Department of Homeland Security October 2011 – Federal Register Recent Federal Regulation Documents
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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 proposed rule 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.
Privacy Act of 1974; Department of Homeland Security/United States Secret Service-004 Protection Information System of Records
In accordance with the Privacy Act of 1974, and as part of the Department of Homeland Security's biennial review of system of record notices, DHS/United States Secret Service proposes to update and reissue a current Department of Homeland Security system of records titled, ``Department of Homeland Security/United States Secret Service004 Protection Information System of Records.'' As a result of biennial review of this system, information has been updated within the categories of individuals covered in this system and categories of records in this system in order to further define and narrow categories. Routine Use I and J were merged for the purpose of narrowing scope and clarifying why information would be shared. The notification procedures were updated to clarify the reason for exemption and the method for access. Additionally, the Department of Homeland Security previously published a Final Rule in the Federal Register to exempt this system of records from certain provisions of the Privacy Act. The current updates to this system of records do not impact the nature of the exemptions claimed; the exemptions continue to apply to this update. This updated system will be included in the Department of Homeland Security's inventory of record systems.
Privacy Act of 1974; Department of Homeland Security/United States Secret Service-003 Non-Criminal Investigation Information System of Records
In accordance with the Privacy Act of 1974 and as part of the Department of Homeland Security's biennial review of system of record notices, the Department of Homeland Security proposes to update and reissue a current Department of Homeland Security system of records titled, ``Department of Homeland Security/United States Secret Service003 Non-Criminal Investigation Information System.'' As a result of biennial review of this system, records have been updated within the categories of individuals covered in this system and categories of records in this system in order to further define and narrow categories. One routine use was revised to further define the purposes of disclosure, and retention and disposal procedures were updated to reflect current retention practices. The notification procedures were updated to clarify the reason for exemption and the method for access. Additionally, the Department of Homeland Security previously published a Final Rule in the Federal Register to exempt this system of records from certain provisions of the Privacy Act. The current updates to this system of records do not impact the nature of the exemptions claimed; the exemptions continue to apply to this updated system. This updated system will be included in the Department of Homeland Security's inventory of record systems.
Privacy Act of 1974; Department of Homeland Security U.S. Coast Guard DHS/USCG-014 Military Pay and Personnel System of Records
In accordance with the Privacy Act of 1974, the Department of Homeland Security proposes to update and reissue an existing Department of Homeland Security system of records titled, ``Department of Homeland Security U.S. Coast Guard014 Military Pay and Personnel System of Records.'' This system of records allows the Department of Homeland Security U.S. Coast Guard to collect and maintain records regarding pay and personnel. As a result of a biennial review of this system, records have been updated in the categories of individuals, categories of records, purpose, and routine uses. This updated system will be included in the Department of Homeland Security's inventory of record systems.
Informal Entry Limit and Removal of a Formal Entry Requirement
This document proposes to amend provisions in Customs and Border Protection (CPB) regulations to increase the informal entry limit from $2,000 to $2,500. Section 662 of the Customs Modernization provisions of the North American Free Trade Agreement Implementation Act raised the statutory limit by which the Secretary of the Treasury is authorized to prescribe rules and regulations for the declaration and entry of, among other things, imported merchandise when the aggregate value of the shipment does not exceed an amount specified, but not greater than $2,500. The current limit of $2000 was established in 1998 and while that dollar amount has been unchanged, inflation over the intervening years has reduced the value of that amount in real terms. Consequently, CBP proposes to raise the current informal entry amount to its maximum statutory limit in response to inflation that has occurred and thereby to reduce the administrative burden on importers and other entry filers. Moreover, CBP proposes to remove the language requiring formal entry for certain articles, because with the elimination of absolute quotas under the Agreement on Textiles and Clothing, CBP no longer needs to require formal entries for these articles. This document also makes non-substantive editorial and nomenclature changes.
Opening of Boquillas Border Crossing and Update to the Class B Port of Entry Description
This notice of proposed rulemaking proposes to create a border crossing in Big Bend National Park to be called Boquillas. The Boquillas crossing would be situated between Presidio and Del Rio, Texas. U.S. Customs and Border Protection (CBP) and the National Park Service plan to partner on the construction of a joint use facility in Big Bend National Park where the border crossing would operate. This NPRM proposes to designate the Boquillas border crossing as a ``Customs station'' for customs purposes and a Class B port of entry for immigration purposes. This NPRM also proposes to update the description of a Class B port of entry to reflect current border crossing documentation requirements.
