Department of Homeland Security June 2009 – Federal Register Recent Federal Regulation Documents
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Drawbridge Operation Regulations; Potomac River, Between MD and VA
The Coast Guard is changing the drawbridge operation regulations of the new Woodrow Wilson Memorial (I-95) Bridge, mile 103.8, across the Potomac River between Alexandria, VA and Oxon Hill, MD. This rule is being made in an effort to minimize the potential for major regional vehicular traffic impacts and consequences during bridge openings of the draw span while still providing for reasonable needs of marine traffic.
Voluntary Compliance With International Sewage Regulations in Annex IV to MARPOL 73/78
The U.S. Coast Guard announces the availability of Navigation and Vessel Inspection Circular (NVIC) No. 1-09, which provides guidance on voluntary compliance with MARPOL Annex IV. On January 1, 2010, the revised effluent standards and performance test criteria for sewage treatment plants under MARPOL Annex IV will enter into force internationally. The United States is not party to MARPOL Annex IV; however, vessels registered in the United States visiting nations that are party may need to demonstrate compliance with MARPOL Annex IV regulations on the prevention of pollution by sewage from ships. The U.S. Coast Guard is assisting vessels registered in the United States as well as the manufacturers of sewage treatment plants, and the independent laboratories that test such equipment, in demonstrating compliance with MARPOL Annex IV by providing the guidance in NVIC No. 1-09. Failure of a vessel registered in the United States to have the appropriate certificate demonstrating voluntary compliance with MARPOL Annex IV could result in a port State detention abroad.
Agency Information Collection Activities: Application for Overflight Program/Advance Notice for Aircraft Landings
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 Overflight Program/Advance Notice for Aircraft Landings. 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 (74 FR 19098-19099) on April 27, 2009, 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.
Policy Directorate/Office of Strategic Plans; Quadrennial Homeland Security Report
The Department of Homeland Security, Policy Directorate/Office of Strategic Plans, submits 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). Policy Directorate/Office of Strategic Plans is soliciting comments concerning the Quadrennial Homeland Security Report. The purpose of this notice is to allow 30 days for public comments.
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.
Alabama; Amendment No. 1 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Alabama (FEMA-1842-DR), dated June 3, and related determinations.
Arkansas; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the State of Arkansas (FEMA-1845-DR), dated June 16, 2009, and related determinations.
Arkansas; Amendment No. 4 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Arkansas (FEMA-1819-DR), dated February 6, 2009, and related determinations.
Arkansas; Amendment No. 3 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Arkansas (FEMA-1834-DR), dated April 27, 2009, and related determinations.
Arkansas; Amendment No. 2 to Notice of an Emergency Declaration
This notice amends the notice of an emergency declaration for the State of Arkansas (FEMA-3301-EM), dated January 28, 2009, and related determinations.
West Virginia; Amendment No. 4 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of West Virginia (FEMA-1838-DR), dated May 15, 2009, and related determinations.
Florida; Amendment No. 2 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Florida (FEMA-1840-DR), dated May 27, 2009, and related determinations.
Iowa; Amendment No. 23 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster for the State of Iowa (FEMA-1763-DR), dated May 27, 2008, and related determinations.
Alaska; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the State of Alaska (FEMA-1843-DR), dated June 11, 2009, and related determinations.
West Virginia; Amendment No. 3 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of West Virginia (FEMA-1838-DR), dated May 15, 2009, and related determinations.
South Dakota; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the State of South Dakota (FEMA-1844-DR), dated June 16, 2009, and related determinations.
Establishment of Suspension and Revocation National Center of Expertise
This rule makes non-substantive, technical changes to Titles 33 and 46 of the CFR to reflect the authorization and establishment of the Coast Guard Suspension and Revocation National Center of Expertise (S&R NCOE). The S&R NCOE is responsible for performing suspension and revocation functions regarding Merchant Mariner Credentials. Investigating Officers (IOs), both military and civilian employees, are assigned to the S&R NCOE for this purpose. These changes affect internal Coast Guard organization and functioning only and will have no substantive effect on mariners or other members of the public.
