Department of Homeland Security September 2012 – Federal Register Recent Federal Regulation Documents
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Extension of Import Restrictions on Archaeological and Ethnological Materials From Guatemala
This document amends U.S. Customs and Border Protection (CBP) regulations to reflect the extension of import restrictions on certain archaeological materials from Guatemala. These restrictions, which were last extended by CBP Dec. 07-79, are due to expire on September 29, 2012, unless extended. The Assistant Secretary for Educational and Cultural Affairs, United States Department of State (Department of State), has determined to extend the bilateral Agreement between the Republic of Guatemala and the United States to continue the imposition of import restrictions on the archaeological materials from Guatemala and to add restrictions on certain ethnological materials. The Designated List of cultural property described in Treasury Decision (T.D.) 97-81 is revised in this document to reflect the addition of the ethnological materials. The import restrictions imposed on the archaeological and ethnological materials covered under the Agreement will be in effect for a 5-year period, and the CBP regulations are being amended accordingly. These restrictions are being imposed pursuant to determinations of the Department of State under the terms 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.
Special Local Regulation Clearwater Super Boat National Championship Race, Gulf of Mexico; Clearwater, FL
The Coast Guard is establishing special local regulations on the waters of the Gulf of Mexico in the vicinity of Clearwater, Florida during the Clearwater Super Boat National Championship Race. The race is scheduled to take place on Sunday, September 30, 2012 from 10 a.m. to 4 p.m. Approximately 35 boats ranging in length from 24 feet to 50 feet traveling at speeds in excess of 100 miles per hour are expected to participate. Additionally, it is anticipated that 400 spectators will be present along the race course. The special local regulation is necessary to protect the safety of race participants, participant vessels, spectators, and the general public on the navigable waters of the United States during the event. The special local regulation will temporarily restrict vessel traffic in the waters of the Gulf of Mexico in the vicinity of Clearwater, Florida. The special local regulation will establish the following three areas: a race area, where all persons and vessels, except those persons and vessels participating in the high speed boat races, are prohibited from entering, transiting through, anchoring in, or remaining within; a buffer zone around the race area, where all persons and vessels, except those persons and vessels enforcing the buffer zone, are prohibited from entering, transiting through, anchoring in, or remaining within; and a spectator area, where all vessels must be anchored or operate at No Wake Speed.
Safety Zone; Fireworks Event in Captain of the Port New York Zone
The Coast Guard will enforce a safety zone in the Captain of the Port New York Zone on the specified date and time. This action is necessary to ensure the safety of vessels and spectators from hazards associated with fireworks displays. During the enforcement period, no person or vessel may enter the safety zone without permission of the Captain of the Port (COTP).
Homeland Security Advisory Council
The Homeland Security Advisory Council (HSAC) will meet via teleconference for the purpose of reviewing and deliberating on recommendations by the HSAC's Cyber Skills Task Force.
Safety Zone, Changes to Original Rule; Boston Harbor's Rock Removal Project, Boston Inner Harbor, Boston, MA
The Coast Guard is establishing three temporary safety zones within Sector Boston's Captain of the Port (COTP) Zone for the drilling, blasting, and dredging operation on the navigable waters of Boston Inner Harbor, in the main ship channel near Castle Island. These temporary safety zones are necessary to enhance navigation, vessel safety, marine environmental protection, and provide for the safety of life on the navigable waters during the drilling, blasting and dredging operations in support of the U.S. Army Corps of Engineers rock removal project. Entering into, transiting through, mooring or anchoring within these safety zones is prohibited unless authorized by the COTP or the designated on-scene representative.
Hull Identification Numbers for Recreational Vessels
The Coast Guard announces that it is requesting public comments regarding the existing regulatory requirement to indicate a boat's model year as part of the 12-character Hull Identification Number (HIN). Under current regulations in 33 CFR part 181, the HIN must consist of 12 characters, the last two of which indicate the boat's model year. This notice requests public comments on whether we should continue to require model year as part of the HIN or change the regulatory definition of ``model year.''
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, 2012, 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.
Homeland Security Science and Technology Advisory Committee (HSSTAC)
On September 13, 2012, the Department of Homeland Security announced in the Federal Register at FRN 77, Number 178, 56662-56663 that the Homeland Security Science and Technology Advisory Committee (HSSTAC) would meet on September 27-28, 2012 in Washington, DC. This notice supplements that original meeting notice.
Agency Information Collection Activities: Application To Register Permanent Residence or Adjust Status, Form I-485 and Supplements A, C, and E, Revision of a Currently Approved Collection; Comment Request
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. An information collection notice was previously published in the Federal Register on July 25, 2012, at 76 FR 43608, allowing for a 60-day public comment period. USCIS did not receive any comments on the 60-day notice.
