Department of Homeland Security March 2011 – Federal Register Recent Federal Regulation Documents
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Protection for Whistleblowers in the Coast Guard
On December 21, 2010, the Coast Guard published a direct final rule that notified the public of the Coast Guard's intent to amend its ``Coast Guard Whistleblower Protection'' regulations to conform to statutory protections for all members of the Armed Forces. We have not received an adverse comment, or notice of intent to submit an adverse comment, on this rule. Therefore, the rule will go into effect as scheduled.
Security Zone: Passenger Vessels, Sector Southeastern New England Captain of the Port Zone
The Coast Guard is extending the effective period for temporary fixed and moving security zones around certain passenger vessels in the Sector Southeastern New England Captain of the Port Zone through October 1, 2011. Temporary section 33 CFR 165.T01-0864, which established these temporary security zones, was set to expire on April 1, 2011. Extending the effective period for these security zones provides continued and uninterrupted protection of passengers, vessels, and the public from destruction, loss, or injury from sabotage, subversive acts, or other malicious acts of a similar nature.
Infrastructure Protection Data Call
The Department of Homeland Security (DHS), National Protection and Programs Directorate (NPPD), Office of Infrastructure Protection (IP), will submit the following Information Collection Request 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).
Protected Critical Infrastructure Information (PCII) Stakeholder Survey
The Department of Homeland Security (DHS), National Protection and Programs Directorate (NPPD), Office of Infrastructure Protection (IP) will submit the following Information Collection Request 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).
Infrastructure Protection Data Call Survey
The Department of Homeland Security (DHS), National Protection and Programs Directorate (NPPD), Office of Infrastructure Protection (IP), will submit 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).
Drawbridge Operation Regulations; Rainy River, Ranier, MN
The Coast Guard is establishing a drawbridge regulation for the Canadian National Railway Bridge across the Rainy River at Mile 85.0 at Rainer, Minnesota. This rule addresses the request by the bridge owner to remotely operate the drawbridge and establishes seasonal dates of operation.
Drawbridge Operation Regulation; Mermentau River, Grand Chenier, LA
The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the SR 82 swing span bridge across the Mermentau River, mile 7.1, at Grand Chenier, Cameron Parish, Louisiana. This deviation is necessary for physical and mechanical repairs pertaining to the bridge's main span and components. This deviation allows the bridge to remain closed to navigation for approximately 5 consecutive days, sometime within a nineteen day period.
Inflatable Personal Flotation Devices
By this direct final rule, the Coast Guard is harmonizing structural and performance standards for inflatable recreational personal flotation devices (PFDs) with current voluntary industry consensus standards. This direct final rule also slightly modifies regulatory text in anticipation of a future rulemaking addressing the population for which inflatable recreational PFDs are approved, but does not change the current affected population.
Special Local Regulations and Safety Zones; Recurring Events in Northern New England
The Coast Guard is amending special local regulations and establishing permanent safety zones in the Coast Guard Northern New England Captain of the Port (COTP) Zone for annual recurring marine events. When these special local regulations or safety zones are activated, and thus subject to enforcement, this rule restricts vessels from portions of water areas during annual events in the Northern New England COTP Zone. The revised special local regulations and safety zones reduce administrative overhead, expedite public notification of events, and ensure the protection of the maritime public and event participants from the hazards associated with firework displays, boat races, and other marine events.
President's National Security Telecommunications Advisory Committee
The President's National Security Telecommunications Advisory Committee (NSTAC) will meet on Tuesday, April 19, 2011, via a conference call. The meeting will be open to the public.
Agency Information Collection Activities: Entry of Articles for Exhibition
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: Entry of Articles for Exhibition (19 CFR 147.11(c)). This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with a 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 (76 FR 4929) on January 27, 2011, allowing for a 60- day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10.
Agency Information Collection Activities: Application for Waiver of Passport and/or Visa (Form I-193)
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 Application for Waiver of Passport and/or Visa (Form I-193). This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13).