Safety Zone; Paddle for Clean Water; San Diego, CA
The Coast Guard proposes a safety zone upon the navigable waters of the Pacific Ocean, San Diego, CA, in support of a paddling regatta near the Ocean Beach Pier. 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.
Material Safety Data Sheet Requirement in the International Convention for the Safety of Life at Sea
In the interest of providing seafarers with clear, concise, and accurate information on the health effects of certain toxic substances, the International Maritime Organization (IMO) recently amended the International Convention for the Safety of Life at Sea (SOLAS), 1974, to require Material Safety Data Sheets (MSDSs) for ships carrying oil or oil fuel as defined in regulation 1 of Annex I of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL). Once accepted by member States in accordance with Article VIII of SOLAS, and effective January 1, 2011, SOLAS will require that each ship subject to SOLAS and carrying oil or oil fuel as defined in MARPOL must be provided with MSDSs prior to loading such oil as cargo in bulk or oil fuel. Additionally, the IMO has recommended a format and content for the MSDSs, and that recommendation becomes effective July 1, 2009; the Coast Guard encourages this recommended format, which is set out below.
Safety Zone; Harborfest 2009, Parade of Sail, Elizabeth River, Norfolk, VA
The Coast Guard is establishing a mobile safety zone on the Elizabeth River in the vicinity of Sewell's Point, Virginia, to Town Point Park, Norfolk, Virginia, in support of the Parade of Sail event taking place in conjunction with Harborfest 2009. This action is intended to restrict vessel traffic on the Elizabeth River to protect mariners from the hazards associated with marine parade events.
False Statements Regarding Security Background Checks
On July 31, 2008, TSA published an interim rule prohibiting public transportation agencies, railroad carriers, and their respective contractors and subcontractors from knowingly misrepresenting Federal guidance or regulations concerning security background checks for certain individuals. This final rule follows publication of the July 31, 2008 interim rule, and makes no changes at this final rule stage.
Special Local Regulation for Marine Events; Recurring Marine Events in the Fifth Coast Guard District
The Coast Guard is amending the list of recurring marine events within the Fifth Coast Guard District. These regulations make small changes to the regulated areas of two permitted marine events listed in the table attached to the regulation. These special local regulations are necessary to provide for the safety of life on navigable waters during marine events. This action will restrict vessel traffic in portions of the Chesapeake Bay and Assateague Channel, Virginia.
Special Local Regulation for Marine Events; Mattaponi River, Wakema, VA
The Coast Guard proposes to establish special local regulations during the ``Mattaponi Madness Drag Boat Race Series,'' a series of power boat races to be held on the waters of the Mattaponi River, near Wakema, Virginia. These special local regulations are necessary to provide for the safety of life on navigable waters during the events. This action is intended to restrict vessel traffic during the power boat races in a segment of the Mattaponi River that flows along the border of King William County and King and Queen County near Wakema, Virginia.
Drawbridge Operation Regulations; Connection Slough, Bacon Island, CA
The Coast Guard is changing the drawbridge operation regulation governing the operation of the Connection Slough Drawbridge. This final rule ensures a drawbridge operator can be contacted, is present at the drawbridge during identified increased navigation periods, and reduces the hours a drawbridge operator is required to be at the drawbridge and not gainfully employed. These changes will continue to provide for the reasonable needs of navigation.
Final Programmatic Environmental Impact Statement for Vessel and Facility Response Plans for Oil: 2003 Removal Equipment Requirements and Alternative Technology Revisions
The Coast Guard announces the availability of the Final Programmatic Environmental Impact Statement (FPEIS) for the rulemaking entitled Vessel and Facility Response Plans for Oil: 2003 Removal Equipment Requirements and Alternative Technology Revisions (Docket No. USCG-2001-8661). The FPEIS assesses the potential environmental impacts from an increase of oil removal capability requirements for tank vessels and marine transportation-related (MTR) facilities. We request your comments on the FPEIS.
