Department of Homeland Security October 2010 – Federal Register Recent Federal Regulation Documents
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Drawbridge Operation Regulation; New Jersey Intracoastal Waterway (NJICW), Point Pleasant Canal, NJ
The Commander, Fifth Coast Guard District, has issued a temporary deviation from the regulations governing the operation of the Route 88/Veterans Memorial Bridge across Point Pleasant Canal, at NJICW mile 3.0, in Point Pleasant, NJ. This closure is necessary to facilitate extensive mechanical rehabilitation and to maintain the bridge's operational integrity.
Drawbridge Operation Regulation; Arkansas Waterway, Little Rock, AR
Drawbridge operations for the Baring Cross Railroad Drawbridge across the Arkansas Waterway at Mile 119.6 at Little Rock, Arkansas. Vessel operators shall contact the remote drawbridge operator via microphone keying four times within five seconds on VHF-FM Channel 13 when requesting a draw opening. This keying will activate an indicator on the remote drawbridge operator's console and send an acknowledgement tone back to the vessel. The remote drawbridge operator will then establish verbal radio communications with the vessel and operate the drawspan as normal.
Vessel Traffic Service Lower Mississippi River
The Coast Guard is establishing a Vessel Traffic Service (VTS) on the Lower Mississippi River and is transferring certain vessel traffic management (VTM) provisions of the Mississippi River, LouisianaRegulated Navigation Area to the VTS. This final rule establishes a mandatory participation VTS by implementing current voluntary practices and operating procedures. This rule facilitates vessel transits, enhances good order, promotes safe navigation, and improves existing waterway operating measures. The rule also proposes minor conforming revisions to the existing VTM provisions and related regulations.
Agency Information Collection Activities: Proposed Collection; Comment Request, OMB No. 1660-NEW; Logistics Capability Assessment Tool (LCAT)
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 Logistics Capability Assessment Tool.
Agency Information Collection Activities: Submission for OMB Review; Comment Request; FEMA Mitigation Success Story Database
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.
Safety Zone: Epic Roasthouse Private Party Firework Display, San Francisco, CA
The Coast Guard is establishing a temporary safety zone in the navigable waters of San Francisco Bay 1,000 yards off Epic Roasthouse Restaurant, San Francisco, CA during a fireworks display in support of the Epic Roasthouse Private Party. This safety zone is established to ensure the safety of participants and spectators from the dangers associated with the pyrotechnics. Unauthorized persons and vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission from the Captain of the Port or her designated representative.
Permissible Sharing of Client Records by Customs Brokers
This document proposes to amend Customs and Border Protection (CBP) regulations in title 19 of the Code of Federal Regulations (CFR) pertaining to the obligations of customs brokers to keep clients' information confidential. The proposed amendment would allow brokers, upon the client's consent in a written authorization, to share client information with affiliated entities related to the broker so that these entities may offer non-customs business services to the broker's clients. The proposed amendment would also allow customs brokers to use a third-party to perform photocopying, scanning, and delivery of client records for the broker. These proposed changes are intended to update the regulation to reflect modern business practices, while protecting the confidentiality of client (importer) information. In addition, the proposed changes would align the regulations with CBP's previously published rulings concerning brokers' confidentiality of client information.
Drawbridge Operation Regulations; Mystic River, Charlestown, MA
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the S99 Alford Street Bridge across the Mystic River, mile 1.4, at Charlestown, Massachusetts. The deviation allows the bridge to remain in the closed position three days in November to facilitate scheduled bridge maintenance.
New York; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the State of New York (FEMA-1943-DR), dated October 14, 2010, and related determinations.
Minnesota; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the State of Minnesota (FEMA-1941-DR), dated October 13, 2010, and related determinations.
Minnesota; Amendment No. 1 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster for the State of Minnesota (FEMA-1941-DR), dated October 13, 2010, and related determinations.
Minnesota; Amendment No. 2 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Minnesota (FEMA-1941-DR), dated October 13, 2010, and related determinations.
North Carolina; 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 Carolina (FEMA-1942-DR), dated October 14, 2010, and related determinations.
Iowa; Amendment No. 11 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Iowa (FEMA-1930-DR), dated July 29, 2010, and related determinations.
North Carolina; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the State of North Carolina (FEMA-1942-DR), dated October 14, 2010, and related determinations.
Disaster Temporary Housing Operational Guide
The Federal Emergency Management Agency (FEMA) is accepting comments on the Disaster Temporary Housing Operational Guide.
Recovery Policy RP9524.2, Landslides and Slope Stability Related to Public Facilities
This document provides notice of the final Recovery Policy RP9524.2, Landslides and Slope Stability Related to Public Facilities, which is being issued by the Federal Emergency Management Agency (FEMA).