Agency Information Collection Activities: National Interest Waivers, Supplemental Evidence to I-140 and I-485, Form Number No Form; Extension, Without Change, of a Currently Approved Collection
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 was previously published in the Federal Register on June 1, 2012, at 77 FR 32660, allowing for a 60-day public comment period. USCIS did receive one comment in connection with the 60-day notice. The comment received was the writer's statement that the USCIS Form I-140 should be discontinued and that USCIS Form I-145 should have the associated fee raised. USCIS will not be discontinuing the form I-130 and a fee study was done to determine the appropriate fee amount for the I-145; no change will be made based upon the comment received.
Finding of Equivalence; Alternate Pressure Relief Valve Settings on Certain Vessels Carrying Liquefied Gases in Bulk
The Coast Guard announces the availability of CG-ENG Policy Letter 04-12, ``Alternative Pressure Relief Valve Settings on Vessels Carrying Liquefied Gases in Bulk in Independent Type B and Type C Tanks.'' Existing Coast Guard regulations regarding the allowable stress factors for type B and type C independent cargo tanks are more stringent than the International Maritime Organization (IMO) standards for such cargo tanks. Materials, manufacturing, and inspections have advanced since the Coast Guard first promulgated regulations on allowable stress factors on May 3, 1979. CG-ENG Policy Letter 04-12 establishes that for certain type B and type C independent cargo tanks that are designed and manufactured using advanced techniques, the IMO standards for allowable stress factors provide a level of safety protection equivalent to the standards in 46 CFR 154.447 and 46 CFR 154.450.
Agency Information Collection Activities: Affidavit of Support Under Section 213A of the Act, Form I-864, Affidavit of Support Under Section 213A of the Act; Form I-864A, Contract Between Sponsor and Household Member, Form I-864 EZ, Affidavit of Support Under Section 213A of the Act; Form I-864W, Intending Immigrant's Affidavit of Support Exemption; Revision of a Currently Approved Collection
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 was previously published in the Federal Register on June 1, 2012, at 77 FR 32658, allowing for a 60-day public comment period. USCIS did receive one comment in connection with the 60-day notice. The comment proposed modifications to the form I-864 and USCIS considered each one. Based upon the current functionality of the form, USCIS will not be implementing these changes.
Agency Information Collection Activities: Application for Posthumous Citizenship, Form Number N-644; Extension, Without Change, of a Currently Approved Collection
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 was previously published in the Federal Register on July 24, 2012, at 77 FR 43346, allowing for a 60-day public comment period. USCIS did not receive any comment in connection with the 60-day notice.
Critical Infrastructure Partnership Advisory Council (CIPAC)
The Critical Infrastructure Partnership Advisory Council (CIPAC) Plenary Meeting will be held on Wednesday, October 3, 2012, at the Walter E. Washington Convention Center, 801 Mount Vernon Place NW., Washington, DC 20001. The meeting will be open to the public.
Drawbridge Operation Regulation; Atlantic Intracoastal Waterway (AIWW), Elizabeth River, Southern Branch, Chesapeake, VA
The Coast Guard has issued a temporary deviation from the operating schedule that governs the operation of the Norfolk Southern 7 Railroad Bridge across the Elizabeth River (Southern Branch), AIWW mile 5.8, at Chesapeake, VA. This deviation is necessary to facilitate replacing lift joints on the Norfolk Southern 7 Railroad Bridge. This temporary deviation will allow the drawbridge to remain in the closed-to-navigation position on specific dates and times.
Safety Zone; Coast Guard Exercise, Hood Canal, Washington
The Coast Guard is establishing a temporary safety zone around vessels involved in a Coast Guard Ready for Operations exercise in Hood Canal, WA that will take place between Oct 16, 2012 and Oct 18, 2012. A safety zone is necessary to ensure the safety of the maritime public during the exercise and will do so by prohibiting any person or vessel from entering or remaining in the safety zone unless authorized by the Captain of the Port (COTP) or his Designated Representative.
United States-Colombia Trade Promotion Agreement
This rule amends the U.S. Customs and Border Protection (CBP) regulations on an interim basis to implement the preferential tariff treatment and other customs-related provisions of the United States- Colombia Trade Promotion Agreement entered into by the United States and the Republic of Colombia.
U.S. Customs and Border Protection
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 Foreign Assembler's Declaration (with Endorsement by Importer). This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13).
West Virginia; Amendment No. 3 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of West Virginia (FEMA-4071-DR), dated July 23, 2012, and related determinations.
Fee for Services To Support FEMA's Offsite Radiological Emergency Preparedness Program
The Federal Emergency Management Agency (FEMA) is establishing a fiscal year (FY) 2014 hourly rate of $57.41 for assessing and collecting fees from Nuclear Regulatory Commission (NRC) licensees for services provided by FEMA personnel for FEMA's Radiological Emergency Preparedness (REP) Program.
