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

This notice amends the notice of a major disaster declaration for State of Colorado (FEMA-4067-DR), dated June 28, 2012, and related determinations.

DHS is issuing a final rule amending multiple sections of the Homeland Security Acquisition Regulation (HSAR). These amendments align existing content with the Federal Acquisition Regulation (FAR); implement Section 695 of the Post-Katrina Emergency Management Reform Act of 2006 by restricting the length of certain noncompetitive contracts entered into by the Department of Homeland Security to facilitate the response to or recovery from a natural disaster, act of terrorism, or other manmade disaster; clarify agency acquisition regulations; and make editorial corrections.

The Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection notice allowing for a 60-day public comment period was previously published in the Federal Register on May 10, 2012, at 77 FR 27473. USCIS received one submission from one commenter in response to the 60-day notice and acknowledges receipt in item 8 of the supporting statement.

The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) will be submitting the following information collection request for review to the Office of Management and Budget (OMB) and clearance in accordance with the Paperwork Reduction Act of 1995. This information collection notice is published in the Federal Register to obtain comments from the public and affected agencies. During this 60-day period, USCIS will be evaluating whether to revise the Form I-912. Should USCIS decide to revise Form I-912 we will advise the public when we publish the 30-day notice in the Federal Register in accordance with the Paperwork Reduction Act. The public will then have 30 days to comment on any revisions to the Form I-912.

The Coast Guard is modifying the operating schedule that governs three North Carolina Department of Transportation (NCDOT) bridges: The S.R. 74 Bridge, across the AIWW, mile 283.1 at Wrightsville Beach, NC; the Cape Fear Memorial Bridge across the Cape Fear River, mile 26.8; and the Isabel S. Holmes Bridge across the Northeast Cape Fear River, mile 1.0; both in Wilmington, NC. The modification will alter the dates and times these bridges are allowed to remain in the closed position to accommodate the time and route change of the annual YMCA Tri Span 5K & 10K races.

The Department of Homeland Security (DHS) is proposing to amend its Homeland Security Acquisition Regulation to require contracts for time and material or labor hours to include separate labor hour rates for subcontractors and a description of the method that will be used to record and bill for labor hours for both contractors and subcontractors.

Notice is hereby given that, pursuant to 19 CFR 151.12 and 19 CFR 151.13, Amspec Services LLC, 100B Redoubt Road, Unit 2, Yorktown, VA 23692, has been approved to gauge and accredited to test petroleum and petroleum products, organic chemicals and vegetable oils for customs purposes, in accordance with the provisions of 19 CFR 151.12 and 19 CFR 151.13. Anyone wishing to employ this entity to conduct laboratory analyses and gauger services should request and receive written assurances from the entity that it is accredited or approved by the U.S. Customs and Border Protection to conduct the specific test or gauger service requested. Alternatively, inquires regarding the specific test or gauger service this entity is accredited or approved to perform may be directed to the U.S. Customs and Border Protection by calling (202) 344-1060. The inquiry may also be sent to cbp.labhq@dhs.gov. Please reference the Web site listed below for a complete listing of CBP approved gaugers and accredited laboratories.

The Coast Guard proposes to establish a temporary safety zone on the waters of the Atlantic Ocean east of Jacksonville Beach, Florida during the Jacksonville Sea and Sky Spectacular air show. The event is scheduled to take place from Friday, October 19, 2012, through Sunday, October 21, 2012. This temporary safety zone is necessary for the safety of air show participants, participant vessels, spectators, and the general public during the event. Persons and vessels will be prohibited from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port Jacksonville or their designated representative.

The Coast Guard will enforce this safety zone for annual fireworks events in the Captain of the Port, Sector Lake Michigan zone from 9:15 p.m. until 10:45 p.m. on September 7 and 8, 2012. This action is necessary and intended to ensure safety of life on the navigable waters immediately prior to, during, and immediately after fireworks events. During the enforcement periods announced in this rule, the Coast Guard will enforce restrictions upon, and control movement of, vessels in a specified area immediately prior to, during, and immediately after fireworks events. No person or vessel may enter the safety zone while it is being enforced without permission of the Captain of the Port, Sector Lake Michigan.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Broadway Bridge, mile 11.7, across the Willamette River at Portland, OR. This deviation is necessary to accommodate the 2012 Pints to Pasta foot race event. This deviation allows the bridge to remain in the closed position to allow safe movement of event participants.

