Department of Homeland Security December 2010 – Federal Register Recent Federal Regulation Documents
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Security Zones; Moored Cruise Ships, Port of San Diego, CA
The Coast Guard is establishing a temporary security zone regulation from December 21, 2010, through June 20, 2011. The security zones created by this rule will encompass all navigable waters extending from the surface to the sea floor, within a 100 yard radius around any cruise ship that is moored at any berth within the San Diego port area inside the sea buoys bounding the Port of San Diego. This temporary final rule is necessary to provide for the safety of the cruise ship, vessels, and users of the waterway. Entry into these security zones will be prohibited unless specifically authorized by the Captain of the Port (COTP) San Diego, or his or her designated representative. This rule will also suspend paragraph (b)(2) of 33 CFR 165.1108, a related regulation.
Technical Correction: Completion of Entry and Entry Summary-Declaration of Value
Customs and Border Protection (CBP) periodically reviews its regulations to ensure that they are current, correct, and consistent. As a result of this review process, CBP has determined that a correction to part 141 of title 19 of the CBP Regulations (19 CFR part 141) is necessary to reflect that the underlying statutory authority for Sec. 141.61(g) has expired and that this regulation is no longer necessary. Accordingly, part 141 of the CBP regulations is amended by removing the obsolete regulation.
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.
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.
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.
Expansion of Global Entry Pilot to Mexican Nationals
U.S. Customs and Border Protection (CBP) is conducting an international trusted traveler pilot program, referred to as the Global Entry pilot, at several major U.S. airports. Currently, eligibility is limited to U.S. citizens, U.S. nationals, U.S. lawful permanent residents (LPRs), and certain eligible citizens of the Netherlands. This document announces that pursuant to a Joint Declaration between the U.S. Department of Homeland Security and the Secretariat of Governance of the United Mexican States, CBP is expanding eligibility for participation in the Global Entry pilot to include qualified nationals of Mexico who otherwise satisfy the requirements for participation in the Global Entry pilot.
Utilization of Global Entry Kiosks by NEXUS and SENTRI Participants
U.S. Customs and Border Protection (CBP) operates several international trusted traveler programs to provide expedited entry into the United States at designated ports of entry for pre-approved travelers. Through the utilization of automated kiosks, the Global Entry pilot program allows CBP to expedite clearance of pre-approved, low-risk air travelers arriving in the United States. In this notice, CBP is announcing that it is expanding two other trusted traveler programs, NEXUS and the Secure Electronic Network for Travelers Rapid Inspection (SENTRI), to permit participants of these programs currently in good standing to utilize Global Entry kiosks as part of their NEXUS or SENTRI membership. CBP also is describing the terms and conditions for such use. NEXUS is a program jointly administered by the United States and Canada that allows certain pre-approved, low-risk travelers expedited processing for travel between the United States and Canada. The SENTRI trusted traveler program allows certain pre-approved, low- risk travelers expedited entry at specified land border ports along the U.S.-Mexico border.
Safety Zone; New Year's Celebration for the City of San Francisco, Fireworks Display, San Francisco, CA
The Coast Guard is establishing a temporary safety zone in support of the New Year's Eve Celebration for the City of San Francisco Fireworks Display. The temporary safety zone will extend 100 feet from the nearest point of the barge during the loading, transit, and arrival of the pyrotechnics, and will extend 1,000 feet from the nearest point of the barge during the fireworks display. This safety zone is established to ensure the safety of participants and spectators from the dangers associated with the pyrotechnics. 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 her designated representative.
Information Collection Request to Office of Management and Budget; OMB Control Numbers: 1625-0058, 1625-0072 and 1625-0092
In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit Information Collection Requests (ICRs) to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), requesting approval of revisions to the following collections of information: 1625-0058, Application for Permit to Transport Municipal and Commercial Waste, 1625-0072, Waste Management Plans, Refuse Discharge Logs, Letters of Instruction for Certain Persons-in-Charge (PIC) and Great Lakes Dry Cargo Residue Recordkeeping, and 1625-0092 Sewage and Graywater Discharge Records for Certain Cruise Vessels Operating on Alaskan Waters. Our ICRs describe the information we seek to collect from the public. Before submitting these ICRs to OIRA, the Coast Guard is inviting comments as described below.
