Department of Homeland Security January 2012 – Federal Register Recent Federal Regulation Documents
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Extension of Agency Information Collection Activity Under OMB Review: Flight Training for Aliens and Other Designated Individuals; Security Awareness Training for Flight School Employees
This notice announces that the Transportation Security Administration (TSA) has forwarded the Information Collection Request (ICR), Office of Management and Budget (OMB) control number 1652-0021, abstracted below to OMB for review and approval of an extension of the currently approved collection under the Paperwork Reduction Act (PRA). TSA published a Federal Register notice, with a 60-day comment period soliciting comments, of the following collection of information on September 21, 2011 (76 FR 58531). The ICR describes the nature of the information collection and its expected burden. The collection involves collecting information for background checks for all aliens and other designated individuals seeking flight instruction (``candidates'') from Federal Aviation Administration (FAA)-certificated flight training providers. Through the information collected, TSA will determine whether a candidate is a threat to aviation or national security, and thus prohibited from receiving flight training. Additionally, flight training providers are required to conduct a security awareness program for their employees and contract employees and to maintain records associated with this training.
Public Availability of DHS Fiscal Year 2011 Service Contract Inventory
In accordance with Section 743 of Division C of the Consolidated Appropriations Act of 2010 (Pub. L. 111-117), the Department of Homeland Security (DHS) is publishing this notice to advise the public of the availability of the FY 2011 Service Contract inventory. This inventory provides information on service contract actions over $25,000 that were made in FY 2011. The information is organized by function to show how contracted resources are distributed throughout the agency. The inventory has been developed in accordance with guidance issued on November 5, 2010 by the Office of Management and Budget's Office of Federal Procurement Policy (OFPP). On December 19, 2011, OFPP submitted additional guidance available at https:// www.whitehouse.gov/sites/default/files/omb/procurement/memo/s ervice- contract-inventory-guidance.pdf. Except for minor changes to reporting deadlines, the guidance for preparing and analyzing FY 2011 inventories is essentially unchanged from OFFP's November 5, 2010 guidance for preparing the FY 2010 inventory. DHS has posted its FY 2011 inventory for public review at: https://www.dhs.gov/ xopnbiz/regulations/editorial_0504.shtm under ``Acquisition Reports and Notices.''
Western Hemisphere Travel Initiative: Designation of an Approved Native American Tribal Card Issued by the Kootenai Tribe of Idaho as an Acceptable Document To Denote Identity and Citizenship
This notice announces that the Commissioner of U.S. Customs and Border Protection (CBP) is designating an approved Native American Tribal Card issued by the Kootenai Tribe of Idaho (Kootenai Tribe) to U.S. and Canadian citizens as an acceptable travel document for purposes of the Western Hemisphere Travel Initiative. The approved card may be used to denote identity and citizenship of Kootenai Tribe members entering the United States from contiguous territory or adjacent islands at land and sea ports of entry.
Maritime Security Directive 104-6 (Rev 6); Guidelines for U.S. Vessels Operating in High Risk Waters
The Coast Guard announces the release of Maritime Security (MARSEC) Directive 104-6 (Rev 6). 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 6) also includes an annex that provides specific direction for vessels operating around the Horn of Africa. Although MARSEC Directives are designated Sensitive Security Information (SSI) and are not subject to public release, a non-SSI version of this directive is available.
Special Local Regulation and Safety Zone; America's Cup Sailing Events, San Francisco, CA
The Coast Guard proposes to adopt a temporary special local regulation and temporary safety zone for those portions of the ``America's Cup World Series,'' the ``Louis Vuitton Cup'' challenger selection series, and the ``America's Cup Finals Match'' sailing regattas that may be conducted in the waters of San Francisco Bay adjacent to the City of San Francisco waterfront in the vicinity of the Golden Gate Bridge and Alcatraz Island between August and September 2012 and between July and September 2013. These regulations would be necessary to provide for the safety of life on the navigable waters immediately prior to, during, and immediately after any regattas that may occur. The proposed regulation would temporarily restrict vessel traffic in a portion of the San Francisco Bay, prohibit vessels not participating in the America's Cup sailing events from entering the designated race area, and create a temporary safety zone around racing vessels.
National Offshore Safety Advisory Committee; Vacancies
The Coast Guard seeks applications for membership on the National Offshore Safety Advisory Committee. This Committee advises the Secretary of the Department of Homeland Security on matters and actions concerning activities directly involved with or in support of the exploration of offshore mineral and energy resources insofar as they relate to matters within Coast Guard jurisdiction.
