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

The Coast Guard is establishing a temporary safety zone for all waters of the Upper Mississippi River, from Mile 389.4 to 403.1, extending the entire width of the river located on the Iowa and Illinois border. This safety zone is needed to protect bridge span movement operations on the Upper Mississippi River. Entry into this zone is prohibited unless specifically authorized by the Captain of the Port Upper Mississippi River or a designated representative.

By this direct final rule, the Coast Guard is revising regulations for the inspection and certification of seagoing barges to align with the language of the applicable statutes. The statutory language exempts certain seagoing barges from inspection. Through this rule, we seek to make the language of the regulation consistent with the language of the statute.

The Coast Guard seeks applications for membership on the Merchant Mariner Medical Advisory Committee. This Committee provides advice to the Coast Guard on matters related to medical certification determinations for issuance of merchant mariner credentials; medical standards and guidelines for the physical qualifications of operators of commercial vessels; medical examiner education; and medical research.

The Coast Guard is establishing an alternate size threshold based on the measurement system established under the International Convention on Tonnage Measurement of Ships, 1969, for Oil Spill Response Vessels (OSRVs), which are properly certificated under 46 CFR subchapter L. The present size threshold of 500 gross registered tons is based on the U.S. regulatory measurement system. This rule provides an alternative for owners and operators of offshore supply vessels (OSVs) that may result in an increase in oil spill response capacity and capability.

The Coast Guard is establishing both a safety zone and a Regulated Navigation Area on the Chicago Sanitary and Ship Canal near Romeoville, IL. This final rule places navigational, environmental, and operational restrictions on all vessels transiting the navigable waters located adjacent to and over the U.S. Army Corps of Engineers' electrical dispersal fish barrier system.

In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an Information Collection Request (ICR) 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: 1625-0010, Defect/ Noncompliance Report and Campaign Update Report. Our ICR describes the information we seek to collect from the public. Before submitting this ICR to OIRA, the Coast Guard is inviting comments as described below.

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 NAFTA Regulations and Certificate of Origin. This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13).

The United States and Canada are staunch allies, vital economic partners, neighbors, and steadfast friends. We share common values, communities, and deep links among our citizens. The extensive mobility of people, goods, capital, and information between our two countries has helped ensure that our societies remain open, democratic, prosperous, and secure. On February 4, 2011, President Barack Obama and Canadian Prime Minister Stephen Harper announced Beyond the Border: A Shared Vision for Perimeter Security and Economic Competitiveness. This declaration describes a perimeter approach to security in which the United States and Canada share responsibility for the security and resilience of our nations. Our countries will seek to jointly address threats at the earliest point possible, while working together to facilitate the flows of legitimate travel and trade. Beyond the Border identifies four key areas of cooperation: Addressing Threats Early; Trade Facilitation, Economic Growth, and Jobs; Integrated Cross-Border Law Enforcement; and Critical Infrastructure and Cybersecurity. Progress in these areas will be underpinned by a respect for the sovereignty, civil rights and civil liberties, privacy protections, and legal frameworks of both countries. On December 7, 2011, President Barack Obama and Prime Minister Harper announced the Beyond the Border Action Plan, which describes specific initiatives our countries intend to undertake to achieve Beyond the Border's goals of perimeter security and economic competitiveness. With this notice, the United States Department of Homeland Security (DHS), on behalf of the Administration, is seeking public input on the Beyond the Border Action Plan.

The U.S. Coast Guard is reopening the comment period to further its outreach efforts and solicit additional comments concerning its Port Access Route Study being conducted along the Atlantic Coast from Maine to Florida.

The Coast Guard proposes to revise the drawbridge opening schedule for the Lake State Railway Bridge at mile 3.10, the Independence Bridge at mile 3.88, the Central Michigan Railroad Bridge at mile 4.94, the Liberty Street Bridge at mile 4.99, the Veterans Memorial Bridge at mile 5.60, and the Lafayette Street Bridge at mile 6.78, all over the Saginaw River at Bay City, MI. The current regulation is confusing, outdated, and unnecessarily restrictive for both commercial and recreational vessels. The proposed regulation will simplify the regulatory language, increase access through the drawbridges for all vessels, and provide for the reasonable needs of all traffic.