Notice of Public Meeting on the International Maritime Organization Guidelines for Exhaust Gas Cleaning Systems for Marine Engines To Comply with Annex VI to MARPOL 73/78
The United States Coast Guard will conduct a public meeting on the International Maritime Organization guidelines for exhaust gas cleaning systems for marine engines in Washington, DC. The purpose of this meeting will be to collect information for updates to CG-543 policy letter 09-01 that provide guidance for exhaust gas cleaning systems under MARPOL Annex VI regulation 4.
Security Zone, 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 sections 165.30 and 165.33, has established a security zone for 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.
National Maritime Security Advisory Committee; Meeting
The National Maritime Security Advisory Committee (NMSAC) will meet in Washington, DC to discuss various issues relating to national maritime security. This meeting will be open to the public.
National Protection and Programs Directorate; President's National Security Telecommunications Advisory Committee
The President's National Security Telecommunications Advisory Committee (NSTAC) will meet on Wednesday, January 19, 2011, via a conference call.
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.
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.
Proposed Flood Elevation Determinations
Comments are requested on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.
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.
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.
Safety Zone; Columbia River, The Dalles Lock and Dam
The Coast Guard is establishing a temporary safety zone on the waters of the Columbia River in the vicinity of The Dalles Lock and Dam while the Army Corps of Engineers completes repairs to the lock. The safety zone is necessary to help ensure the safety of workers conducting the repairs as well as the maritime public and will do so by prohibiting all persons and vessels from entering the construction zone.
Safety Zone; Potential Unexploded Ordnance, Pier 91, Seattle, WA
The Coast Guard is establishing a temporary safety zone encompassing all waters within 100 yards of Pier 90/91 between terminal 89 and the Elliott Bay Marina Breakwater on Elliott Bay in Seattle, Washington. The safety zone is necessary to help ensure the safety of the maritime public due to discarded military munitions discovered in close proximity to Pier 91 and will do so by prohibiting any person or vessel from entering or remaining in the safety zone unless authorized by the Captain of the Port or his designated representative.
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.
Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/United States Citizenship and Immigration Services-012 Citizenship and Immigration Data Repository System of Records
The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a newly established system of records titled ``Department of Homeland Security/United States Citizenship and Immigration Services-012 Citizenship and Immigration Data Repository System of Records'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the ``Department of Homeland Security/United States Citizenship and Immigration Services-012 Citizenship and Immigration Data Repository System of Records'' from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Australia Beef Imports Approved for the Electronic Certification System (eCERT)
This document provides notice that effective January 3, 2011, the export certification requirement for imports of beef from Australia subject to quantitative restraints will be accomplished through the Electronic Certification System (eCERT). Beginning on that date, all such imports must be accompanied by an eCERT transmission in lieu of the paper export certificate. This change is being made at the request of Australia's Department of Agriculture Forestry and Fisheries and with the approval of the United States Government.
Safety Zone; Allegheny River, Pittsburgh, PA
The Coast Guard is establishing a temporary safety zone extending the entire width of the river between mile markers 0.6 and 0.8 on the Allegheny River. The safety zone is needed to protect the public from the hazards associated with the First Night Pittsburgh fireworks display. Entry into, movement within, and departure from this Coast Guard safety zone, while it is activated and enforced, is prohibited, unless authorized by the Captain of the Port or a designated representative.
Nationwide Use of High Frequency and Ultra High Frequency Active SONAR Technology; Draft Programmatic Environmental Assessment and Draft Finding of No Significant Impact
The U.S. Coast Guard (USCG) announces the availability of the Draft Programmatic Environmental Assessment (PEA) for the Nationwide Use of High Frequency (HF) and Ultra High Frequency (UHF) Sound Navigation and Ranging (SONAR) Technology and Draft Finding of No Significant Impact (FONSI). The USCG is proposing the nationwide use of active SONAR technologies that operate at frequencies of 50 kiloHertz (kHz) and greater from mobile platforms. Active SONAR technology would be used in support of USCG missions to locate, image, and classify submerged/underwater targets of interest (TOI). The PEA is a program- level document that will provide the USCG with management-level analysis of the potential impacts of each alternative on the human and natural environments.
Drawbridge Operation Regulation; Rainey River, Rainer, MN
The Coast Guard proposes to establish drawbridge operating procedures for the Canadian National Railway Bridge across the Rainey River at Mile 85.0 at Rainer, Minnesota. This proposed rule is intended to establish standard bridge operating conditions for the drawbridge, including dates of operation.