Drawbridge Operation Regulation; Illinois River, Pekin, IL
The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Pekin Railroad Drawbridge across the Illinois Waterway, mile 151.2, Pekin, Illinois. The deviation is necessary to allow the replacement of lift cables and associated mechanisms on the lift span and allows the bridge to be maintained in the closed-to-navigation position during the deviation period.
Security Zone, in the Vicinity of the Michoud Slip Position 30°0′34.2″ N, 89°55′40.7″ W to Position 30°0′29.5″ N, 89°55′52.6″ W
The Captain of the Port of New Orleans, under the authority of the Magnuson Act, 33 CFR 165.30 and 165.33, has established a security zone in the vicinity of the Michoud Slip encompassing the entire slip from position 30[deg]0'34.2'' N, 89[deg]55'40.7'' W to position 30[deg]0'29.5'' N, 89[deg]55'52.6'' W across the mouth of the slip. Vessels will not be allowed to enter this security zone without the permission of the Captain of the Port, New Orleans. This security zone is necessary to protect the Deepwater Horizon blowout preventer and adjacent piers and infrastructure from destruction, loss or injury from sabotage or other subversive acts, accidents or other causes of a similar nature.
Drawbridge Operation Regulation; Arkansas Waterway, Pine Bluff, AR
Drawbridge operations for the Rob Roy Railroad Drawbridge across the Arkansas Waterway at Mile 67.4 at Pine Bluff, Arkansas. Vessel operators shall contact the remote drawbridge operator via microphone keying four times within in five seconds on VHF-FM Channel 12 when requesting a draw opening. This keying will activate an indicator on the remote drawbridge operator's console and send an acknowledgement tone back to the vessel. The remote drawbridge operator will then establish verbal radio communications with the vessel and operate the drawspan as normal.
Security Zones; Sabine Bank Channel, Sabine Pass Channel and Sabine-Neches Waterway, TX
The Coast Guard is issuing an interim rule based on comments received from the subject Notice of Proposed Rulemaking published in the Federal Register on May 27, 2010. This interim rule establishes moving security zones for certain vessels for which the Captain of the Port, Port Arthur deems enhanced security measures necessary. In addition, it establishes security zones encompassing the mooring basins of LNG carriers while they are moored at the Golden Pass LNG facility in Sabine, TX and/or the Sabine Pass LNG facility located in Cameron Parish, LA.
Notice of Issuance of Final Determination Concerning Certain Heating Boilers
This document provides notice that U.S. Customs and Border Protection (``CBP'') has issued a final determination concerning the country of origin of certain heating boilers. Based upon the facts presented, CBP has concluded in the final determination that Canada is the country of origin of the heating boilers for purposes of U.S. Government procurement.
National Advisory Council Teleconference Meeting
The National Advisory Council (NAC) will be holding a teleconference meeting for the purpose of discussing revisions to the National Exercise Program (NEP). The teleconference meeting will be open to the public.
National Offshore Safety Advisory Committee
The National Offshore Safety Advisory Committee (NOSAC) will meet to discuss items related to safety of operations and other matters affecting the oil and gas offshore industry. The purpose of this meeting is to review and discuss reports and recommendations received from the various NOSAC subcommittees. The Committee will then use this information to formulate recommendations to the agency. This meeting will be open to the public.
Marine Vapor Control Systems
The Coast Guard proposes to increase maritime domain safety by revising existing safety regulations for facility and vessel vapor control systems (VCSs). The proposed changes would make VCS requirements more compatible with new Federal and State environmental requirements, reflect industry advancements in VCS technology, and codify the standards for the design and operation of a VCS at tank barge cleaning facilities. These changes would increase the safety of operations by regulating the design, installation, and use of VCSs, but would not require anyone to install or use VCSs.
Automated Commercial Environment (ACE): Announcement of a National Customs Automation Program Test of Automated Manifest Capabilities for Ocean and Rail Carriers
U.S. Customs and Border Protection (CBP) will be conducting a National Customs Automation Program test concerning the transmission of required advance ocean and rail data through the Automated Commercial Environment (ACE). This notice provides a description of the test process, sets forth eligibility criteria for participation, opens the application period for participation, outlines the development and evaluation methodology to be used, and invites public comments. Additionally, this notice advises the public that shortly after the successful completion of the test, CBP intends to publish a notice in the Federal Register announcing that ACE will be the only CBP-approved electronic data interchange (EDI) for submitting advance ocean and rail data and intends to amend the regulations as necessary.
