Department of Homeland Security April 2007 – Federal Register Recent Federal Regulation Documents
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Data Privacy and Integrity Advisory Committee
The Data Privacy and Integrity Advisory Committee will meet on May 7, 2007 in Arlington, VA. This meeting will be open to the public.
Safety Zone; Kimmelman's Wedding Party Fireworks Display, San Francisco Bay, CA
The Coast Guard is establishing a temporary safety zone in the navigable waters of San Francisco Bay for the loading, transport, and launching of fireworks used during a wedding celebration display. This safety zone is established to ensure the safety of participants and spectators. 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.
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 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).
Indiana; Amendment No. 2 to Notice of an Emergency Declaration
This notice amends the notice of an emergency declaration for the State of Indiana (FEMA-3274-EM), dated March 12, 2007, and related determinations.
Federal Emergency Management Agency (FEMA) Acquisition Regulation System; Removal of Chapter 44
The Federal Emergency Management Agency (FEMA) published a direct final rule that notified the public of its intent to remove the FEMA Acquisition Regulation in its entirety. FEMA did not receive any comments on the rule. Therefore, the rule will go into effect as scheduled.
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).
Notice of Cancellation of Customs Broker License
Pursuant to section 641 of the Tariff Act of 1930, as amended, (19 U.S.C. 1641) and the Customs Regulations (19 CFR 111.51), the following Customs broker licenses are cancelled without prejudice.
Notice of Cancellation of Customs Broker License Due To Death of the License Holder
Notice is hereby given that, pursuant to Title 19 of the Code of Federal Regulations at section 111.51(a), the following individual Customs broker licenses and any and all permits have been cancelled due to the death of the broker:
Drawbridge Operation Regulation; Venetian Causeway (West) Drawbridge, Atlantic Intracoastal Waterway, Mile 1088.6, and Venetian Causeway (East) Drawbridge, Biscayne Bay, Miami, Miami-Dade County, FL; Correction
On April 16, 2007, the Coast Guard published in the Federal Register a final rule that changes the operating regulations governing the Venetian Causeway (West) drawbridge, Atlantic Intracoastal Waterway, mile 1088.6, and Venetian Causeway (East) drawbridge, Biscayne Bay, Miami, Miami-Dade County, Florida. Inadvertently, under the second amendatory instruction, the wrong section number was used in the section heading. This document corrects that incorrect section number.
Safety Zone; Port Pirate Festival Fireworks, Port Washington Harbor, Port Washington, WI
The Coast Guard is establishing a temporary safety zone in Port Washington Harbor, Port Washington, WI. This zone is intended to restrict vessels from a portion of Port Washington Harbor and Lake Michigan during the Port Pirate Festival fireworks display. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays.
National Boating Safety Advisory Council; Vacancies
The Coast Guard seeks applications for membership on the National Boating Safety Advisory Council (NBSAC). NBSAC advises the Coast Guard on matters related to recreational boating safety.
High Frequency (HF) Radio Broadcasts of Marine Weather Forecasts and Warnings
The Coast Guard is soliciting public comment on the need to continue providing high frequency (HF) radio broadcasts of weather forecasts and warnings. Public comment is necessary in order to assess the demand for the HF radio broadcasts of weather forecasts in each of three forms: (1) Radiofacsimile; (2) voice; and, (3) Simplex Teletype Over Radio (SITOR), also known as Narrow Band Direct Printing (NBDP). The infrastructure necessary to provide these services has exceeded its life expectancy; the equipment is no longer manufactured, repairs are difficult to accomplish, and spare parts generally are not available. Because of the very significant costs involved to continue these specific HF radio services, the Coast Guard requires information on the extent to which these services are used by the public and what alternative services are being used or are available to obtain weather forecasts and warnings.
Lower Mississippi River Waterway Safety Advisory Committee
The Lower Mississippi River Waterway Safety Advisory Committee (LMRWSAC) will meet to discuss various issues relating to navigational safety on the Lower Mississippi River and related waterways. The meeting will be open to the public.
Notice to Facilities to Begin Registration for Chemical Security Assessment Tool
The Department of Homeland Security (DHS or Department) recommends that chemical facilities begin the registration process to gain access to the Chemical Security Assessment Tool (CSAT) system. This is a voluntary registration process for facilities that think they may be covered by DHS's Chemical Facility Anti-Terrorism Standards located in 6 CFR Part 27 and that would like to initiate the process to determine whether or not they are covered by 6 CFR Part 27.
