Department of Homeland Security September 2007 – Federal Register Recent Federal Regulation Documents
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National Offshore Safety Advisory Committee; Vacancies
The Coast Guard seeks applications for membership on the National Offshore Safety Advisory Committee (NOSAC). NOSAC provides advice and makes recommendations to the Coast Guard on matters affecting the offshore industry.
Advance Information on Private Aircraft Arriving and Departing the United States
This notice of proposed rulemaking (NPRM) proposes to require the pilot of any private aircraft arriving in the United States from a foreign port or location or departing the United States for a foreign port or location to transmit to Customs and Border Protection (CBP) an advance electronic transmission of information regarding each individual traveling onboard the aircraft. This NPRM also proposes to add data elements to the existing notice of arrival requirements and proposes a new notice of departure requirement. The notice of arrival and notice of departure information would be required to be submitted to CBP through an approved electronic data interchange system in the same transmission as the corresponding arrival or departure manifest information. Under the NPRM, this data must be received by CBP no later than 60 minutes before an arriving private aircraft departs from a foreign location and no later than 60 minutes before a private aircraft departs a United States airport or location for a foreign port or place. Finally, this NPRM proposes to clarify landing rights procedures and departure clearance procedures as well as expressly setting forth CBP's authority to restrict aircraft from landing in the United States based on security and/or risk assessments; or, based on those assessments, to specifically designate and limit the airports from where aircraft may land or depart.
Ohio; Amendment No. 1 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster for the State of Ohio (FEMA-1720-DR), dated August 27, 2007, 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 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: 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: FEMA Public Assistance Program Evaluation and Customer Satisfaction Survey. OMB Number: 1660-NW32. Abstract: The purpose of the proposed survey is to measure FEMA's Public Assistance (PA) program performances and achievements against customer service standards of Executive Order 12862 of September 11, 1993, as well as Government Performance and Results Act of 1993 (GPRA) objectivities. Survey results are used to gauge satisfaction levels of PA customers, and make improvements to disaster services that focus on customer satisfaction and program effectiveness. Affected Public: Business or other for-profit; Not-for-profit institutions; Farms; Federal Government; and State, local or tribal Governments. Number of Respondents: 2,500 for survey; 20 for focus group.* Estimated Time per Respondent: 0.3 hours per survey; 6 hours per focus group.* Estimated Total Annual Time Burden: 870 hours.* Annual Frequency of Response: 1.
Texas; Amendment No. 11 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Texas (FEMA-1709-DR), dated June 29, 2007, and related determinations.
Wisconsin; Amendment No. 2 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Wisconsin (FEMA-1719-DR), dated August 26, 2007, 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).
Oklahoma; Amendment No. 6 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Oklahoma (FEMA-1712-DR), dated July 7, 2007, and related determinations.
New York; 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 York (FEMA-1724-DR), dated August 31, 2007, and related determinations.
Minnesota; Amendment No. 4 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Minnesota (FEMA-1717-DR), dated August 23, 2007, and related determinations.
Ohio; Amendment No. 2 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Ohio (FEMA-1720-DR), dated August 27, 2007, and related determinations.
Agency Information Collection Activities: Submission for OMB Review; 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 the adequacy of two forms FEMA uses to gather certain information about the floodplain management activities of communities that participate in the National Flood Insurance Program (NFIP). The forms are used to gather information about a community's floodplain management regulations, administrative and enforcement procedures, flood insurance studies, and basic information pertaining to names, addresses, and phone numbers of individuals responsible for a community's floodplain management program.
Minnesota; Amendment No. 3 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster for the State of Minnesota (FEMA-1717-DR), dated August 23, 2007, and related determinations.
Oklahoma; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the State of Oklahoma (FEMA-1723-DR), dated August 31, 2007, and related determinations.
Wisconsin; Amendment No. 1 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster for the State of Wisconsin (FEMA-1719-DR), dated August 26, 2007, and related determinations.
Suspension of Community Eligibility
This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date.
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-1724-DR), dated August 31, 2007, and related determinations.
Training and Service Requirements for Merchant Marine Officers
The Coast Guard proposes to make administrative changes to the requirements for merchant mariner training and service. The proposed regulation would remove the expiration date of the radar-observer endorsement from the merchant mariner's license, allow for an apprentice mate of towing vessels to reduce sea-service time for mate (pilot) of towing vessels by completing additional approved training, and would provide an alternate path to mate (pilot) of towing vessels for master of steam or motor vessels not more than 200 gross register tons. These changes are intended to eliminate confusion and clarify training and service requirements.