Extension of Import Restrictions Imposed on Certain Categories of Archaeological Material From the Pre-Hispanic Cultures of the Republic of Nicaragua
This document amends Customs and Border Protection (CBP) regulations to reflect the extension of import restrictions on certain categories of archaeological material from the Pre-Hispanic cultures of the Republic of Nicaragua. The restrictions, which were originally imposed by Treasury Decision (T.D.) 00-75 and extended by CBP Decision (Dec.) 05-33, are due to expire on October 20, 2010. The Assistant Secretary for Educational and Cultural Affairs, United States Department of State, has determined that factors continue to warrant the imposition of import restrictions. Accordingly, these import restrictions will remain in effect for an additional 5 years, and the CBP regulations are being amended to reflect this extension until October 20, 2015. These restrictions are being extended pursuant to determinations of the United States Department of State made under the terms of the Convention on Cultural Property Implementation Act that implemented the United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. T.D. 00-75 contains the Designated List of archaeological material representing Pre-Hispanic cultures of Nicaragua to which the restrictions apply.
Safety Zone, Brandon Road Lock and, Dam to Lake Michigan Including Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, and Calumet-Saganashkee Channel, Chicago, IL
The Coast Guard will enforce a segment of the Safety Zone, Brandon Road Lock and Dam to Lake Michigan including Des Plaines River, Chicago Ship and Sanitary Canal, Chicago River, Calumet-Saganashkee Channel on all waters of the Chicago Sanitary and Ship Canal from Mile Marker 296.1 to Mile Marker 296.7 from 6 a.m. on October 4, 2010 through 6 p.m. on October 11, 2010 and from 6 a.m. on November 3, 2010 through 6 p.m. on November 5, 2010. This action is necessary to protect the waterways, waterway users and vessels from hazards associated with the U.S. Army Corps of Engineers' installation of parasitic structures which will help control the spread of aquatic nuisance species that might devastate the waters in the Chicago Sanitary and Ship Canal. During the enforcement period, entry into, transiting, mooring, laying-up or anchoring within the enforced area of this safety zone by any person or vessel is prohibited unless authorized by the Captain of the Port, Sector Lake Michigan, or his or her designated representative.
Safety Zones; Temporary Change of Date for Recurring Fireworks Display Within the Fifth Coast Guard District, Wrightsville Beach, NC
The Coast Guard is temporarily changing the enforcement period of safety zone regulations for a recurring fireworks display within the Fifth Coast Guard District. These regulations apply to only one recurring fireworks display event that takes place at Wrightsville Beach, NC. Safety zone regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in a portion of Motts Channel and Banks Channel near Wrightsville Beach, NC, during the event.
Notice of Issuance of Final Determination Concerning Fairplay Legacy Electric Vehicles
This document provides notice that U.S. Customs and Border Protection (``CBP'') has issued a final determination concerning the country of origin of the Fairplay Legacy line of golf and recreational electric vehicles. Based upon the facts presented, CBP has concluded in the final determination that the United States is the country of origin of the Fairplay Legacy line of electric vehicles for purposes of U.S. Government procurement.
Final Flood Elevation Determinations
Base (1% annual-chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).
Interagency Coordinating Committee on Oil Pollution Research (ICCOPR); Public Meeting
The Interagency Coordinating Committee on Oil Pollution Research (ICCOPR) will hold a public meeting in New Orleans, LA to hear comments on the priorities of oil pollution research, including projects related to the Deepwater Horizon incident and the Arctic environment. This meeting is designed to give the public an opportunity to provide statements as to where the ICCOPR, a federally mandated committee, should focus their efforts concerning oil pollution research. Public comment will then be used to augment the revision of the 1997 Oil Pollution Research and Technology Plan. This meeting will be open to the public.
Safety Zone, Brandon Road Lock and Dam to Lake Michigan Including Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, and Calumet-Saganashkee Channel, Chicago, IL
The Coast Guard will enforce a segment of the Safety Zone; Brandon Road Lock and Dam to Lake Michigan including Des Plaines River, Chicago Ship and Sanitary Canal, Chicago River, Calumet-Saganashkee Channel on all waters of the Chicago Sanitary and Ship Canal between Mile Marker 291.0 and Mile Marker 296.1 from 4 p.m. on October 19, 2010 to 12 p.m. on October 20, 2010 and from 4 p.m. on October 20, 2010 to 10 a.m. on October 21, 2010. This action is necessary to protect the waterways, waterway users, and vessels from hazards associated with intensive fish sampling efforts in the Lockport pool to be conducted by the Illinois Department of Natural Resources (IDNR). These sampling efforts will include the setting of nets throughout this portion of the Chicago Sanitary and Ship Canal. The purpose of this sampling is to provide essential information in connection with efforts to control the spread of aquatic nuisance species that might devastate the waters of the Chicago Sanitary and Ship Canal. During the enforcement period, entry into, transiting, mooring, laying-up or anchoring within the enforced area of this safety zone by any person or vessel is prohibited unless authorized by the Captain of the Port, Sector Lake Michigan, or his or her designated representative.