Special Local Regulation; Hydroplane Races Within the Captain of the Port Puget Sound Area of Responsibility
The Coast Guard is establishing a special local regulation to restrict vessel movement in designated permanent hydroplane race areas in Dyes Inlet, Lake Washington and Lake Sammamish, WA during permitted hydroplane race events. When this special local regulation is activated, and thus subject to enforcement, this rule will limit the movement of non-participating vessels within the regulated race areas immediately prior to, during and immediately following the conclusion of permitted hydroplane marine events. This rule is needed to provide effective control over these events while ensuring the safety of the maritime public.
National Fire Academy Board of Visitors
The National Fire Academy Board of Visitors will meet on April 6-7, 2011. The meeting will be open to the public.
Agency Information Collection Activities: Business Transformation-Automated Integrated Operating Environment (IOE), New Information Collection; Comment Request
USCIS is developing an automated Integrated Operating Environment (IOE) to process benefit applications. The IOE will collect information by asking sequential questions using ``wizard'' technology. The IOE will allow immigration benefit requests to be filed directly via the internet or ``e-filed.'' In accordance with the Paperwork Reduction Act of 1995 (PRA) this notice provides the general public and Federal agencies with notice that USCIS will be submitting this information collection request to OMB and the public will have an opportunity to review and comment.
Advisory Committee on Commercial Operations of Customs and Border Protection (COAC)
The Advisory Committee on Commercial Operations of Customs and Border Protection (COAC) will meet on April 12, 2011 in Washington, DC. The meeting will be open to the public.
Intent To Request Renewal From OMB of One Current Public Collection of Information: TSA Claims Management Program
The Transportation Security Administration (TSA) invites public comment on one currently approved Information Collection Request (ICR), Office of Management and Budget (OMB) control number 1652-0039, abstracted below that we will submit to OMB for renewal in compliance with the Paperwork Reduction Act (PRA). The ICR describes the nature of the information collection and its expected burden. The collection involves the submission of information from claimants in order to thoroughly examine and resolve tort claims against the agency.
Proposed Flood Elevation Determinations
On November 24, 2008, FEMA published in the Federal Register a proposed rule that contained an erroneous table. This notice provides corrections to that table, to be used in lieu of the information published at 73 FR 70944. The table provided here represents the flooding sources, location of referenced elevations, effective and modified elevations, and communities affected for White County, Arkansas, and Incorporated Areas. Specifically, it addresses the following flooding sources: Deener Creek, Gum Creek Flooding Effects, Little Red River, Overflow Creek Tributary, Red Cut Slough, Red Cut Slough Tributary, Red Cut Slough Tributary 2, and Red Cut Slough Tributary A.
Drawbridge Operation Regulation; Raritan River, Arthur Kill and Their Tributaries, Staten Island, NY and Elizabeth, NJ
The Coast Guard proposes to change the drawbridge operation regulations governing the operation of the Arthur Kill (AK) Railroad Bridge at mile 11.6, across Arthur Kill between Staten Island, New York and Elizabeth, New Jersey. This proposed rule would provide relief to the bridge owner from crewing their bridge by allowing the bridge to be operated from a remote location while continuing to meet the present and future needs of navigation.
Passenger Weight and Inspected Vessel Stability Requirements; Correction
The Coast Guard is correcting a final rule that appeared in the Federal Register on December 14, 2010. That rule amended Coast Guard regulations governing the maximum weight and number of passengers that may safely be permitted on board a vessel and other stability regulations, including increasing the Assumed Average Weight per Person (AAWPP) to 185 lb. The rule also improved and updated intact stability and subdivision and damage stability regulations.
Utah; Amendment No. 1 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Utah (FEMA-1955-DR), dated February 11, 2011, and related determinations.
Country of Origin of Textile and Apparel Products; Correction
Customs and Border Protection (CBP) published in the Federal Register of March 17, 2011, a document which adopted as a final rule, with some changes, interim amendments to the CBP regulations to revise, update, and consolidate the regulatory provisions relating to the country of origin of textile and apparel products. The final rule document contained two errors in the Background portion of the document. The first error concerns an inadvertent reference to imported ``antique Persian carpets'' in an example prepared by CBP. Because carpets of Iranian-origin are currently prohibited from importation into the United States, the example should not have referenced Persian antique carpets. The example is changed to reflect a non-prohibited articlea Turkish antique carpet. The second error consists of an outdated Internet address that was provided by CBP relating to certain instructions for the completion of CBP Form 7501. This document corrects these two errors.