New Classification for Victims of Criminal Activity; Eligibility for “U” Nonimmigrant Status
This interim rule amends Department of Homeland Security regulations to establish the requirements and procedures for aliens seeking U nonimmigrant status. The U nonimmigrant classification is available to alien victims of certain criminal activity who assist government officials in investigating or prosecuting such criminal activity. The purpose of the U nonimmigrant classification is to strengthen the ability of law enforcement agencies to investigate and prosecute such crimes as domestic violence, sexual assault, and trafficking in persons, while offering protection to alien crime victims in keeping with the humanitarian interests of the United States. This interim rule outlines the eligibility and application requirements for the U nonimmigrant classification and the benefits and limitations relating to those granted U nonimmigrant status. This interim rule also amends existing regulations to include U nonimmigrants among the nonimmigrant status holders able to seek a waiver of documentary requirements to gain admission to the United States, and to permit nonimmigrants to change status to that of a U nonimmigrant where applicable. This rule also establishes a filing fee for U nonimmigrant petitions. Aliens who have been granted interim relief from USCIS are encouraged to file for U nonimmigrant status within 180 days of the effective date of this interim rule. USCIS will no longer issue interim relief upon the effective date of this rule; however, if the alien has properly filed a petition for U nonimmigrant status, but USCIS has not yet adjudicated that petition, interim relief will be extended until USCIS completes its adjudication of the petition.
NAFTA: Merchandise Processing Fee Exemption and Technical Corrections
This document amends the U.S. Customs and Border Protection (CBP) regulations to clarify that, in order to claim the exemption from the merchandise processing fee (MPF) for merchandise that is considered ``originating'' and qualifies to be marked as products of Canada or Mexico under the provisions of the NAFTA, an importer is subject to the same declaration requirement that is established for obtaining NAFTA duty preference, even if the merchandise is unconditionally free. In addition, this document amends the regulations to clarify that a Certificate of Origin is not required for a commercial importation for which the total value of originating goods does not exceed $2,500. Lastly, this document remedies two incorrect addresses and an incorrect Code of Federal Regulations citation, and incorporates non-substantive amendments to certain sections in the regulations to reflect the nomenclature changes effected by the transfer of CBP to the Department of Homeland Security and the reorganization of certain offices in CBP pursuant to the ``Security and Accountability for Every Port Act of 2006'' (or the ``Safe Port Act''), as well as certain other minor editorial changes.
Safety Zone: Holiday Flotilla Fireworks Display, Motts Channel/Banks Channel, Wrightsville Beach, NC
The Coast Guard proposes the establishment of a 1000 foot safety zone around a fireworks display for the North Carolina Holiday Flotilla occurring on November 24, 2007, in the vicinity of Motts Channel/Banks Channel and Wrightsville Beach, NC. This action is intended to restrict vessel traffic on Motts Channel. This safety zone is necessary to protect mariners from the hazards associated with fireworks displays.
Security Zone; Hawaii Superferry Arrival/Departure, Nawiliwili Harbor, Kauai, HI
This document corrects the spelling of a shipping facility and vessel and corrects the point of contact in a temporary final rule entitled ``Security Zone; Hawaii Super Ferry Arrival/Departure, Nawiliwili Harbor, Kauai, Hawaii'' that was published September 5, 2007, in the Federal Register.
Agency Information Collection Activities: Importation Bond Structure
U.S. 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: Importation Bond Structure. 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 38094) on July 12, 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: Articles Assembled Abroad With Textile Components Cut to Shape in the U.S.
U.S. 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: Articles Assembled Abroad with Textile Components Cut to Shape in the U.S. 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 38094-38095) on July 12, 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: Declaration by the Person Who Performed the Processing of Goods
U.S. 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: Declaration by the Person Who Performed the Processing of Goods Abroad. 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 38093-38094) on July 12, 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: Free Trade Agreements
U.S. 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: Free Trade Agreements. 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 38093) on July 12, 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: Haitian Hemispheric Opportunity Through Partnership Encouragement Act of 2006
U.S. 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: Haitian Hemispheric Opportunity Through Partnership Encouragement (``HOPE'') Act of 2006. 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 38092) on July 12, 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: U.S-Jordan Free Trade Agreement
U.S. 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: U.S.-Jordan Free Trade Agreement. 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 38092) on July 12, 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.
Drawbridge Operation Regulations; Potomac River, Between Maryland and Virginia
The Commander, Fifth Coast Guard District, has approved a temporary deviation from the regulations 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 from 7 a.m. beginning on September 17, 2007 until and including 11:59 p.m. on October 19, 2007, to facilitate completion of concrete pours for the new Woodrow Wilson Bridge construction project.
Drawbridge Operation Regulations; Hackensack River, Jersey City, NJ
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the NJTRO Lower Hack Bridge across the Hackensack River, mile 3.4, at Jersey City, New Jersey. Under this temporary deviation, the NJTRO Lower Hack Bridge may remain in the closed position from 7 a.m. on Saturday, September 22, 2007 through 7 p.m. on Sunday, September 23, 2007. Vessels that can pass under the draw without a bridge opening may do so at all times. In the event of inclement weather, the rain dates will be September 29, 2007 and September 30, 2007. This deviation is necessary to facilitate aerial cable installation at the bridge.
Drawbridge Operation Regulations; Jamaica Bay, New York, NY
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Beach Channel Railroad Bridge across Jamaica Bay, mile 6.7, at New York, New York. Under this temporary deviation, in effect for four weekends in September, the Beach Channel Railroad Bridge may remain in the closed position on Saturdays and Sundays from 6 a.m. to 9 p.m. This deviation is necessary to facilitate bridge track repairs.