Special Immigrant and Nonimmigrant Religious Workers
This rule proposes to amend U.S. Citizenship and Immigration Services (USCIS) regulations regarding the special immigrant and nonimmigrant religious worker visa classifications. This rule addresses concerns about the integrity of the religious worker program by proposing a petition requirement for religious organizations seeking to classify an alien as an immigrant or nonimmigrant religious worker. This rule also addresses an on-site inspection for religious organizations to ensure the legitimacy of petitioner organizations and employment offers made by such organizations. This rule also would clarify several substantive and procedural issues that have arisen since the religious worker category was created. This notice proposes new definitions that describe more clearly the regulatory requirements, and the proposed rule would add specific evidentiary requirements for petitioning employers and prospective religious workers. Finally, this rule also proposes to amend how USCIS regulations reference the sunset date, the statutory deadline by which special immigrant religious workers, other than ministers, must immigrate or adjust status to permanent residence, so that regular updates to the regulations are not required each time Congress extends the sunset date.
Large Passenger Vessel Crew Requirements
The Coast Guard is amending its regulations on merchant mariner documentation to implement section 3509 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Warner Act), which allows for the issuance of merchant mariner documents (MMDs) to certain non-resident aliens for service in the stewards departments of U.S.-flag large passenger vessels endorsed for coastwise trade. Coast Guard regulations currently prohibit the Coast Guard from issuing MMDs, which are required for service on large passenger vessels, to non- immigrant aliens. This interim rule amends Coast Guard regulations to allow the Coast Guard to issue MMDs to qualified non-resident aliens who are authorized to be employed in the United States. This rule also sets the requirements that these aliens must meet in order to qualify for MMDs, and the requirements for the large passenger vessels that may choose to hire these aliens. This interim rule only applies to large passenger vessels, as defined under the Warner Act.
Changes in Flood Elevation Determinations
Modified Base (1% annual-chance) Flood Elevations (BFEs) are finalized for the communities listed below. These modified BFEs will be used to calculate flood insurance premium rates for new buildings and their contents.
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).
Special Local Regulations for Marine Events; Opening Day on San Francisco Bay, Corinthian Yacht Club, San Francisco Bay, CA
The Coast Guard will enforce the special local regulations for the annual ``Opening Day on San Francisco Bay'' sponsored by the Pacific Inter-Club Yacht Association and Corinthian Yacht Club in the navigable waters of San Francisco Bay on April 29, 2007. This action is necessary to control vessel traffic and to ensure the safety of event participants and spectators during the parade of boats. During the enforcement period spectator vessels may not anchor, block, loiter, nor impede the through transit of participants or official patrol vessels within the area described during the event without permission from the Coast Guard Patrol Commander.
Special Local Regulations for Marine Events; Blessing of the Fleet, Corinthian Yacht Club, San Francisco Bay, CA
The Coast Guard will enforce the special local regulations (SLR) for the annual ``Blessing of the Pleasure Craft Fleet'' sponsored by the Corinthian Yacht Club in the navigable waters of San Francisco Bay on April 29, 2007. This action is necessary to control vessel traffic and to ensure the safety of event participants and spectators during the formation and transit of vessels involved in the ceremonies. During the enforcement period spectator vessels may not anchor, block, loiter, nor impede the through transit of participants or official patrol vessels within the area described during the event without permission from the Coast Guard Patrol Commander.
Security Zone: Queen of England Visit, Jamestown Island, VA
The United States Coast Guard is establishing a 500-yard security zone encompassing waters in the vicinity of Church Point on Jamestown Island, VA, for the Queen of England's visit to Jamestown Island, VA. This action is intended to restrict vessel traffic within the 500-yard security zone described herein. This security zone is necessary to protect attendees of this event from potential maritime hazards and threats, and to enhance public and maritime security.
Security Zone: America's 400th Celebration, Jamestown, VA
The United States Coast Guard is establishing a security zone encompassing waters within 2-nautical miles of Church Point at 37- 12.45N, 076-46.66W, Jamestown Island, VA, for America's 400th Anniversary celebration. This action is intended to restrict vessel traffic within the security zone. This security zone is necessary to protect attendees of this event from potential maritime hazards and threats and enhance public and maritime security.
Drawbridge Operation Regulations; Mill Neck Creek, Oyster Bay, NY
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Bayville Bridge, across Mill Neck Creek, mile 0.1, at Oyster Bay, New York. This deviation will test a change to the drawbridge operation schedule to determine whether a permanent change to the schedule is needed. Under this test deviation the bridge will open on signal after at least a two hour advance notice is given by calling the number posted at the bridge during the following periods: from May 25, 2007 through October 31, 2007, between 11 p.m. and 7 a.m.; from November 1, 2007 through November 20, 2007 on weekdays between 5 p.m. and 7 a.m., and on weekends. At all other times the bridge will open on signal.