Drawbridge Operation Regulations; Atlantic Intracoastal Waterway and Biscayne Bay, Miami, FL
The Commander, Seventh Coast Guard District, has issued temporary deviations from the regulations governing the operation of the following two bridges in Miami, Florida: The Venetian Causeway Bridge (West), mile 1088.6, across the Atlantic Intracoastal Waterway; and the Venetian Causeway Bridge (East), across Biscayne Bay. The deviations are necessary due to the high volume of vessel and vehicle traffic anticipated because of the Miami International Boat Show. These deviations will result in the bridges only opening to navigation on the hour and half-hour before, during, and after the Miami International Boat Show.
Intent To Request Renewal From OMB of One Current Public Collection of Information: Aircraft Operator Security
The Transportation Security Administration (TSA) invites public comment on one currently approved Information Collection Request (ICR), Office of Management and Budget (OMB) control number 1652-0003, abstracted below, that TSA 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. Aircraft operators must adopt and implement a TSA-approved security program. These programs require aircraft operators to maintain and update records to ensure compliance with security provisions outlined in 49 CFR part 1544.
Extension of Agency Information Collection Activity Under OMB Review: TSA Customer Comment Card
This notice announces that the Transportation Security Administration (TSA) has forwarded the Information Collection Request (ICR), Office of Management and Budget (OMB) control number 1652-0030, 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 September 21, 2011 (76 FR 58532). TSA uses a customer comment card to collect passenger comments at airports, including complaints, compliments, and suggestions.
Agency Information Collection Activities: Post-Award Contract Information
The Department of Homeland Security, Office of Chief Procurement Officer, DHS 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). DHS previously published this information collection request (ICR) in the Federal Register on August 31, 2011 at 76 FR 54242 for a 60-day public comment period. No comments were received by DHS. The purpose of this notice is to allow additional 30-days for public comments.
Recreational Boating Safety Projects, Programs and Activities Funded Under Provisions of the Transportation Equity Act for the 21st Century; Accounting of
In 1999, the Transportation Equity Act for the 21st Century made $5 million per year available to the Secretary of Homeland Security for payment of Coast Guard expenses for personnel and activities directly related to coordinating and carrying out the national recreational boating safety program. In 2005, the law was amended, and the amount was increased to $5.5 million. The Coast Guard is publishing this notice to satisfy a requirement of the Act that a detailed accounting of the projects, programs, and activities funded under the national recreational boating safety program provision of the Act be published annually in the Federal Register. In this notice, we have specified the funding amounts the Coast Guard has committed, obligated, or expended during fiscal year 2011, as of September 30, 2011.
Safety Zone; Gulf Intracoastal Waterway, Mile Marker 35.2 to Mile Marker 35.5, Larose, Lafourche Parish, LA
The Coast Guard is establishing a temporary safety zone for the specified waters of the Gulf Intracoastal Waterway, Larose, Lafourche Parish, Louisiana. This temporary safety Zone is needed to protect the general public, vessels and tows from destruction, loss or injury due to the installation of a new sheetpile floodwall on the waterward side of the existing Larose floodwall and construction of a new rip-rap barge impact barrier on the Gulf Intracoastal Waterway side of the new floodwall.
Agency Information Collection Activities; Importers of Merchandise Subject to Actual Use Provisions
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 Importers of Merchandise Subject to Actual Use Provisions. This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13).
Drawbridge Operation Regulation; Boudreaux Canal, Chauvin, LA
The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the State Route 56 swing bridge across Boudreaux Canal, mile 0.1, near Chauvin, Terrebonne Parish, Louisiana. The deviation is necessary to perform structural repairs on the bridge. This deviation allows the bridge to remain closed-to-navigation for 30 days during March and April 2012.
Drawbridge Operation Regulation; Upper Mississippi River, Rock Island, IL
The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Rock Island Railroad and Highway Drawbridge across the Upper Mississippi River, mile 482.9, at Rock Island, Illinois. The deviation is necessary to allow the Quad Cities Heart Walk to cross the bridge. This deviation allows the bridge to be maintained in the closed-to- navigation position for two hours.
