Department of Homeland Security June 2008 – Federal Register Recent Federal Regulation Documents

This notice amends the notice of a major disaster declaration for the State of Oklahoma (FEMA-1754-DR), dated May 9, 2008, and related determinations.

This document amends the Customs and Border Protection (``CBP'') Regulations in title 19 of the Code of Federal Regulations (19 CFR) in order to remove a provision that draws a distinction between preservative and decorative painting for purposes of the partial duty exemption under subheading 9802.00.80, Harmonized Tariff Schedule of the United States (``HTSUS''). The change is made to conform the CBP Regulations with the holding of a court decision in which the regulatory distinction between preservative and decorative painting was found to be invalid.

This is a notice of the Presidential declaration of a major disaster for the State of Nebraska (FEMA-1765-DR), dated May 30, 2008, 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.

The Coast Guard proposes to establish a temporary regulated navigation area and safety zone on the Chicago Sanitary and Ship Canal near Romeoville, IL. This proposed regulated navigation area and safety zone places navigational and operational restrictions on all vessels transiting through the electrical dispersal barrier IIA.

The Coast Guard is creating a temporary safety zone for the Parexel Fireworks display to be held on June 23, 2008 in Boston, Massachusetts. The zone temporarily closes all waters of Boston Harbor within a three hundred (300) yard radius of the fireworks launch site located in Boston Harbor at approximate position 42[deg]21[min]26[sec] N., 071[deg]2[min]38[sec] W. The safety zone is necessary to protect the maritime public from the potential hazards posed by a fireworks display. Entry into this zone is prohibited during the closure period unless authorized by the Captain of the Port, Boston.

The Coast Guard proposes a safety zone, on the navigable waters of Lake Moolvalya region on the lower Colorado River in support of the Bluewater Resort and Casino Annual Thanksgiving Regatta. This safety zone is necessary to provide for the safety of the participants, crew, spectators, participating vessels, and other vessels and users of the waterway. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, or his designated representative.

In compliance with the Paperwork Reduction Act of 1995, this request for comments announces that the U.S. Coast Guard is forwarding one Information Collection Request (ICR), abstracted below, to the Office of Information and Regulatory Affairs (OIRA), Office of Management and Budget (OMB) requesting an extension of their approval for the following collection of information: 1625-New, Proceedings of the Marine Safety and Security Council, the Coast Guard Journal of Safety and Security at Sea; online subscription request form. 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.

The Department of Homeland Security (DHS) invites the general public and other federal agencies the opportunity to comment on new information collection request 1670-NEW, US-CERT Incident Reporting. As required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35), as amended by the Clinger-Cohen Act (Pub. L. 104- 106), DHS is soliciting comments for this collection.

The Commander, Eighth Coast Guard District has issued a temporary deviation from the regulation governing the operation of the Clinton Railroad Drawbridge, Mile 518.0, Clinton, Iowa, across the Upper Mississippi River. The deviation is necessary for the bridge to remain closed-to-navigation for intermittent periods of up to 1 hour and 30 minutes in duration, allowing the bridge owner time to perform necessary repairs to the bridge approaches and adjacent rail bed.

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: Application for Waiver of Passport or Visa (Form I-193). 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 (73 FR 15763) on March 25, 2008, 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.

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: Permit to Transfer Containers to a Container Station. 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 (73 FR 15765) on March 25, 2008, 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.

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: Report of Diversion. 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 (73 FR 15767) on March 25, 2008, 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.

The Department of Homeland Security is amending its regulations to exempt portions of a system of records from certain provisions of the Privacy Act. Specifically, the Department proposes to exempt portions of the Electronic System for Travel Authorization (ESTA) from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

