Department of Homeland Security January 2011 – Federal Register Recent Federal Regulation Documents

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).

U.S. Customs and Border Protection (CBP) of the Department of Homeland Security will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act: Request for Information (CBP Form 28). This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with no 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 (75 FR 70680) on November 18, 2010, allowing for a 60-day comment period. One comment was received. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10.

This document amends Customs and Border Protection (CBP) regulations to reflect the extension of import restrictions imposed on certain archaeological material originating in Italy and representing the pre-Classical, Classical, and Imperial Roman periods of its cultural heritage, ranging in date from approximately the 9th century B.C. through approximately the 4th century A.D. The restrictions, which were originally imposed by Treasury Decision (T.D.) 01-06 and extended by CBP Decision (Dec.) 06-01, are due to expire on January 19, 2011. 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 January 19, 2016. 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. This document also contains the Designated List of archaeological material of Italy that describes the articles to which the restrictions apply. Note that the Designated List has been amended to include ``Coins of Italian Types'' under the category entitled ``Metal.''

The Coast Guard proposes to amend its regulation to establish permanent safety zones for hydroplane races taking place on various dates within Puget Sound, WA. This supplemental notice of proposed rulemaking changes the proposed regulation from establishing safety zones under 33 CFR part 165 to establishing a special local regulation under 33 CFR part 100, removes the duplicative Port Angeles race area and adds a race area in Lake Sammamish to the designated hydroplane race areas within the Captain of the Port, Puget Sound area of responsibility. When this proposed special local regulation is activated, and thus subject to enforcement, this rule would limit the movement of non-participating vessels within the regulated race areas while hydroplane races are taking place. This rule is needed to provide effective control over these events while ensuring the safety of the maritime public.

The Coast Guard will enforce a segment of the Safety Zone; Brandon Road Lock and Dam to Lake Michigan including Des Plaines River, Chicago Sanitary and Ship 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 daily from 7 a.m. through 11 a.m. and from 1 p.m. to 5 p.m. on January 18-22, 2011; January 24-26, 2011; January 31, 2011; February 1-5, 2011; February 7-12, 2011; and on February 14-19, 2011. This enforcement action will also occur from 7 a.m. on January 27, 2011 through 7 a.m. on January 29, 2011. This action is necessary to protect the waterways, waterway users, and vessels from hazards associated with the U.S. Army Corps of Engineers' operational and safety testing of the dispersal barrier IIB, which helps control the spread of aquatic nuisance species that have the potential of devastating the waters of the Great Lakes. 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.

Notice is hereby given that, pursuant to Title 19 of the Code of Federal Regulations at section 111.51(a), the following individual Customs broker license and any and all permits have been cancelled due to the death of the broker:

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.

On December 29, 2010 (75 FR 82040), the United States Coast Guard announced that a public meeting on the International Maritime Organization guidelines for exhaust gas cleaning systems for marine engines would be held January 19 and 20, 2011 in Washington, DC. This meeting has been cancelled. A future meeting date on this topic may be scheduled and would be announced in the Federal Register.

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.

The Coast Guard is establishing a safety zone on the navigable waters of Lake Mead in support of the construction project for Lake Mead's Intake 3 during the first 6 months of 2011. Blasting will take place at regular intervals at the location and in the manner set forth herein. This safety zone is necessary to ensure unauthorized personnel and vessels remain safe by keeping clear of the hazardous area during blasting operations. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port (COTP) or his designated representative.

This notice advises the public of the quarterly Internal Revenue Service interest rates used to calculate interest on overdue accounts (underpayments) and refunds (overpayments) of customs duties. For the calendar quarter beginning January 1, 2011, the interest rates for overpayments will be 2 percent for corporations and 3 percent for non-corporations, and the interest rate for underpayments will be 3 percent. This notice is published for the convenience of the importing public and Customs and Border Protection personnel.