Name Change From the Bureau of Immigration and Customs Enforcement to U.S. Immigration and Customs Enforcement, and the Bureau of Customs and Border Protection to U.S. Customs and Border Protection
This Notice informs the public that the Department of Homeland Security (DHS) has changed the name of the Bureau of Immigration and Customs Enforcement to U.S. Immigration and Customs Enforcement (ICE), and the name of the Bureau of Customs and Border Protection to U.S. Customs and Border Protection (CBP).
Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes
The Department of Homeland Security, Office of the Secretary, will hold a public meeting to receive comments on the Notice of Proposed Rulemaking, ``Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes,'' published in the Federal Register on March 9, 2007 (72 FR 10820). We encourage interested parties to attend the meeting and submit comments for discussion during the meeting. In addition, we will also seek comments via email for discussion during the meeting from any party who is unable to attend in person. The webcast of the public meeting will be viewable at https://www.realidtownhall.com.
Safety Zones: Fireworks Displays in the Captain of the Port Portland Zone
The Coast Guard is proposing to amend its regulations to establish additional safety zones on the waters of the Columbia River located in the Area of Responsibility (AOR) of the Captain of the Port, Portland, Oregon during annual fireworks displays. The Captain of the Port, Portland Oregon is taking this action to safeguard watercraft and their occupants from safety hazards associated with these displays. Entry into these zones is prohibited unless authorized by the Captain of the Port.
Safety Zone, Kenosha Harbor, Kenosha, WI
The Coast Guard proposes to establish a temporary safety zone near Kenosha Harbor, Kenosha, Wisconsin. This zone is intended to control the movement of vessels on portions of Lake Michigan during the Spill Of National Significance (SONS) exercise on June 19 and 20, 2007. This zone is necessary to protect the public from the hazards associated with ships and boats deploying oil containment equipment.
Special Local Regulation: ULHRA Hydroplane Races, Columbia Park, Kennewick, WA
The Coast Guard is establishing a temporary special local regulation for the ULHRA National Series Hydroplane Race to be held on the waters of the Columbia River in the vicinity of Columbia Park, Kennewick, WA. These special local regulations limit the movement of non-participating vessels in the regulated race area. This temporary rule is needed to provide for the safety of life on navigable waters during the event.
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).
Agency Information Collection Activities: Proposed Collection; Comment Request
The Federal Emergency Management Agency (FEMA), 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 information collection outlined in 44 CFR part 61, as it pertains to application for National Flood Insurance Program insurance.
Oklahoma; Amendment No. 4 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Oklahoma (FEMA-1678-DR), dated February 1, 2007, 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. 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: EMI Independent Study Course Enrollment and Test Answer Sheet. OMB Number: 1660-0046. Abstract: The IS program office collect data from FEMA Form 95-23 to create and update student records and provide students with credit for training completion. The system also allows FEMA to track completions and failures of course exams. The data on the electronic form will be encrypted and sent to the server to be parsed into the Independent study database. The paper version of the form will be scanned and parsed into the database or key entered into the database. Affected Public: Individuals or Households, Federal Government, and State, Local or Tribal Government. Number of Respondents: 883,117. Estimated Time per Respondent: 45 minutes. Estimated Total Annual Burden Hours: 1,854,546. Frequency of Response: 4 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/FEMA, and sent via electronic mail to oirasubmission@omb.eop.gov or faxed to (202) 395-6974. Comments must be submitted on or before May 21, 2007.
Agency Information Collection Activities: Proposed Collection; Comment Request
The Federal Emergency Management Agency (FEMA), 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 information required by FEMA to amend or revise National Flood Insurance Program Maps to remove certain property from the 1-percent annual chance floodplain.
Agency Information Collection Activities: United States-Caribbean Basin Trade Partnership Act
The Bureau of Customs and Border Protection (CBP) of the Department of Homeland Security has submitted the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995: United States-Caribbean Basin Trade Partnership Act. This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with a change to the burden hours. This document is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register (72 FR 7770) on February 20, 2007, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10.
Agency Information Collection Activities: African Growth and Opportunity Act (AGOA) Textile Certificate of Origin
The Bureau of Customs and Border Protection (CBP) of the Department of Homeland Security has submitted the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995: African Growth and Opportunity Act Certificate of Origin. This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with no change to the burden hours. This document is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register (72 FR 7770) on February 20, 2007, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10.
Iowa; Amendment No. 1 to Notice of an Emergency Declaration
This notice amends the notice of an emergency declaration for the State of Iowa (FEMA-3275-EM), dated March 30, 2007, and related determinations.
Safety Zone; Great Lakes Naval Training Center Harbor, North Chicago, IL
The Coast Guard proposes to establish a temporary safety zone around Great Lakes Naval Training Center Harbor. This zone is intended to control the movement of vessels on portions of Lake Michigan and Great Lakes Naval Training Center Harbor during the Spill of National Significance (SONS) exercise on June 19 and 20, 2007. This zone is necessary to protect the public from the hazards associated with ships and boats deploying oil containment equipment.