Louisiana; Amendment No. 11 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Louisiana (FEMA-4080-DR), dated August 29, 2012, and related determinations.
Technical Corrections Relating to the Rules of Origin for Goods Imported Under the NAFTA and for Textile and Apparel Products
This document sets forth technical corrections to part 102 of the U.S. Customs and Border Protection (CBP) regulations to reflect recent changes in the Harmonized Tariff Schedule of the United States. The affected provisions in part 102 of title 19 of the Code of Federal Regulations which are based in part on specified changes in tariff classification, comprise a codified system used for determining the country of origin of goods imported under the North American Free Trade Agreement (NAFTA), determining whether an imported good is a new or different article of commerce under the United States-Morocco Free Trade Agreement and the United States- Bahrain Free Trade Agreement, and for the country of origin of textile and apparel products (other than those of Israel).
Closing of the Jamieson Line, NY Border Crossing
U.S. Customs and Border Protection (CBP) is proposing to close the Jamieson Line, New York border crossing. The proposed change is part of CBP's continuing program to more efficiently utilize its personnel, facilities, and resources, and to provide better service to carriers, importers, and the general public.
Drawbridge Operation Regulations; James River, Newport News, VA
The Coast Guard has issued a temporary deviation from the operating schedule that governs the US 17/258 Bridge across the James River, mile 5.0, at Newport News, VA. The deviation is necessary to facilitate the structural repairs of the bridge. This deviation allows the bridge to remain closed on weekends during the repairs and requires two-hour advanced notice for bridge openings.
Drawbridge Operation Regulations; Pequonnock River, Bridgeport, CT, Maintenance
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Metro North (Peck) Bridge across the Pequonnock River, mile 0.3, at Bridgeport, Connecticut. The deviation allows the bridge to remain in the closed position to facilitate electrical repairs.
Proposed Flood Elevation Determinations for the Unincorporated Areas of Hoke County, NC
The Federal Emergency Management Agency (FEMA) is withdrawing its proposed rule concerning proposed flood elevation determinations for the Unincorporated Areas of Hoke County, North Carolina.
Proposed Flood Hazard Determinations
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.
Proposed Flood Hazard Determinations
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.
Proposed Flood Elevation Determinations for the Unincorporated Areas of Highlands County, FL
The Federal Emergency Management Agency (FEMA) is withdrawing its proposed rule concerning proposed flood elevation determinations for the Unincorporated Areas of Highlands County, Florida.
Drawbridge Operation Regulation; Old River, Orwood, CA
The Coast Guard has issued a temporary deviation from the operating regulation that governs the Burlington Northern & Santa Fe Railroad (BNSF) Drawbridge across Old River, mile 10.4, at Orwood, CA. The deviation is to allow the bridge owner to perform essential mechanical repairs on the bridge. This deviation allows the bridge to remain in the closed-to-navigation position during the event.
Drawbridge Operation Regulation; Willamette River, Portland, OR
The Coast Guard has issued a temporary deviation from the operating schedule that governs the Broadway Bridge across the Willamette River, mile 11.7, at Portland, OR. This deviation is necessary to accommodate the running of the Portland Marathon. This deviation allows the bridge to remain in the down or closed position during the marathon.
Agency Information Collection Activities: Declaration for Free Entry of Returned American Products
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 for Free Entry of Returned American Products (CBP Form 3311). This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13).
Extension of Import Restrictions Imposed on Archaeological Material From Mali
This final rule amends the U.S. Customs and Border Protection (CBP) regulations to reflect the extension of import restrictions on certain archaeological material from Mali. The restrictions, which were previously imposed by Treasury Decision (T.D.) 97-80, extended by T.D. 02-55, and last extended and amended by CBP Dec. 07-77, are due to expire on September 19, 2012, unless extended. The Assistant Secretary for Educational and Cultural Affairs, United States Department of State, has determined that conditions continue to warrant the imposition of import restrictions. Accordingly, the restrictions will remain in effect for an additional five years, and the CBP regulations are being amended to indicate this further extension. These restrictions are being extended pursuant to determinations of the United States Department of State under the terms of the Convention on Cultural Property Implementation Act in accordance with the United Nations Educational, Scientific and Cultural Organization (UNESCO) 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. CBP Dec. 07-77 contains the Designated List of archaeological materials that describes the articles to which the restrictions apply.
Mississippi; Amendment No. 4 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Mississippi (FEMA-4081-DR), dated August 29, 2012, and related determinations.
Louisiana; Amendment No. 9 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Louisiana (FEMA-4080-DR), dated August 29, 2012, and related determinations.
Mississippi; Amendment No. 3 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Mississippi (FEMA-4081-DR), dated August 29, 2012, and related determinations.
Mississippi; Amendment No. 2 to Notice of an Emergency Declaration
This notice amends the notice of an emergency declaration for the State of Mississippi (FEMA-3348-EM), dated August 28, 2012, and related determinations.