Drawbridge Operation Regulation; Sassafras River, Georgetown, MD
The Commander, Fifth Coast Guard District has issued a temporary deviation from the regulations governing the operation of the Sassafras River (Route 213) Bridge, mile 10.0, in Georgetown, MD. The deviation is necessary to facilitate mechanical repairs and gate replacement. This deviation allows the drawbridge to remain in the closed to navigation position.
Drawbridge Operation Regulation; Upper Mississippi River, Rock Island, IL
The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Crescent Railroad Drawbridge across the Upper Mississippi River, mile 481.4, at Rock Island, Illinois. The deviation is necessary to allow the bridge owner time to perform preventive maintenance that is essential to the continued safe operation of the drawbridge. Maintenance is scheduled in the winter and when there is less impact on navigation; instead of scheduling work in the summer, when river traffic increases. This deviation allows the bridge to open on signal if at least 24 hours advance notice is given.
National Protection and Programs Directorate; National Infrastructure Advisory Council Meeting
The National Infrastructure Advisory Council (NIAC) will meet on Tuesday, January 18, 2011, at the JW Marriott Washington DC, Salon I, 1331 Pennsylvania Avenue, NW., Washington, DC 20004.
Shipboard Air Emission Reduction Technology Report
In Section 305 of the Coast Guard Authorization Act of 2010, Congress directs the Secretary of the Department in which the Coast Guard is operating to conduct a study, in conjunction with the Environmental Protection Agency, on Ship Emission Reduction Technology for cargo and passenger vessels that operate in United States waters and ports. For this study, the Coast Guard and the Environmental Protection Agency will survey new technology and new applications of existing technology for reducing air emissions from cargo and passenger vessels regulated under the Clean Air Act and the Act to Prevent Pollution from Ships, and identify the impediments, including any laws or regulations, to the implementation of this technology. Through this notice, the Coast Guard and the Environmental Protection Agency invite the public to provide information on the state of current and future air emission reduction technology, including specific comments on any impediments to this technology.
Safety Zone; Sacramento New Year's Eve, Fireworks Display, Sacramento, CA
The Coast Guard is establishing a temporary safety zone in support of the Sacramento New Year's Eve Fireworks Display. From 8:45 p.m. on December 31, 2010 until 12:25 a.m. on January 1, 2011, pyrotechnics will be launched from shore over the Sacramento River and from the center of the Tower Lift Bridge on the Sacramento River. The fireworks displays will occur from 8:45 p.m. to 9:25 p.m. on December 31, 2010 and from 11:45 p.m. on December 31, 2010 until 12:25 a.m. on January 1, 2011. This safety zone is established to ensure the safety of participants and spectators from the dangers associated with the pyrotechnics. 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 her designated representative.
Proposed Information Collection
The Department of Homeland Security (DHS) has submitted the following information collection requests (ICR) to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995: 1620-0001. This information collection was previously published in the Federal Register on October 8, 2010 at 75 FR 62409, allowing for OMB review and a 60-day public comment period. No comments were received. This notice allows for an additional 30 days for public comments.
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.
Collection of Information Under Review by Office of Management and Budget: OMB Control Numbers: 1625-0002, 1625-0017, 1625-0019, and 1625-0030
In compliance with the Paperwork Reduction Act of 1995, this request for comments announces that the U.S. Coast Guard is forwarding four 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) 1625-0002, Applications for Vessel Inspection, Waiver, and Continuous Synopsis Record; (2) 1625-0017, Various International Agreement Safety Certificates and Documents; (3) 1625-0019, Alternative Compliance for International and Inland Navigation Rules33 CFR Parts 81 and 89; (4) and 1625-0030, Oil and Hazardous Materials Transfer Procedures. Our ICRs describe the information we seek to collect from the public. Review and comments by OIRA ensure we only impose paperwork burdens commensurate with our performance of duties.
Collection of Information Under Review by Office of Management and Budget: OMB Control Numbers: 1625-0062, 1625-0078, and 1625-0082
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) 1625-0062, Approval of Alterations to Marine Portable Tanks; Approval of Non-Specification Portable Tanks; (2) 1625-0078, Licensing and Manning Requirements for Officers of Towing Vessels; and (3) 1625-0082, Navigation Safety Information and Emergency Instructions for Certain Towing Vessels. Our ICRs describe the information we seek to collect from the public. Review and comments by OIRA ensure we only impose paperwork burdens commensurate with our performance of duties.