Drawbridge Operation Regulation; Illinois Waterway, Illinois
The Coast Guard is revising the drawbridge operations for the Pekin Railroad Drawbridge, Mile 151.2, at Pekin, Illinois and the Chessie Railroad Drawbridge, Mile 254.1 at Seneca, Illinois across the Illinois Waterway. The present regulation found in Sec. 117.393(b) is being revised to reflect the actual procedures that have always been followed. That regulation was intended to be temporary, for test purposes only, and was inadvertently permanently included in the Code of Federal Regulations. This rule eliminates the ``Specific Requirements'' for remote operation, and the bridge will continue to operate, as required by the Coast Guard, under the ``General Requirements''. In addition, the Coast Guard is revising the regulation governing the operation of the Chessie Railroad Drawbridge across the Illinois Waterway, Mile 254.1, at Seneca, Illinois. The existing regulation requires the drawspan to open on signal. This revision is necessary to reflect a change in operating procedure.
Agency Information Collection Activities: Distribution of Continued Dumping and Subsidy Offset to Affected Domestic Producers
The Bureau of Customs and Border Protection (CBP) of the Department of Homeland Security has submitted the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995: Distribution of Continued Dumping and Subsidy Offset to Affected Domestic Producers. This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended without a change to the burden hours. This document is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register (72 FR 7445) on February 15, 2007, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10.
Agency Information Collection Activities: Approval of Commercial Gaugers and Accreditation of Commercial Laboratories
The Bureau of Customs and Border Protection (CBP) of the Department of Homeland Security has submitted the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995: Accreditation of Commercial Testing Laboratories and Approval of Commercial Gaugers. This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with no change to the burden hours. This document is published to obtain comments form the public and affected agencies. This proposed information collection was previously published in the Federal Register (72 FR 7445) on February 15, 2007, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10.
Removal of the Standardized Request for Evidence Processing Timeframe
This rule amends Department of Homeland Security regulations to provide flexibility to U.S. Citizenship and Immigration Services in setting the time allowed to applicants and petitioners to respond to a Request for Evidence or to a Notice of Intent to Deny. This rule also describes the circumstances under which U.S. Citizenship and Immigration Services will issue a Request for Evidence or Notice of Intent to Deny before denying an application or petition, but United States Citizenship and Immigration Services will continue generally to provide petitioners and applicants with the opportunity to review and rebut derogatory information of which he or she is unaware. This rule also clarifies when petitioners and applicants may submit copies of documents in lieu of originals. In addition to these changes, this rule removes obsolete references to legacy agencies, and it removes obsolete language relating to certain legalization and agricultural worker programs.
Safety Zone: Town of Weymouth Fourth of July Celebration Fireworks, Weymouth, MA
The Coast Guard proposes establishing a temporary safety zone for the Town of Weymouth's Fourth of July Celebration Fireworks in Weymouth, Massachusetts currently scheduled to occur on June 30, 2007 with a rain date of July 1, 2007 temporarily closing all navigable waters of the Weymouth Fore River within a five hundred (500) yard radius of the fireworks launch barge located at approximate position 42[deg]15.2 N, 070[deg]56.7 W. The safety zone is needed to protect the maritime public from the potential hazards posed by a fireworks display. The safety zone will prohibit entry into or movement within this portion of the Weymouth Fore River during its effective period.
Safety Zone; South Portland, ME, Gulf Blasting Project
The Coast Guard is reinstating the temporary safety zone around the blasting and dredging project near the Gulf Oil Terminal Berth in South Portland, Maine and around the M/V RELIANCE. These safety zones are needed to protect persons, facilities, vessels and others in the maritime community from the safety hazards associated with this blasting and dredging project, which is being undertaken to increase the water depth of the Gulf Oil Terminal Berth to 41 feet. Entry into this safety zone is prohibited unless authorized by the Captain of the Port, Northern New England.
Safety Zone; Outer Continental Shelf Facility in the Gulf of Mexico for Mississippi Canyon Block 920
The Coast Guard proposes to establish a 500 meter safety zone around the oil and natural gas production facility Independence Hub in Mississippi Canyon Block 920 of the Outer Continental Shelf in the Gulf of Mexico. This safety zone is needed to protect the crew of the Independence Hub and vessels operating in the vicinity of the facility. Vessels are prohibited from entering this proposed safety zone with the following exceptions: an attending vessel; a vessel under 100 feet in length overall not engaged in towing; or a vessel authorized by the Eighth Coast Guard District Commander.
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