Drawbridge Operation Regulations; Passaic River, NJTRO Bridge, Harrison, NJ, Maintenance
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the New Jersey Transit Rail Operations (NJTRO) Newark-Harrison Bridge across the Passaic River, mile 5.8, at Harrison, New Jersey. The deviation is necessary to facilitate mechanical rehabilitation at the bridge. The deviation allows the bridge to remain in the closed position for four months. A two week advance notice for bridge openings will be required during the four months of construction.
National Advisory Council Meeting
This notice announces the date, time, location, and agenda for the next meeting of the National Advisory Council (NAC). At the meeting, the subcommittees will report on their work since the April 15-16, 2009 meeting. This meeting will be open to the public.
Privacy Act of 1974: Implementation of Exemptions; United States Coast Guard 030 Merchant Seamen's Records
The Department of Homeland Security (DHS) is giving concurrent notice of a revised and updated system of records pursuant to the Privacy Act of 1974 for the Department of Homeland Security to administer the DHS/USCG-028 United States Merchant Seamen's Records system of records and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. The exemptions for the legacy system of records notices will continue to be applicable until the final rule for this SORN has been completed.
Privacy Act of 1974; Department of Homeland Security/United States Coast Guard-030 Merchant Seamen's Records System of Records
In accordance with the Privacy Act of 1974 and as part of the Department of Homeland Security's ongoing effort to review and update legacy system of records notices, the Department of Homeland Security is giving notice that it proposes to update and reissue the following legacy record system DOT/CG 589 United States Merchant Seamen's Records, April 11, 2000, as a Department of Homeland Security system of records notice titled DHS/USCG030 United States Merchant Seamen's Records. The Department of Homeland Security uses DHS/USCG030 United States Merchant Seamen's Records to administer the Commercial Vessel Safety Program and to determine domestic and international qualification for the issuance of licenses, documents, and staff officer certifications. Categories of individuals, categories of records, and the routine uses of this legacy system of records notice have been reviewed and updated to better reflect the United States Merchant Seamen's Records system. Additionally, DHS is issuing a Notice of Proposed Rulemaking (NPRM) concurrent with this SORN elsewhere in the Federal Register. The exemptions for the legacy system of records notices will continue to be applicable until the final rule for this SORN has been completed. This new system will be included in the Department of Homeland Security's inventory of record systems.
Privacy Act of 1974: Implementation of Exemptions; United States Coast Guard-013 Marine Information for Safety and Law Enforcement (MISLE)
The Department of Homeland Security (DHS) is giving concurrent notice of a revised and updated system of records pursuant to the Privacy Act of 1974 for the United States Coast Guard Marine Information for Safety and Law Enforcement system of records and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Privacy Act of 1974; United States Coast Guard-013 Marine Information for Safety and Law Enforcement (MISLE) System of Records
In accordance with the Privacy Act of 1974, and as part of the Department of Homeland Security's ongoing effort to review and update legacy system of record notices, the Department of Homeland Security is giving notice that it proposes to add a system of records to its inventory of record systems titled United States Coast Guard Marine Information for Safety and Law Enforcement System of Records. This system is a compilation of five legacy record systems: DOT/CG 679, Marine Information for Safety and Law Enforcement System (April 22, 2002), DOT/CG 588, Marine Safety Information System (April 11, 2000), DOT/CG 505, Recreational Boating Law Enforcement Case Files (April 11, 2000), DOT/CG 590, Vessel Identification System (April 11, 2000), DOT/ CG 591, Merchant Vessel Documentation System (April 11, 2000). This record system will allow the Department of Homeland Security/United States Coast Guard to collect and maintain records regarding marine, safety and law enforcement information. Categories of individuals, categories of records, and routine uses of these legacy system of records notices have been consolidated and updated to better reflect the United States Coast Guard's marine, safety and law enforcement information. Additionally, DHS is issuing a Notice of Proposed Rulemaking (NPRM) concurrent with this SORN elsewhere in the Federal Register. The exemptions for the legacy system of records notices will continue to be applicable until the final rule for this SORN has been completed. This new system will be included in the Department of Homeland Security's inventory of record systems.
