Department of Homeland Security April 2009 – Federal Register Recent Federal Regulation Documents
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Safety Zone; Thunder on Niagara, Niagara River, North Tonawanda, NY
The Coast Guard proposes establishment of a safety zone for a powerboat race in the Captain of the Port Buffalo zone. This proposed rule is intended to restrict vessels from areas of water during events that pose a hazard to public safety. The safety zone established by this proposed rule is necessary to protect spectators, participants, and vessels from the hazards associated with a powerboat race.
Security Zone; Portland Rose Festival on Willamette River
The Coast Guard will enforce the Portland Rose Festival Security Zone on the Willamette River from 1 p.m. on June 3, 2009, until 10 a.m. June 8, 2009. This action is necessary to ensure the safety and security of maritime traffic, including the public vessels present, on the Willamette River during the Portland Rose Festival. During the enforcement period, entry into the security zone detailed in 33 CFR 165.1312 is prohibited unless authorized by the Captain of the Port Portland or his designated representative.
Security Zone; Freeport LNG Basin, Freeport, TX
The Coast Guard proposes to establish a permanent security zone in the Freeport LNG Basin. This security zone is needed to protect vessels, waterfront facilities, the public, and other surrounding areas from destruction, loss, or injury caused by sabotage, subversive acts, accidents, or other actions of a similar nature. Entry into this zone would be prohibited, except for vessels that have obtained the express permission from the Captain of the Port Houston-Galveston or his designated representative.
Security Zone; Freeport Channel Entrance, Freeport, TX
The Coast Guard proposes to establish moving security zones for certain vessels, for which the Captain of the Port, Houston- Galveston deems enhanced security measures necessary on a case-by-case basis. These moving security zones would extend 1,000 yards ahead and astern and 500 yards on each side of certain vessels, which would display the international signal flag or pennant number five to signal a security zone is established around the vessel. The moving security zone may commence at any point after certain vessels bound for the Port of Freeport enter the U.S. territorial waters (12 nautical miles) in the Captain of the Port (COTP) Houston-Galveston zone. These security zones are needed to safeguard the vessels, the public, and the surrounding area from sabotage or other subversive acts, accidents, or other events of a similar nature. Unless exempted under this rule, entry into or movement within these security zones would be prohibited without permission from the COTP Houston-Galveston.
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 new information collection. In accordance with the Paperwork Reduction Act of 1995, this Notice seeks comments concerning the National Emergency Family Registry and Locator System (NEFRLS) established in accordance with Title VI of the Department of Homeland Security Appropriations Act of 2007 to help facilitate the reunification of families displaced due to a major disaster or emergency
Safety Zone; Mill Creek, Fort Monroe, VA, USNORTHCOM Civic Leader Tour and Aviation Demonstration
The Coast Guard is establishing a safety zone on Mill Creek in the vicinity of the Fort Monroe Military Reservation, VA during the USNORTHCOM Civic Leader Tour Event and Aviation Demonstration. This action is intended to restrict vessel traffic movement in the vicinity of Mill Creek to protect mariners and the public from the hazards associated with aviation events.
Safety Zone; Blue Water Resort and Casino APBA National Tour Rounds 1 & 2; Colorado River, Parker, AZ
The Coast Guard is establishing a temporary safety zone within the Lake Moolvalya region of the navigable waters of the Colorado River in Parker, Arizona for the Blue Water Resort and Casino APBA National Tour Rounds 1 & 2. This temporary 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 though, or anchoring within this safety zone unless authorized by the Captain of the Port or his designated representative.
Drawbridge Operation Regulations; Hackensack River, Jersey City, NJ, Maintenance
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Witt Penn Bridge across the Hackensack River at mile 3.1, and the Lower Hack Bridge at mile 3.4, across the Hackensack River, at Jersey City, New Jersey. Under this temporary deviation the Lower Hack Bridge will be allowed to provide a maximum opening of only 110 feet at mean high water for a period of 30-days and both bridges will be allowed to remain in the closed position for a period of 45-days to facilitate major bridge maintenance. Vessels that can pass under the draws without a bridge opening may do so at all times.
Safety Zone; St. Thomas Harbor, Charlotte Amalie, U.S.V.I.
The Coast is establishing a temporary safety zone on the navigable waters of St. Thomas Harbor in support of the Virgin Islands Carnival Finale fireworks display. This temporary safety zone is necessary to provide for the safety of spectators, participating vessels and their crews, 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 (COTP) San Juan or the designated representative.
