Department of Homeland Security September 2007 – Federal Register Recent Federal Regulation Documents

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 e-Grants application used to determine whether mitigation activities proposed for funding meets eligibility criteria. To better reflect all of the mitigation grant programs using the mitigation e-Grants application, the Flood Mitigation Assistance (FMA) e-Grant Program, the Pre-Disaster Mitigation (PDM) e-Grant Program and the Repetitive Flood Claims (RFC) e-Grant Program have been combined and renamed to be called the Mitigation Grant Program/e-Grants.

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 State Hazard Mitigation Plan requirements to support State administration of FEMA Mitigation grant programs.

The Department of Homeland Security (DHS), through the Transportation Security Administration (TSA) and the United States Coast Guard (Coast Guard), issues this final rule to amend provisions of its previously issued final rule, to allow for greater participation in the TWIC program and codify final fees to obtain a TWIC. This final rule continues to further secure our Nation's ports and modes of transportation, and also implements the Maritime Transportation Security Act of 2002 (MTSA) and the Security and Accountability for Every Port Act of 2006 (SAFE Port Act). Those statutes require credentialed merchant mariners and individuals with unescorted access to secure areas of vessels and facilities to undergo a security threat assessment and receive a biometric credential, known as a Transportation Worker Identification Credential (TWIC). With this final rule, the Coast Guard amends its regulations on vessel and facility security, requiring the use of the TWIC as an access control measure. Specifically, the Coast Guard is amending its definition of secure areas, to take into account facilities in the Commonwealth of the Northern Mariana Islands, whose workers are not required to obtain work visas from the United States before being allowed to work. With this final rule, TSA amends its regulations on TWIC to allow additional non-resident aliens to apply for a TWIC if they are working in a job that requires them to have unescorted access to a maritime facility regulated under 33 CFR parts 105 or 106. TSA also amends the scope provision of the rule to include additional non-resident aliens that may apply for TWIC. TSA amends its regulations to clarify those credentialed merchant mariners who may receive a TWIC at a reduced fee. TSA amends the fee portion of the regulation, increasing the replacement credential fee from $36 to $60 and codifying the other fees that were announced in the Federal Register on March 20, 2007. Finally, TSA announces a reduction in the fee charged by the Federal Bureau of Investigation (FBI) to conduct fingerprint-based criminal history record checks (CHRCs) that are submitted to the FBI electronically. Therefore, the standard fee for a TWIC is $132.50 and the reduced TWIC fee for applicants who have completed a comparable threat assessment is $105.25.

This document contains corrections to the interim rule published in the Federal Register on September 17, 2007. The rule established the requirements and procedures for aliens seeking U nonimmigrant status. A review of the interim rule after publication identified erroneous references to filing fees for Form I-918, ``Petition for U Nonimmigrant Status,'' and Form I-918, Supplement A.

The Coast Guard is establishing a temporary safety zone on the St. Clair River, Marine City, Michigan. This safety zone is intended to restrict vessels from portions of the St. Clair River during the Marine City Maritime Festival Fireworks Display. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays.

The Coast Guard is amending special local regulations for annual regattas and marine parades in the Captain of the Port Lake Michigan zone. This rule is intended to ensure safety of life on the navigable waters immediately prior to, during, and immediately after regattas or marine parades. This rule will establish restrictions upon, and control the movement of, vessels in a specified area immediately prior to, during, and immediately after regattas or marine parades.

The Department of Homeland Security, Office of the Citizenship and Immigration Services Ombudsman, submits this extension for the following information collection request (ICR) to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). The Office of the Citizenship and Immigration Services Ombudsman is soliciting comments concerning an extension to an existing information collection, DHS CIS Ombudsman Case Problem Submission, DHS Form 7001.

This notice amends the notice of a major disaster for the State of Oklahoma (FEMA-1718-DR), dated August 24, 2007, and related determinations.

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.

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).

The Coast Guard seeks applications for membership in the Area Maritime Security Committee, New Orleans. The Committee assists the Captain of the Port, New Orleans, in developing, reviewing, and updating the Area Maritime Security Plan for their area of responsibility.

