only close for the passage of trains and to perform periodic maintenance. From November 1 to March 31, the bridge will open on signal, if at least 24 hours notice is given by calling (856) 231- 7088 or (856) 662-8201.
Drawbridge Operation Regulations; Potomac River, Alexandria, VA and Oxon Hill, MD
The Commander, Fifth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the new Woodrow Wilson Memorial (I-95) Bridge, mile 103.8, across Potomac River between Alexandria, Virginia and Oxon Hill, Maryland. This deviation allows the new drawbridge to remain closed to navigation each day from 10 a.m. to 2 p.m. beginning on December 25, 2006 until and including February 22, 2007, to facilitate completion of the Outer Loop portion for the new Woodrow Wilson Bridge construction project.
Automated Commercial Environment (ACE): National Customs Automation Program Test of Automated Truck Manifest for Truck Carrier Accounts; Deployment Schedule
The Bureau of Customs and Border Protection, in conjunction with the Department of Transportation, Federal Motor Carrier Safety Administration, is currently conducting a National Customs Automation Program (NCAP) test concerning the transmission of automated truck manifest data. This document announces the next group, or cluster, of ports to be deployed for this test.
Re-Accreditation and Re-Approval SGS North America, Inc., Deer Park, TX as a Commercial Gauger and Laboratory
Notice is hereby given that, pursuant to 19 CFR 151.I2 and 151.I3, SGS North America, Inc., 2759 Battleground Road, Deer Park, Texas 77536, has been re-approved to gauge petroleum and petroleum products, organic chemicals and vegetable oils, and to test petroleum and petroleum products for customs purposes, in accordance with the provisions of 19 CFR 151.12 and 151.13.
Homeland Security Advisory Council; Meeting
The Homeland Security Advisory Council (HSAC) will hold a meeting for purposes of reporting on task force activities examining: (1) The Future of Terrorism; and (2) Improving the Department's Culture. In addition, the HSAC will receive briefings and hold member deliberations with Secretary Michael Chertoff. This meeting will be partially closed.
Collection of Information Under Review by Office of Management and Budget: OMB Control Numbers: 1625-0086
In compliance with the Paperwork Reduction Act of 1995, this request for comments announces that the Coast Guard is forwarding an Information Collection Request (ICR), abstracted below, to the Office of Information and Regulatory Affairs (OIRA) of the Office of Management and Budget (OMB) to request a revision of a currently approved collection of information. The ICR is 1625-0086, Great Lakes Pilotage. Our ICR describes the information we seek to collect from the public. Review and comments by OIRA ensures that we impose only paperwork burdens commensurate with our performance of duties.
Drawbridge Operation Regulation; Bayou Lafourche, LA
The Coast Guard is changing the regulations governing six bridges across Bayou Lafourche, south of the Gulf Intracoastal Waterway (GIWW), and one bridge across Bayou Lafourche, north of the GIWW, in Lafourche Parish, Louisiana. The Lafourche Parish Council has requested that the six bridges below the GIWW remain closed to navigation at various times on weekdays during the school year and the one bridge north of the GIWW open on four hours advanced notification at night. These closures will facilitate the safe, efficient movement of staff, students and other residents within the parish.
New York: Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the State of New York (FEMA-1670-DR), dated December 12, 2006, and related determinations.
Washington; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the State of Washington (FEMA-1671-DR), dated December 12, 2006, and related determinations.
Rail Transportation Security
This proposal would enhance the security of our Nation's rail transportation system. The Transportation Security Administration (TSA) proposes security requirements for freight railroad carriers; intercity, commuter, and short-haul passenger train service providers; rail transit systems; and rail operations at certain, fixed-site facilities that ship or receive specified hazardous materials by rail. This rule proposes to codify the scope of TSA's existing inspection program and to require regulated parties to allow TSA and Department of Homeland Security (DHS) officials to enter, inspect, and test property, facilities, and records relevant to rail security. This rule also proposes that regulated parties designate rail security coordinators and report significant security concerns to DHS. TSA further proposes that freight rail carriers and certain facilities handling hazardous materials be equipped to report location and shipping information to TSA upon request and to implement chain of custody requirements to ensure a positive and secure exchange of specified hazardous materials. TSA also proposes to clarify and extend the sensitive security information (SSI) protections to cover certain information associated with rail transportation. This proposal would allow TSA to enhance rail security by coordinating its activities with other Federal agencies, which would also avoid duplicative inspections and minimize the compliance burden on the regulated parties. This proposed rule is intended to augment existing rail transportation laws and regulations that the Department of Transportation (DOT) administers. In today's edition of the Federal Register, the Pipeline and Hazardous Materials Safety Administration (PHMSA) is publishing an NPRM proposing to revise the current requirements in the Hazardous Materials Regulations applicable to the safe and secure transportation of hazardous materials transported in commerce by rail.
Published Privacy Impact Assessments on the Web
The Privacy Office of the Department of Homeland Security is making available three Privacy Impact Assessments on various programs and systems in the Department. These assessments were approved and published on the Privacy Office's Web site between November 1, 2006 and November 30, 2006.