Agency Information Collection Activities: Prior Disclosure
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 Prior Disclosure. This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13).
Agency Information Collection Activities: Entry and Immediate Delivery Application
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 Entry and Immediate Delivery Application (Forms 3461 and 3461 ALT). This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13).
Collection of Information Under Review by Office of Management and Budget
In compliance with the Paperwork Reduction Act of 1995 the U.S. Coast Guard is forwarding an Information Collection Request (ICR), abstracted below, to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), requesting approval of a revision to the following collection of information: 1625-0006, Shipping Articles. Our ICR describes 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
In compliance with the Paperwork Reduction Act of 1995 the U.S. Coast Guard is forwarding Information Collection Requests (ICRs), abstracted below, to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), requesting approval of a revision to the following collections of information: 1625-0032, Vessel Inspection Related Forms and Reporting Requirements Under Title 46 U.S. Code.; 1625-0094, Ships Carrying Bulk Hazardous Liquids; and 1625-0096, Report of Oil or Hazardous Substance Discharge; and Report of Suspicious Maritime Activity. 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 Maritime Security Advisory Committee; Meeting
The National Maritime Security Advisory Committee (NMSAC) will meet via teleconference on November 15, 2011 to discuss the results of a working group tasked with reviewing the Draft Certain Dangerous Cargo (CDC) Security Strategy. This meeting will be open to the public.
Drawbridge Operation Regulation; Nanticoke, Seaford, DE
The Commander, Fifth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the SR 13 Bridge across the Nanticoke River, mile 39.6, at Seaford, DE. The deviation is necessary to accommodate the cleaning and painting of the bridge. This deviation allows the bridge to remain in the closed position throughout the month of November to facilitate the maintenance work.
Drawbridge Operation Regulations; Trent River, New Bern, NC
The Commander, Fifth Coast Guard District, has issued a temporary deviation from the regulations governing the operation of the US 70 (Alfred Cunningham) Bridge, at mile 0.0, over the Trent River, at New Bern, NC. The deviation restricts the operation of the draw span to facilitate the general maintenance of the Bridge.
Safety Zones; Fireworks Displays Within the Fifth Coast Guard District
The Coast Guard proposes to revise the list of permanent safety zones established for fireworks displays at various locations within the geographic boundary of the Fifth Coast Guard District. This action is necessary to protect the life and property of the maritime public from the hazards posed by fireworks displays. Entry into or movement within these proposed zones during the enforcement periods is prohibited without approval of the appropriate Captain of the Port.
Lower Mississippi River Waterway Safety Advisory Committee
The Lower Mississippi River Waterway Safety Advisory Committee (LMRWSAC) will hold its bi-annual meeting on December 6, 2011, in New Orleans, Louisiana. The meeting will be open to the public.
Agency Information Collection Activities: Submission for Review; Information Collection Request for the Department of Homeland Security (DHS), Science and Technology, Biodefense Knowledge Center (BKC)
The Department of Homeland Security (DHS), Science & Technology (S&T) Directorate invites the general public to comment on data collection forms for the Biodefense Knowledge Center (BKC) program. BKC is responsible for coordinating the collection of Life Sciences Subject Matter Experts (SMEs) information with the Office of the Director of National Intelligence (ODNI), which operates under the authority of the National Security act of 1947, as amended by the Intelligence Reform and Terrorism Prevention Act of 2004. These authorities charge the ODNI with responsibility to coordinate and rationalize the activities of the Intelligence Community components. The SME information is necessary to understand who can provide scientific expertise for peer review of life science programs. In addition, the directory makes it easier to identify scientific specialty areas for which there is a shortage of Subject Matter Experts (SMEs) with appropriate security clearances. The DHS invites interested persons to comment on the following form and instructions (hereinafter ``Forms Package'') for the S&T BKC: (1) Subject Matter Expert Registration Form (DHS FORM 10043 (2/08)). Interested persons may receive a copy of the Forms Package by contacting the DHS S&T PRA Coordinator. This notice and request for comments is required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).