In the Federal Register published on December 2, 2011, the Coast Guard placed the Notice of Proposed Rulemaking, Gulf Intracoastal Waterway (Algiers Alternate Route), Belle Chasse, LA. That publication contained an error in the ``Discussion of Proposed Rule'' section stating an incorrect date of the Test Deviation issued in conjunction with the Notice of Proposed Rulemaking. The Test Deviation is scheduled to commence on December 15, 2011 vice the December 19, 2011 date published in the Notice of Proposed Rulemaking. The Notice of Proposed Rulemaking should reflect the correct date of December 15, 2011. This error does not impact the Test Deviation.

The Coast Guard seeks applications for membership on the Merchant Marine Personnel Advisory Committee (MERPAC). This Committee advises the Secretary of the Department of Homeland Security on matters related to personnel in the U.S. merchant marine, including but not limited to training, qualifications, certification, documentation, and fitness standards.

The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Union Pacific Railroad Swing Span Bridge across the Old Brazos River, mile 4.4, at Freeport, Brazoria County, Texas. This deviation allows the bridge to remain closed to navigation for four days to replace lift cables.

The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Amtrak Pelham Bay Railroad Bridge at mile 0.5, across the Hutchinson River at the Bronx, New York. The deviation is necessary to facilitate scheduled maintenance at the bridge, pinion shaft bushing replacement. This deviation allows the bridge to remain in the closed position for four days.

The Coast Guard is establishing three special anchorage areas in Wells Harbor, Wells, Maine. This action is necessary to facilitate safe navigation in that area and provide safe and secure anchorages for vessels not more than 20 meters in length. This action is intended to increase the safety of life and property in Wells Harbor, improve the safety of anchored vessels, and provide for the overall safe and efficient flow of vessel traffic and commerce.

This is a notice of the Presidential declaration of a major disaster for the State of Connecticut (FEMA-406-DR), dated November 17, 2011, 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).

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).

This is a notice of the Presidential declaration of a major disaster for the State of New Mexico (FEMA-4047-DR), dated November 23, 2011, and related 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.

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 Owner and Declaration of Consignee When Entry is made by an Agent (Forms 3347 and 3347A). This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13).

This document announces the completion of the Broker Self- Assessment (BSA) Outreach Pilot (BSA Pilot), a voluntary partnership with the customs brokerage community, which began in July 2009. CBP has decided to end the BSA pilot without a plan to proceed with another Importer Self-Assessment type model. CBP and the National Customs Brokers and Forwarders Association of America (NCBFAA) have agreed to pursue other avenues to collaborate pertaining to trade modernization efforts.

The Coast Guard proposes to change the regulation governing the operation of the SR 23 bridge across the Gulf Intracoastal Waterway (Algiers Alternate Route), mile 3.8, at Belle Chasse, Plaquemines Parish, Louisiana. Due to increased vehicular traffic, the State of Louisiana requested a change to the operation schedule, allowing the bridge to open only on the hour during the day from Monday through Friday, while maintaining morning and afternoon maritime restrictions.

This final rule amends the U.S. Customs and Border Protection (CBP) regulations to reflect the imposition of import restrictions on certain archaeological and ethnological material from the Hellenic Republic (Greece). These restrictions are being imposed pursuant to an agreement between the United States and Greece that has been entered into under the authority of the Convention on Cultural Property Implementation Act in accordance with 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. The final rule amends CBP regulations by adding Greece to the list of countries for which a bilateral agreement has been entered into for imposing cultural property import restrictions. The final rule also contains the designated list that describes the types of archaeological and ethnological articles to which the restrictions apply.