Revision of LNG and LHG Waterfront Facility General Requirements
The Coast Guard proposes to revise the requirements for waterfront facilities handling liquefied natural gas (LNG) and liquefied hazardous gas (LHG). The proposed revisions would bring the regulations up to date with existing industry practices and current Coast Guard policy implemented due to increased emphasis on security since the events of September 11, 2001. These revisions would harmonize the Coast Guard's regulations for LNG with those established by the Federal Energy Regulatory Commission (FERC), the agency responsible for permitting onshore and near-shore LNG terminals. This proposed rulemaking would not affect LNG deepwater ports.
Drawbridge Operation Regulations; Gowanus Canal, Brooklyn, NY, Maintenance
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Hamilton Avenue Bridge across the Gowanus Canal, mile 1.2, at Brooklyn, New York. Under this temporary deviation the bridge shall require a four-hour advance notice for bridge openings for three months and a three day bridge closure to facilitate bridge maintenance. Vessels that can pass under the draw without a bridge opening may do so at all times.
Drawbridge Operation Regulation; Long Island, NY Inland Waterway From East Rockaway Inlet to Shinnecock Canal, Hempstead, NY, Maintenance
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Wantagh State Parkway Bridge across Sloop Channel at mile 15.4, at Jones Beach, New York. Under this temporary deviation the bridge may operate on a limited operating schedule to facilitate the completion of bridge construction.
Drawbridge Operating Regulations; Gulf Intracoastal Waterway, Galveston, TX
The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Galveston Causeway Railroad Bascule Bridge across the Gulf Intracoastal Waterway, mile 357.2 west of Harvey Locks, at Galveston, Galveston County, Texas. This deviation provides for the bridge to remain closed to navigation for five hours a day for 14 non-consecutive days in order to perform scheduled maintenance.
Crewmember Identification Documents
The Coast Guard requires each crewmember on a foreign commercial vessel en route to a U.S. port or place of destination or at a U.S. port or place, or on a U.S. commercial vessel coming from a foreign port or place of departure to a U.S. port or place of destination, to carry and present upon demand an acceptable identification when in U.S. navigable waters. The vessel operators are required to ensure that crewmembers comply with this requirement. This rule would implement a Maritime Transportation Security Act mandate and help ensure that the Coast Guard can authoritatively identify crewmembers on vessels in U.S. navigable waters.
Form I-90, Application To Replace Permanent Resident Card, Change of Filing Locations
U.S. Citizenship and Immigration Services (USCIS) is changing the filing location for the Form I-90, Application to Replace Permanent Resident Card. Upon the effective date of this notice, you must mail all paper versions of the Form I-90, including any initial evidence or supporting documentation, to the designated Lockbox facility located in Phoenix, Arizona, instead of to the Lockbox facility in Los Angeles, California, or to any USCIS Service Center.
Safety Zone; Coronado Fourth of July Fireworks; San Diego Bay, San Diego, CA
The Coast Guard proposes establishing a temporary safety zone on the navigable waters of the San Diego Bay in support of the Coronado Fourth of July Fireworks. This temporary safety zone is necessary to provide for the safety of crew, spectators, and other users and vessels of the waterway. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this temporary safety zone unless authorized by the Captain of the Port or his designated representative.
Safety Zone; BWRC `300' Enduro; Lake Moolvalya, Parker, AZ
The Coast Guard proposes a safety zone, on the navigable waters of the Lake Moolvalya region on the lower Colorado River in support of the Bluewater Resort and Casino `300' Enduro. 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.
Agency Information Collection Activities: Application for Overflight Program/Advance Notice for Aircraft Landings
As part of its continuing effort to reduce paperwork and respondent burden, CBP invites the general public and other Federal agencies to comment on an information collection requirement concerning the Application for Overflight Program/Advance Notice for Aircraft Landings. This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13; 44 U.S.C. 3505(c)(2)).