Privacy Act of 1974; DHS/All-026 Personal Identity Verification Management System Systems of Records
The Department of Homeland Security (DHS) is giving notice that it proposes to update, rename, and reissue the record system DHS/ OS-2 Personal Identity Verification Management System (9/12/2006) to the DHS/All026 Personal Identity Verification Management Record System. DHS is publishing this updated notice because the categories of individuals and categories of records have been updated, and the routine uses of this system of records notice have been updated to coincide with updates to DHS's Personal Identity Verification Management Record System. The system will support the administration of the Homeland Security Presidential Directive 12 (HSPD-12) program that directs the use of a common identification credential for both logical and physical access to Federally controlled facilities and information systems.
Homeland Security Science and Technology Advisory Committee
The Homeland Security Science and Technology Advisory Committee will meet July 21-23, 2009, at Strategic Analysis, Inc. Executive Conference Center, 3601 Wilson Blvd., Suite 600, Arlington, Virginia. This meeting will be closed to the public.
Privacy Act of 1974: Implementation of Exemptions; United States Immigration and Customs Enforcement-011 Removable Alien Records System of Records
The Department of Homeland Security (DHS) is giving concurrent notice of a revised and updated system of records pursuant to the Privacy Act of 1974 for the Immigration and Customs Enforcement (ICE) 011 Removable Alien Records system of records and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. The exemptions for the legacy system of records notices will continue to be applicable until the final rule for this SORN has been completed.
Accreditation and Approval of SGS North America, Inc., as a Commercial Gauger and Laboratory
Notice is hereby given that, pursuant to 19 CFR 151.12 and 19 CFR 151.13, SGS North America, Inc., 1448 Texas Ave., Texas City, TX 77590, has been approved to gauge and accredited to test petroleum and petroleum products, organic chemicals and vegetable oils for customs purposes, in accordance with the provisions of 19 CFR 151.12 and 19 CFR 151.13. Anyone wishing to employ this entity to conduct laboratory analyses and gauger services should request and receive written assurances from the entity that it is accredited or approved by the U.S. Customs and Border Protection to conduct the specific test or gauger service requested. Alternatively, inquiries regarding the specific test or gauger service this entity is accredited or approved to perform may be directed to the U.S. Customs and Border Protection by calling (202) 344-1060. The inquiry may also be sent to cbp.labhq@dhs.gov. Please reference the Web site listed below for a complete listing of CBP approved gaugers and accredited laboratories.
Approval of Saybolt LP, as a Commercial Gauger
Notice is hereby given that, pursuant to 19 CFR 151.13, Saybolt LP, 905C Eastern Blvd., Clarksville, IN 47129, has been approved to gauge petroleum, petroleum products, organic chemicals and vegetable oils for customs purposes, in accordance with the provisions of 19 CFR 151.13. Anyone wishing to employ this entity to conduct gauger services should request and receive written assurances from the entity that it is approved by the U.S. Customs and Border Protection to conduct the specific gauger service requested. Alternatively, inquiries regarding the specific gauger service this entity is approved to perform may be directed to the U.S. Customs and Border Protection by calling (202) 344-1060. The inquiry may also be sent to cbp.labhq@dhs.gov. Please reference the Web site listed below for a complete listing of CBP approved gaugers and accredited laboratories.