The Coast Guard announces the release of Maritime Security (MARSEC) Directive 104-6 (Rev 5). This Directive only applies to U.S. flagged vessels subject to the Maritime Transportation Security Act (MTSA) on international voyages through or in designated high risk waters, and provides additional counter-piracy guidance and mandatory measures for these vessels operating in these areas where acts of piracy and armed robbery against ships are prevalent. MARSEC Directive 104-6 (Rev 5) also includes an annex that provides specific direction for vessels operating around the Horn of Africa. MARSEC Directives are designated Sensitive Security Information (SSI) and are not subject to public release.

The Federal Radiological Preparedness Coordinating Committee (FRPCC) is holding a public meeting on January 20, 2011 in Arlington, VA.

This notice amends the notice of a major disaster declaration for the State of New Mexico (FEMA-1936-DR), dated September 13, 2010, and related determinations.

The Coast Guard is removing a security zone on the navigable waters of San Diego Bay, San Diego, CA. The existing zone is around the former Fleet Industrial Supply Center Pier. The pier is no longer owned by the U.S. Navy and the existing security zone is no longer necessary to provide for the security of the U.S. Naval vessels, their crews, and the public from sabotage or other subversive acts, accidents, criminal actions, or other causes of a similar nature.

The Coast Guard proposes to amend special local regulations and to establish permanent safety zones in the Coast Guard Northern New England Captain of the Port Zone for annual recurring marine events. When these special local regulations or safety zones are activated, and thus subject to enforcement, this rule would restrict vessels from portions of water areas during annual events listed in TABLES 1 and 2 that pose a hazard to public safety. The revised special local regulations and safety zones are proposed to reduce administrative overhead, expedite public notification of events, and to ensure the protection of the maritime public and event participants from the hazards associated with firework displays, boat races, and other marine events.

The Coast Guard proposes to temporarily change the enforcement periods of special local regulations for recurring marine events in the Fifth Coast Guard District. These regulations apply to four recurring marine events that conduct a rescue at sea demonstration, an air show, a swimming competition, and power boat races. Special local regulations are necessary to provide for the safety of life on navigable waters during these events. This action is intended to restrict vessel traffic in a portion of the Severn River at Annapolis, MD, the Chester River near Chestertown, MD, and Prospect Bay at Kent Island, MD during the events.

The Coast Guard proposes to establish a special local regulation to enable vessel movement restrictions within the navigation channel and an area extending north of the channel in Budd Inlet, WA during the annual Olympia Harbor Days tug boat races. This action is necessary to restrict vessel movement within the specified race area immediately prior to, during, and immediately after racing activity in order to ensure the safety of participants, spectators and the maritime public. Entry into, transit through, mooring or anchoring within the specified race area is prohibited unless authorized by the Captain of the Port, Puget Sound or Designated Representatives.

The Coast Guard proposes to establish special local regulations during the ``Potomac River Sharkfest Swim'' amateur swim, a marine event to be held on the waters of the Potomac River on May 22, 2011. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to temporarily restrict vessel traffic in a portion of the Potomac River during the event.

The Coast Guard has set the calendar year 2011 minimum random drug testing rate at 50 percent of covered crewmembers.

The Commander, Fifth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the S.R. 74 Bridge, across the Atlantic Intracoastal Waterway, mile 283.1, at Wrightsville Beach, NC. The deviation is necessary because participants in the 2011 Wrightsville Beach/Quintiles Marathon will be transiting across the bridge during the race. This deviation allows the bridge to remain in the closed position for two hours to accommodate the 2011 Wrightsville Beach/Quintiles Marathon.

The Coast Guard announces the availability of, and seeks comments on, the application for recertification submitted by the Prince William Sound Regional Citizen's Advisory Council (PWSRCAC) for March 1, 2011, through February 29, 2012. Under the Oil Terminal and Tanker Environmental Oversight Act of 1990, the Coast Guard may certify on an annual basis, an alternative voluntary advisory group in lieu of a Regional Citizens' Advisory Council for Prince William Sound, Alaska. This advisory group monitors the activities of terminal facilities and crude oil tankers under the Prince William Sound program established by the statute. The current certification for PWSRCAC will expire February 28, 2011.

This notice amends the notice of a major disaster declaration for the Commonwealth of Virginia (FEMA-1905-DR), dated April 27, 2010, and related 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).