The Coast Guard will enforce the Navy Pier Southeast Safety Zone in Chicago Harbor during various periods from August 1, 2012 through August 29, 2012. 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. Enforcement of this safety zone will establish restrictions upon, and control movement of, vessels in a specified area immediately prior to, during, and immediately after various fireworks events. During the enforcement period, no person or vessel may enter the safety zones without permission of the Captain of the Port, Sector Lake Michigan.

The Department of Homeland Security (DHS), National Protection and Programs Directorate (NPPD), Office of Cybersecurity and Communications (CS&C), Office of Emergency Communications (OEC), has submitted the following Information Collection Request 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). NPPD is soliciting comments concerning the Broad Stakeholder Survey.

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).

The Coast Guard is establishing a temporary deviation to the Chicago Air and Water Show safety zone on Lake Michigan near Lincoln Park. This action is necessary to accurately reflect the enforcement dates and times for this safety zone due to changes made in this year's air show. This safety zone is intended to restrict vessels from a portion of Lake Michigan during the Chicago Air and Water Show. This safety zone is necessary to protect spectators and vessels from the hazards associated with an air show over water.

The Coast Guard is establishing a temporary safety zone encompassing a portion of the Duluth Harbor Basin, Northern Section, including the Duluth Entry. This safety zone is intended to help protect participants, event safety personnel, boaters and spectators during the Superior Man Triathlon.

This document proposes to amend the U.S. Customs and Border Protection (CBP) regulations to set forth the prohibitions and conditions that are applicable to the importation and exportation of rough diamonds pursuant to the Clean Diamond Trade Act, as implemented by the President in Executive Order 13312 dated July 29, 2003, and the Rough Diamonds Control Regulations (RDCR) issued by the Office of Foreign Assets Control of the U.S. Department of the Treasury. In addition to restating pertinent provisions of the RDCR, the proposed amendments would clarify that any U.S. person exporting from or importing into the United States a shipment of rough diamonds must retain for a period of at least five years a copy of the Kimberley Process Certificate that currently must accompany such shipments and make the copy available for inspection when requested by CBP. The document also proposes to require formal entry for shipments of rough diamonds.

The Department of Homeland Security Science and Technology Directorate (DHS S&T), through its Plum Island Animal Disease Center (PIADC), is seeking collaborators to aid DHS S&T in conducting validation testing on the ability of VHP and ClO2 to achieve sufficient biological load reduction against live FMDV and ASFV. PIADC operates a Biosafety Level 3 (BSL-3) facility working primarily with high consequence foreign animal diseases. The nature of this work makes it paramount to ensure the effective and thorough decontamination of all material exiting the bio containment area within the facility. Rising health concerns and process efficiency/turn-around time with the use of formaldehyde gas (the current fumigation method used against FMDV and ASFV) are key driving factors in validating an alternative fumigation method. The fumigation method(s) will ultimately be used to decontaminate sensitive equipment and electronics, other material within the bio containment area, sealed portions of the facility, biological safety cabinets and perform in-place decontamination of heating, ventilation, and cooling (HVAC) HEPA filtration systems. The role of the collaborator(s) in this CRADA will be to provide PIADC with the materials, equipment, and technological expertise to support accurate and reliable efficacy testing using VHP and ClO2. DHS S&T is seeking CRADA collaborators that own the technological components for, have the technological expertise in, and have proven track records of success in the fields of VHP and ClO2 decontamination validation studies. The proposed term of the CRADA can be up to eighteen (18) months.

The Coast Guard proposes to change the regulations that govern the operation of the Conrail Bridge over the Schuylkill River, mile 6.4 near Christian Street, at Philadelphia, PA. The proposed rule intends to change the current regulation to reflect a change in name of the bridge and to meet the current lack of demand for openings. The current regulation requires the Conrail Bridge to open on signal if at least two hours notice is given. CSX Transportation acquired the bridge from Conrail 13 years ago and there have been no requests requiring openings. Based on this lack of demand for opening, this proposed rule would allow the bridge to remain in the closed to navigation position. This proposed rule would also rename the bridge from the Conrail Bridge to the CSX Bridge.