Broker Self-Assessment Outreach Pilot
This document announces the commencement of the Broker Self- Assessment (BSA) Outreach Pilot (BSA Pilot). The BSA pilot is voluntary and is intended to be a partnership between U.S. Customs and Border Protection (CBP) and participating customs brokers. The primary goal of the pilot is to facilitate a higher level of broker compliance with CBP laws and regulations. In this regard, the BSA Pilot will allow for customs brokers to ascertain voluntarily with CBP how well they comply with their broker requirements, provide recognition and support to participating brokers, and facilitate legitimate trade so that CBP can focus on higher-risk trade enforcement issues. Under this program test, participating customs brokers will update and improve internal controls, perform periodic testing of these internal controls, and disclose to CBP deficiencies discovered through the testing. Any licensed customs broker, who is a member of the Customs-Trade Partnership Against Terrorism (C-TPAT) and who meets the other eligibility requirements of the pilot, may apply to participate. After closure of the application period and review of the applications received, CBP will select a limited number of customs brokers to participate in the BSA Pilot. This document sets forth information on the application process and the requirements for participation in the program test.
Safety Zone; Red Bull Air Races; San Diego Bay, San Diego, CA
The Coast Guard is establishing a temporary safety zone on the navigable waters of the San Diego Bay in support of the Red Bull Air Races. The safety zone is necessary to provide for the safety of the crew, spectators, participants and other vessels and users of the waterway. Persons and vessels will be prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized to do so by the Captain of the Port or his designated representative.
Delaware River and Bay Oil Spill Advisory Committee; Meeting
The Delaware River and Bay Oil Spill Advisory Committee (DRBOSAC) will meet in Philadelphia, PA to discuss various issues to improve oil spill prevention and response strategies for the Delaware River and Bay. This meeting will be open to the public.
Collection of Information Under Review by Office of Management and Budget: OMB Control Numbers: 1625-0101, 1625-0102, and 1625-0103
In compliance with the Paperwork Reduction Act of 1995, this request for comments announces that the U.S. Coast Guard is forwarding three Information Collection Requests (ICRs), abstracted below, to the Office of Information and Regulatory Affairs (OIRA), Office of Management and Budget (OMB) requesting an extension of its approval for the following collections of information: (1) 1625-0101, Periodic Gauging and Engineering Analyses for Certain Tank Vessels Over 30 Years Old; (2) 1625-0102, National Response Resource Inventory; and (3) 1625- 0103, Mandatory Ship Reporting System for the Northeast and Southeast Coasts of the United States. Review and comments by OIRA ensure we only impose paperwork burdens commensurate with our performance of duties.
Navigation Safety Advisory Council; Vacancies
The Coast Guard seeks applications for membership on the Navigation Safety Advisory Council (NAVSAC). NAVSAC provides advice and makes recommendations to the Secretary on a wide range of issues related to the prevention of collisions, rammings, and groundings. This includes, but is not limited to: Inland and International Rules of the Road, navigation regulations and equipment, routing measures, marine information, diving safety, and aids to navigation systems.
Intent To Request Approval From OMB of One New Public Collection of Information: Partnership Survey for Surface Transportation Security Grants Program
The Department of Homeland Security (DHS), Transportation Security Administration (TSA), invites public comment on an Information Collection Request (ICR) regarding the Transit Security Grant Program (TSGP) that TSA will submit to the Office of Management and Budget (OMB) for approval in compliance with the Paperwork Reduction Act (PRA). The information collection involves surveying approximately 400 representatives of eligible transit agencies and other organizations that partner with TSA through Regional Transit Security Working Groups (RTSWGs) in order to implement the TSGP. The survey will focus on the goals and practices of this partnership in order to enhance the RTSWG's effectiveness and contribute to its and the TSGP's success.
Drawbridge Operation Regulation; Keweenaw Waterway, Houghton, MI
The Commander, Ninth Coast Guard District, has approved a temporary deviation from the regulations governing the operation of the U.S. 41 (Sheldon Avenue) Lift Bridge, at Mile 16.0, across the Keweenaw Waterway, in Houghton, MI. Under this temporary deviation, the U.S. 41 (Sheldon Avenue) Lift Bridge will be allowed to remain in the closed- to-navigation position during specific dates and times. The deviation is necessary to perform reconstruction to the city streets that access the U.S. 41 (Sheldon Avenue) Lift Bridge.
Drawbridge Operation Regulation; Mantua Creek, Paulsboro, NJ
The Coast Guard proposes to change the drawbridge operation regulations of the S.R. 44 Bridge, at mile 1.7, across Mantua Creek at Paulsboro, NJ. This proposal would allow the drawbridge to operate on an advance notice basis year-round. The proposed change would result in more efficient use of the bridge.
