Department of Homeland Security May 2012 – Federal Register Recent Federal Regulation Documents

This notice announces that U.S. Customs and Border Protection (CBP) will cancel a continuous bond where the liability amount was calculated pursuant to enhanced bonding requirements (EBR bond) upon the agency's acceptance of a qualified superseding bond application. CBP will accept a qualified superseding bond application pursuant to this notice only if posted by an importer who was not a litigant in any of the National Fisheries Institute, Inc. v. United States Bureau of Customs & Border Protection (NFI v. CBP) court cases and who establishes, to CBP's satisfaction, that no contingent liability remains secured by the predecessor EBR bond and that the EBR bond does not cover entries that are subject to a pending protest. The superseding bond must also feature a limit of liability that is calculated using CBP's current bond formula and must be for the same time period covered by the EBR bond. Nothing in this Notice should be construed as applying to importers represented by the plaintiffs in the NFI litigation noted above, as their relief was granted by the Court.

The Coast Guard will enforce the safety zones for fireworks displays in the Sector Columbia River Captain of the Port Zone from May 2012 through September 2012. This action is necessary to ensure the safety of the crews onboard the vessels displaying the fireworks, the maritime public, and all other observers. During the enforcement period for each specific safety zone, no person or vessel may enter or remain in the safety zone without permission of the Captain of the Port Columbia River or his designated representative.

The Coast Guard is establishing a 500 foot temporary moving safety zone around the U.S. Government Contract Cutterhead Dredge MISSOURI H, while it conducts dredging operations in specified waters of Belle Pass, Port Fourchon, Louisiana. This action is necessary for the protection of persons and vessels on navigable waters during dredging operations. Entry into or transiting in this zone is prohibited to all vessels, mariners, and persons unless specifically authorized by the Captain of the Port (COTP) Morgan City or a designated representative.

The Coast Guard proposes to temporarily change the enforcement location of a safety zone for one specific recurring fireworks display in the Fifth Coast Guard District. This regulation applies to only one recurring fireworks event, held adjacent to the Currituck Sound, Corolla, North Carolina. The fireworks display previously originated from a barge but will this year originate from a location on land; the safety zone is necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in a portion of the Currituck Sound, Corolla, NC, during the event.

The Transportation Security Administration (TSA) invites public comment on a new Information Collection Request (ICR) abstracted below that we will submit to the Office of Management and Budget (OMB) for approval in compliance with the Paperwork Reduction Act (PRA). The ICR describes the nature of the information collection and its expected burden. The ICR will assess the current security practices in the highway and motor carrier industry by way of its Highway Baseline Assessment for Security Enhancement (BASE) program, which encompasses site visits and interviews, and is part of the larger domain awareness, prevention, and protection program supporting TSA's and the Department of Homeland Security's (DHS) missions. This voluntary collection allows TSA to conduct transportation security-related assessments during site visits with security and operating officials of surface transportation entities.

The Coast Guard is establishing five temporary safety zones during Fourth of July Fireworks Displays on certain navigable waterways in Hilton Head Island, Mount Pleasant, Murrells Inlet, North Charleston, and North Myrtle Beach, South Carolina. These safety zones are 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 any of the safety zones unless authorized by the Captain of the Port Charleston or a designated representative.

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 an extension of its approval to the following collection of information: 1625-0095, Oil and Hazardous Material Pollution Prevention and Safety Records, Equivalents/Alternatives and Exemptions. Additionally, the U.S. Coast Guard requests approval of a revision to the following collections of information: 1625-0099, Requirements for the Use of Liquefied Petroleum Gas and Compressed Natural Gas as Cooking Fuel on Passenger Vessels and 1625-0103, Mandatory Ship Reporting System for the Northeast and Southeast Coasts of the United States. 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.

The Coast Guard is finalizing regulations previously published as an interim rule on January 13, 2006. The interim rule was published to amend the maritime personnel licensing rules to include new security requirements when mariners apply for original, renewal, and raise-of- grade licenses and certificates of registry, but was never published as a final rule. The Coast Guard is finalizing the one remaining section of the interim rule that has remained unfinalized, which is the definition of a dangerous drug.

The Department of Homeland Security Privacy Office will host a public workshop, ``Privacy Compliance Workshop.''

Comments are requested on proposed flood hazard determinations, which may include additions or modifications of any Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area (SFHA) boundary or zone designation, or regulatory floodway on the Flood Insurance Rate Maps (FIRMs), and where applicable, in the supporting Flood Insurance Study (FIS) reports for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the preliminary FIRM, and where applicable, the FIS report that the Federal Emergency Management Agency (FEMA) has provided to the affected communities. The FIRM and FIS report are the basis 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, the FIRM and FIS report, once effective, will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents of those buildings.