Merchant Marine Personnel Advisory Committee
The Secretary of Homeland Security has determined that the establishment of the Merchant Marine Personnel Advisory Committee (MERPAC) is necessary and in the public interest in connection with the performance of duties of the U. S. Coast Guard. Name of Committee: Merchant Marine Personnel Advisory Committee.
Drawbridge Operation Regulation; Cerritos Channel, Long Beach, CA
The Commander, Eleventh Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Commodore Schuyler F. Heim Drawbridge across Cerritos Channel, mile 4.9, at Long Beach, CA. The deviation is necessary to allow the California Department of Transportation to perform critical repair and replacement of electrical components for drawspan operation.
Drawbridge Operation Regulation; Pocomoke River, Snow Hill, MD
The Commander, Fifth Coast Guard District, has issued a temporary deviation from the regulations governing the operation of the S12 Bridge across Pocomoke River, mile 29.9, at Snow Hill, MD. The deviation restricts the operation of the draw span to facilitate the cleaning and painting of the bridge.
Drawbridge Operation Regulation; Buffalo Bayou, Mile 4.3, Houston, Harris County, TX
The Coast Guard is removing the existing drawbridge operation regulation for the drawbridge across Buffalo Bayou, mile 4.3, Houston, Harris County, Texas. The bridge was replaced with a fixed bridge in 1991 and the operating regulation is no longer applicable or necessary.
Clarification of Countries and Geographic Areas Eligible for Participation in the Guam-Commonwealth of the Northern Mariana Islands Visa Waiver Program
This interim final rule amends Department of Homeland Security regulations to clarify that individuals holding British National (Overseas) (BN(O)) passports as a result of their connection to the Hong Kong Special Administrative Region (Hong Kong) are eligible for participation in the Guam-Commonwealth of the Northern Mariana Islands (CNMI) Visa Waiver Program. The Guam-CNMI Visa Waiver Program allows certain nonimmigrant aliens to enter Guam and/or the CNMI as nonimmigrant visitors for business or pleasure without a visa for a period of authorized stay not to exceed forty-five days. This interim final rule provides that beginning May 23, 2011, individuals holding BN(O) passports as a result of their connection to Hong Kong and traveling to Guam and/or the CNMI under the Guam-CNMI Visa Waiver Program on such BN(O) passport must present it and a Hong Kong identification card.
Agency Information Collection Activities: Record of Vessel Foreign Repair or Equipment Purchase
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: Record of Vessel Foreign Repair or Equipment Purchase (CBP Form 226). This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with a 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 (76 FR 3151) on January 19, 2011, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10.
Special Local Regulations for Marine Events; Chester River, Chestertown, MD
The Coast Guard proposes to establish special local regulations during the reenactment portion of the ``Chestertown Tea Party Festival'', a marine event to be held on the waters of the Chester River, Chestertown, Maryland. 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 Chester River during the event.
Special Local Regulations for Marine Events; Potomac River, Charles County, MD
The Coast Guard is establishing special local regulations during the ``Potomac River Sharkfest Swim'' amateur swim, a marine event to be held on the waters of the Potomac River. 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.
Security Zones; Cruise Ships, Port of San Diego, CA
The Coast Guard is amending its regulations for Security Zones; Cruise Ships, Port of San Diego, California, by providing a common description of all security zones created by this section to encompass only navigable waters within a 100 yard radius around any cruise ship that is located within the San Diego port area landward of the sea buoys bounding the Port of San Diego. This final rule removes a reference to shore area that is no longer 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 a COTP designated representative.
Information Collection Request to Office of Management and Budget
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 an extension of its approval for the following collections of information: 1625-0020, Security Zones, Regulated Navigation Areas and Safety Zones, 1625-0022, Application for Tonnage Measurement of Vessels, 1625-0029, Self- propelled Liquefied Gas Vessels, and l625-0031, Plan Approval and Records for Electrical Engineering RegulationsTitle 46 CFR Subchapter J. 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.
