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

Pursuant to the Department of Homeland Security's REAL ID regulations, States must be in full compliance with the REAL ID Act of 2005 by May 11, 2011. This final rule changes that date to January 15, 2013. This change will give States the time necessary to ensure that driver's licenses and identification cards issued by States meet the security requirements of the REAL ID Act.

The Coast Guard is establishing a temporary safety zone on the waters of the Delaware River while the Dredge Pullen conducts dredging operations at the Sunoco Marcus Hook docks in the vicinity of the Marcus Hook Range near Marcus Hook, PA. This action is necessary to maintain the 42 ft. berth draft in this portion of the Delaware River. The dredging action will facilitate commerce and safe navigation within the Port of Philadelphia, PA.

The Commander, Eleventh Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Tower Drawbridge across the Sacramento River, mile 59.0, at Sacramento, CA. The deviation is necessary to allow the community to participate in the Annual Cesar Chavez March. This deviation allows the bridge to remain in the closed-to-navigation position during the event.

The Commander, Fifth Coast Guard District, has issued a temporary deviation from the regulations governing the operation of the S71 Bridge across Shark River (South Channel), mile 0.8, at Belmar, NJ. The deviation is necessary to help lessen traffic congestion during the Saint Patrick's Day Parade. This deviation allows the drawbridge to be maintained in the closed position to vessels on March 6, 2011 from 9 a.m. to 3 p.m. and from 6 p.m. to 11:59 p.m.

The Department of Homeland Security is proposing to amend its regulations governing petitions filed on behalf of H-1B alien workers subject to annual numerical limitations or exempt from numerical limitations by virtue of having earned a U.S. master's or higher degree (also referred to as the ``65,000 cap'' and ``20,000 cap'' respectively, or the ``cap'' collectively). This rule proposes to require employers seeking to petition for H-1B workers subject to the cap to first file electronic registrations with U.S. Citizenship and Immigration Services (USCIS) during a designated registration period. Under this proposed rule, if USCIS anticipates that the H-1B cap will not be reached by the first day that H-1B petitions may be filed for a particular fiscal year, USCIS would notify all registered employers that they are eligible to file H-1B petitions on behalf of the beneficiaries named in the selected registrations. USCIS would continue to accept and select registrations until the H-1B cap is reached. On the other hand, if USCIS anticipates that the H-1B cap will be reached by the first day that H-1B petitions may be filed for a particular fiscal year, USCIS would close the registration before such date and randomly select a sufficient number of timely filed registrations to meet the applicable cap. USCIS proposes to allow only those petitioners whose registrations are randomly selected to file H-1B petitions for the cap-subject prospective worker named in the registration. USCIS would create a waitlist containing some or all of the remaining registrations, based on USCIS statistical estimates of how many more registrations may be needed to fill the caps should the initial pool of selected registrations fall short. USCIS would notify the employers of those registrations placed on the waitlist when and if they are eligible to file an H-1B petition. Employers whose registrations were neither randomly selected to file petitions nor placed on the waitlist would receive notification that they were not selected to file petitions in that fiscal year. USCIS anticipates that this new process will reduce administrative burdens and associated costs on employers who currently must spend significant time and resources compiling the petition and supporting documentation for each potential beneficiary without certainty that the statutory cap has not been reached. The proposed mandatory registration process also will alleviate administrative burdens on USCIS service centers that process H-1B petitions.

The Coast Guard will enforce the Navy Pier Southeast Safety Zone in Chicago Harbor on the evening of March 12, 2011. This action is necessary and intended to ensure safety of life on the navigable waters of the United States immediately prior to, during, and immediately after fireworks events. This rule will establish restrictions upon, and control movement of, vessels in a specified area immediately prior to, during, and immediately after fireworks events. During the enforcement period, no person or vessel may enter the safety zone without the permission of the Captain of the Port, Sector Lake Michigan.

The Coast Guard seeks applications for membership on the National Offshore Safety Advisory Committee. This Committee advises the Coast Guard on matters affecting the offshore industry.

The Coast Guard is establishing a drawbridge opening schedule for the Duluth Aerial Lift Bridge for vessels under 300 gross tons. Scheduled drawbridge openings will improve traffic congestion in the area and enhance safety for all modes of transportation.

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 Declaration of Unaccompanied Articles (CBP Form 255). This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13).