This rule amends Department of Homeland Security (DHS) regulations to implement the Electronic System for Travel Authorization (ESTA) requirements under section 711 of the Implementing Recommendations of the 9/11 Commission Act of 2007, for aliens who wish to enter the United States under the Visa Waiver Program (VWP) at air or sea ports of entry. This rule establishes ESTA and delineates the data fields DHS has determined will be collected by the system. As required under section 711 of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Secretary of Homeland Security will announce implementation of a mandatory ESTA system by publication of a notice in the Federal Register no less than 60 days before the date on which ESTA becomes mandatory for all VWP travelers. Once ESTA is mandatory, all VWP travelers must either obtain travel authorization in advance of travel under ESTA or obtain a visa prior to traveling to the United States. Currently, aliens from VWP countries must provide certain biographical information to U.S. Customs and Border Protection (CBP) Officers at air and sea ports of entry on a paper form Nonimmigrant Alien Arrival/Departure (Form I-94W). Under this interim final rule, VWP travelers will provide the same information to CBP electronically before departing for the United States. Once ESTA is mandatory and all carriers are capable of receiving and validating messages pertaining to the traveler's ESTA status as part of the traveler's boarding status, DHS will eliminate the I-94W requirement. By automating the I-94W process and establishing a system to provide VWP traveler data in advance of travel, CBP will be able to determine the eligibility of citizens and eligible nationals from VWP countries to travel to the United States and whether such travel poses a law enforcement or security risk, before such individuals begin travel to the United States. ESTA will provide for greater efficiencies in the screening of international travelers by allowing CBP to identify subjects of potential interest before they depart for the United States, thereby increasing security and reducing traveler delays upon arrival at U.S. ports of entry.

The Commander, Seventh Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Spanish River Boulevard bridge across the Atlantic Intracoastal Waterway, mile 1044.9, at Boca Raton, FL. The deviation is necessary to perform rehabilitation work on the bridge. This deviation allows the bridge to operate with a five feet reduced vertical clearance, operate with single leaf openings, and/or operate with full double leaf opening pending a three hour advance notice.

The Commander, Seventh Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Davie Boulevard (SW Twelfth Street) Bridge, New River (South Fork), mile 0.9, at Fort Lauderdale, FL. The deviation is necessary to provide for the safety of workers in conducting maintenance on the bridge. This deviation allows the bridge to remain closed during limited hours of the day.

The Transportation Security Administration (TSA) invites public comment on a new information collection requirement abstracted below that the agency will submit to the Office of Management and Budget (OMB) for approval in compliance with the Paperwork Reduction Act. The collection will include the submission of information pertaining to security concerns specific to each individual airport, as perceived by the airport operators of approximately 3,000 general aviation airports. The information collected is part of a program designed to perform a standardized threat and vulnerability assessment program for general aviation airports. The information collected will also be used to provide context for a feasibility study of the development of a program, based upon a risk-management approach, to provide grants to operators of general aviation airports for projects to upgrade security at such airports. A grant program will be established only if the Administrator determines that such a program is feasible based upon the information collected and additional research outside of the scope of this notice.

The Department of Homeland Security, Office of the Chief Procurement Officer, Acquisition Policy and Legislation Office, will submit 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 (as amended), 44 U.S.C. Chapter 35). The Office of the Chief Procurement Officer is soliciting comments related to its request for extension of an existing information collection authority for the solicitation of proposal information for award of public contracts under Homeland Security Acquisition Regulation (HSAR).

This notice informs the public that the Department of Homeland Security (DHS) is currently reviewing the National Infrastructure Protection Plan (NIPP) and, as part of a comprehensive national review process, solicits public comment on issues or language in the NIPP that need to be updated in this triennial review cycle.

The Coast Guard announces that public meetings for the May 23, 2008 notice of proposed rulemaking (NPRM) on dry cargo residue discharges in the Great Lakes and its supporting Draft Environmental Impact Statement (DEIS) will be held in Duluth, Minnesota, and Cleveland, Ohio, in July 2008. The proposed rule would allow the continued discharge of certain non-toxic and non-hazardous bulk dry cargo residues in the Great Lakes. Existing prohibitions on discharges in certain areas would be continued, and additional sensitive and protected areas would be defined as no-discharge zones. Recordkeeping and reporting requirements would be imposed, and the voluntary use of measures to control residues would be encouraged.

The Department of Homeland Security (DHS) invites the general public and other federal agencies the opportunity to comment on new information collection request 1670NEW, Constellation/Automated Critical Asset Management System (C/ACAMS) Functional Survey. As required by the Paperwork Reduction Act of 1995, (Pub. L. 104-13, 44 U.S.C. chapter 35) as amended by the Clinger-Cohen Act (Pub. L. 104- 106), DHS is soliciting comments for this collection.

This notice amends the notice of a major disaster declaration for the State of Oklahoma (FEMA-1756-DR), dated May 14, 2008, and related determinations.

This is a notice of the Presidential declaration of a major disaster for the State of Colorado (FEMA-1762-DR), dated May 26, 2008, and related determinations.