Department of Homeland Security 2009 – Federal Register Recent Federal Regulation Documents

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.

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 Passenger List/Crew List (Form I-418). 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)).

The U.S. Department of Homeland Security, Office of the Chief Information Officer, invites comments on the proposed information collection request as required by the Paperwork Reduction Act of 1995. Currently, the U.S. Secret Service, within the U.S. Department of Homeland Security, is soliciting comments concerning the SSF 3237, Contractor Personnel Access Application Form.

This notice provides the times and locations of two public meetings which will be held by the Coast Guard (USCG) regarding the Notice of Proposed Rulemaking (NPRM) entitled ``Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters'' that published in the Federal Register on Friday, August 28, 2009.

The Coast Guard is establishing a temporary moving safety zone in the navigable waters of San Francisco Bay surrounding the Motor Vessel (M/V) Guilio Verne and barge Hagar while engaged in cable laying operations. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission of the Captain of the Port or his designated representative. This safety zone is necessary to protect persons and property from hazards associated with the cable laying operations.

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 the actual data collection instruments FEMA will use.

The President's National Security Telecommunications Advisory Committee (NSTAC) will be meeting by teleconference; the meeting will be partially closed to the public.

This document amends the Customs and Border Protection (CBP) Regulations by revising the list of user fee airports to reflect the removal of the user fee designations for the Roswell Industrial Air Center in Roswell, New Mexico and the March Inland Port Airport in Riverside, California, as well as indicating that the Capital City Airport in Lansing, Michigan has changed its name to the Capital Region International Airport. User fee airports are those airports which, while not qualifying for designation as international or landing rights airports, have been approved by the Commissioner of CBP to receive, for a fee, the services of CBP officers for the processing of aircraft entering the United States, and the passengers and cargo of those aircraft.

This document proposes to amend the Customs and Border Protection (CBP) regulations to provide further guidance for the use of sampling methods in CBP audits and prior disclosure cases. It also provides guidance for the offsetting of overpayments and over- declarations when an audit involves a calculation of lost revenue or monetary penalties under 19 U.S.C. 1592. The proposed amendment also includes the deletion of a superfluous term from the audit procedures regulations.

The Advisory Committee on Commercial Operations of U.S. Customs and Border Protection (COAC) will meet on November 4, 2009 in Washington, DC. The meeting will be open to the public.

The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the CSX Transportation Railroad swing bridge across the Blackwater River, mile 2.80, at Milton, Florida. The deviation is necessary to replace the center pivot bearing of the swing span and will allow the bridge to remain closed to navigation for two consecutive days.

The Department of Homeland Security (DHS) announces its intent to select standards for adoption in the Voluntary Private Sector Accreditation and Certification Preparedness Program (``PS-Prep''). This notice (1) finalizes the criteria to be used in selecting standards for the PS-Prep Program; (2) discusses the prospective adoption of the three identified standards, including (a) the approach for collaboration with the Critical Infrastructure and Key Resources (CIKR) sectors and (b) considerations for small business in the adoption of the three identified standards; and (3) poses specific questions for which comment is sought. Although DHS intends to select only the three identified preparedness standards at this time, DHS may select additional standards in the future.

This notice amends the notice of a major disaster declaration for the Territory of American Samoa (FEMA-1859-DR), dated September 29, 2009, and related determinations.

This is a notice of the Presidential declaration of a major disaster for the State of Kansas (FEMA-1860-DR), dated September 30, 2009, and related determinations.

The Commander, Eleventh Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the California Route 160 Drawbridge across Three Mile Slough, mile 0.1, near Rio Vista, CA. The deviation is necessary to allow Caltrans to conduct drawbridge maintenance. This deviation allows the bridge to remain in the closed-to-navigation position during the maintenance period.

This document proposes to amend title 19 of the Code of Federal Regulations to preclude situations where imported merchandise subject to Federal excise tax is allowed into the United States, in effect, 99 percent free of that tax through application of a drawback claim. Specifically, the proposed amendments would preclude the filing of a substitution drawback claim for internal revenue excise tax paid on imported merchandise in situations where no excise tax was paid upon the substituted merchandise or where the substituted merchandise is the subject of a different claim for refund or drawback of tax under any provision of the Internal Revenue Code. This document also proposes to amend title 19 by adding a basic importation and entry bond condition to foster compliance with the amended drawback provision. These proposed amendments are necessary to protect the revenue by clarifying the relationship between drawback claims and Federal excise tax liability.

The Coast Guard has temporarily changed the drawbridge operating regulations governing the operation of the Roosevelt Island Bridge, mile 6.4, across the East River at New York City, New York. This temporary final rule allows the Roosevelt Island Bridge to remain in the closed position for eleven months to facilitate a major rehabilitation of the bridge.

The Privacy Office of the Department of Homeland Security is making available twelve Privacy Impact Assessments on various programs and systems in the Department. These assessments were approved and published on the Privacy Office's Web site between April 1, 2009, and June 30, 2009.

The Coast Guard will enforce the Navy Pier Southeast Safety Zone in Chicago Harbor from October 2, 2009, through October 31, 2009. This action is necessary and intended to ensure safety of life on the navigable waters immediately prior to, during, and immediately after fireworks events. This rule will establish restrictions upon and control movement of vessels in the specified area immediately prior to, during, and immediately after the fireworks events. During the enforcement period, no person or vessel may enter the safety zone without permission of the Captain of the Port Lake Michigan.

The Department of Homeland Security (DHS) has granted a limited nationwide waiver of the buy American provision contained in sec. 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act) Public Law 111-5, 123 Stat. 115, 303 (2009) under the authority of sec. 1605(b)(1) (public interest exception) provided that at least 95 percent of the costs of each Transportation Security Administration (TSA) Electronic Baggage Screening Program (EBSP) project will comply with sec. 1605(a).

This final rule amends the U.S. Customs and Border Protection (CBP) regulations, which govern the licensing and conduct of customs brokers. The rule specifies the proper CBP official who is authorized to decide the final administrative appeal of a failing grade on the customs broker written examination. The current regulations provide that the final administrative appeal on a failing grade on the broker's exam should be sent in writing to the Secretary of Homeland Security, or her designee. This final rule amends the CBP regulations to specify that examinees should submit final administrative appeals to the Assistant Commissioner, Office of International Trade.

The Coast Guard proposes to temporarily change the regulations that govern the operation of the Berkley Bridge, mile 0.4, across the Eastern Branch of the Elizabeth River, Norfolk, VA. Due to the temporary closure of two area bridges, the Berkley Bridge has experienced an increase in traffic volume. The proposed change would provide set opening periods for the bridge during the day, relieving vehicular traffic congestion during the weekday daytime hours while still providing for the reasonable needs of navigation.

This document provides required notice of substantive rules issued by the Coast Guard and temporarily effective between February 2006 and January 2008, that expired before they could be published in the Federal Register. This notice lists temporary safety zones, security zones, special local regulations, regulated navigation areas and drawbridge operation regulations, all of limited duration and for which timely publication in the Federal Register was not possible.

This document confirms that the direct final rule entitled ``Anchorage Regulations; Port of New York,'' published July 1, 2009, in the Federal Register (74 FR 31354), became effective September 29, 2009.