Pennsylvania; Amendment No. 2 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the Commonwealth of Pennsylvania (FEMA-4030-DR), dated September 12, 2011, and related determinations.
Texas; Amendment No. 9 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Texas (FEMA-4029-DR), dated September 9, 2011, and related determinations.
New York; Amendment No. 8 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of New York (FEMA-4031-DR), dated September 13, 2011, and related determinations.
Safety Zone; Waverly Country Club Fireworks Display on the Willamette River, Portland, OR
The Coast Guard is establishing a safety zone on the Willamette River located at the Waverly Country Club for a private event in Portland, Oregon. The safety zone is necessary to help ensure the safety of the maritime public during the displays and will do so by prohibiting persons and vessels from entering the safety zones unless authorized by the Captain of the Port or his designated representatives.
CBP Audit Procedures; Use of Sampling Methods and Offsetting of Overpayments and Over-Declarations
This document amends the U.S. Customs and Border Protection (CBP) regulations by adding provisions for the use of sampling methods in CBP audits and prior disclosure cases and for the offsetting of overpayments and over-declarations when an audit involves a calculation of lost duties, taxes, or fees or monetary penalties under 19 U.S.C. 1592. The sampling provision may be used by both CBP and private parties in certain circumstances. The offsetting provision is in accordance with CBP's authority under 19 U.S.C. 1509(b)(6).
Iowa; Amendment No. 3 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Iowa (FEMA-1998-DR), dated June 27, 2011, and related determinations.
Pennsylvania; Amendment No. 1 to Notice of an Emergency Declaration
This notice amends the notice of an emergency declaration for the Commonwealth of Pennsylvania (FEMA-3340-EM), dated September 8, 2011, and related determinations.
Pennsylvania; Amendment No. 3 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the Commonwealth of Pennsylvania (FEMA-4030-DR), dated September 12, 2011, and related determinations.
Pennsylvania; Amendment No. 4 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the Commonwealth of Pennsylvania (FEMA-4030-DR), dated September 12, 2011, and related determinations.
Extension of Agency Information Collection Activity Under OMB Review: Employment Standards
This notice announces that the Transportation Security Administration (TSA) has forwarded the Information Collection Request (ICR), Office of Management and Budget (OMB) control number 1652-0006, 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 August 10, 2011, 76 FR 49503. The collection involves the requirement for airport and aircraft operators to maintain records of compliance with certain provisions of 49 CFR parts 1542 and 1544 related to employment standards. The collection also requires airport operators to comply with a security directive by maintaining records for those employees with unescorted access privileges to secured areas, security identification display areas, sterile areas, and air operations areas of the airport.
Customs Brokers User Fee Payment for 2012
This document provides notice to customs brokers that the annual fee of $138 that is assessed for each permit held by a broker, whether it may be an individual, partnership, association, or corporation, is due by January 20, 2012. U.S. Customs and Border Protection announces this date of payment for 2012 in accordance with the Tax Reform Act of 1986.
Revocation of Customs Broker Licenses
Pursuant to section 641 of the Tariff Act of 1930, as amended, (19 U.S.C. 1641) and the U.S. Customs and Border Protection regulations (19 CFR 111.51(b)), the following Customs broker licenses and all associated permits are revoked with prejudice.
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 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 at various times from October 31, 2011 until November 8, 2011. This action is necessary to protect the waterways, waterway users, and vessels from hazards associated with the U.S. Army Corps of Engineers' dispersal barrier maintenance operations. 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 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 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 at various times from November 10, 2011 until November 11, 2011. This action is necessary to protect the waterways, waterway users, and vessels from hazards associated with the U.S. Army Corps of Engineers' simultaneous operation of dispersal barriers IIA and IIB. 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.
United States-OMAN Free Trade Agreement
This document adopts as a final rule, without change, interim amendments to the Customs and Border Protection (``CBP'') regulations which were published in the Federal Register on January 6, 2011, as CBP Dec. 11-01 to implement the preferential tariff treatment and other customs-related provisions of the United StatesOman Free Trade Agreement entered into by the United States and the Sultanate of Oman.