National Boating Safety Advisory Council
The National Boating Safety Advisory Council (NBSAC) and its subcommittees will meet on January 14-16, 2011, in Orlando, Florida. NBSAC discusses issues relating to recreational boating safety. The meetings will be open to the public.
Temporary Suspension of Certain Oil Spill Response Time Requirements To Support Deepwater Horizon Oil Spill of National Significance (SONS) Response
The Coast Guard and the Environmental Protection Agency (EPA) announce that we have considered the comments, materials, and evidence received in response to the joint emergency temporary interim rule issued on June 30, 2010, and do not intend to take further regulatory action regarding the rule. As such, the rule will expire as scheduled on December 31, 2010. The Coast Guard and EPA also provide notice of the alternative arrangements under the National Environmental Policy Act used for the joint emergency temporary interim rule.
Protection for Whistleblowers in the Coast Guard
By this direct final rule, the Coast Guard is amending its ``Coast Guard Whistleblower Protection'' regulations to conform to statutory protections for all members of the Armed Forces. The revised regulations broaden the protection already afforded uniformed members of the Coast Guard by: Providing that uniformed Coast Guard members may make protected communications to other persons and organizations in additiPn to Members of Congress or an Inspector General, and expanding the subject matter of protected communications to include information that the member reasonably believes constitutes evidence of sexual harassment and discrimination, among other subjects. Additionally, changes to the regulations update the responsibilities of the Inspector General of the Department of Homeland Security to conform to relevant statutory provisions.
Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/ALL-031 Information Sharing Environment Suspicious Activity Reporting Initiative System of Records
The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a newly established system of records titled, ``Department of Homeland Security/ALL-031 Information Sharing Environment Suspicious Activity Reporting Initiative System of Records'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the ``Department of Homeland Security/ALL-031 Information Sharing Environment Suspicious Activity Reporting Initiative System of Records'' from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
National Offshore Safety Advisory Committee
The National Offshore Safety Advisory Committee (NOSAC) will meet by teleconference 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 two NOSAC subcommittees and to address two new tasks for the Committee. This meeting will be open to the public.
Agency Information Collection Activities: Submission for OMB Review; Comment Request, OMB No. 1660-0072; Mitigation Grants Program/eGrants
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.
E-2 Nonimmigrant Status for Aliens in the Commonwealth of the Northern Mariana Islands With Long-Term Investor Status
This final rule amends Department of Homeland Security (DHS) regulations governing E-2 nonimmigrant treaty investors to establish procedures for classifying long-term investors in the Commonwealth of the Northern Mariana Islands (CNMI) as E-2 nonimmigrants. This final rule implements the CNMI nonimmigrant investor visa provisions of the Consolidated Natural Resources Act of 2008 extending the immigration laws of the United States to the CNMI.
Unified Agenda of Federal Regulatory and Deregulatory Actions
This regulatory agenda is a semiannual summary of all current and projected rulemakings, existing regulations, and completed actions of the Department of Homeland Security (DHS) and its components. This agenda provides the public with information about DHS's regulatory activity. DHS expects that this information will enable the public to be more aware of, and effectively participate in, the Department's regulatory activity. DHS invites the public to submit comments on any aspect of this agenda.
Limited Service Domestic Voyage Load Lines for River Barges on Lake Michigan, Delay of Effective Date
The Coast Guard announces that it is delaying the effective date of certain revisions in 46 CFR part 45 as amended by the final rule published in the November 18, 2010, Federal Register (75 FR 70595), and soliciting comments on those amendments.
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).
Intent To Prepare Programmatic Environmental Assessment Statement for the Nationwide Implementation of the Interagency Operations Centers
The Coast Guard announces its intent to prepare a Programmatic Environmental Assessment (PEA) for the proposed nationwide implementation of the Interagency Operations Centers (IOC) Project and requests public comments on the scope of the PEA.
Notice of Issuance of Final Determination Concerning the Fairplay Hoss and the Fairplay Eve 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 Hoss and the Fairplay Eve lines of 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 Hoss and Eve lines of electric vehicles for purposes of U.S. Government procurement.
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