Published Privacy Impact Assessments on the Web
The Privacy Office of the Department of Homeland Security is making available five Privacy Impact Assessments on various programs and systems in the Department. These assessments were approved and published on the Privacy Office's Web site between October 1, 2006 and October 31, 2006.
Proposed Flood Elevation Determinations
Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations (BFEs) and proposed BFEs 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).
Final Flood Elevation Determinations
Base (1% annual chance) Flood Elevations (BFEs) and modified 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).
Random Drug Testing Rate for Covered Crewmembers
The Coast Guard has set the calendar year 2007 minimum random drug testing rate at 50 percent of covered crewmembers.
Special Local Regulation; Annual Gasparilla Marine Parade, Hillsborough Bay, Tampa, FL
The Coast Guard is amending the permanent special local regulation for the Annual Gasparilla Marine Parade, Hillsborough Bay, and Tampa Bay, FL. This rule will change the date of the event from the first weekend in February to the last weekend in January. Additionally, this regulation will create a parade staging area and a 50 foot safety zone around officially entered parade boats during the parade. This action is necessary because the date on which the parade is held annually has changed. Restricting access to the parade staging area box is necessary to ensure the official parade boats are properly lined up to begin the parade. A 50 foot safety zone around officially entered parade boats is necessary to ensure the safety of the parade participants due to safety concerns caused by an increasing number of spectator vessels that gather to watch the parade.
Collection of Information Under Review by Office of Management and Budget: OMB Control Numbers: 1625-0003
In compliance with the Paperwork Reduction Act of 1995, this request for comments announces that the Coast Guard is forwarding an Information Collection Request (ICR), abstracted below, to the Office of Information and Regulatory Affairs (OIRA) of the Office of Management and Budget (OMB) to request an extension of their approval of the following collection of information. The ICR is 1625-0003, Coast Guard Boating Accident Report Form (CG-3865). Our ICR describes the information we seek to collect from the public. Review and comments by OIRA ensures that we impose only paperwork burdens commensurate with our performance of duties.
Submission for Review; Reinstatement Previously Discontinued Information Collection Request for the Fiscal Year 2003 State Domestic Preparedness Program
The Department of Homeland Security (DHS) has submitted the following information collection request (ICRs) to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Action of 1995: 1600-0002, 1600-0003, 1600- 0004, 1600-0005. The information collections were previously published in Federal Register on October 12, 2006 allowing for OMB review and a 60-day public comment period. No Comments were received by DHS. The purpose of this notice is to allow an additional 30 days for public comments.
United States-Chile Free Trade Agreement
This document adopts as a final rule, with some changes, interim amendments to title 19 of the Code of Federal Regulations (``CFR'') which were published in the Federal Register on March 7, 2005, as CBP Dec. 05-07 to implement the preferential tariff treatment and other customs-related provisions of the United States-Chile Free Trade Agreement signed by the United States and the Republic of Chile.
Louisiana; Amendment No. 3 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Louisiana (FEMA-1668-DR), dated November 2, 2006, and related determinations.
Proposed Flood Elevation Determinations
Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations (BFEs) and proposed BFEs 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).
Alaska; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the State of Alaska (FEMA-1669-DR), dated December 8, 2006, and related determinations.
Final Flood Elevation Determinations
Base (1% annual chance) Flood Elevations (BFEs) and modified 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 Revised Content for English, U.S. History and Government Test for Naturalization Applicants
This notice announces that U.S. Citizenship and Immigration Services (USCIS) will be conducting a pilot of a redesigned naturalization test. Applicants for naturalization must, among other things, demonstrate an understanding of the English language, a knowledge and understanding of the fundamentals of the history, and the principles and form of government in the United States. Currently the naturalization testing process and test content vary in each USCIS district office. USCIS plans to revise the naturalization testing process to ensure that the naturalization testing process is uniform. Thus, a newly redesigned English reading and writing test, as well as the U.S. history and government test, will be pilot tested in the following, randomly selected sites: Albany, New York sub-office; Boston, Massachusetts, District Office; Kansas City, Missouri, District Office; Charleston, South Carolina sub-office; El Paso, Texas District Office; San Antonio, Texas District Office; Miami, Florida District Office; Denver, Colorado District Office; Tucson, Arizona Sub-Office; and Yakima, Washington Sub-Office. Based on the evaluation of the pilot, the final test will be implemented nationally beginning in 2008.
Safety Zone Regulations, New Tacoma Narrows Bridge Construction Project, Construction Vessels and Equipment Under and in Immediate Vicinity of West Span
The Coast Guard is establishing a temporary safety zone around construction vessels and mooring lines under the West Span of the Tacoma Narrows Bridge during the deck erection phase of construction. This safety zone will be in effect regardless of whether construction vessels are present or not. This zone approximately encompasses all waters from the Gig Harbor shoreline to just east of the west bridge caissons, extending 1500 feet north and south. The Coast Guard is taking this action to safeguard the public from possible collision with the vessels or their mooring lines, chains, or cables. Entry into this zone is prohibited unless authorized by the Captain of the Port, Puget Sound or his designated representatives.