This notice amends the notice of a major disaster for the State of Vermont (FEMA-4022-DR), dated September 1, 2011, and related determinations.

The Coast Guard will enforce Safety Zones for fireworks displays and Special Local Regulations for swimming events in the Sector Long Island Sound area of responsibility on the dates and times listed in the tables below. This action is necessary to provide for the safety of life on navigable waterways during these regattas, fireworks displays and swim events. During the enforcement period, no person or vessel may enter the safety zone without permission of the Captain of the Port (COTP) Sector Long Island Sound or designated representative.

The Coast Guard will enforce the Special Local Regulation for Hydroplane Races within the Captain of the Port Puget Sound Area of Responsibility for the Tastin' n' Racin' hydroplane event in Lake Sammamish, WA on June 9th and 10th, 2012. This action is necessary to restrict vessel movement in the vicinity of the race courses thereby ensuring the safety of participants and spectators during these events. During the enforcement period non-participant vessels are prohibited from entering the designated race areas. Spectator craft entering, exiting or moving within the spectator area must operate at speeds which will create a minimum wake.

The Coast Guard will enforce the events outlined in Tables 1 and 2 taking place throughout the Sector Northern New England Captain of the Port Zone. This action is necessary to protect marine traffic and spectators from the hazards associated with powerboat races, regattas, boat parades, rowing and paddling boat races, swim events, and fireworks displays. During the enforcement period, no person or vessel may enter the Special Local Regulation area or Safety Zone without permission of the Captain of the Port.

The Coast Guard proposes to establish a temporary safety zone on Hamlin Beach State Park, Hamlin, NY. This proposed rule is intended to restrict vessels from a portion of water off Hamlin Beach State Park during the A Salute to Our Heroes on July 07, 2012. The safety zone established by this proposed rule is necessary to protect spectators, participants, and vessels from the hazards associated with firework display.

The U.S. Coast Guard will hold a public meeting on subject matters that will be addressed at the Twenty-Second Session of the Assembly of the International Mobile Satellite Organization (IMSO).

The Coast Guard proposes to establish a temporary safety zone on the St. Lawrence River, Alexandria Bay, NY. This proposed rule is intended to restrict vessels from a portion of the St. Lawrence River during the Alexandria Bay Chamber of Commerce fireworks display. The safety zone established by this proposed rule is necessary to protect spectators and vessels from the hazards associated with a fireworks display.

The Department of Homeland Security is giving concurrent notice of a updated system of records pursuant to the Privacy Act of 1974 for the ``Department of Homeland Security/U.S. Customs and Border Protection006Automated Targeting System (ATS) System of Records'' and this proposed rulemaking. The Department is publishing this Notice of Proposed Rulemaking to ensure that the exemptions previously published are clearly and appropriately applied to all records in the updated system of records.

In accordance with the Privacy Act of 1974, the Department of Homeland Security proposes to update and expand an existing Department of Homeland Security system of records notice titled, U.S. Customs and Border Protection, DHS/CBP-006Automated Targeting System (ATS) 72 FR 43650, August 6, 2007. The Department of Homeland Security (DHS) and U.S. Customs and Border Protection (CBP) have designed ATS to efficiently perform risk assessments on information pertaining to international travelers and import and export shipments attempting to enter or leave the United States. ATS uses a rule-managed technology that facilitates the targeting of high-risk travelers and cargo. DHS/CBP is publishing this System of Records Notice (SORN) to update ATS and to update and expand the categories of individuals, categories of records, routine uses, access provisions, and sources of data stored in ATS. Elsewhere in the Federal Register, the Department of Homeland Security is concurrently issuing a Notice of Proposed Rulemaking exempting this system of records from certain provisions of the Privacy Act. This updated and expanded system will be included in the Department of Homeland Security's inventory of record systems.

The Coast Guard is amending special local regulations and establishing permanent safety zones in Coast Guard Southeastern New England Captain of the Port (COTP) Zone for annually recurring marine events.

A working group of the Merchant Marine Personnel Advisory Committee (MERPAC) will meet to discuss Task Statement 76, ``Review of Performance Measures (Assessment Criteria);'' and Task Statement 77, ``Development of Performance Measures (Assessment Criteria).'' This meeting will be open to the public.

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.

The Coast Guard proposes to modify the operating schedule that governs the Meridian and Bigbee Railroad (MNBR) swing span bridge across the Alabama River at Selma, Dallas County, Alabama. Due to the infrequent requirement to open the bridge for the passage of vessels, the owner has requested a change allowing the bridge to open only on signal if at least 24-hours advanced notification is given.

The Coast Guard proposes to establish a safety zone in the Captain of the Port Sault Sainte Marie zone. This proposed safety zone is intended to restrict vessels from certain portions of water areas within Sector Sault Sainte Marie Captain of the Port zone. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with an air show performance.