Arizona; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the State of Arizona (FEMA-1940-DR), dated October 4, 2010, and related determinations.
Bulk Solid Hazardous Materials: Harmonization With the International Maritime Solid Bulk Cargoes (IMSBC) Code
The Coast Guard is harmonizing its regulations with amendments to Chapter VI and Chapter VII of the International Maritime Organization (IMO) International Convention for the Safety of Life at Sea, 1974, as amended, (SOLAS) that make the International Maritime Solid Bulk Cargoes (IMSBC) Code mandatory. The amendments require that all vessels subject to SOLAS, and carrying bulk solid cargoes other than grain, comply with the IMSBC Code. The Coast Guard is amending its regulations governing the carriage of solid hazardous materials in bulk to allow use of the IMSBC Code as an equivalent form of compliance for all domestic and foreign vessels operating in U.S. navigable waters. The amended Coast Guard regulations also expand the list of solid hazardous materials authorized for bulk transportation by vessel and include special handling procedures based on the IMSBC Code and existing special permits. These changes reduce the need for the current special permits required for the carriage of certain solid hazardous materials in bulk.
Notice of Meeting of the Advisory Committee on Commercial Operations of Customs and Border Protection (COAC)
The Advisory Committee on Commercial Operations of U.S. Customs and Border Protection (COAC) will meet on November 9, 2010, in Washington, DC. The meeting will be open to the public.
Drawbridge Operation Regulation; Des Allemands Bayou, LA
The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Burlington Northern Santa Fe Railway swing bridge across Des Allemands Bayou, mile 14.0, in St. Charles and Lafourche Parishes, Louisiana. The deviation is necessary to perform extensive rehabilitation to the bridge. This deviation allows the bridge to remain closed to navigation completely from January 18, 2011 through February 22, 2011.
Security Zone: Passenger Vessels, Sector Southeastern New England Captain of the Port Zone
The Coast Guard is establishing temporary fixed and moving security zones around passenger vessels in the Sector Southeastern New England Captain of the Port Zone. A fixed security zone will be in effect within a maximum 100-yard radius of any passenger vessel anchored, moored, or in the process of mooring and a moving security zone up to 200 yards for any passenger vessel underway being escorted by Coast Guard or forces under Coast Guard control (such as assisting law enforcement agencies). These zones are needed to protect passengers, vessels and the public from destruction, loss, or injury from sabotage, subversive acts, or other malicious acts of a similar nature. This temporary final rule is an interim measure while a permanent rulemaking process is pursued separately under docket USCG- 2010-0803.
Drawbridge Operation Regulation; Back Bay of Biloxi, Harrison County, MS
The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the I-110 (HWY 15) bridge across the Back Bay of Biloxi, mile 3.0, between Biloxi and D'Iberville, Harrison County, Mississippi. This deviation is necessary to allow timely bridge rehabilitation to extend the bridge life, optimize traffic and boat operations, and improve overall traffic, boat and pedestrian safety. This deviation allows the bridge to remain closed with limited exception.
Iowa; Amendment No. 10 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Iowa (FEMA-1930-DR), dated July 29, 2010, and related determinations.
Virgin Islands; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the Territory of the U.S. Virgin Islands (FEMA-1939-DR), dated September 28, 2010, and related determinations.
Illinois; Amendment No. 3 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Illinois (FEMA-1935-DR), dated August 19, 2010, and related determinations.
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.
Extension of Agency Information Collection Activity Under OMB Review: Sensitive Security Information Threat Assessments
This notice announces that the Transportation Security Administration (TSA) has forwarded the Information Collection Request (ICR), Office of Management and Budget (OMB) control number 1652-0042, abstracted below to OMB for review and approval of an extension of the currently approved collection under the Paperwork Reduction Act (PRA). The ICR describes the nature of the information collection and its expected burden. TSA published a Federal Register notice, with a 60-day comment period soliciting comments, of the following collection of information on July 30, 2010 75 FR 44974. The collection involves TSA determining whether the party or representative of a party seeking access to sensitive security information (SSI) in a civil proceeding in Federal court may be granted access to the SSI.
Drawbridge Operation Regulations; Hackensack River, Jersey City, NJ
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Route 1 & 9 Lincoln Highway Bridge across the Hackensack River, mile 1.8, at Jersey City, New Jersey. The deviation allows the bridge owner to require a two-hour advance notice for openings for two and a half months and several short term bridge closures to facilitate bridge painting operations.
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