2009 Rates for Pilotage on the Great Lakes
The Coast Guard is proposing to update the rates for pilotage on the Great Lakes by 9.41%, effective August 1, 2009, to generate sufficient revenue to cover allowable expenses, target pilot compensation, and returns on investment. The proposed update reflects an August 1, 2009, increase in benchmark contractual wages and benefits, as well as an increase in the ratio of pilots to ``bridge hours.'' This rulemaking promotes the Coast Guard strategic goal of maritime safety.
Homeland Security Information Network Advisory Committee
The Homeland Security Information Network Advisory Committee (HSINAC) will meet from May 12-May 14, 2009, in Potomac, MD. The meeting will be open to the public.
Expansion of Global Entry Pilot Program
U.S. Customs and Border Protection (CBP) is currently conducting an international trusted traveler pilot program, referred to as Global Entry, at seven U.S. airports. This document announces that pursuant to an arrangement between the United States and the Netherlands, CBP is expanding eligibility for participation in the Global Entry pilot to include citizens of the Netherlands who participate in Privium, an expedited travel program in the Netherlands, and who otherwise satisfy the requirements for participation in Global Entry. Currently, eligibility is limited to U.S. citizens, U.S. nationals, and U.S. lawful permanent residents (LPRs). Pursuant to this same arrangement, U.S. citizens who participate in the Global Entry pilot will have the option to also apply for participation in Privium.
Safety Zone; Waters Surrounding Berth 7 at the Port of Oakland, San Francisco Bay, CA
The Coast Guard is establishing a temporary safety zone in the navigable waters of the San Francisco Bay, CA at Berth 7 at the Port of Oakland during the offloading of the ZHEN HUA 18. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without the permission of the Captain of the Port or his designated representative.
Safety Zone; April to May Naval Underwater Detonation; Northwest Harbor, San Clemente Island, CA
The Coast Guard is establishing a safety zone on the navigable waters of the Northwest Harbor of San Clemente Island in support of the Naval Underwater Detonation. This safety zone is necessary to ensure non-authorized personnel and vessels remain safe by keeping clear of the hazardous area during the training activity. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port (COTP) or his designated representative.
Special Local Regulation; Volvo Ocean Race 2009, Nahant, Boston Harbor, MA
The Coast Guard is establishing a special local regulation during the Volvo Ocean Race 2009 In-Port Race to be held on Broad Sound, off Nahant, Massachusetts, on May 9, 2009. This special local regulation is necessary to provide for the safety of life on navigable waters during the event. This proposed action is intended to restrict vessel traffic before, during and after the race.
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.
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.
Minnesota; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the State of Minnesota (FEMA-1830-DR), dated April 9, 2009, and related determinations.
Indiana; Amendment No. 1 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Indiana (FEMA-1828-DR), dated March 5, 2009, and related determinations.
Minnesota; Amendment No. 1 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Minnesota (FEMA-1830-DR), dated April 9, 2009, and related determinations.
North Dakota; Amendment No. 2 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of North Dakota (FEMA-1829-DR), dated March 24, 2009, and related determinations.
North Dakota; Amendment No. 1 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of North Dakota (FEMA-1829-DR), dated March 24, 2009, and related determinations.
Changes in Flood Elevation Determinations
This interim rule lists communities where modification of the Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because of new scientific or technical data. New flood insurance premium rates will be calculated from the modified BFEs for new buildings and their contents.
Assistance to Firefighters Grant Program
This Notice provides guidelines that describe the application process for grants and the criteria for awarding grants in the 2009 Assistance to Firefighters Grant program year, as well as an explanation for any differences with the guidelines recommended by representatives of the Nation's fire service leadership during the annual Criteria Development meeting. The program makes grants directly to fire departments and nonaffiliated emergency medical services organizations for the purpose of enhancing first-responders' abilities to protect the health and safety of the public as well as that of first-responder personnel facing fire and fire-related hazards. In addition, the authorizing statute requires that a minimum of 5 percent of appropriated funds be expended for fire prevention and safety grants, which are also made directly to local fire departments and to local, regional, State or national entities recognized for their expertise in the field of fire prevention and firefighter safety research and development.
Agency Information Collection Activities: Submission for OMB Review; Comment Request
The Federal Emergency Management Agency (FEMA) has submitted the information collection abstracted below to the Office of Management and Budget 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.
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