Drawbridge Operation Regulation; Sacramento River, CA
The Coast Guard is seeking comments and information on how best to address a proposal to change the operating regulation for the Freeport Drawbridge, mile 46.0, over the Sacramento River. The bridge owner has proposed to change the 6 a.m. and 10 p.m., summer time ``on demand'' bridge opening hours to a new timeframe between 9 a.m. and 5 p.m.; and to extend the annual winter operating schedule to include the month of October, due to a documented decrease in drawbridge openings compared to other nearby bridges. The proposed change is to address the issue of misalignment between drawbridge staffing and actual usage of the drawbridge that currently appears to be resulting in unnecessary staffing of the drawbridge during periods of navigational inactivity. In addressing this issue, the Coast Guard will continue to ensure the reasonable needs of navigation and maritime users are met. We will use your comments to help determine the best means to resolve this issue.
Drawbridge Operation Regulation; Willamette River, Portland, OR
The Commander, Thirteenth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Burlington Northern Santa Fe Railway Bridge, also known as the St Johns RR Bridge, across the Willamette River, mile 6.9, at Portland, OR. The deviation is necessary to facilitate track maintenance involving welding on the movable section of the bridge. This deviation allows the bridge to remain in the closed position during maintenance activities.
Final Flood Elevation 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).
Agency Information Collection Activities: Transfer of Cargo to a Container Station
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 Transfer of Cargo to a Container Station. This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13).
Changes in Flood Elevation 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.
National Advisory Council
The National Advisory Council will meet on February 16, 2012, in San Francisco, CA. The meeting will be open to the public.
Agency Information Collection Activities: Submission for OMB Review; Comment Request, Write Your Own (WYO) Company Participation Criteria; New Applicant
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.
Agency Information Collection Activities: Submission for OMB Review; Comment Request, National Flood Insurance Claims Appeals Process
The Federal Emergency Management Agency (FEMA) has submitted the following information collection to the Office of Management and Budget (OMB) for review and clearance in accordance with the requirements of the Paperwork Reduction Act of 1995. The submission describes 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 includes the actual data collection instruments FEMA will use.
Agency Information Collection Activities: Regulations Relating to Recordation and Enforcement of Trademarks and Copyrights
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: Regulations Relating to Recordation and Enforcement of Trademarks and Copyrights (Part 133 of the CBP Regulations). This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13).
Security Zone; Choptank River and Cambridge Channel, Cambridge, MD
The Coast Guard is establishing a temporary security zone encompassing certain waters of the Choptank River and Cambridge Channel in order to safeguard high-ranking public officials from terrorist acts and incidents. This action is necessary to ensure the safety of persons and property, and prevent terrorist acts or incidents. This rule prohibits vessels and people from entering the security zone and requires vessels and persons in the security zone to depart the security zone, unless specifically exempt under the provisions in this rule or granted specific permission from the Coast Guard Captain of the Port Baltimore.
Safety Zone; Grain-Shipment Vessels, Columbia and Snake Rivers
The Coast Guard is establishing a temporary safety zone around all inbound and outbound grain-shipment vessels involved in commerce with Export Grain Terminal, Longview, WA, while they are located on the Columbia and Snake Rivers. This safety zone extends to waters 500 yards ahead of these vessels and 200 yards abeam and astern of these vessels. This safety zone is being implemented to ensure that protest activities associated with the opening of the Export Grain Terminal to maritime traffic does not prevent safe navigation of grain shipment vessels and other vessels using the waterway during grain-shipment vessel transits to and from the terminal.
Safety Zone; Export Grain Terminal (EGT), Columbia River, Longview, WA
The Coast Guard is establishing a temporary safety zone around the Export Grain Terminal located on the Columbia River in Longview, WA. This safety zone extends to waters of the Columbia River approximately between the navigable channel and the Export Grain Terminal in Longview, WA. This safety zone is being implemented to ensure that protest activities associated with the opening of the Export Grain Terminal to maritime traffic does not result in hazardous navigation conditions in the area of the terminal's piers and wharves.
Extension of the Designation of El Salvador for Temporary Protected Status and Automatic Extension of Employment Authorization Documentation for Salvadoran TPS Beneficiaries; Correction
The Department of Homeland Security (DHS) corrects the notice published in the Federal Register on January 11, 2012, at 77 FR 1710. We are correcting the dates for the re-registration period to state that the period runs from January 9, 2012 through March 12, 2012.
Revision to Chemical Testing Regulations for Mariners and Marine Employers
The Coast Guard is considering revising the regulations governing chemical (drug and alcohol) testing of mariners. In support of that effort, we would like input from mariners, marine employers, service agents, and substance abuse professionals on a number of questions relating to the administration of chemical testing programs for mariners by mariner employers.