Safety Zone; 2011 Head of the South Regatta, Savannah River, Augusta, GA
The Coast Guard is establishing a temporary safety zone on the waters of the Savannah River in Augusta, Georgia during the 2011 Head of the South Regatta, which will consist of a series of rowing races. The 2011 Head of the South Regatta is scheduled to take place on Friday, November 11, 2011 and Saturday, November 12, 2011. The temporary safety zone is necessary for the safety of race participants, participant vessels, spectators, and the general public during the event. Persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port Savannah or a designated representative.
Safety Zone; The Florida Orchestra Pops in the Park Fireworks Display, Tampa Bay, St. Petersburg, FL
The Coast Guard is establishing a temporary safety zone on the waters of Tampa Bay in the vicinity of Spa Beach in St. Petersburg, Florida during The Florida Orchestra Pops in the Park Fireworks Display on Saturday, October 22, 2011. The safety zone is necessary to protect the public from the hazards associated with launching fireworks over navigable waters of the United States. Persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port St. Petersburg or a designated representative.
Regulated Navigation Area; Chelsea Street Bridge Construction, Chelsea, MA
The Coast Guard is clarifying that the public comment period on its July 19, 2011, temporary interim rule remains open for the duration of the rule's effective period. The rule established a Regulated Navigation Area (RNA) on the navigable waters of the Chelsea River under and surrounding the Chelsea Street Bridge (CSB) that crosses the Chelsea River between East Boston and Chelsea, Massachusetts.
Drawbridge Operation Regulation; Passaic River, Harrison, NJ
The Coast Guard has changed the drawbridge operation regulations that govern the operation of the Amtrak's Dock Bridge across the Passaic River, mile 5.0, at Harrison, New Jersey. The owner of the bridge has requested relief from crewing the bridge at all times because the bridge has received few requests to open during past years. It is expected that an advance notice requirement for bridge openings will provide relief to the bridge owner while continuing to meet the reasonable needs of navigation.
Agency Information Collection Activities: Small Vessel Reporting System
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 Small Vessel Reporting System (SVRS). This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13).
U.S. Customs and Border Protection
Pursuant to section 641 of the Tariff Act of 1930, as amended, (19 U.S.C. 1641) and the U.S. Customs and Border Protection regulations (19 CFR 111.51), the following Customs broker licenses and all associated permits are cancelled without prejudice.
Drawbridge Operation Regulation; Islais Creek, San Francisco, CA
The Commander, Eleventh Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Third Street Drawbridge across Islais Creek, mile 0.4, at San Francisco, CA. The deviation is necessary to allow the City of San Francisco to make emergency electrical repairs on the bridge. This deviation allows the bridge to be secured in the closed-to-navigation position during the deviation period.
Drawbridge Operation Regulation; Bear Creek, Sparrows Point, MD
The Coast Guard is canceling a portion of an existing drawbridge operation regulation. The Baltimore County Revenue Authority (Dundalk Avenue) highway toll drawbridge across Bear Creek, mile 1.5, Sparrows Point, MD was replaced with a fixed bridge in 1998. Therefore, that portion of the operating regulation, as it pertains to the Dundalk Avenue highway toll drawbridge, is no longer applicable or necessary.
Commercial Fishing Safety Advisory Committee; Meeting
The Commercial Fishing Safety Advisory Committee (CFSAC) will meet in Seattle, Washington to discuss various issues relating to safety in the commercial fishing industry. This meeting will be open to the public.
Quarterly IRS Interest Rates Used in Calculating Interest on Overdue Accounts and Refunds on Customs Duties
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 October 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 for both corporations and non-corporations. This notice is published for the convenience of the importing public and Customs and Border Protection personnel.
New Jersey; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the State of New Jersey (FEMA-4033-DR), dated September 15, 2011, and related determinations.
Delaware; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the State of Delaware (FEMA-4037-DR), dated September 30, 2011, and related determinations.
District of Columbia; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the District of Columbia (FEMA-4036-DR), dated September 28, 2011, and related determinations.
Agency Information Collection Activities: Submission for OMB Review; Comment Request, Standard Flood Hazard Determination Form
The Federal Emergency Management Agency (FEMA) will submit 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 will describe 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.
Puerto Rico; Amendment No. 5 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the Commonwealth of Puerto Rico (FEMA-4017-DR), dated August 27, 2011, and related determinations.
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