Accreditation and Approval of SGS North America, Inc., as a Commercial Gauger and Laboratory
Notice is hereby given that, pursuant to 19 CFR 151.12 and 19 CFR 151.13, SGS North America, Inc., 4701 East Napoleon (Hwy 90), Sulfur, LA 70663, has been approved to gauge and accredited to test petroleum and petroleum products, organic chemicals and vegetable oils for customs purposes, in accordance with the provisions of 19 CFR 151.12 and 19 CFR 151.13. Anyone wishing to employ this entity to conduct laboratory analyses and gauger services should request and receive written assurances from the entity that it is accredited or approved by the U.S. Customs and Border Protection to conduct the specific test or gauger service requested. Alternatively, inquires regarding the specific test or gauger service this entity is accredited or approved to perform may be directed to the U.S. Customs and Border Protection by calling (202) 344-1060. The inquiry may also be sent to cbp.labhq@dhs.gov. Please reference the Web site listed below for a complete listing of CBP approved gaugers and accredited laboratories. https://cbp.gov/xp/cgov/import/operationssupport/labsscientifi c svcs/commercialgaugers/.
Accreditation and Approval of Saybolt LP, as a Commercial Gauger and Laboratory
Notice is hereby given that, pursuant to 19 CFR 151.12 and 19 CFR 151.13, Saybolt LP, P.O. Box 7416, Garden City, GA 31408, has been approved to gauge and accredited to test petroleum and petroleum products, organic chemicals and vegetable oils for customs purposes, in accordance with the provisions of 19 CFR 151.12 and 19 CFR 151.13. Anyone wishing to employ this entity to conduct laboratory analyses and gauger services should request and receive written assurances from the entity that it is accredited or approved by the U.S. Customs and Border Protection to conduct the specific test or gauger service requested. Alternatively, inquires regarding the specific test or gauger service this entity is accredited or approved to perform may be directed to the U.S. Customs and Border Protection by calling (202) 344-1060. The inquiry may also be sent to cbp.labhq@dhs.gov. Please reference the Web site listed below for a complete listing of CBP approved gaugers and accredited laboratories.
Accreditation and Approval of Saybolt LP, as a Commercial Gauger and Laboratory
Notice is hereby given that, pursuant to 19 CFR 151.12 and 19 CFR 151.13, Saybolt LP, 3113 Red Bluff Road, Pasadena, TX 77503, has been approved to gauge and accredited to test petroleum and petroleum products, organic chemicals and vegetable oils for customs purposes, in accordance with the provisions of 19 CFR 151.12 and 19 CFR 151.13. Anyone wishing to employ this entity to conduct laboratory analyses and gauger services should request and receive written assurances from the entity that it is accredited or approved by the U.S. Customs and Border Protection to conduct the specific test or gauger service requested. Alternatively, inquiries regarding the specific test or gauger service this entity is accredited or approved to perform may be directed to the U.S. Customs and Border Protection by calling (202) 344-1060. The inquiry may also be sent to cbp.labhq@dhs.gov. Please reference the Web site listed below for a complete listing of CBP approved gaugers and accredited laboratories. https://cbp.gov/xp/cgov/import/operations support/labsscientificsvcs/commercialgaugers/.
Accreditation and Approval of Inspectorate America Corporation, as a Commercial Gauger and Laboratory
Notice is hereby given that, pursuant to 19 CFR 151.12 and 19 CFR 151.13, Inspectorate America Corporation, 141 N. Pasadena Blvd., Pasadena, TX 77506, has been approved to gauge and accredited to test petroleum and petroleum products, organic chemicals and vegetable oils for customs purposes, in accordance with the provisions of 19 CFR 151.12 and 19 CFR 151.13. Anyone wishing to employ this entity to conduct laboratory analyses and gauger services should request and receive written assurances from the entity that it is accredited or approved by the U.S. Customs and Border Protection to conduct the specific test or gauger service requested. Alternatively, inquires regarding the specific test or gauger service this entity is accredited or approved to perform may be directed to the U.S. Customs and Border Protection by calling (202) 344-1060. The inquiry may also be sent to cbp.labhq@dhs.gov. Please reference the Web site listed below for a complete listing of CBP approved gaugers and accredited laboratories. https://cbp.gov/xp/cgov/import/operationssupport/ labsscientificsvcs/commercialgaugers/.
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