The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the SR 23 bridge across the Gulf Intracoastal Waterway (Algiers Alternate Route), mile 3.8, at Belle Chasse, Plaquemines Parish, Louisiana. This temporary rule is issued to facilitate movement of vehicular traffic for the New Orleans Open House 2007 Air Show, to be held at the U.S. Naval Air Station, Joint Reserve Base at Belle Chasse, Louisiana.

Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq. (NEPA), U.S. Customs and Border Protection (CBP) will prepare an Environmental Impact Statement (EIS) to identify and assess the potential impacts associated with a proposal to construct and operate approximately four miles of tactical infrastructure and supporting patrol roads along the U.S./Mexico international border south of and adjacent to Otay Mountain Wilderness area in San Diego County, California (the Proposed Action). The purpose of the Proposed Action is to further CBP's ability to gain effective control of the border by denying pedestrian and other access in this high priority section of the Office of Border Patrol's (OBP's) San Diego Sector. CBP is the decision-making agency for this Proposed Action. Notice is hereby given that the public scoping process has been initiated to prepare an EIS that will address the impacts and alternatives of the Proposed Action. The purpose of the scoping process is to solicit public comment regarding the range of issues, including potential impacts and alternatives that should be addressed in the EIS.

This document corrects a typographical error in a U.S. Code section number and corrects a reference to an access road on the jetty south of Nawiliwili Park 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.

This notice amends the notice of a major disaster declaration for the State of North Dakota (FEMA-1726-DR), dated September 7, 2007, and related determinations.

This rule makes non-substantive changes throughout Title 46 of the Code of Federal Regulations. The purpose of this rule is to make conforming amendments and technical corrections to Coast Guard shipping regulations. This rule will have no substantive effect on the regulated public.

Customs and Border Protection (CBP), 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 final group, or cluster, of ports to be deployed for this test.

The Commander, Seventh Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Welch Causeway/Tom Stuart (SR 666) Bridge across the Gulf Intracoastal Waterway, mile 122.8, at Madeira Beach, Pinellas County, Florida. This deviation is necessary to expedite repairs to the Welch Causeway Bridge. This deviation allows the bridge to open a single-leaf only with double-leaf openings available upon three hours notice to the bridge tender.

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.

This is a notice of the Presidential declaration of a major disaster for the State of North Dakota (FEMA-1725-DR), dated September 7, 2007, and related determinations.

This notice announces an 18-month automatic extension of employment authorization and Employment Authorization Documents for Liberians (and persons without nationality who last habitually resided in Liberia) who have been provided Deferred Enforced Departure (DED) in accordance with the Memorandum from President George W. Bush, to Secretary of Homeland Security, Michael Chertoff, dated September 12, 2007. In addition, this notice informs the affected Liberians and their employers, or prospective employers, that a copy of this notice presented in conjunction with an Employment Authorization Document (EAD) expiring on September 30, 2007, that was previously issued to the person as a beneficiary of Temporary Protected Status (TPS), may be accepted as evidence of a covered individual's continued employment authorization through March 31, 2009. This notice further informs Liberians covered by DED and their employers how they may determine which EADs are automatically extended. Finally, this notice provides instructions for those Liberians who have been provided DED and who would like to apply for permission to travel outside the United States during the 18-month DED period.

The Coast Guard is finalizing the February 2007 interim rule, which updated rates for pilotage service on the Great Lakes by increasing rates an average of 22.62% across all three pilotage districts over the last ratemaking that was completed in April 2006. Annual reviews of pilotage rates are required by law to ensure that sufficient revenues are generated to cover the annual projected allowable expenses, target pilot compensation, and returns on investment of the pilot associations.

The Coast Guard proposes to temporarily change the drawbridge operating regulations governing the operation of the Hamilton Avenue Bridge, mile 1.2, across the Gowanus Canal at Brooklyn, New York. This proposed rule would allow the bridge owner to require a four-hour notice for bridge openings from November 5, 2007 to January 15, 2009. This rule is necessary to facilitate rehabilitation construction at the bridge.