Louisiana; Amendment No. 2 to Notice of an Emergency Declaration
This notice amends the notice of an emergency declaration for the State of Louisiana (FEMA-3347-EM), dated August 27, 2012, and related determinations.
Mississippi; Amendment No. 5 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Mississippi (FEMA-4081-DR), dated August 29, 2012, and related determinations. DATES: Effective Date: September 11, 2012.
Louisiana; Amendment No. 10 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Louisiana (FEMA-4080-DR), dated August 29, 2012, and related determinations.
Louisiana; Amendment No. 8 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Louisiana (FEMA-4080-DR), dated August 29, 2012, and related determinations.
Louisiana; Amendment No. 7 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Louisiana (FEMA-4080-DR), dated August 29, 2012, and related determinations.
Notice of Arrival on the Outer Continental Shelf
The United States Coast Guard is soliciting public comment on proposed changes to the computer application for electronic Notice of Arrival (NOA) on the Outer Continental Shelf (OCS). The Coast Guard NOA-OCS program currently requires NOA information for those vessels, facilities, and Mobile Offshore Drilling Units (MODUs) operating on the OCS. This information is currently being collected via the National Vessel Movement Center (NVMC) electronic Notice of Arrival and Departure (e-NOAD) process. The Coast Guard is continually seeking to improve the e-NOAD process and form to make it as user friendly as possible. Public comment is necessary in order to assist the Coast Guard with assessing which requirements may be addressed in future guidance or regulations to improve the e-NOAD application.
Safety Zone; Fleet Week Fireworks, San Francisco Bay, San Francisco, CA
The Coast Guard will enforce the safety zone for the Fleet Week Fireworks in the Captain of the Port, San Francisco area of responsibility during the dates and times noted below. This action is necessary to protect life and property of the maritime public from the hazards associated with the fireworks display. During the enforcement period, unauthorized persons or vessels are prohibited from entering into, transiting through, or anchoring in the safety zone, unless authorized by the Patrol Commander (PATCOM).
Drawbridge Operation Regulation; Grosse Tete Bayou, Iberville Parish, LA
The Coast Guard is removing the existing drawbridge operation regulation for the Union Pacific railroad swing bridge over Grosse Tete Bayou, mile 14.7, Iberville Parish, Louisiana. This bridge has been modified from a swing bridge to a fixed bridge and the current special operating regulation is no longer applicable or necessary.
Proposed Flood Elevation Determinations
On May 21, 2010, FEMA published in the Federal Register a proposed rule that contained an erroneous table. This notice provides corrections to that table, to be used in lieu of the information published at 75 FR 28511. The table provided here represents the flooding sources, location of referenced elevations, effective and modified elevations, and communities affected for Muhlenberg County, Kentucky and Incorporated Areas. Specifically, it addresses the following flooding sources: Brier Creek (backwater effects from Green River), Caney Creek, Caney Creek Tributary 27.1 (backwater effects from Caney Creek), Caney Creek Tributary 31 (backwater effects from Caney Creek), Canfield Branch (backwater effects from Green River), Cypress Creek (backwater effects from Green River), Cypress Creek Tributary 1 (backwater effects from Green River), Green River, Irwin Creek (backwater effects from Green River), Isaacs Creek (backwater effects from Green River), Jacobs Creek (backwater effects from Green River), Jacobs Creek Tributary 7 (backwater effects from Green River), Little Cypress Creek, Little Cypress Creek Tributary 16 (backwater effects from Little Cypress Creek), Little Cypress Creek Tributary 8 (backwater effects from Little Cypress Creek), Log Creek (backwater effects from Green River), Mud River (backwater effects from Green River), Muddy Fork (backwater effects from Green River), Nelson Creek (backwater effects from Green River), Opossum Run (backwater effects from Sandlick Creek), Plum Creek (backwater effects from Green River), Plum Creek Tributary 5 (backwater effects from Green River), Pond Creek (backwater effects from Green River), Pond Creek (backwater effects from Sandlick Creek), Pond Creek Tributary 29 (backwater effects from Green River), Pond Creek Tributary 30 (backwater effects from Green River), Pond River (backwater effects from Green River) and Sandlick Creek Tributary 2 (backwater effects from Sandlick Creek).
Louisiana; Amendment No. 6 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Louisiana (FEMA-4080-DR), dated August 29, 2012, and related determinations.
West Virginia; Amendment No. 2 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of West Virginia (FEMA-4071-DR), dated July 23, 2012, and related determinations.
Louisiana; Amendment No. 5 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Louisiana (FEMA-4080-DR), dated August 29, 2012, and related determinations.
Mississippi; Amendment No. 2 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Mississippi (FEMA-4081-DR), dated August 29, 2012, and related determinations.
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