Massachusetts; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the Commonwealth of Massachusetts (FEMA-4051-DR), dated January 6, 2012, and related determinations.
Texas; Amendment No. 12 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.
Suspension of Community Eligibility
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.
Extension of Public Comment Period; Mechanisms of Compliance With United States Citizenship Requirements for the Ownership of Vessels Eligible To Engage in Restricted Trades by Publicly Traded Companies
On November 3, 2011, the Coast Guard published a Notice and Request for Comments regarding the mechanisms of compliance with United States citizenship requirements for the ownership of vessels eligible to engage in restricted trades by publicly traded companies. In that notice, the public comment period was set to expire on February 1, 2012. In today's action, the Coast Guard is providing notice that the public comment period is extended until April 2, 2012. This extension will provide the public with additional time and opportunity to provide the Coast Guard with information regarding the relevant compliance mechanisms employed by companies with a wide variety of complex organizational structures and trading practices.
Recovery Directorate Fact Sheet 9580.213, Residential Electrical Meter Repair-“Power Up”
The Federal Emergency Management Agency (FEMA) is accepting comments on Recovery Directorate Fact Sheet 9580.213, Residential Electrical Meter Repair``Power Up.''
Suspension of Community Eligibility
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.
Special Local Regulations; Recurring Marine Events in the Fifth Coast Guard District
The Coast Guard is revising the list of special local regulations established for recurring marine events at various locations within the geographic boundary of the Fifth Coast Guard District. This rule revises 33 CFR 100.501 by adding 6 new annual recurring marine events and modifying event date(s) for 12 previously established locations within the geographic boundary of the Fifth Coast Guard District. This rule also deletes 4 previously listed marine events and corresponding regulated areas that no longer occur. These regulations will apply to all events listed in the table attached to the regulation, and include events such as regattas, power boat races and marine parades. Special local regulations are established to provide for the safety of life on navigable waters during these events, reduce the Coast Guard's administrative workload and expedite public notification of events. Entry into or movement within these proposed regulated areas during the enforcement periods is prohibited without approval of the appropriate Captain of the Port.
Suspension of Community Eligibility
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.
Draft Guidance Regarding Inspection and Certification of Vessels Under the Maritime Security Program
The Coast Guard announces the availability of a draft Navigation and Inspection Circular (NVIC) that sets forth the Coast Guard's policies and procedures regarding the inspection and certification of vessels under the Maritime Security Program (MSP). The draft NVIC provides a comprehensive approach to the MSP inspection process through the establishment of two levels of MSP inspection and oversight. This notice solicits public comment on the impacts that the policies and procedures contained in this draft NVIC would have on applicable vessels and other affected parties.
Identification of Foreign Countries Whose Nationals Are Eligible To Participate in the H-2A and H-2B Nonimmigrant Worker Programs
Under Department of Homeland Security (DHS) regulations, U.S. Citizenship and Immigration Services (USCIS) may approve petitions for H-2A and H-2B nonimmigrant status only for nationals of countries that the Secretary of Homeland Security, with the concurrence of the Secretary of State, has designated by notice published in the Federal Register. That notice must be renewed each year. This notice announces that the Secretary of Homeland Security, in consultation with the Secretary of State, is identifying 58 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year. New countries on this year's list include Haiti, Iceland, Montenegro, Spain, and Switzerland.
Agency Information Collection Activities: Passenger List/Crew List (CBP Form I-418)
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 Passenger List/Crew List (CBP Form I-418). This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13; 44 U.S.C. 3505(c)(2)).
Agency Information Collection Activities: Entry Summary
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 Summary (CBP Form 7501). This is a proposed revision and extension of an information collection that was previously approved. CBP is proposing that this information collection be revised and extended with a change to the burden hours and to the information collected as a result of the addition of the new proposed Document/ Payment Transmittal form. 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 69277) on November 8, 2011, 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.
Notice of Availability of the Draft Programmatic Environmental Assessment for the Deployment and Operation of Low Energy X-Ray Inspection Systems at U.S. Customs and Border Protection Operational Areas
U.S. Customs and Border Protection (CBP) is advising the public that a draft Programmatic Environmental Assessment (PEA) for Low Energy X-Ray Inspection Systems (LEXRIS) at CBP operational areas has been prepared and is available for public review. The draft PEA analyzes the potential environmental impacts due to the deployment and use of LEXRIS. CBP seeks public comment on the draft PEA. CBP will consider comments before issuing a final PEA.
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