Safety Zone Regulations, New Tacoma Narrows Bridge Construction Project, Bridge Deck Lifting Beams
The Coast Guard is establishing a temporary safety zone around the lifting beams of the cranes being used to lift deck sections into place on the New Tacoma Narrows Bridge. The zone will encompass all waters within 500 feet of the area directly below the lifting beams for the duration of the lowering, hookup, raising, and securing evolutions, and will only apply to the beams on the cranes that are in use. The beams being used for the day's evolutions will be clearly marked on each end with a white flashing light. The Coast Guard is taking this action to safeguard the public from the hazards associated with navigating in the vicinity of moving construction equipment and heavy loads. These hazards may include risk of collision with the lifting beams and risks associated with falling loads, should there be an equipment failure. Entry into this zone is prohibited unless authorized by the Captain of the Port, Puget Sound or his designated representatives.
Safety Zone Regulations, New Tacoma Narrows Bridge Construction Project, Construction Barge “MARMACK 12”
The Coast Guard is establishing a temporary safety zone around the Barge ``MARMACK 12'', Official Number 1024657, while it is being used for the New Tacoma Narrows Bridge Construction Project. The zone will extend 500 feet in all directions from the barge, and will be in effect at all times during the duration of this rule. This zone is only in effect while the barge is on the navigable waters of the United States, in the Tacoma Narrows. The Coast Guard is taking this action to safeguard the public from possible collision with the barge and the deck sections it is carrying, and from hazards associated with navigating in the vicinity of the barge during construction operations. Entry into this zone is prohibited unless authorized by the Captain of the Port, Puget Sound or his designated representatives.
National Security Telecommunications Advisory Committee
The President's National Security Telecommunications Advisory Committee (NSTAC) will meet in a partially closed session.
Revised MARPOL Annex II and IBC Code Implementation: Publication of Guidelines
The Coast Guard announces the availability of Navigation and Vessel Inspection Circular (NVIC) No. 03-06, titled ``Guidance on Implementation of Revisions to MARPOL Annex II and the IBC Code.'' This NVIC provides guidelines on how the revisions to Annex II of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL), and the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code) will be implemented in the U.S. These revisions come into force internationally on January 1, 2007.
Collection of Information Under Review by Office of Management and Budget: OMB Control Numbers: 1625-0008
In compliance with the Paperwork Reduction Act of 1995, this request for comments announces that the Coast Guard is forwarding an Information Collection Request (ICR), abstracted below, to the Office of Information and Regulatory Affairs (OIRA) of the Office of Management and Budget (OMB) to request an extension of their approval of the following collection of information. The ICR is 1625-0008, Regattas and Marine Parades. Our ICR describes the information we seek to collect from the public. Review and comments by OIRA ensure we only impose paperwork burdens commensurate with our performance of duties.
Collection of Information Under Review by Office of Management and Budget: OMB Control Numbers: 1625-0012
In compliance with the Paperwork Reduction Act of 1995, this request for comments announces that the Coast Guard is forwarding an Information Collection Request (ICR), abstracted below, to the Office of Information and Regulatory Affairs (OIRA) of the Office of Management and Budget (OMB) to request an extension of their approval of the following collections of information. The ICR is 1625-0012, Certificate of Discharge to Merchant Mariners. Our ICR describes the information we seek to collect from the public. Review and comments by OIRA ensure we only impose paperwork burdens commensurate with our performance of duties.
Houston-Galveston Area Maritime Security Committee; Vacancies
Under the Maritime Transportation Security Act of 2002, the Secretary of Homeland Security has established an Area Maritime Security (AMS) Committee under the direction of the Houston-Galveston Captain of the Port (COTP)/Federal Maritime Security Coordinator (FMSC). The Houston-Galveston COTP/FMSC hereby requests qualified individuals interested in serving on this committee to apply for AMS Committee membership.
Exercise of Authority To Require Pilots To Submit Results of Annual Chemical Test for Dangerous Drugs and Extension of Deadline for Pilots To Submit Most Recent Annual Physical Examination
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 gross registered tons (GRT), and other individuals who ``serve as'' pilots on certain types of vessels greater than 1600 GRT, to provide the passing results of their annual chemical test for dangerous drugs to the Coast Guard, subject to certain exceptions. In addition, the Coast Guard is extending the deadline for pilots to submit the most recent copy of their annual physical examination.
Regulated Navigation Area; East Rockaway Inlet to Atlantic Beach Bridge, Nassau County, Long Island, NY
The Coast Guard is issuing another temporary final rule to continue a temporary regulated navigation area (RNA) from the entrance of East Rockaway Inlet to the Atlantic Beach Bridge, Nassau County, New York. 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 5 feet carrying petroleum products as cargo grounding in the channel, and the potential for a significant oil spill. This rule will continue to restrict passage of commercial vessels carrying petroleum products with a loaded draft in excess of 5 feet.
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