Open Meeting, 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: Name: Board Of Visitors (BOV) for the National Fire Academy. Date of Meeting: October 4-6, 2007. Place: Building J, Room 236, National Emergency Training Center, Emmitsburg, Maryland. Time: October 4, 9 a.m.-5 p.m.; October 5, 9 a.m.-5 p.m.; October 6, 8:30 a.m.-11:30 a.m. Proposed Agenda: Review National Fire Academy Program Activities.
National Response Framework
The Federal Emergency Management Agency (FEMA) is accepting comments on the revised National Response Plan now known as the National Response Framework (NRF). The NRF was drafted to build upon the current National Response Plan, incorporate lessons-learned from recent disasters, and to articulate more clearly the roles of the States, tribal, and local jurisdictions and the private sector to guide a successful response to natural disasters or terrorist attacks.
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).
Safety Zone; Chesapeake Bay, Susquehanna River, Havre de Grace, MD
The Coast Guard is establishing a temporary safety zone in waters of the Susquehanna River within a 50-yard radius of pier number 5 of the old US-40 Highway bridge (bridge number 1206000). The bridge is located at approximate position latitude 39[deg]33'11'' N, longitude 076[deg]05'09'' W. This safety zone is necessary to provide for the safety of life, property and the environment on navigable waters of the U.S. This safety zone restricts the movement of vessels in a portion of the Susquehanna River, in order to facilitate the marking as a hazard to navigation and the removal of the heavily damaged abandoned masonry bridge pier structure located near Havre de Grace, in Harford County, Maryland.
Collection of Information Under Review by Office of Management and Budget: OMB Control Number: 1625-0108
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) requesting an extension of its approval for the following collection of information: 1625-0108, Standard Numbering System for Undocumented Vessels. Before submitting this ICR to OMB, the Coast Guard is inviting comments as described below.
Collection of Information Under Review by Office of Management and Budget: OMB Control Numbers: 1625-0025 and 1625-0058
In compliance with the Paperwork Reduction Act of 1995, this request for comments announces that the Coast Guard is forwarding two Information Collection Requests (ICRs), abstracted below, to the Office of Information and Regulatory Affairs (OIRA) of the Office of Management and Budget (OMB) requesting an extension of their approval for the following two collections of information: (1) 1625-0025, Carriage of Bulk Solids Requiring Special Handling46 CFR part 148; and (2) 1625-0058, Application for Permit to Transport Municipal and Commercial Waste. Our ICRs describe 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.
National Boating Safety Advisory Council
The National Boating Safety Advisory Council (NBSAC) and its subcommittees on boats and associated equipment, prevention through people, and recreational boating safety strategic planning will meet to discuss issues relating to recreational boating safety. All meetings will be open to the public.
Towing Safety Advisory Committee
On Tuesday, September 4, 2007, the Coast Guard published its intent to hold meetings of the Towing Safety Advisory Committee. This supplemental notice makes an addition to the previous one.
Addition of San Antonio International Airport to List of Designated Landing Locations for Certain Aircraft
This document proposes to amend the Customs and Border Protection (CBP) Regulations by adding the San Antonio International Airport (SAT), located in San Antonio, Texas, to the list of designated airports at which certain aircraft arriving in the continental United States from certain areas south of the United States must land for CBP processing. This proposed amendment is made to improve the effectiveness of CBP enforcement efforts to combat the smuggling of contraband by air into the United States from the south.
Proposed Bridge Over the Amite River Diversion Canal, Mile 3.37, Near Head of Island, Livingston Parish, LA
The Coast Guard will hold a public hearing to receive comments on the proposed bridge across the Amite River Diversion Canal, mile 3.37, located in Sections 32 and 33, Township 9 South, Range 4 West, near Head of Island, Livingston Parish, Louisiana. The hearing will focus on the issue concerning the vertical clearance of the proposed bridge, which will measure 22.4 feet at Mean High Water, elevation 3.0 feet National Geodetic Vertical Datum (NGVD). Comments regarding impacts that the proposed bridge project may have on navigation of the Amite River Diversion Canal and the environment will be of particular relevance to the Coast Guard's bridge permitting responsibilities.
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 a State exemption from the requirement to purchase flood insurance with respect to State-owned structures.
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 communities applying for eligibility in the National Flood Insurance Program (NFIP) by submitting the items listed on the prerequisites for the sale of flood insurance. This form is used by communities enrolling in the NFIP.
Illinois; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the State of Illinois (FEMA-1722-DR), dated August 30, 2007, and related determinations.
Oklahoma; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the State of Oklahoma (FEMA-1718-DR), dated August 24, 2007, and related determinations.
Minnesota; Amendment No. 1 to Notice of an Emergency Declaration
This notice amends the notice of an emergency for the State of Minnesota (FEMA-3278-EM), dated August 21, 2007, and related determinations.
Minnesota; Emergency and Related Determinations
This is a notice of the Presidential declaration of an emergency for the State of Minnesota (FEMA-3278-EM), dated August 21, 2007, and related determinations.
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