Anchorage Regulations; Narragansett Bay and Rhode Island Sound, RI
The Coast Guard proposes to remove an obsolete Naval explosives anchorage in Narragansett Bay, Rhode Island, and to add an offshore anchorage in Rhode Island Sound south of Brenton Point, Rhode Island, for use by vessels waiting to enter Narragansett Bay.
Drawbridge Operation Regulations; Annisquam River and Blynman Canal, Gloucester, MA
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the SR127 Bridge at mile 0.0 across the Annisquam River and Blynman Canal. The deviation is necessary to facilitate a public event, the Yucan One- Mile Road Race, which will cross the SR127 Bridge. This deviation allows the bridge to remain in the closed position during the deviation period.
Drawbridge Operation Regulations; Bass River, Beverly, MA
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Hall Whitaker Bridge at mile 0.6 across the Bass River at Beverly, Massachusetts. The deviation is necessary to facilitate structural repairs. This deviation allows the bridge to remain in the closed position during the deviation period.
Drawbridge Operation Regulation; Townsend Inlet, Avalon, NJ
The Commander, Fifth Coast Guard District, has issued a temporary deviation from the regulations governing the operation of the Townsends Inlet Bridge across, mile 0.3, at Avalon, NJ. The deviation is necessary to facilitate the cleaning and painting of the structure. This deviation allows the bridge to remain in the closed position for the deviation period.
Safety Zone; 2011 Hylebos Bridge Restoration, Hylebos Waterway, Tacoma, WA
The U.S. Coast Guard is proposing to establish a temporary safety zone extending 50 yards to the north and south of the Hylebos Bridge, Tacoma, WA in both directions along the entire length of the Hylebos Bridge to ensure the safety of the boating public during the Hylebos Bridge restoration project. This safety zone is necessary to protect vessels transiting in the vicinity of the Hylebos Bridge from falling debris resulting from concrete removal performed as part of the bridge restoration.
Country of Origin of Textile and Apparel Products
This document adopts as a final rule, with some changes, interim amendments to title 19 of the Code of Federal Regulations (``CFR'') to revise, update, and consolidate the Customs and Border Protection (``CBP'') regulations relating to the country of origin of textile and apparel products. The regulatory amendments adopted as a final rule in this document reflect changes brought about, in part, by the expiration on January 1, 2005, of the Agreement on Textiles and Clothing (``ATC'') and the resulting elimination of quotas on the entry of textile and apparel products from World Trade Organization (``WTO'') members. The primary regulatory change consists of the elimination of the requirement that a textile declaration be submitted for all importations of textile and apparel products. In addition, to improve the quality of reporting of the identity of the manufacturer of imported textile and apparel products, this document adopts as a final rule an amendment requiring importers to identify the manufacturer of such products through a manufacturer identification code (``MID'').
Prevailing Wage Rates for Construction Occupations on Guam for Purposes of the H-2B Temporary Worker Program
U.S. Citizenship and Immigration Services (USCIS) is requesting comments from the public on the system that the Governor of Guam is using to determine prevailing wage rates for construction occupations on Guam. In addition, USCIS is posting the most recent prevailing wage rates that have been proposed by the Governor of Guam based on the system described in this notice. Based on its own analysis and input from the public, USCIS will determine whether the prevailing wage rates suggested by the Governor of Guam are reasonable and whether USCIS should require a new system to be used by the Governor of Guam in determining the prevailing wage rates.
Communications Unit Leader Prerequisite and Evaluation
The Department of Homeland Security (DHS), National Protection and Programs Directorate (NPPD), Cybersecurity and Communications (CS&C), Office of Emergency Communications (OEC) will submit the following information collection request 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). DHS is soliciting comments concerning New Information Collection Request, Communications Unit Leader (COML) Prerequisite and Evaluation. DHS previously published this information collection request in the Federal Register on February 3, 2010, at 75 FR 5608-5609, for a 60-day public comment period. DHS received no comments. The purpose of this notice is to allow an additional 30 days for public comments.
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