Department of Homeland Security January 2010 – Federal Register Recent Federal Regulation Documents

The Coast Guard announces that a Certificate of Alternative Compliance was issued for the offshore supply vessel C-CHARIOT as required by 33 U.S.C. 1605(c) and 33 CFR 81.18.

The Coast Guard announces that a Certificate of Alternative Compliance was issued for the tractor tug FORTE as required by 33 U.S.C. 1605(c) and 33 CFR 81.18.

The Coast Guard is correcting a notice that appeared in the Federal Register of January 7, 2010 (75 FR 998). The document announced termination of the Long Range Aids to Navigation (Loran-C) Signal commencing on or about February 8, 2010. The document had an incorrect word in the DATES section.

The Commander, Fifth Coast Guard District, has issued a temporary deviation from the regulations governing the operation of the I695 Bridge across Curtis Creek, mile 0.9, at Baltimore, MD. The deviation is necessary to facilitate mechanical repairs to the bridge. This temporary deviation allows the drawbridge to remain in the closed position during the deviation period.

The Coast Guard proposes to change the regulation governing the operation of three bridges across the Quinnipiac and Mill Rivers at New Haven, Connecticut, to relieve the bridge owner from the burden of crewing the bridges during time periods when the bridges seldom receive requests to open while still providing for the reasonable needs of navigation.

The Coast Guard is establishing a regulated navigation area (RNA) covering the Hood Canal in Washington that will be in effect whenever any U.S. Navy submarine is operating in the Hood Canal and being escorted by the Coast Guard. The RNA is necessary to help ensure the safety and security of the submarines, their Coast Guard security escorts, and the maritime public in general. The RNA will do so by requiring all persons and vessels located within the RNA to follow all lawful orders and/or directions given to them by Coast Guard security escort personnel.

The Department of Homeland Security (DHS or the Department) invites public comment on issues related to certain regulatory provisions in the Chemical Facility Anti-Terrorism Standards (CFATS) that apply to facilities that store gasoline in aboveground storage tanks.

The Coast Guard seeks comments from the public on methods for securing cargo in transport vehicles and freight containers in order to determine if a standardized approval or certification process or improved performance criteria for flexible strapping securing systems is needed. Under current U.S. regulations and international codes, there is no certification or qualification standard for blocking, bracing, or for the use of strapping systems for securing cargo. Cargo must be secured to prevent shifting in any direction during transport. Packages of hazardous materials must be braced and dunnaged within a container so that they are not likely to be pierced or crushed and the materials must be in proper condition for transportation. Currently, the specific method for securing cargo is left to the discretion of the individual or company packing the container. The Coast Guard is considering whether there is a need for a standardized certification or approval process for cargo securing systems.

The Department of Homeland Security (DHS), United States Coast Guard (USCG), announces the availability of the Record of Decision (ROD) to decommission the USCG Loran-C Program and terminate transmission of the North American Loran-C Radionavigation Signal. The ROD is supported by the Final Programmatic Environmental Impact

The Coast Guard proposes a temporary safety zone around the DRILLSHIP FRONTIER DISCOVERER, while anchored on location in order to drill exploratory wells at various prospects located in the Chukchi and Beaufort Sea Outer Continental Shelf, Alaska, from 12:01 a.m. on July 1, 2010 through 11:59 p.m. on October 31, 2010. The purpose of the temporary safety zone is to protect the DRILLSHIP from vessels operating outside normal shipping channels and fairways. Placing a temporary safety zone around the DRILLSHIP will significantly reduce the threat of allisions, oil spills, and releases of natural gas, and thereby protect the safety of life, property, and the environment.

The Coast Guard is adopting, as a final rule, without change, an interim rule published on July 1, 2009. The interim rule increased the limits of liability that apply under the Oil Pollution Act of 1990 (OPA 90) to vessels and to deepwater ports subject to the Deepwater Port Act of 1974, to reflect significant increases in the Consumer Price Index (CPI). The interim rule also established the methodology the Coast Guard uses to adjust the OPA 90 limits of liability for inflation, and made minor regulatory amendments to clarify applicability of the OPA 90 single-hull tank vessel limits of liability.

Customs and Border Protection (CBP) has received a petition submitted on behalf of a domestic interested party requesting the reclassification under the Harmonized Tariff Schedule of the United States (HTSUS) of certain wickless wax objects from China. Currently, these objects are classified as ``Molded or carved articles of wax'' under subheading 9602.00.40, HTSUS. The petitioner contends that the proper classification for these wickless wax objects is in subheading 3406.00.00, HTSUS, as candles. While the 2009 duty rates of both these subheadings is free, petitioner claims that the importers of these products are using this classification as a means of circumventing a dumping order that has been placed on petroleum wax candles from China. This document invites comments with regard to the correctness of the current classification.

The Department of Homeland Security U.S. Immigration and Customs Enforcement is modifying an existing system of records titled Student and Exchange Visitor Information System (Mar. 22, 2005), to reflect proposed changes in the personal information that will be collected and maintained on individuals. In conjunction with its development and launch of the next generation Student and Exchange Visitor Information System application, called Student and Exchange Visitor Information System II, U.S. Immigration and Customs Enforcement is modifying the Student and Exchange Visitor Information System system of records notice to propose the collection of additional information on students, exchange visitors, and their dependents who are in the U.S. on F, M, or J classes of admission (F/M/J nonimmigrants), and officials of approved schools for and designated sponsors of F/M/J nonimmigrants. Like its predecessor, Student and Exchange Visitor Information System II is an information system that tracks and monitors F/M/J nonimmigrants throughout the duration of approved participation within the U.S. education system or designated exchange visitor program. This Student and Exchange Visitor Information System II system of records notice updates categories of individuals; categories of records; purpose of the system; routine uses; policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system; and record access procedures. Additionally, this notice includes non-substantive changes to simplify the formatting and text of the previously published notice. A Privacy Impact Assessment on Student and Exchange Visitor Information System II that describes the new system in detail is being published concurrently with this notice.

The Department of Homeland Security, National Protection and Programs Directorate/Cybersecurity and Communications/Office of Emergency Communications, has submitted 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 Coast Guard has changed the drawbridge operation regulations that govern the operation of the bridges across the Harlem River at New York City, New York. This final rule revises the drawbridge operation regulations by expanding the bridge opening periods and also removes redundant language and requirements that are no longer necessary.

The Coast Guard announces that a Certificate of Alternative Compliance was issued for the offshore supply vessel KELLY ANN CANDIES as required by 33 U.S.C. 1605(c) and 33 CFR 81.18.

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.

This is a notice of the Presidential declaration of a major disaster for the State of Alabama (FEMA-1866-DR), dated December 22, 2009, and related determinations.